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

May the Twenty-Fourth, Two Thousand and Seventeen

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 34 Board of Control 34 Ward Name Civil Service 37 1 Terrell H. Pruitt Board of Zoning Appeals 37 2 Zachary Reed Board of Building Standards 3 Kerry McCormack and Building Appeals 40 4 Kenneth L. Johnson Public Notice 41 5 Phyllis E. Cleveland Public Hearings 42 6 Blaine A. Griffin City of Cleveland Bids 42 7 TJ Dow Adopted Resolutions and Ordinances 43 8 Michael D. Polensek Committee Meetings 46 9 Kevin Conwell Index 46 10 Jeffrey D. Johnson 11 Dona Brady 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Brian J. Cummins 15 Matthew 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 – Edward Jamison, Chief Animal Control Officer, 2690 West 7th Ward Name Residence Street 1 Terrell H. Pruitt ...... 16920 Throckley Avenue 44128 Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd. 2 Zack Reed ...... 3734 East 149th Street 44120 Emergency Medical Service – Nicole Carlton, Acting Commissioner, 1708 South Pointe Drive 3 Kerry McCormack ...... 1429 West 38th Street 44113 Fire – Patrick Kelly, Chief, 1645 Superior Avenue 4 Kenneth L. Johnson...... 2948 Hampton Road 44120 Police – Calvin D. Williams, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street 5 Phyllis E. Cleveland...... 2369 East 36th Street 44105 DEPT. OF COMMUNITY DEVELOPMENT – Michael Cosgrove, Director 6 Blaine A. Griffin...... 11810 Larchmere Boulevard 44120 DIVISIONS: 7 TJ Dow...... 7715 Decker Avenue 44103 Administrative Services – Jesus Rodriguez, Commissioner 8 Michael D. Polensek...... 17855 Brian Avenue 44119 Fair Housing and Consumer Affairs Office – John Mahoney, Manager 9 Kevin Conwell ...... 10647 Ashbury Avenue 44106 Neighborhood Development –Chris Garland, Commissioner 10 Jeffrey D. Johnson ...... 9024 Parkgate Avenue 44108 Neighborhood Services – Louise V. Jackson, Commissioner 11 Dona Brady ...... 1272 44102 12 Anthony Brancatelli ...... 6924 Ottawa Road 44105 DEPT. OF BUILDING AND HOUSING – Ayonna Blue Donald, Interim Director, Room 500 13 Kevin J. Kelley...... 5904 Parkridge Avenue 44144 DIVISIONS: 14 Brian J. Cummins ...... 3104 Mapledale Avenue 44109 Code Enforcement – Thomas E. Vanover, Commissioner Construction Permitting – Narid Hussain, Commissioner 15 Matthew Zone ...... 1228 West 69th Street 44102 16 Brian Kazy ...... 4300 West 143rd Street 44135 DEPT. OF HUMAN RESOURCES – Nycole West, Director, Room 121 17 Martin J. Keane...... 15907 Colletta Lane 44111 DEPT. OF ECONOMIC DEVELOPMENT – David Ebersole, Interim Director, Room 210 City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840 DEPT. OF AGING – Mary McNamara, Director, Room 122 MAYOR – Frank G. Jackson Ken Silliman, Secretary to the Mayor, Chief of Staff COMMUNITY RELATIONS BOARD – Room 11, ______, Director, Mayor Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer Frank G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice-Chairman, Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Council Member Brian Cummins, Eugene R. Miller (Board Lawyer), Roosevelt E. Martin J. Flask, Executive Assistant to the Mayor of Special Projects Coats, Jenice Contreras, Kathryn Hall, Yasir Hamdallah, Evangeline Hardaway, John O. Monyka S. Price, Executive Assistant to the Mayor, Chief of Education Horton, Gary Johnson, Sr., Daniel McNea, Stephanie Morrison-Hrbek, Roland Muhammad, Matt Gray, Executive Assistant to the Mayor, Chief of Sustainability Gia Hoa Ryan, Peter Whitt. Natoya J. Walker Minor, Executive Assistant to the Mayor, Chief of Public Affairs CIVIL SERVICE COMMISSION – Room 119, Rev. Gregory E. Jordan, President; Michael Edward W. Rybka, Executive Assistant to the Mayor, Chief of Regional Development Flickinger, Vice-President; Barry A. Withers, Interim Secretary; Members: Daniel J. Duane Deskins, Executive Assistant to the Mayor, Chief of Prevention, Intervention and Brennan, India Pierce Lee. Opportunity for Youth and Young Adults SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Kevin Dan Williams, Media Relations Director J. Kelley; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director. OFFICE OF CAPITAL PROJECTS – Matthew L. Spronz, Director BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; DIVISIONS: Henry Bailey, Kelley Britt, Joan Shaver Washington, Tim Donovan, Elizabeth Kukla, Architecture and Site Development – ______Manager Secretary. Engineering and Construction — Richard J. Switalski, Manager BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, Real Estate — James DeRosa, Commissioner Joseph F. Denk, Chairman; Howard Bradley, Patrick M. Gallagher, Robert Maschke, Halim OFFICE OF EQUAL OPPORTUNITY – Melissa K. Burrows, Ph.D., Director M. Saab, P.E., Alternate Members – D. Cox, P. Frank, E. P. O’Brien, Richard Pace, J.F. OFFICE OF QUALITY CONTROL AND PERFORMANCE MANAGEMENT – Sabra Sullivan. 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. Richard F. Horvath, 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: Robin Wood, 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; Anthony DIVISIONS: J. Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean Accounts – Lonya Moss Walker, Commissioner, Room 19 Pinkney, Norman Krumholz, Council Member Phyllis E. Cleveland. Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 FAIR HOUSING BOARD – Charles See, Chair; Lisa Camacho, Daniel Conway, Robert L. City Treasury – James Hartley, Interim Treasurer, Room 115 Render, Genesis O. Brown. Financial Reporting and Control – James Gentile, Controller, Room 18 HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, 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; Laura M. Bala, Freddy L. Collier, Jr., Allan Dreyer, Council Water Pollution Control – Rachid Zoghaib, Commissioner Member Terrell H. Pruitt, Robert Strickland, Donald Petit, Secretary. DEPT. OF PORT CONTROL – Robert Kennedy, Director, Cleveland Hopkins International AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane Airport, 5300 Riverside Drive Down ing, Donna Sciarappa, Council President Kevin J. Kelley; Law Director Barbara A. DIVISIONS: Langhenry. Burke Lakefront Airport – Khalid Bahhur, Commissioner CLEVELAND MUNICIPAL COURT Cleveland Hopkins International Airport – Fred Szabo, 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 Ronald B. Adrine – Courtroom 15A Special Events and Marketing – Tangee Johnson, Manager Judge Pinkey S. Carr – Courtroom 15C DIVISIONS: Judge Marilyn B. Cassidy – Courtroom 13A Motor Vehicle Maintenance – Jeffrey Brown, Commissioner Judge Janet Rath Colaluca – Courtroom 12B Park Maintenance and Properties – Richard L. Silva, Commissioner Judge Michelle Denise Earley – Courtroom 14C Parking Facilities – Kim Johnson, Interim Commissioner Judge Emanuella Groves – Courtroom 14B Property Management – Tom Nagle, Commissioner Judge Jimmy L. Jackson, Jr. – Courtroom 12A Recreation – Samuel Gissentaner, Interim Commissioner Judge Lauren C. Moore – Courtroom 14A Streets – Frank D. Williams, Interim Commissioner Judge Charles L. Patton, Jr. – Courtroom 13D Traffic Engineering – Robert Mavec, Commissioner Judge Ronald J.H. O’Leary (Housing Court Judge) – Courtroom 13B Waste Collection and Disposal – Randell T. Scott, Interim Commissioner Judge Michael R. Sliwinski – Courtroom 13C DEPT. OF PUBLIC HEALTH – Merle Gordon, Director, 75 Erieview Plaza Judge Suzan Marie Sweeney – Courtroom 12C DIVISIONS: Judge Joseph J. Zone – Courtroom 14D Air Quality – David Hearne, Interim Commissioner Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Robert J. Furda Environment – Brian Kimball, Commissioner, 75 Erieview Plaza – Chief Bailiff; Dean Jenkins – Chief Probation Officer, Gregory F. Clifford – Chief Health – Persis Sosiak, Commissioner, 75 Erieview Plaza Magistrate. The City Record

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 104 WEDNESDAY, MAY 24, 2017 No. 5398 CITY COUNCIL MONDAY, MAY 22, 2017

The City Record The following Committees meet at by Council, Allan Dreyer as Council Published weekly by the City Clerk, the Call of the Chair: Clerk Pro Tempore for May 17, 2017. Clerk of Council under authority Received. Mayor’s Appointments Committee: of the Charter of the Kazy (CHAIR), Brady, Cleveland, File No. 677-17. City of Cleveland Dow, Kelley. The City Record is available May 22, 2017 online at Operations Committee: Pruitt www.clevelandcitycouncil.org (CHAIR), Griffin, Kelley, Keane, Allen Dreyer Address all communications to Zone. Deputy Clerk PATRICIA J. BRITT Rules Committee: Kelley 601 Lakeside Avenue, Room 220 City Clerk, Clerk of Council (CHAIR), Cleveland, Keane, 216 City Hall Polensek, Pruitt. Cleveland, 44114 Dear Mr. Dreyer: PERMANENT SCHEDULE OFFICIAL PROCEEDINGS STANDING COMMITTEES You are requested, without objec- CITY COUNCIL OF THE COUNCIL tion of Cleveland City Council, to ______serve as Clerk of Council Pro Tem- MAY 15, 2017 pore for all matters requiring the Cleveland, Ohio Clerk’s signature from May 22, 2017, MONDAY — Alternating May 22, 2017 to May 26, 2017. The meeting of the Council was 9:30 A.M. — Health and Human called to order at 7:05 p.m. with the Your assistance is appreciated. Services Committee: Cummins President of Council, Kevin J. Kel- (CHAIR), Griffin (VICE-CHAIR), ley, in the Chair. Sincerely, Brady, Cleveland, Conwell, J. John- Kevin J. Kelley son, McCormack. Council Members present: Dona Council President Brady, Anthony Brancatelli, Phyllis 9:30 A.M. — Municipal Services E. Cleveland, Kevin Conwell, Brian Received. and Properties Committee: K. John- J. Cummins, TJ Dow, Blaine A. Grif- fin, Jeffrey D. Johnson, Kenneth L. son (CHAIR), Dow (VICE-CHAIR), OATH OF OFFICE Brancatelli, Cummins, J. Johnson, Johnson, Brian Kazy, Kevin J. Kel- Kazy, Reed. ley, Martin J. Keane, Kerry McCor- File No. 678-17. mack, Michael D. Polensek, Terrell Khalid Bahhur, Interim Commis- H. Pruitt, Zack Reed, and Matthew MONDAY sioner of Cleveland Hopkins Inter- Zone. national Airport. Received. 2:00 P.M. — Finance Committee: Also present were: Mayor Frank G. Jackson, Chief of Staff Ken Sil- Kelley (CHAIR), Cleveland (VICE- PLAT CHAIR), Brady, Brancatelli, Con- liman, Chief Operating Officer Dar- well, Griffin, Keane, Pruitt, Zone. nell Brown, Chief of Regional Devel- opment Edward W. Rybka, Chief of File No. 640-17. Dedication Plat for Nina Subdivi- TUESDAY Education Monyka S. Price, Media Relations Director Dan Williams, sion, Columbus Road and Freeman Chief of Sustainability Matt Gray, Avenue. Approved by Committees on 9:30 A.M. — Development, Plan- Municipal Services and Properties, ning and Sustainability Committee: hief of Prevention, Intervention and and Development Planning and Sus- Brancatelli (CHAIR), Cleveland Opportunity for Youth and Young tainability. Without objection, Plat (VICE-CHAIR), Cummins, Dow, Adults Duane Deskins, and Direc- approved. McCormack, Pruitt, Zone. tors Langhenry, Davis, Kennedy, Spronz, Gordon, Cox, Cosgrove, Don- FROM OHIO DIVISION OF TUESDAY — Alternating ald, West, Ebersole, Collier, McNa- mara, Burrows and Pierce Scott. LIQUOR CONTROL 1:30 P.M. — Utilities Committee: File No. 637-17. Pruitt (CHAIR), Brady (VICE- MOTION RE: #4652696. New License Appli- CHAIR), Brancatelli, Cummins, Grif- cation, C1. King Deli LLC, 8331 fin, Keane, Polensek. Council Members, Administration, Staff, and those in the audience rose Superior Ave. (Ward 7). Received. 1:30 P.M. — Workforce and Com- for a moment of silent reflection, munity Benefits Committee: Cleve- and the Pledge of Allegiance. File No. 638-17. land (CHAIR), Zone (VICE-CHAIR), RE: #0263185. Stock Application, J.Johnson, Kazy, Polensek, Pruitt, MOTION D5J D6. Aringa LLC, 15710 Waterloo Reed. Rd. (Ward 8). Received. On the motion of Council Member WEDNESDAY — Alternating Cummins, the reading of the min- File No. 639-17. utes of the last meeting was dis- RE: #4127729. New License Appli- 10:00 A.M. — Safety Committee: pensed with and the journal cation, D5J. IlRione Pizzeria LLC, Zone (CHAIR), Conwell (VICE- approved. Seconded by Council Mem- 1303 West 65th St. (Ward 15). CHAIR), Griffin, Kazy, Keane, ber Griffin. Received. McCormack, Polensek. COMMUNICATIONS File No. 670-17. 10:00 A.M. — Transportation Com- RE: #9164152. Temporary License mittee: Keane (CHAIR), Dow File No. 636-17. Application, F8. , (VICE-CHAIR), Conwell, J. Johnson, From Council President Kevin J. Inc., 10820 East Blvd. (Ward 9). K.Johnson, Kazy, Reed. Kelley appointing, without objection Received. 895 4 The City Record May 24, 2017

File No. 671-17. Section 3. That Permittee may Course No. 2: RE: #7036175. Economic Develop- assign the permit only with the prior Thence N 07°20'49" W, a distance of ment Transfer Application, D5. P & written consent of the Director of 20.00 feet to a point; P Hospitality Group LLC, 1801 East Capital Projects. That the 9th St. (Ward 5). Received. encroaching structure(s) permitted by Course No. 3: this ordinance shall conform to plans Thence N 82°39'11" E, a distance of CONDOLENCE RESOLUTIONS and specifications first approved by 53.78 feet to a point on the easterly line the Manager of the City’s Division of of said East 105th Street; The rules were suspended and the Engineering and Construction. That following Resolutions were adopted Permittee shall obtain all other Course No.4: by a rising vote: required permits, including but not Thence S 01°06'01" E, along said limited to Building Permits, before easterly line of East 105th Street, a Res. No. 680-17 — Naomi D. (nee installing the encroachment(s). distance of 20.12 feet to a point; Green) Croom. Section 4. That the permit shall Res. No. 686-17 — Charles Perry. reserve to the City reasonable right of Course No. 5: entry to the encroachment location(s). Thence S 82°39'11" W, a distance of RECOGNITION RESOLUTIONS Section 5. That this ordinance is 30.18 feet to the principal point of declared to be an emergency measure beginning and containing 0.0242 acres The rules were suspended and the and, provided it receives the of land (1054 sq. ft.) as calculated and following Resolutions were adopted affirmative vote of two-thirds of all described by John E. Jansky, without objection: the members elected to Council, it Registered Surveyor No. 6440 of shall take effect and be in force Garrett and Associates in November Res. No. 681-17 — Andre Martin. immediately upon its passage and 2016. Res. No. 682-17 — Harllel Jones Bearings are of an assumed Street Dedication. approval by the Mayor; otherwise it shall take effect and be in force from meridian and are to indicate angles Res. No. 683-17 — 8th Annual only. Cleveland Asian Festival. and after the earliest period allowed Res. No. 684-17 — . by law. Referred to Directors of Capital 20' WIDE STORM SEWER ENCROACHMENT APPRECIATION RESOLUTION Projects, City Planning Commission, Finance, Law; Committees on THROUGH EAST 101ST STREET Municipal Services and Properties, Situated in the City of Cleveland, The rules were suspended and the County of Cuyahoga and State of Ohio, Development Planning and following Resolution was adopted and known as being part of Original Sustainability. without objection: One Hundred Acre Lot No. 402, and further bounded and described as Res. No. 685-17 — Tammy Tucker, Ord. No. 642-17. follows: M.Ed. By Council Members Dow, Conwell, Beginning at centerline intersection K. Johnson and Brancatelli (by of East 101st Street (72 feet wide) and FIRST READING EMERGENCY departmental request). Woodward Avenue (40 feet wide); ORDINANCES REFERRED An emergency ordinance authoriz- Thence S 0°34'36" W, along said ing the Director of Capital Projects centerline of East 101st Street, a Ord. No. 641-17. to issue a permit to Case Western By Council Members Cleveland, K. distance of 225.43 feet to the principal Reserve University to encroach into point of beginning of the Johnson and Brancatelli (by the public right-of-way of East 101st departmental request). encroachment herein intended to be Street and East 105th Street by described; An emergency ordinance authoriz- installing, using, and maintaining ing the Director of Capital Projects utility crossings. Course No. 1: to issue a permit to the American Whereas, this ordinance consti- Society of Heating, Refrigerating Thence S 79°34'45" E, parallel to tutes an emergency measure provid- and 10 feet by rectangular and Air-Conditioning Engineers ing for the usual daily operation of (ASHRAE), to encroach into the measurement from the proposed 8" a municipal department; now, there- public right-of-way at 7218 Euclid storm sewer, a distance of 36.54 feet to fore, Avenue by installing, using, and a point on the easterly line of said Be it ordained by the Council of maintaining a bronze historical East 101st Street; place marker that would sit on a the City of Cleveland: pole with foundation. Section 1. That the Director of Course No. 2: Whereas, this ordinance consti- Capital Projects is authorized to Thence S 0°34'36" W, along said tutes an emergency measure provid- issue a permit, revocable at the will easterly line of East 101st Street, a ing for the usual daily operation of of Council, to Case Western Reserve distance of 20.30 feet to a point; a municipal department; now, there- University, 10900 Euclid Avenue, fore, Cleveland, Ohio 44106-7228 (“Permit- Course No. 3: Be it ordained by the Council of tee”), to encroach into the public Thence N 79°34'45" W, a distance of the City of Cleveland: right-of-way of East 101st Street and 49.45 feet to a point; Section 1. That the Director of East 105th Street by installing, Capital Projects is authorized to using, and maintaining utility cross- Course No. 4: issue a permit, revocable at the will ings at the following locations: Thence N 10°25'15" E, a distance of of Council, to the American Society 20.00 feet to a point; of Heating, Refrigerating, and Air- 20' WIDE WATER LINE Conditioning Engineers (ASHRAE), ENCROACHMENT Course No. 5: 3135 Euclid Ave, Cleveland, Ohio, THROUGH EAST 105TH STREET Thence S 79°34'45" E, a distance of 44114 (“Permittee”), to encroach into Situated in the City of Cleveland, 9.45 feet to the principal point of the public right-of-way at 7218 County of Cuyahoga and State of Ohio, beginning and containing 0.0219 acres Euclid Avenue by installing, using, and known as being part of Original of land (954 sq. ft.) as calculated and and maintaining a 45" x 42" bronze One Hundred Acre Lot No. 402, and described by John E. Jansky, historical place marker on a 7’ pole further bounded and described as Registered Surveyor No. 6440 of with foundation at the following follows: Garrett and Associates in November location: Beginning at a stone monument 2016. Bearings are of an assumed Located in front of 7218 Euclid marking the centerline of East 105th meridian and are to indicate angles Avenue in the tree-lawn area Street (60 feet wide) with the westerly only. Section 2. That the Director of Law prolongation of the northerly line of Legal Description approved by Greg shall prepare the permit authorized by Park Lane N.E. Perpetual 30 foot Esber, Section Chief, Plats, Surveys this ordinance and shall incorporate Right of Way; and House Numbering Section. such additional provisions as the Thence N 01°06'01" W, along said Section 2. That the Director of Law Director of Law determines necessary centerline of East 105th Street, a shall prepare the permit authorized by to protect and benefit the public distance of 275.81 feet to the principal this ordinance and shall incorporate interest. The permit shall be issued point of beginning of the such additional provisions as the only when, in the opinion of the encroachment herein intended to be Director of Law determines necessary Director of Law, the prospective described; to protect and benefit the public Permittee has properly indemnified interest. The permit shall be issued the City against any loss that may Course No. 1: only when, in the opinion of the result from the encroachment(s) Thence S 82°39'11" W, a distance of Director of Law, the prospective permitted. 21.41 feet to a point; Permittee has properly indemnified 896 May 24, 2017 The City Record 5 the City against any loss that may vacate a portion of West 20th Street; of said vacated Franklin Avenue N.W. result from the encroachment(s) and (60.00 feet wide). permitted. Whereas, notice of the adoption of Legal Description approved by Greg Section 3. That Permittee may the above vacation was served on Esber, Section Chief, Plats, Surveys assign the permit only with the prior the abutting property owners affect- and House Numbering Section. written consent of the Director of ed by the resolution which stated a Section 2. That there is reserved to Capital Projects. That the time and place when objections the City of Cleveland an easement of encroaching structure(s) permitted by would be heard before the Board of full width as described above for The this ordinance shall conform to plans Revision of Assessments; and Illuminating Company, Division of and specifications first approved by Whereas, on November 20, 2014, Water and the the Manager of the City’s Division of the Board of Revision of Assess- Regional Sewer District. Engineering and Construction. That ments approved the above vacation That no structures shall be erected Permittee shall obtain all other under the provisions of Section 176 on the premises described in this required permits, including but not of the Charter of the City of Cleve- easement except those constructed limited to Building Permits, before land; and under the approval of, and in installing the encroachment(s). Whereas, this Council is satisfied compliance with, plans approved by Section 4. That the permit shall that there is good cause for vacat- The Illuminating Company, Division reserve to the City reasonable right of ing a portion of the above and that of Water, Northeast Ohio Regional entry to the encroachment location(s). it will not be detrimental to the gen- Sewer District, and the City of Section 5. That this ordinance is eral interest and that it should be Cleveland; declared to be an emergency measure made; and Section 3. That provided all required and, provided it receives the Whereas, this ordinance consti- approvals have been obtained, the affirmative vote of two-thirds of all tutes an emergency measure provid- Manager of Engineering and the members elected to Council, it ing for the usual daily operation of Construction is directed to record the shall take effect and be in force a municipal department; now, there- vacation plat in the office of the immediately upon its passage and fore, Recorder of Cuyahoga County. approval by the Mayor; otherwise it Be it ordained by the Council of Section 4. That the Clerk of Council shall take effect and be in force from the City of Cleveland: is directed to transmit a copy of this and after the earliest period allowed Section 1. That this Council ordinance to the Fiscal Officer of by law. declares that the following Cuyahoga County. Referred to Directors of Capital described real property is vacated: Section 5. That this ordinance is Projects, City Planning Commission, Being all that portion of West 20th declared to be an emergency measure Street (66.00 feet wide) extending Finance, Law; Committees on and, provided it receives the from the northerly line of that vacated Municipal Services and Properties, affirmative vote of two-thirds of all portion of Franklin Avenue N.W. Development Planning and the members elected to Council, it (60.00 feet wide) and West 20th Street shall take effect and be in force Sustainability. (66 feet wide) as shown in Volume 202 immediately upon its passage and of Maps, Page 59 of Cuyahoga County approval by the Mayor; otherwise it Ord. No. 643-17. Records, northerly to a line drawn shall take effect and be in force from By Council Members McCormack, K. from a point on the west line of said and after the earliest period allowed Johnson and Brancatelli (by West 20th Street (66 feet wide) being by law. departmental request). 100.72 feet from the intersection of the Referred to Directors of Capital An emergency ordinance to vacate north line of said vacated Franklin Projects, City Planning Commission, a portion of West 20th Street. Avenue N.W. (60.00 feet wide) to a Finance, Law; Committees on Whereas, under Resolution No. point on the east line of said West 20th Municipal Services and Properties, 1415-13, adopted July 16, 2014, this Street (66 feet wide) being 132.66 feet Development Planning and Council declared its intention to from the intersection of the north line Sustainability, Finance.

Ord. No. 644-17. By Council Member Kelley (by departmental request). An emergency ordinance to amend Section 35 of Ordinance No. 323-15, passed March 30, 2015, as amended by various ordinances, 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 Section 35 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 1022-16, passed September 26, 2016, and Ordinance No. 189-17, passed March 20, 2017, is amended to read as follows:

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 72,000.00 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 86,124.77 897 6 The City Record May 24, 2017

22. Performance Auditor...... 40,000.00 90,000.00 23. Quality Control Inspector ...... 25,000.00 65,000.00 24. Senior Systems Analyst ...... 20,800.00 87,543.86 25. Shift Supervisor Operations ...... 20,800.00 64,468.16 26. Superintendent of Distribution ...... 20,800.00 79,972.99 27. Superintendent of Purchase Power...... 27,325.56 102,352.02 28. Supervising Tax Auditor ...... 20,800.00 67,000.00 29. Supervisor of Civil Service Records ...... 20,800.00 64,468.16

Section 2. That existing Section 35 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 1022-16, passed September 26, 2016, and Ordinance No. 189-17, passed March 20, 2017, is 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. Referred to Directors of Human Resources, Finance, Law; Committee on Finance.

Ord. No. 645-17. or subfunds to which are credited the affirmative vote of two-thirds of all By Council Members Keane and proceeds of any grants received or the members elected to Council, it Kelley (by departmental request). passenger facility charges if shall take effect and be in force An emergency ordinance authoriz- authorized for the purposes of this immediately upon its passage and ing the Director of Port Control to ordinance, Request No. RQS 3001, RL approval by the Mayor; otherwise it employ one or more professional 2017-53. shall take effect and be in force from consultants to provide general plan- Section 3. That this ordinance is and after the earliest period allowed ning, engineering, and design ser- declared to be an emergency measure by law. vices, for a period of one year, exe- and, provided it receives the Referred to Directors of Public cuted by December 31, 2018, with affirmative vote of two-thirds of all Utilities, Finance, Law; Committees three one-year options to renew, the the members elected to Council, it on Utilities, Finance. second of which requires additional shall take effect and be in force legislative authority. immediately upon its passage and Ord. No. 647-17. Whereas, this ordinance consti- approval by the Mayor; otherwise it By Council Members Brancatelli tutes an emergency measure provid- shall take effect and be in force from and Kelley (by departmental request). ing for the usual daily operation of and after the earliest period allowed An emergency ordinance authoriz- a municipal department; now, there- by law. ing the Director of Economic Devel- fore, Referred to Directors of Port opment to enter into a grant agree- Be it ordained by the Council of Control, Finance, Law; Committees on ment with The the City of Cleveland: Transportation, Finance. Sports Commission to provide finan- Section 1. That the Director of cial assistance to organize and Port Control is authorized to employ Ord. No. 646-17. administer programs for marketing by contract or contracts one or more By Council Members Pruitt ad the City of Cleveland as a venue for consultants or one or more firms of Kelley (by departmental request). sporting events and to actively mar- consultants for the purpose of sup- An emergency ordinance authoriz- ket the as a pre- plementing the regularly employed ing the Director of Public Utilities mier site for the hosting of major staff of the several departments of to exercise the first option to renew events. the City of Cleveland in order to pro- Contract No. MA 2015-75 with Pal- Whereas, this ordinance consti- vide professional services necessary adin Protective Systems Inc. to pro- tutes an emergency measure provid- to provide general planning, engi- vide labor and materials to test, ing for the usual daily operation of neering, and design services on an inspect, maintain, repair, enhance or a municipal department; now, there- as-needed basis, for a period of one replace electronic security systems fore, including software and components. year, executed by December 31, 2018, Be it ordained by the Council of Whereas, under the authority of with three one-year options to the City of Cleveland: Ordinance No. 1340-13, passed renew, for the various divisions of Section 1. That the Director of November 11, 2013, the Director of the Department of Port Control. The Economic Development is autho- Public Utilities entered into Con- second of the one-year options to rized to enter into a grant agree- tract No. MA 2015-75 with Paladin renew may not be exercised without ment with The Greater Cleveland Protective Systems Inc. to provide Sports Commission to provide finan- additional legislative authority. If labor and materials to test, inspect, cial assistance to organize and such additional legislative authority maintain, repair, enhance or replace is granted and the second of the electronic security systems includ- administer programs for marketing one-year options to renew is exer- ing software and components; and the City of Cleveland as a venue for cised, then the third of the one-year Whereas, Ordinance No. 1340-13 sporting events and to actively mar- options to renew may be exercisable requires further legislation before ket the Public Auditorium as a pre- at the option of the Director of Port exercising the first option to renew mier site for the hosting of major Control, without the necessity of on this contract; and events. obtaining additional authority of Whereas, this ordinance consti- Section 2. That the costs of the grant this Council. tutes an emergency measure provid- shall not exceed an amount of $225,000 The selection of the consultants for ing for the usual daily operation of and shall be paid from Fund No. 10 SF the services shall be made by the a municipal department; now, there- 501, RQS 9501, RL 2017-54. Board of Control on the nomination of fore, Section 3. That the agreement and the Director of Port Control from a list Be it ordained by the Council of other appropriate documents needed of qualified consultants available for the City of Cleveland: to complete the transaction authorized employment as may be determined Section 1. That the Director of by this legislation shall be prepared after a full and complete canvass by Public Utilities is authorized to by the Director of Law. the Director of Port Control for the exercise the first option to renew Section 4. That this ordinance is purpose of compiling a list. The Contract No. MA 2015-75 for an addi- declared to be an emergency measure compensation to be paid for the tional year, with Paladin Protective and, provided it receives the services shall be fixed by the Board of Systems Inc. for the requirements of affirmative vote of two-thirds of all Control. The contract or contracts labor and materials to test, inspect, the members elected to Council, it authorized shall be prepared by the maintain, repair, enhance or replace shall take effect and be in force Director of Law, approved by the electronic security systems includ- immediately upon its passage and Director of Port Control, and certified ing software and components. This approval by the Mayor; otherwise it by the Director of Finance. ordinance constitutes the additional shall take effect and be in force from Section 2. That the cost of contract legislative authority required by and after the earliest period allowed or contracts authorized shall be paid Ordinance No. 1340-13 to exercise by law. from Fund Nos. 60 SF 001, 60 SF 104, 60 this option. (RQN 2002, RL 2017-26) Referred to Directors of Economic SF 105, 60 SF 106, 60 SF 115, 60 SF 116, Section 2. That this ordinance is Development, Finance, Law; 60 SF 122, 60 SF 126, 60 SF 128, 60 SF declared to be an emergency measure Committees on Development Planning 130, 60 SF 141, 60 SF 160, from the fund and, provided it receives the and Sustainability, Finance. 898 May 24, 2017 The City Record 7

Ord. No. 648-17. Whereas, this ordinance consti- Drive and along the arc of a circle By Council Members Brancatelli tutes an emergency measure provid- curving to the left (central angle = and Kelley (by departmental request). ing for the usual daily operation of 32°43'43", radius = 532.40', chord = An emergency ordinance authoriz- a municipal department; now, there- 300.00', chord bearing = S-40°36'29"- ing the Director of Economic Devel- fore, W) 304.12 feet to a point; opment to enter into a grant agree- Be it ordained by the Council of Thence, N-44°20'28"-W, 61.25 feet to ment with the Greater Cleveland the City of Cleveland: the southerly line of said Cedar Glen Media Development Corporation dba Section 1. That, notwithstanding Parkway as recorded in Deed Volume Greater Cleveland Film Commission and as an exception to the provi- 689, Page 252; to assist with the operations of the sions of Chapters 181 and 183 of the Thence along the southerly line of organization. Codified Ordinances of Cleveland, said Cedar Glen Parkway the Whereas, this ordinance consti- Ohio, 1976, it is found and deter- following eight courses: tutes an emergency measure provid- mined that an easement interest in 1) S-41°37'26"-W, 231.11 feet to a ing for the usual daily operation of the following described property is point of curve; a municipal department; now, there- not needed for the City’s public use: 2) Along the arc of a circle to the left fore, non-tangent to the previous course Be it ordained by the Council of MULTI PURPOSE PATH (central angle = 58°24'28", radius = the City of Cleveland: EASEMENT 212.00', chord = 206.88', chord bearing Section 1. That the Director of CEDAR GLEN PARKWAY = S-18°15'44"-W) 216.11 feet to a point Economic Development is autho- Situated in the City of Cleveland and of tangent; rized to enter into a grant agree- City of Cleveland Heights, County of 3) S-47°27'55"-W, 100.82 feet to a ment with the Greater Cleveland Cuyahoga and State of Ohio and being point; Media Development Corporation dba an easement over the southeasterly 4) N-53°20'06"-W, 42.51 feet to a Greater Cleveland Film Commission portion of Cedar Glen Parkway now point; to assist with the operations of the owned by The City of Cleveland 5) S-56°08'08"-W, 201.49 feet to a organization. (Cuyahoga County Parcel No. 68519010 point; Section 2. That the costs of the grant as recorded in Deed Volume 689, Page 6) S-71°18'34"-W, 260.20 feet to a shall not exceed $225,000 and shall be 252 of the Cuyahoga County Records) point; paid from Fund No. 10 SF 501, Request and (Cuyahoga County Parcel No. 7) S-83°26'54"-W, 134.40 feet to a No. RQS 9501, RL 2017-55. 68522004 and 12106031 per The point; Section 3. That the Director of Law Cuyahoga County Auditor), being 8) N-67°50'36"-W, 322.06 feet to the is authorized to prepare the grant more fully described as follows: southeasterly line of Ambleside Drive; agreement and other documents that Beginning at a centerline Thence northeasterly along the may be appropriate to complete the monument found at the intersection of southeasterly line of said Ambleside transaction. Cedar Road (as set forth on the “Plan Drive, Section 4. That this ordinance is of Cedar Glen” of the Cuyahoga N-57°01'04"-E, 100.65 feet to the True declared to be an emergency measure County Engineers office, dated July, Place of Beginning for the easement and, provided it receives the 1930) and the easterly Corporation hereinbefore described and containing affirmative vote of two-thirds of all Line of The City of Cleveland; Thence 3.5701 acres of land as surveyed by the members elected to Council, it southeasterly along said easterly line Daniel C. Kalstrom, Professional of the City of Cleveland, S-01°09'31"-E shall take effect and be in force Surveyor (Reg. No. 6302) in March, (bearings reference to the Ohio 2017. immediately upon its passage and Coordinate System, North Zone, NAD Legal Description approved by Greg approval by the Mayor; otherwise it 83), 48.72 feet to the southerly line of Esber, Section Chief, Plats, Surveys shall take effect and be in force from Cedar Road as shown on said Plan of and House Numbering Section. and after the earliest period allowed Cedar Glen; Thence southeasterly Section 2. That the Commissioner of by law. along the southerly line of Cedar Road Purchases and Supplies is authorized Referred to Directors of Economic and along the arc of a circle curving to to convey the above-described Development, Finance, Law; the left (central angle = 0°22'52", easement interest to Cleveland Committees on Development Planning radius = 2332.00', chord = 15.51', Heights subject to any conditions and Sustainability, Finance. chord bearing = S-83°54'45"-E) 15.51 stated in this ordinance. The feet to the southeasterly line of consideration to be paid for this Ord. No. 649-17. Ambleside Drive and the True Place of property shall not exceed $1.00 and By Council Members K. Johnson, beginning for the easement other valuable consideration, which is Brancatelli and Kelley (by hereinafter described; determined to be fair market value. departmental request). Thence along the southerly line of Section 3. That the easement shall An emergency ordinance authoriz- Cedar Road as shown on said Plan of be non-exclusive and the purpose of ing the Director of Public Works to Cedar Glen the following six courses: the easement shall be to construct and execute a deed of easement granti- 1) Along the arc of a circle curving maintain a multi-purpose trail and ng to the City of Cleveland Heights to the left (central angle = 8°04'40", maintain the grounds. certain easement rights in property radius = 2332.00', chord = 328.50', Section 4. That the duration of the located along the south side of chord bearing = S-88°08'31"-E) 328.77 easement shall be perpetual; that the Cedar Road between Ambleside feet to a point of compound curve; easement shall not be assignable Road and Harcourt Drive; to accept 2) Along the arc of a circle curving without the consent of the Director of the improvements when complete; to to the left (central angle = 17°37'04", Public Works; that the easement shall memorialize Cleveland Heights’ radius = 836.36', chord = 256.16', require that Cleveland Heights obligation to maintain the grounds chord bearing = N-79°00'39"-E) 257.17 provide reasonable insurance or self- and improvements; and declaring feet to a point of compound curve; insurance; maintain any Cleveland that the easement rights granted 3) Along the arc of a circle curving Heights’ improvements located within are not needed for public use. to the left (central angle = 28°54'08", the easement; pay any applicable Whereas, the City of Cleveland radius = 632.31', chord = 315.59' taxes and assessments; and shall Heights (“Cleveland Heights”) will chord bearing = N-55°45'03"-E) 318.96 contain such other terms and construct and maintain a multi-pur- feet to a point of tangent; conditions that the Director of Law pose trail as part of its Cedar Fair- 4) N-41°17'59"-E, 420.21 feet to a determines to be necessary to protect mount streetscape project being point of curve; and benefit the City. funded by the Ohio Department of 5) Along the arc of a circle curving Section 5. That the Director of Transportation; and to the right (central angle = Public Works is authorized to accept Whereas, a portion of the trail 23°47'27", radius = 471.50', chord = the trail improvements when will be constructed or property 194.38', chord bearing = N-53°11'43"- completed. owned by the City of Cleveland; and E) 195.78 feet to a point of compound Section 6. That the conveyance Whereas, a permanent easement curve; referenced above shall be made by to the City of Cleveland Heights is 6) Along the arc of a circle curving official deed of easement prepared by necessary in order to allow it to con- to the right (central angle = the Director of Law and executed by struct and maintain the entire multi- 82°34'34", radius = 40.41', chord = the Director of Public Works on behalf purpose trail; and 53.33', chord bearing = S-73°37'17"-E) of the City of Cleveland. The Directors Whereas, the easement rights to 58.24 feet to a point of tangent; of Public Works and Law are be granted are not needed for the Thence, S-28°02'41"-E, 2.50 feet to authorized to execute any other City’s public use and the alignment the northwesterly line of Harcourt documents, including without and design of the multi-purpose trail Drive; limitation, contracts for right of entry, has been approved by the appropri- Thence southwesterly along the as may be necessary to effect this ate City of Cleveland officials; and northwesterly line of said Harcourt ordinance. 899 8 The City Record May 24, 2017

Section 7. That this ordinance is which premises are located at 2470 items and devices including but not declared to be an emergency measure West St. James Parkway in the City of limited to traffic and pedestrian and, provided it receives the Cleveland Heights: signs, hybrid beacons, flashing and affirmative vote of two-thirds of all Situated in the City of Cleveland signal head beacons, for crossing the members elected to Council, it Heights, County of Cuyahoga and the street, all as approved by appro- shall take effect and be in force State of Ohio, and known as being priate City officials. The affected immediately upon its passage and parts of Original 100 Acre Lots Nos. areas are more fully described as approval by the Mayor; otherwise it 413, 414, 421 and 422, and bounded and follows: shall take effect and be in force from described as follows: and after the earliest period allowed Bounded on the north by the LEGAL DESCRIPTION OF A by law. Westerly extension of the southerly GENERAL LICENSE AREA Referred to Directors of Public line of West St. James Parkway; ENCOMPASSING AN AREA Works, City Planning Commission, bounded westerly by the southerly WITHIN EAST BOULEVARD Finance, Law; Committees in extension of the easterly line of Grand CITY OF CLEVELAND – Municipal Services and Properties, View Road; bounded Southwesterly by CUYAHOGA COUNTY, OHIO Development Planning and the northeasterly line of North Park Situated in the City of Cleveland, Sustainability, Finance. Boulevard; bounded southeasterly by County of Cuyahoga and State of Ohio, the southwesterly extension of the and known as being part of Original Ord. No. 650-17. northwesterly line of Roxboro Road 100 Acre Lot Number 402 and further By Council Members K. Johnson, and bounded northeasterly by the bounded and described as follows: Brancatelli and Kelley (by northeasterly limits of land owned by Beginning at the northeasterly departmental request). the City of Cleveland. corner of Parcel “A” conveyed to The An emergency ordinance authoriz- Section 2. That the term of the by deed ing the Director of Public Works to Renewal authorized by this ordinance recorded in Volume 12328 Page 601 of renew its Lease with the Cleveland for the Lease shall not exceed ninety- Cuyahoga County Deed Records, said Heights – University Heights City nine years at $1.00 per year. All other northeasterly corner also being the School District for use of City of terms and conditions of the 1974 lease principal point of beginning of the Cleveland property located in the shall remain the same. premises herein intended to be City of Cleveland Heights at 2470 Section 3. That the Renewal shall be described; West St. James Parkway adjacent to prepared by the Director of Law. the Roxboro Middle School for recre- Section 4. That this ordinance is Course No. 1: ational purposes, for a term of nine- declared to be an emergency measure Thence along an easterly line of ty-nine years. and, provided it receives the land conveyed to the Cleveland Whereas, in 1974, the City entered affirmative vote of two-thirds of all Museum of Art, along the arc of a into a 40-year lease with the Cleve- the members elected to Council, it curve deflecting to the right, 111.78 land Heights – University Heights shall take effect and be in force feet, said curve having a radius of City School District (the “District”) immediately upon its passage and 1831.00 feet, a delta angle of 3°29'53" for the use of City of Cleveland approval by the Mayor; otherwise it and a chord which bears N 00°35'33" E, property located in the City of shall take effect and be in force from a distance of 111.77 feet to its Cleveland Heights at 2470 West St. and after the earliest period allowed intersection with a northerly Limit of James Parkway adjacent to the Work Line (Phase 1); Roxboro Middle School for recre- by law. Thence along said northerly Limit ational purposes; and Referred to Directors of Public Whereas, the land contains deed Works, City Planning Commission, of Work Line by the following two (2) restrictions limiting the use for park Finance, Law; Committees in courses and distances: purposes, such restrictions being Municipal Services and Properties, imposed by both John D. Rockefeller Development Planning and Course No. 2: and the Shaker Heights Land Com- Sustainability, Finance. Thence N 88°39'42" E, a distance of pany; and 40.75 feet to a point; Whereas, in 1974, the City’s lease Ord. No. 651-17. and the District’s proposed recre- By Council Members Dow, Conwell, Course No. 3: ational use were approved by the K. Johnson, Brancatelli and Kelley Thence along the arc of a curve Rockefeller Brothers Fund, Inc. (by departmental request). deflecting to the right, 15.39 feet, said which has since vested its power of An emergency ordinance authoriz- curve having a radius of 21.75 feet, a approval in The Cleveland Founda- ing the Director of Public Works to delta angle of 40°31'56" and a chord tion; and enter into one or more license agree- which bears N 49°21'11" E, a distance Whereas, the City and the District ments with Case Western Reserve of 15.07 feet to a point; wish to renew their lease for the University, to facilitate pedestrian Roxboro Middle School’s recreation- crossing and traffic safety improve- Course No. 4: al playing fields for a 99-year term ments and to make utility connec- Thence N 88°39'42" E, a distance of at $1.00 per year and The Board of tions to the Nord Family Greenway 13.25 feet to its intersection with the Directors of The Cleveland Founda- project at or under certain city park northerly extension of the easterly tion has approved the request; and drives in Wade Park. line of said East Boulevard; Whereas, this ordinance consti- Whereas, this ordinance consti- tutes an emergency measure provid- tutes an emergency measure provid- Course No. 5: ing for the usual daily operation of ing for the usual daily operation of Thence S 00°48'52" W, along said a municipal department; now, there- a municipal department; now, there- northerly extension of the easterly fore, fore, line of East Boulevard and the Be it ordained by the Council of Be it ordained by the Council of easterly line of East Boulevard the City of Cleveland: the City of Cleveland: (passing through at 14.56 feet, the Section 1. That, notwithstanding Section 1. That the Director of southerly line of Bellflower Road) a Section 183.03 or any other provision Public Works is authorized to enter distance of 30.55 feet to a point; of the Codified Ordinances of Cleve- into one or more license agreements Thence along said easterly line of land, Ohio, 1976, to the contrary, the with Case Western Reserve Univer- East Boulevard by the following Director of Public Works is autho- sity (“CWRU”) to allow CRWU to seven (7) courses and distances: rized to renew the Lease with the facilitate improved pedestrian cross- District for property known as 2470 ings and traffic safety and to make Course No. 6: West St. James Parkway adjacent to utility connections to the Nord Fam- Thence S 01°19'40" W, a distance of the Roxboro Middle School for recre- ily Greenway project at and under 50.36 feet to a point; ational purposes (“Renewal”), as is city park drives in Wade Park, in more fully described as follows: the areas of East Boulevard and Course No. 7: Legal Description for Portion of Martin Luther King Jr. Drive, across Thence S 00°21'53" E, a distance of PPN 685-35-001 portions of PPN 120-36-001. CWRU is 48.61 feet to a point; Lease to Cleveland Heights- requesting access for the installa- University Heights City School tion and connection of underground Course No. 8: District for Roxboro Middle School utilities, including electric, telecom- Thence S 02°00'53" E, a distance of Recreation Fields munications, water, storm / sanitary 50.10 feet to a point; The following described portions of lines and outlets; the installation of the lands conveyed by said deed curbs, paving, and striping pertain- Course No. 9: recorded in Volume 660, page 288, of ing to the enhanced crossings; and Thence S 03°57'30" E, a distance of Cuyahoga County Deed Records, the installation of traffic related 50.02 feet to a point; 900 May 24, 2017 The City Record 9

Course No. 10: further bounded and described as Thence along said westerly line of Thence S 05°13'06" E, a distance of follows: Parcel A, and the westerly lines of 50.00 feet to a point; Beginning at the southeasterly said 1.3713 acre parcel subleased to corner of a 1.3713 acre parcel of land Case Western Reserve University by Course No. 11: subleased to Case Western Reserve the following three (3) courses and Thence S 06°56'13" E, a distance of University from The Cleveland distances: 50.01 feet to a point; Museum of Art, said southeasterly corner also being the principal point of Course No. 12: Course No. 12: beginning of the area herein intended Thence along the arc of a curve Thence S 09°27'10" E, a distance of to be described; deflecting to the left, 340.09 feet, said 5.71 feet to its intersection with a curve having a radius of 731.12 feet, a southerly Limit of Work Line (Phase Course No. 1: delta angle of 26°39'08", and a chord 1); Thence S 67°27'00" E, along a which bears S 49°14'45" E, a distance Thence along said southerly Limit southerly line of Parcel B leased to of 337.04 feet to a point; of Work Line by the following two (2) The Cleveland Museum of Art, a courses and distances: distance of 46.23 feet to an angle point Course No. 13: therein; Thence S 62°34'19" E, a distance of Course No. 13: 37.93 feet to a point; Thence S 81°22'57" W, a distance of Course No. 2: 72.76 feet to a point; Thence S 61°14'57" E, continuing Course No. 14: along said southerly line of said Thence S 67°27'00" E, a distance of Course No. 14: Parcel B, a distance of 16.58 feet to its 60.57 feet to the principal point of Thence S 25°58'05" W, a distance of intersection with an easterly Limit of beginning and containing 0.5447 acres 20.57 feet to a point on the easterly line Work Line (Phase 1) for The Nord of land (23,726 sq. ft.) as calculated of a sublease area to Case Western Family Greenway Project; and described by John E. Jansky, Reserve University from within Registered Surveyor No. 6440 of Parcel “B” leased to The Cleveland Course No. 3: Garrett and Associates in January Museum of Art; Thence S 70°52'29" W, along said 2017. Thence along said easterly line of easterly Limit of Work Line, a Bearings are of an assumed the sublease area by the following distance of 68.48 feet to an angle point meridian and are to indicate angles three (3) courses and distances: therein; only. Legal descriptions approved by Course No. 15: Course No. 4: Greg Esber, Section Chief, Plants, Thence N 07°08'57" W, a distance of Thence S 21°37'21" W, continuing Surveys and House Numbering Section 13.83 feet to a point; along said easterly Limit of Work Section 2. That the term of the Line, a distance of 10.56 feet to its license agreement shall be Course No. 16: intersection with the southeasterly automatically renewed from year to Thence N 05°22'46" W, a distance of extension of an easterly line of Parcel year unless terminated by either 102.74 feet to a point; C, leased to Case Western Reserve party. That the license shall be at no University; cost to CWRU and that the Thence along the said southeasterly Course No. 17: improvements shall be made at no cost extension and the easterly lines of Thence N 04°10'26" W, a distance of to the City. said Parcel C by the following four (4) 82.50 feet to a point on the southerly Section 3. That the license courses and distances: line of said Parcel “A” conveyed to The agreement shall be prepared by the Cleveland Museum of Art; Director of Law. Course No. 5: Thence along the southerly and Section 4. That the Director of Thence N 67°27'15" W, a distance of Public Works and the Director of Law, easterly lines of Said Parcel “A” 95.24 feet to a point; and other appropriate City officials, conveyed to the Cleveland Museum of are authorized to execute such other Art by the following three (3) courses Course No. 6: documents and certificates, and take and distances: Thence N 62°34'19" W, a distance of such other action as may be necessary 20.00 feet to a point; or appropriate to effect the license Course No. 18: agreement authorized by this Thence N 81°40'22" E, a distance of Course No. 7: ordinance. 4.95 feet to a point of curve; Thence N 27°46'04" E, a distance of Section 5. That this ordinance is 15.64 feet to a point; declared to be an emergency measure Course No. 19: and, provided it receives the Thence along the arc of a curve Course No. 8: affirmative vote of two-thirds of all deflecting to the right, 19.27 feet, said Thence along the arc of a curve the members elected to Council, it curve having a radius of 11.56 feet, a deflecting to the right, 177.26 feet, said shall take effect and be in force delta angle of 95°30'34" and a chord curve having a radius of 775.12 feet, a immediately upon its passage and which bears S 50°34'21" E, a distance delta angle of 13°06'11", and a chord approval by the Mayor; otherwise it of 17.12 feet to a point; which bears N 56°01'38" W, a distance shall take effect and be in force from of 176.88 feet to a point; and after the earliest period allowed Course No. 20: by law. Thence along the arc of a curve Course No. 9: Referred to Directors of Public deflecting to the right, 52.98 feet, said Thence along the arc of a curve Works, City Planning Commission, curve having a radius of 1831.00 feet, a deflecting to the right, 77.31 feet, said Finance, Law; Committees in delta angle of 01°39'28" and a chord curve having a radius of 775.12 feet, a Municipal Services and Properties, which bears N 01°59'23" W, a distance delta angle of 5°42'53", and a chord Development Planning and of 52.98 feet to the principal point of which bears N 46°37'07" W, a distance Sustainability, Finance. beginning and containing 0.5720 acres of 77.27 feet to a point on said easterly of land (24,917 sq. ft.) as calculated line of Parcel C; Ord. No. 652-17. and described by John E. Jansky, By Council Members Griffin, K. Registered Surveyor Number 6440 of Course No. 10: Johnson, Brancatelli and Kelley (by Garrett & Associates, Inc., in January, Thence along said easterly line of departmental request). 2017, be the same or less, but subjected Parcel C, along the arc of a curve An emergency ordinance authoriz- to all legal highways. deflecting to the right, 129.06 feet, said ing the Director of Public Works to Bearings used herein are based on curve having a radius of 775.12 feet, a execute various deeds of easement assumed meridian and are used to delta angle of 9°32'24", and a chord and various temporary deeds of indicate angles only. which bears N 38°59'29" W, a distance easement granting to the Northeast of 128.91 feet to its intersection with a Ohio Regional Sewer District certain LEGAL DESCRIPTION OF A northerly Limit of Work Line (Phase easement rights in property located GENERAL LICENSE AREA 1) for said Nord Family Greenway in Ambler Park for its Doan Valley ENCOMPASSING AN AREA WITHIN Project; tunnel project and declaring the MARTIN LUTHER KING JR. DRIVE easement rights not needed for the CITY OF CLEVELAND - Course No. 11: City’s public use. CUYAHOGA COUNTY, OHIO Thence N 81°50'04" E, along said Whereas, the Northeast Ohio Situated in the City of Cleveland, northerly Limit of Work Line, a Regional Sewer District ( County of Cuyahoga and State of Ohio, distance of 49.34 feet a point on a “NEORSD”) has requested the Direc- and known as being part of Original westerly line Parcel A, leased to The tor of Public Works to convey cer- One Hundred Acre Lot No. 402, and Cleveland Museum of Art; tain easement rights and temporary 901 10 The City Record May 24, 2017 easement rights across portions of Page 301 and Volume 616, Page 480 of Thence, along the arc of a curve Permanent Parcel No. 121-28-001, the Cuyahoga County Records, being which deflects to the left, 18.30 feet, known as Ambler Park (“Ambler more definitely described as follows; said curve having a radius of 187.50 Park”) for their Doan Valley tunnel Commencing at a 1" iron pin feet, a central angle of 5° 35' 34", and project; and monument found at the intersection of a chord of 18.29 feet which bears South Whereas, this ordinance consti- the centerline of Stokes Boulevard 21° 44' 31" West; tutes an emergency measure provid- (width varies) and the centerline of Thence South 18° 56' 44" West, 48.21 ing for the usual daily operation of Baldwin Road (vacated) feet; a municipal department; now, there- Thence, along the centerline of Thence, along the arc of a curve fore, Stokes Boulevard, North 42° 31' 54" which deflects to the left, 7.83 feet, Be it ordained by the Council of West, 295.09 feet; said curve having a radius of 35.00 the City of Cleveland: Thence, leaving said centerline of feet, a central angle of 12° 48' 53", and Section 1. That, notwithstanding Stokes Boulevard, North 47° 28' 06" a chord of 7.81 feet which bears South and as an exception to the provi- East, 50.00 feet to the northerly right 12° 32' 17" West; sions of Chapters 181 and 183 of the of way of Stokes Boulevard and the Thence South 06° 07' 51" West, 12.45 Codified Ordinances of Cleveland, True Point of Beginning for the feet; Ohio, 1976, it is found and deter- easement herein described; Thence, along the arc of a curve mined that easement interests in the Thence North 60° 09' 37" East, 5.23 which deflects to the right, 18.10 feet, following described properties are feet; said curve having a radius of 25.00 not needed for the City’s public use: Thence North 47° 36' 14" East, 28.69 feet, a central angle of 41° 28' 23", and feet; a chord of 17.70 feet which bears South Permanent Subterranean Thence, along the arc of a curve 26° 52' 03" West; Easement DVT-P22 which deflects to the left, 17.51 feet, Thence South 47° 36' 14" West, 23.60 Across Parcel No. 121-28-001 said curve having a radius of 35.00 feet; 0.3377 Acre (14,710 square feet) feet, a central angle of 28° 39' 30", and Thence South 35° 10' 28" West, 5.33 Situated in the City of Cleveland, a chord of 17.32 feet which bears North feet; County of Cuyahoga and State of Ohio, 33° 16' 29" East; Thence North 42° 31' 54" West, 36.28 and known as being part of Original Thence North 18° 56' 44" East, 48.25 feet to the point of beginning. 100 Acre Lot No. 411. Also being part of feet; Containing within said bounds of the land conveyed to the City of Thence, along the arc of a curve land 1.1525 acre of land (50,201 square Cleveland as recorded in Volume 605, which deflects to the right, 20.45 feet, feet) as surveyed by KS Associates, Page 301 and Volume 616, Page 480 of said curve having a radius of 209.50 Inc. under the supervision of Trevor A. the Cuyahoga County Records, being feet, a central angle of 5° 35' 34", and Bixler, Professional Surveyor No. 7730 more definitely described as follows; a chord of 20.44 feet which bears North in January, 2016. Bearings are based Commencing at the intersection of 21° 44' 31" East; on Ohio State Plane, North Zone the centerline of Murray Hill Road (60 Thence North 24° 32' 18" East, 54.03 NAD83(2011) Grid North. Elevations feet wide) and the centerline of Cedar feet; are based on the NAVD88 vertical Avenue (width varies); Thence, along the arc of a curve datum. Thence, along the centerline of which deflects to the right, 166.87 feet, Cedar Avenue, North 82° 49' 57" West, said curve having a radius of 200.00 Permanent Subterranean 545.66 feet; feet, a central angle of 47° 48' 22", and Easement DVT-P24 Thence, leaving the centerline of a chord of 162.08 feet which bears Across Parcel No. 121-28-001 Cedar Avenue, South 07° 10' 03" West, North 48° 26' 29" East; 0.0741 Acre (3,228 square feet) 70.50 feet to the southerly right of way Thence North 72° 20' 40" East, 23.75 Situated in the City of Cleveland, of Cedar Avenue and the easterly line feet; County of Cuyahoga and State of Ohio, of land conveyed to GCRTA as Thence North 61° 17' 37" East, 16.38 and known as being part of Original recorded in Volume 13869, Page 547 of feet; 100 Acre Lot No. 411. Also being part of the Cuyahoga County Records; Thence North 72° 20' 40" East, 83.50 the land conveyed to the City of Thence, along GCRTA’s easterly feet; Cleveland as recorded in Volume 605, line, South 28° 55' 18" West, 167.92 feet Thence South 69° 07' 59" East, 25.00 Page 301 and Volume 616, Page 480 of to the northerly line of said land feet; the Cuyahoga County Records, being conveyed to the City of Cleveland; Thence South 20° 52' 01" West, 96.53 more definitely described as follows; Thence, along the northerly line of feet; Commencing at a 1" iron pin said land conveyed to the City of Thence South 57° 40' 20" East, 72.80 monument found at the intersection of Cleveland, South 22° 34' 20" East, 2.06 feet; the centerline of Stokes Boulevard feet to the True Point of Beginning for Thence South 33°00' 22" West, 73.86 (width varies) and the centerline of the easement herein described; feet; Baldwin Road (vacated) Thence, continuing along the Thence South 57° 00' 00" East, 66.13 Thence, along the centerline of northerly line of said land conveyed to feet; Stokes Boulevard, North 42° 31' 54" the City of Cleveland, South 22° 34' 20" Thence South 32° 54' 51" West, 66.93 West, 544.93 feet; East, 36.36 feet; feet; Thence, leaving said centerline of Thence, leaving the northerly line Thence South 57° 05' 09" East, 48.85 Stokes Boulevard, North 47° 28' 06" of said land conveyed to the City of feet; East, 50.00 feet to the northerly right Cleveland, South 20° 52' 01" West, Thence South 33° 50' 00" West, 75.00 of way of Stokes Boulevard at the 575.20 feet; feet; southeasterly corner of land conveyed Thence North 69° 07' 59" West, 25.00 Thence North 56° 10' 00" West, to GCRTA as recorded in Volume feet; 160.00 feet; 13869, Page 547 of the Cuyahoga Thence North 20° 52' 01" East, 601.60 Thence North 17° 19' 03" West, 87.27 County Records; feet to the point of beginning. feet; Thence, along GCRTA’s easterly Containing within said bounds of Thence North 44° 56' 36" East, 43.63 line, North 56° 25' 46" East, 182.66 feet; land 0.3377 acre of land (14,710 square feet; Thence, continuing along GCRTA’s feet) and having a lower elevation of Thence North 45° 14' 16" East, 38.31 easterly line, North 47° 16' 21" East, 585.00 and an upper elevation of 675.00 feet; 252.47 feet to the True Point of as surveyed by KS Associates, Inc. Thence North 04° 37' 04" East, 34.22 Beginning for the easement herein under the supervision of Trevor A. feet; described; Bixler, Professional Surveyor No. 7730 Thence North 16° 18' 51" West, 59.33 Thence, continuing along GCRTA’s in January, 2016. Bearings are based feet; easterly line, North 47° 16' 21" East, on Ohio State Plane, North Zone Thence, along the arc of a curve 17.86 feet; NAD83(2011) Grid North. Elevations which deflects to the left, 18.99 feet, Thence, leaving said GCRTA’s are based on the NAVD88 vertical said curve having a radius of 35.00 easterly line, South 16° 18' 51" East, datum. feet, a central angle of 31° 04' 58", and 203.95 feet; a chord of 18.76 feet which bears South Thence South 61° 17' 37" West, 16.38 Permanent Easement DVT-P23 89° 33' 18" West; feet; Across Parcel No. 121-28-001 Thence, along the arc of a curve Thence North 16° 18' 51" West, 1.1525 Acre (50,201 square feet) which deflects to the left, 153.70 feet, 199.52 feet to the point of beginning. Situated in the City of Cleveland, said curve having a radius of 178.00 Containing within said bounds of County of Cuyahoga and State of Ohio, feet, a central angle of 49° 28' 31", and land 0.0741 acre of land (3,228 square and known as being part of Original a chord of 148.97 feet which bears feet) and having a lower elevation of 100 Acre Lot No. 411. Also being part of South 49° 16' 33" West; 606.00 and an upper elevation of 648.00 the land conveyed to the City of Thence South 24° 32' 18" West, 54.03 as surveyed by KS Associates, Inc. Cleveland as recorded in Volume 605, feet; under the supervision of Trevor A. 902 May 24, 2017 The City Record 11

Bixler, Professional Surveyor No. 7730 (width varies) and the centerline of a chord of 162.08 feet which bears in January, 2016. Bearings are based Baldwin Road (vacated) South 48° 26' 29" West; on Ohio State Plane, North Zone Thence, along the centerline of Thence, South 24° 32' 18" West, 54.03 NAD83(2011) Grid North. Elevations Stokes Boulevard, North 42° 31' 54" feet; are based on the NAVD88 vertical West, 544.93 feet; Thence, along the arc of a curve datum. Thence, leaving said centerline of which deflects to the left, 20.45 feet, Stokes Boulevard, North 47° 28' 06" said curve having a radius of 209.50 Permanent Subterranean East, 50.00 feet to the northerly right feet, a central angle of 05° 35' 34", and Easement DVT-P25 of way of Stokes Boulevard at the a chord of 20.44 feet which bears South Across Parcel No. 121-28-001 southeasterly corner of land conveyed 21° 44' 31" West; 0.1366 Acre (5,950 square feet) to GCRTA as recorded in Volume Thence, South 18° 56' 44" West, 48.25 Situated in the City of Cleveland, 13869, Page 547 of the Cuyahoga feet; County of Cuyahoga and State of Ohio, County Records and the True Point of Thence, along the arc of a curve and known as being part of Original Beginning for the easement herein which deflects to the right, 17.51 feet, 100 Acre Lot No. 411. Also being part of described; said curve having a radius of 35.00 the land conveyed to the City of Thence, along GCRTA’s easterly feet, a central angle of 28° 39' 30", and Cleveland as recorded in Volume 605, line, North 56° 25' 46" East, 182.66 feet; a chord of 17.32 feet which bears South Page 301 and Volume 616, Page 480 of Thence, continuing along GCRTA’s 33° 16' 29" West; the Cuyahoga County Records, being easterly line, North 47° 16' 21" East, Thence, South 47° 36' 14" West, 28.69 more definitely described as follows; 312.14 feet; feet; Commencing at a 1" iron pin Thence, continuing along GCRTA’s Thence, South 60° 09' 37" West, 5.23 monument found at the intersection of easterly line, along the arc of a curve feet to the northerly right of way of the centerline of Stokes Boulevard which deflects to the left, 190.16 feet, Stokes Boulevard; (width varies) and the centerline of said curve having a radius of 1452.69 Thence, along said northerly right Baldwin Road (vacated) feet, a central angle of 7° 30' 00", and of way, North 42° 31' 54" West, 249.84 Thence, along the centerline of a chord of 190.02 feet which bears feet to the point of beginning. Stokes Boulevard, North 42° 31' 54" North 43° 31' 21" East; Containing within said bounds of West, 9.55 feet; Thence, continuing along GCRTA’s land 5.5693 acres of land (242,600 Thence, leaving said centerline of easterly line, South 50° 13' 39" East, square feet) as surveyed by KS Stokes Boulevard, North 47° 28' 06" 30.00 feet; Associates, Inc. under the supervision East, 50.00 feet to the northerly right Thence, leaving said GCRTA’s of Trevor A. Bixler, Professional of way of Stokes Boulevard and the easterly line, North 87° 00' 26" East, Surveyor No. 7730 in January, 2016. True Point of Beginning for the 35.32 feet; Bearings are based on Ohio State easement herein described; Thence South 47° 13' 45" East, 38.80 Plane, North Zone NAD83(2011) Grid Thence, along the arc of a curve feet; North. which deflects to the left, 137.73 feet, Thence, South 44° 44' 03" East, 27.59 said curve having a radius of 751.72 feet; Temporary Easement DVT-T01.2 feet, a central angle of 10° 29' 53", and Thence, South 43° 42' 54" East, 26.11 Across Parcel No. 121-28-001 a chord of 137.54 feet which bears feet; 0.9223 Acres (40,177 square feet) North 20° 59' 52" East; Thence, South 40° 25' 12" East, 47.11 Situated in the City of Cleveland, Thence North 15° 30' 30" East, 60.83 feet; County of Cuyahoga and State of Ohio, feet; Thence, South 38° 19' 37" East, 36.73 and known as being part of Original Thence South 56° 10' 00" East, 50.23 feet; 100 Acre Lot No. 411. Also being part of feet; Thence, South 36° 38' 22" East, 65.55 the land conveyed to the City of Thence South 32° 52' 18" West, 96.07 feet; Cleveland as recorded in Volume 605, feet; Thence, along the arc of a curve Page 301 and Volume 616, Page 480 of Thence South 57° 58' 21" East, 8.56 which deflects to the right, 83.52 feet, the Cuyahoga County Records, being feet; said curve having a radius of 426.57 more definitely described as follows; Thence South 25° 53' 22" West, feet, a central angle of 11° 13' 07", and Commencing at a 1" iron pin 103.11 feet to the northerly right of a chord of 83.39 feet which bears South monument found at the intersection of way of Stokes Boulevard; 31° 33' 18" East; the centerline of Stokes Boulevard Thence, along said northerly right Thence, South 23° 31' 14" East, 9.32 (width varies) and the centerline of of way, North 42° 31' 54" West, 25.69 feet; Baldwin Road (vacated) feet to the point of beginning. Thence, South 59° 13' 12" West, Thence, along the centerline of Containing within said bounds of 175.91 feet; Stokes Boulevard, North 42° 31' 54" land 0.1366 acre of land (5,950 square Thence, South 34° 07' 12" East, 64.24 West, 258.81 feet; feet as surveyed by KS Associates, feet; Thence, leaving said centerline of Inc. under the supervision of Trevor A. Thence, South 07° 50' 04" East, Stokes Boulevard, North 47° 28' 06" Bixler, Professional Surveyor No. 7730 125.34 feet; East, 50.00 feet to the northerly right in January, 2016. Bearings are based Thence, South 22° 44' 00" East, of way of Stokes Boulevard and the on Ohio State Plane, North Zone 169.01 feet; True Point of Beginning for the NAD83(2011) Grid North. Elevations Thence, South 32° 55' 25" West, easement herein described; are based on the NAVD88 vertical 121.21 feet; Thence, leaving said northerly right datum. Thence, North 61° 51' 07" West, of way, North 35° 10' 28" East, 5.33 Legal Descriptions approved by 183.27 feet; feet; Greg Esber, Section Chief, Plats, Thence, North 33° 50' 00" East, 75.00 Thence, North 47° 36' 14" East, 23.60 Surveys and House Numbering Section feet; feet; Section 2. That, notwithstanding Thence, North 57° 05' 09" West, 48.85 Thence, along the arc of a curve and as an exception to the provisions feet; which deflects to the left, 18.10 feet, of Chapters 181 and 183 of the Codified Thence, North 32° 54' 51" East, 66.93 said curve having a radius of 25.00 Ordinances of Cleveland, Ohio, 1976, it feet; feet, a central angle of 41° 28' 23", and is found and determined that Thence, North 57° 00' 00" West, 66.13 a chord of 17.70 feet which bears North temporary easement interests in the feet; 26° 52' 03" East; following described properties are not Thence, North 33° 00' 22" East, 73.86 Thence, North 06° 07' 51" East, 12.45 needed for the City’s public use: feet; feet; Thence, North 57° 40' 20" West, 72.80 Thence, along the arc of a curve Temporary Easement DVT-TO1.1 feet; which deflects to the right, 7.83 feet, Across Parcel No. 121-28-001 Thence, North 20° 52' 01" East, 96.53 said curve having a radius of 35.00 5.5693 Acres (242,600 square feet) feet; feet, a central angle of 12° 48' 53", and Situated in the City of Cleveland, Thence, North 69° 07' 59" West, 25.00 a chord of 7.81 feet which bears North County of Cuyahoga and State of Ohio, feet; 12° 32' 17" East; and known as being part of Original Thence, South 72° 20' 40" West, 83.50 Thence, North 18° 56' 44" East, 48.21 100 Acre Lot No. 411. Also being part of feet; feet; the land conveyed to the City of Thence, South 61° 17' 37" West, 16.38 Thence, along the arc of a curve Cleveland as recorded in Volume 605, feet; which deflects to the right, 18.30 feet, Page 301 and Volume 616, Page 480 of Thence, South 72° 20' 40" West, 23.75 said curve having a radius of 187.50 the Cuyahoga County Records, being feet; feet, a central angle of 05° 35' 34", and more definitely described as follows; Thence, along the arc of a curve a chord of 18.29 feet which bears North Commencing at a 1" iron pin which deflects to the left, 166.87 feet, 21° 44' 31" East; monument found at the intersection of said curve having a radius of 200.00 Thence, North 24° 32' 18" East, 54.03 the centerline of Stokes Boulevard feet, a central angle of 47° 48' 22", and feet; 903 12 The City Record May 24, 2017

Thence, along the arc of a curve Section 5. That the duration of the Parcel 19-SH which deflects to the right, 153.70 feet, easements described in Section 1 shall CUY-10-16.13 said curve having a radius of 178.00 be perpetual; that the duration of the PERPETUAL EASEMENT feet, a central angle of 49° 28' 31", and temporary easements shall be four Situated in the City of Cleveland, a chord of 148.97 feet which bears years; that the easements and County of Cuyahoga, State of Ohio, North 49° 16' 33" East; temporary easements may include and being a part of Township 7, Range Thence, along the arc of a curve reasonable right of entry rights to the 13, Connecticut Western Reserve, and which deflects to the right, 18.99 feet, City; that the easements and being a part of a 1.9425, 4.7636 and said curve having a radius of 35.00 temporary easements shall not be 0.3720 acre parcels of land now or feet, a central angle of 31° 04' 58", and assignable without the consent of the formerly owned by the City of a chord of 18.76 feet which bears North Director of Public Works; that the Cleveland, a municipal corporation, as 89° 33' 18" East; easements and temporary easements recorded in A.F.N. Number Thence South 16° 18' 51" East, 59.33 shall require that the NEORSD 201409230510 of the Cuyahoga County feet; provide reasonable insurance, and pay recorder’s records and being more Thence South 04° 37' 04" West, 34.22 any applicable taxes and assessments. particularly described as follows: feet; Section 6. That the conveyances Being a parcel of land lying on the Thence South 45° 14' 16" West, 38.31 referred to above shall be made by left and right side of the centerline of feet; official deeds of easement and official State Route 10 (Carnegie Avenue); Thence South 44° 56' 36" West, 43.63 deeds of temporary easement prepared Commencing at a monument box feet; by the Director of Law and executed with a stone found, said monument Thence North 14° 55' 47" East, 109.02 by the Director of Public Works on box being State Route 10 (Carnegie feet; behalf of the City of Cleveland. The Avenue) centerline of right of way Thence North 04° 51' 56" West, 33.10 deeds of easement and the deeds of station 29+95.40; feet; temporary easement shall contain any Thence North 48 Degrees 42 Minutes Thence, along the arc of a curve additional terms and conditions as are 49 Seconds East along the centerline which deflects to the left, 142.12 feet, required to protect the interest of the of State Route 10 (Carnegie Avenue), said curve having a radius of 168.06 City. The Directors of Public Works a distance of 153.90 feet to the Point of feet, a central angle of 48° 27' 04", and and Law are authorized to execute Beginning, said point being State a chord of 137.92 feet which bears any other documents, including Route 10 (Carnegie Avenue) South 48° 46' 06" West; without limitation, contracts for right centerline of right of way station Thence South 24° 32' 18" West, 54.03 of entry, as may be necessary to effect 31+46.30; this ordinance. feet; Thence North 11 Degrees 23 Minutes Section 7. That this ordinance is 05 Seconds West a distance of 152.00 Thence, along the arc of a curve declared to be an emergency measure feet to a point, said point being 131.77 which deflects to the left, 17.33 feet, and, provided it receives the feet left of State Route 10 (Carnegie said curve having a radius of 177.50 affirmative vote of two-thirds of all Avenue) centerline of right of way feet, a central angle of 5° 35' 34", and the members elected to Council, it station 32+25.07; a chord of 17.32 feet which bears South shall take effect and be in force Thence North 67 Degrees 01 Minutes 21° 44' 31" West; immediately upon its passage and 24 Seconds East a distance of 17.03 feet Thence South 18° 56' 44" West, 82.21 approval by the Mayor; otherwise it to a point on the Grantor’s/Owner’s feet; shall take effect and be in force from east property line also being the west Thence South 43° 20' 08" East, 50.63 and after the earliest period allowed dock line of the , said feet; by law. point being 126.42 feet left of State Thence South 29° 59' 37" East, 110.54 Referred to Directors of Public Route 10 (Carnegie Avenue) feet; Works, City Planning Commission, centerline of right of way station Thence North 20° 13' 31" East, 180.35 Finance, Law; Committees in 32+41.25; feet; Municipal Services and Properties, Thence South 00 Degrees 25 Minutes Thence South 17° 19' 03" East, 25.56 Development Planning and 55 Seconds West along the feet; Sustainability, Finance. Grantor’s/Owner’s east property line Thence South 56° 10' 00" East, 132.77 also being the west dock line of the feet; Ord. No. 653-17. Cuyahoga River, a distance of 8.24 feet Thence South 34° 58' 05" West, By Council Members McCormack, K. to a point, said point being 120.27 feet 141.33 feet; Johnson, Brancatelli and Kelley (by left of State Route 10 (Carnegie Thence South 62° 04' 55" East, 78.77 departmental request). Avenue) centerline of right of way feet; An emergency ordinance authoriz- station 32+35.76; Thence South 24° 23' 12" West, 58.66 ing the Director of Public Works to Thence South 11 Degrees 23 Minutes feet to the northerly right of way of execute a deed of easement and a 05 Seconds East continuing along the Stokes Boulevard; temporary deed of easement granti- Grantor’s/Owner’s east property line Thence, along said northerly right ng to the Ohio Department of Trans- also being the west dock line of the of way, North 66° 21' 40" West, 69.09 portation certain easement rights in Cuyahoga River, a distance of 196.35 feet; property needed to secure the right feet to a point, said point being 49.95 Thence, continuing along said of way necessary for the improve- feet right of State Route 10 (Carnegie northerly right of way, North 42° 31' ment and rehabilitation of the Hope Avenue) centerline of right of way 54" West, 297.76 feet to the point of Memorial Bridge and declaring the station 31+37.88; beginning. easement rights not needed for the Thence South 08 Degrees 59 Minutes Containing within said bounds of City’s public use. 31 Seconds East continuing along the land 0.9223 acres of land (40,177 square Whereas, the Ohio Department of Grantor’s/Owner’s east property line feet) as surveyed by KS Associates, Transportation (“ODOT”) has also being the west dock line of the Inc. under the supervision of Trevor A. requested the Director of Public Cuyahoga River, a distance of 140.05 Bixler, Professional Surveyor No. 7730 Works to convey certain easement feet to a point, said point being 168.33 in January, 2016. Bearings are based rights and temporary easement feet right of State Route 10 (Carnegie on Ohio State Plane, North Zone rights in property needed to secure Avenue) centerline of right of way NAD83(2011) Grid North. the right of way necessary for the station 30+63.06; Legal Descriptions approved by improvement and rehabilitation of Thence South 20 Degrees 07 Minutes Greg Esber, Section Chief, Plats, the Hope Memorial Bridge; and 40 Seconds East continuing along the Surveys and House Numbering Section Whereas, this ordinance consti- Grantor’s/Owner’s east property line Section 3. That by and at the tutes an emergency measure provid- also being the west dock line of the direction of the Board of Control, the ing for the usual daily operation of Cuyahoga River, a distance of 70.47 Commissioner of Purchases and a municipal department; now, there- feet to a point, said point being 234.05 Supplies is authorized to convey the fore, feet right of State Route 10 (Carnegie above-described non-exclusive Be it ordained by the Council of Avenue) centerline of right of way easement interests and the exclusive the City of Cleveland: station 30+37.62; temporary easements to the NEORSD Section 1. That, notwithstanding Thence South 69 Degrees 52 Minutes subject to any conditions stated in this and as an exception to the provi- 20 Seconds West a distance of 15.00 ordinance at an appraised price of sions of Chapters 181 and 183 of the feet to a point, said point being 228.63 $211,000, which is determined to be fair Codified Ordinances of Cleveland, feet right of State Route 10 (Carnegie market value. Ohio, 1976, it is found and deter- Avenue) centerline of right of way Section 4. That the purpose of the mined that a permanent easement station 30+23.63; easements shall be for the interest in the following described Thence North 20 Degrees 07 Minutes implementation of NEORSD’s Doan property is not needed for the City’s 40 Seconds West a distance of 71.39 Valley tunnel project. public use: feet to a point, said point being 162.05 904 May 24, 2017 The City Record 13 feet right of State Route 10 (Carnegie Avenue) centerline of right of way without the consent of the Director of Avenue) centerline of right of way station 30+77.61; Public Works; that the permanent station 30+49.40; Thence North 48 degrees 42 minutes easement and temporary easement Thence North 08 Degrees 59 Minutes 49 seconds East a distance of 94.59 feet shall require that Cuyahoga County or 31 Seconds West a distance of 139.23 to a point, said point being 100.00 feet its contractor provide reasonable feet to a point, said point being 44.36 left of State Route 10 (Carnegie insurance, and pay any applicable feet right of State Route 10 (Carnegie Avenue) centerline of right of way taxes and assessments. Avenue) centerline of right of way station 31+72.20: Section 6. That the conveyances station 31+23.79; Thence North 11 degrees 23 minutes referred to above shall be made by Thence North 11 Degrees 23 Minutes 05 seconds West a distance of 47.74 official deed of easement and official 05 Seconds West a distance of 51.17 feet to a point, said point being 141.39 deed of temporary easement prepared feet to the Point of Beginning, feet left of State Route 10 (Carnegie by the Director of Law and executed containing 0.1424 acres of land, more Avenue) centerline of right of way by the Director of Public Works on or less, of which 0.0001 acres are P.R.O. station 31+96.00; behalf of the City of Cleveland. The (Present Road Occupied), leaving a Thence North 67 Degrees 01 Minutes deed of easement and the deed of net take of 0.1423 acres, subject to all 24 Seconds East a distance of 30.62 feet temporary easement shall contain any highways, easements and use to a point, said point being 131.77 feet additional terms and conditions as are restrictions of record. left of State Route 10 (Carnegie required to protect the interest of the This parcel is part of Cuyahoga Avenue) centerline of right of way City. The Directors of Public Works County Permanent Parcel Numbers station 32+25.07; and Law are authorized to execute 004-27-018, 004-28-009 and 004-28-014. Thence South 11 Degrees 23 Minutes any other documents, including Cuyahoga County Permanent 05 Seconds East a distance of 203.17 without limitation, contracts for right Parcel Number 004-27-018 Net Take feet to a point, said point being 44.36 of entry, as may be necessary to effect 0.0722 acres. feet right of State Route 10 (Carnegie this ordinance. Cuyahoga County Permanent Avenue) centerline of right of way Section 7. That this ordinance is Parcel Number 004-28-009 Net Take station 31+23.79; declared to be an emergency measure 0.0232 acres. Thence South 08 Degrees 59 Minutes and, provided it receives the Cuyahoga County Permanent 31 Seconds East a distance of 65.82 feet affirmative vote of two-thirds of all Parcel Number 004-28-014 Net Take to a point, said point being 100.00 feet the members elected to Council, it 0.0469 acres. right of State Route 10 (Carnegie shall take effect and be in force This description is based on an Avenue) centerline of right of way immediately upon its passage and actual field survey by Richland station 30+88.62; approval by the Mayor; otherwise it Engineering Limited performed in Thence South 48 degrees 42 minutes shall take effect and be in force from 2014 by Richland Engineering 49 seconds West a distance of 174.94 and after the earliest period allowed Limited. All bearings are related to feet to the Point of Beginning by law. grid north of the Ohio State Plane containing 0.7325 acres of land, more Referred to Directors of Public Coordinate System, NAD83(2011), or less, of which 0.0355 acres are P.R.O. Works, City Planning Commission, North Zone originating on the ODOT (Present Road Occupied), leaving a Finance, Law; Committees in CORS NETWORK and are for the net take of 0.6970 acres, subject to all Municipal Services and Properties, purpose of angular measurement. highways, easements and use Development Planning and Stations and offsets are relative to restrictions of record. Sustainability, Finance. the existing centerline of right of way This parcel is part of Cuyahoga of State Route 10 (Carnegie Avenue) County Permanent Parcel Numbers Ord. No. 654-17. as depicted on ODOT Plan CUY-10- 004-27-015, 004-27-018, 004-28-009 and 004- By Council Members Conwell, K. 16.13. 28-014. Net Take is 0.6970 acres. Johnson, Brancatelli and Kelley (by Legal Description approved by Greg This description is based on an departmental request). Esber, Section Chief, Plats, Surveys actual field survey by Richland An emergency ordinance authoriz- and House Numbering Section Engineering Limited performed in ing the Director of Public Works to Section 2. That, notwithstanding 2014 by Richland Engineering enter into a lease agreement with and as an exception to the provisions Limited. All bearings are related to Cory Methodist Church, Inc. for the of Chapters 181 and 183 of the Codified grid north of the Ohio State Plane use of its recreational facility at Ordinances of Cleveland, Ohio, 1976, it Coordinate System, NAD83(2011), 1117 East 105th Street of Cory is found and determined that a North Zone originating on the ODOT Methodist Church, for a period of temporary easement interest located CORS NETWORK and are for the twenty years. across portions of Permanent Parcel purpose of angular measurement. Whereas, the City of Cleveland Nos. 004-27-015, 004-27-018, 004-28-009, Stations and offsets are relative to requires certain space located at and 004-28-014 is not needed for the the existing centerline of right of way 1117 East 105th Street for the public City’s public use: of State Route 10 (Carnegie Avenue) purpose of managing and operating as depicted on ODOT Plan CUY-10- a public recreational facility; and PARCEL 019T 16.13. Whereas, the Cory Methodist CUY-10-16.13 Legal Descriptions approved by Church, Inc. (“Cory”) has proposed TEMPORARY EASEMENT Greg Esber, Section Chief, Plats, to lease the space to the City of Situated in the City of Cleveland, Surveys and House Numbering Section Cleveland; and County of Cuyahoga, State of Ohio, Section 3. That by and at the Whereas, this ordinance consti- and being a part of Township 7, Range direction of the Board of Control, the tutes an emergency measure provid- 13, Connecticut Western Reserve, and Commissioner of Purchases and ing for the usual daily operation of being a part of a 1.9425, 4.7636, 4.1677 Supplies is authorized to convey the a municipal department; now, there- and 0.3720 acre parcels of land now or above-described non-exclusive fore, formerly owned by the City of permanent easement interest and the Be it ordained by the Council of Cleveland, a municipal corporation, as exclusive temporary easement the City of Cleveland: recorded in A.F.N. Number interest to ODOT at the appraised Section 1. That notwithstanding 201409230510 of the Cuyahoga County price of $76,550, which is determined to and as an exception to the provi- recorder’s records and being more be fair market value. sions of Chapters 181 and 183 of the particularly described as follows: Section 4. That the purpose of the Codified Ordinances of Cleveland, Being a parcel of land lying on the easement shall be to secure the right- Ohio, 1976, the Director of Public left and right side of the centerline of of-way necessary for the improvement Works is authorized to lease the State Route 10 (Carnegie Avenue); and rehabilitation of the Hope facility for public recreational pur- Beginning at a point on the Memorial Bridge. poses from Cory located at 1117 East Grantor’s/Owner’s west property line Section 5. That the duration of the 105th Street, Cleveland, Ohio. also being the east right of way line of easement described in Section 1 shall Section 2. That the term of the lease Scranton Road, said point being 100.00 be perpetual; that the duration of the authorized by this ordinance shall not feet right of State Route 10 (Carnegie temporary easement shall be until the exceed twenty years. Avenue) centerline of right of way improvement and rehabilitation of the Section 3. That the rent for the lease station 29+13.68; Hope Memorial Bridge is completed authorized by this ordinance shall not Thence North 01 degrees 56 minutes which is approximately two years exceed $1.00 per year and other 52 seconds West along the from commencement of construction; valuable consideration, exclusive of Grantor’s/Owner’s west property line that the permanent easement and utilities. also being the east right of way line of temporary easement may include Section 4. That the lease may Scranton Road, a distance of 258.59 reasonable right of entry rights to the authorize the City to make feet to a point, said point being 100.00 City; that the easement and temporary improvements to the leased premises feet left of State Route 10 (Carnegie easement shall not be assignable under terms to be determined by the 905 14 The City Record May 24, 2017 parties to be consistent with the public 437.27, 437.28, and 437.99, to read as two (2) headlights with at least one purpose or purposes of providing a follows: (1) near each side of the front of the public recreation facility. motor vehicle or trackless trolley. Section 5. That the lease may Section 437.01 Unsafe Vehicles (2) Every motorcycle shall be provide for the City’s payment of (a) No person shall drive or move, or equipped with at least one (1) and not appropriate utility and other cause or knowingly permit to be more than two (2) headlights. operating costs of the leased premises. driven or moved, on any highway any (b) Whoever violates this section is Section 6. That the lease shall be vehicle or combination of vehicles guilty of a minor misdemeanor. prepared by the Director of Law and which is in such unsafe condition as to (RC 4513.04) shall contain any terms and conditions endanger any person. as are required to protect the interests (b) This chapter, with respect to Section 437.04 Tail Light; of the City. equipment on vehicles, does not apply Illumination of Rear License Plate Section 7. That the Director of to implements of husbandry, road (a) (1) Every motor vehicle, Public Works, the Director of Law, machinery, road rollers, or trackless trolley, trailer, semitrailer, and other appropriate City officials agricultural tractors except as made pole trailer or vehicle which is being are authorized to execute any other applicable to such articles of drawn at the end of a train of vehicles documents and certificates, and take machinery. shall be equipped with at least one (1) any other actions which may be (c) Whoever violates this section is tail light mounted on the rear which, necessary or appropriate to effect the guilty of a minor misdemeanor. when lighted, shall emit a red light lease authorized by this ordinance. (RC 4513.02(A), (G) & (H)) visible from a distance of five hundred Section 8. That this ordinance is (500) feet to the rear, provided that in declared to be an emergency measure Section 437.02 Time for Lighted the case of a train of vehicles only the and, provided it receives the Lights on Motor Vehicles tail light on the rear-most vehicle need affirmative vote of two-thirds of all (a) Every vehicle, other than a be visible from the distance specified. the members elected to Council, it motorized bicycle, operated upon a (2) Either a tail light or a separate shall take effect and be in force street or highway within this state light shall be so constructed and immediately upon its passage and shall display lighted lights and placed as to illuminate with a white approval by the Mayor; otherwise it illuminating devices as required by light the rear registration plate, when shall take effect and be in force from Sections 437.03 to 437.17 during all of such registration plate is required, and after the earliest period allowed the following times: and render it legible from a distance by law. (1) The time from sunset to sunrise; of fifty (50) feet to the rear. Any tail Referred to Directors of Public (2) At any other time when, due to light, together with any separate light Works, City Planning Commission, insufficient natural light or for illuminating the rear registration Finance, Law; Committees in unfavorable atmospheric conditions, plate, shall be so wired as to be lighted Municipal Services and Properties, persons, vehicles, and substantial whenever the headlights or auxiliary Development Planning and objects on the highway are not driving lights are lighted, except Sustainability, Finance. discernible at a distance of one where separate lighting systems are thousand (1,000) feet ahead; provided for trailers for the purpose of Ord. No. 655-17. (3) At any time when the windshield illuminating such registration plate. By Council Member Kelley. wipers of the vehicle are in use (b) Whoever violates this section is An emergency ordinance to repeal because of precipitation on the guilty of a minor misdemeanor. various sections of Chapter 437 of (RC 4513.05) windshield. the Codified Ordinances of Cleve- Every motorized bicycle shall land, Ohio, 1976 as amended by var- Section 437.05 Rear Red Reflectors display at such times lighted lights ious ordinances; and to supplement (a) (1) Every new motor vehicle meeting the rules adopted by the Ohio the codified ordinances by enacting sold after September 6, 1941, and director of public safety under RC new Sections 437.01 through 437.06, operated on a highway, other than a 4511.521. No motor vehicle, during any 437.10 through 437.14, 437.16 through commercial tractor to which a trailer time specified in this section, shall be 437.19, 437.21, 437.22, 437.24, 437.26, or semitrailer is attached, shall carry through 437.28, and 437.99 as amend- operated upon a street or highway at the rear, either as a part of the tail ed by various ordinances, relating within this state using only parking lamps or separately, two (2) red vehicle safety and equipment. lights as illumination. reflectors meeting the requirements of Whereas, this ordinance consti- Whenever in such sections a this section, except that vehicles of the tutes an emergency measure provid- requirement is declared as to the type mentioned in Section 437.06 shall ing for the usual daily operation of distance from which certain lamps be equipped with reflectors as a municipal department; now, there- and devices shall render objects required by the regulations provided fore, visible, or within which such lamps or for in that section. Be it ordained by the Council of devices shall be visible, such distance (2) Every such reflector shall be of a the City of Cleveland: shall be measured upon a straight size and characteristics and so Section 1. That the following sec- level unlighted highway under normal maintained as to be visible at night tions of the Codified Ordinances of atmospheric conditions unless a from all distances within three Cleveland, Ohio, 1976: different condition is expressly stated. hundred (300) feet to fifty (50) feet Sections 437.01 and 437.28, as Whenever in such sections a from the vehicle. amended by Ordinance No. 2822-89, requirement is declared as to the (b) Whoever violates this section is passed March 19, 1990 mounted height of lights or devices, it guilty of a minor misdemeanor. Section 437.02, as amended by shall mean from the center of such (RC 4513.06) Ordinance No. 1410-09, passed light or device to the level ground February 8, 2010, upon which the vehicle stands. Section 437.06 Safety Lighting on Sections 437.03 through 437.06, 437.11 (b) Notwithstanding any provision Commercial Vehicles through 437.14, 437.17 and 437.21, as of law to the contrary, no law (a)(1) The Ohio director of public amended by Ordinance No. 1684-76, enforcement officer shall cause the safety shall prescribe and promulgate passed June 29, 1976, operator of a vehicle being operated regulations relating to clearance Sections 437.10, 437.16, 437.18, 437.19, upon a street or highway within this lights, marker lights, reflectors, and and 437.22 as amended by Ordinance state to stop the vehicle solely because stop lights on buses, trackless trolleys, No. 91-96, passed March 18, 1996, the officer observes that a violation of trucks, commercial tractors, trailers, Section 437.24 as amended by division (a)(3) of this section has been semitrailers, and pole trailers, when Ordinance No. 835-03 passed June 10, or is being committed or for the sole operated upon any highway, and such 2003, purpose of issuing a ticket, citation, or vehicles shall be equipped as required Section 437.26 as amended by summons for a violation of that by such regulations, and such Ordinance No. 1452-10, passed division, or causing the arrest of or equipment shall be lighted at all times December 6, 2010, and commencing a prosecution of a person mentioned in Section 437.02, except Section 437.27 as amended by for a violation of that division. that clearance lights and side marker Ordinance 732-08, passed June 9, 2008, (c) Whoever violates this section is lights need not be lighted on a vehicle are repealed. guilty of a minor misdemeanor. when it is operated where there is Section 2. That the Codified (RC 4513.03) sufficient light to reveal any person or Ordinances of Cleveland, Ohio, 1976 substantial object on the street at a are supplemented by enacting new Section 437.03 Headlights on Motor distance of five hundred (500) feet. Sections 437.01, 437.02, 437.03, 437.04, Vehicles and Motorcycles (2) Such equipment shall be in 437.05, 437.06, 437.10, 437.11 437.12, (a) (1) Every motor vehicle, other addition to all other lights specifically 437.13, 437.14, 437.16, 437.17, 437.18, than a motorcycle, and every trackless required by Sections 437.02 to 437.15. 437.19, 437.21, 437.22, 437.24, 437.26, trolley, shall be equipped with at least Vehicles operated under the 906 May 24, 2017 The City Record 15 jurisdiction of the Ohio Public vehicles specified in division (b) of by the lawful lower beams of Utilities Commission are not subject to this section operating or traveling headlamps. this section. within the limits of the highway. Its (g) Every unit of farm machinery (b) Whoever violates this section is use on slow-moving vehicles being that is designed by its manufacturer to guilty of a minor misdemeanor. transported upon other types of operate at a speed greater than (RC 4513.07) vehicles or on any other type of twenty-five (25) miles per hour shall vehicle or stationary object on the display a slow-moving vehicle emblem Section 437.10 Animal-Drawn or highway is prohibited. and a speed identification symbol that Slow-Moving Vehicles; Lamps; (d) (1) No person shall sell, lease, meets the specifications contained in Reflectors and Emblems rent or operate any boat trailer, farm the American Society of Agricultural (a) All vehicles other than bicycles, machinery or other machinery defined Engineers Standard ANSI/ASAE S584 including animal-drawn vehicles and as a slow-moving vehicle in division JAN2005, Agricultural Equipment: vehicles referred to in division (b) of (b) of this section, except those units Speed Identification Symbol (SIS) Section 437.01, not specifically designed to be completely mounted on when the unit is operated upon a street required to be equipped with lamps or a primary power unit, which is or highway, irrespective of the speed other lighting devices by Sections manufactured or assembled on or after at which the unit is operated on the 437.02 to 437.09, shall, at the times April 1, 1966, unless the vehicle is street or highway. The speed specified in Section 437.02, be equipped equipped with a slow-moving vehicle identification symbol shall indicate with at least one (1) lamp displaying a emblem mounting device as specified the maximum speed in miles per hour white light visible from a distance of in division (b) of this section. at which the unit of farm machinery is not less than one thousand (1,000) feet (2) No person shall sell, lease, rent, designed by its manufacturer to to the front of the vehicle and also or operate on a street or highway any operate. The display of the speed shall be equipped with two (2) lamps unit of farm machinery that is identification symbol shall be in displaying red light visible from a designed by its manufacturer to accordance with the standard distance of not less than one thousand operate at a speed greater than prescribed in this division. (1,000) feet to the rear of the vehicle, twenty-five (25) miles per hour unless If an agricultural tractor that is or as an alternative, one (1) lamp the unit displays a slow-moving designed by its manufacturer to displaying a red light visible from a vehicle emblem as specified in operate at a speed greater than distance of not less than one thousand division (b) of this section and a speed twenty-five (25) miles per hour is (1,000) feet to the rear and two (2) red identification symbol that meets the being operated on a street or highway at a speed greater than twenty-five reflectors visible from all distances of specifications contained in the (25) miles per hour and is towing, six hundred (600) feet to one hundred American Society of Agricultural pulling, or otherwise drawing a unit of (100) feet to the rear when illuminated Engineers Standard ANSI/ASAE S584 farm machinery, the unit of farm by the lawful lower beams of JAN2005, Agricultural Equipment: machinery shall display a slow- headlamps. Speed Identification Symbol (SIS). moving vehicle emblem and a speed Lamps and reflectors required by (e) Any boat trailer, farm identification symbol that is the same this section shall meet standards machinery, or other machinery as the speed identification symbol that adopted by the Ohio Director of Public defined as a slow-moving vehicle in is displayed on the agricultural Safety. division (b) of this section, in addition tractor. (b) All boat trailers, farm to the use of the slow-moving vehicle (h) When an agricultural tractor machinery and other machinery, emblem, and any unit of farm that is designed by its manufacturer to including all road construction machinery that is designed by its operate at a speed greater than machinery, upon a street or highway, manufacturer to operate at a speed twenty-five (25) miles per hour is except when being used in actual greater than twenty-five (25) miles being operated on a street or highway construction and maintenance work in per hour, in addition to the display of a at a speed greater than twenty-five an area guarded by a flagperson, or speed identification symbol, may be (25) miles per hour, the operator shall where flares are used, or when equipped with a red flashing light that possess some documentation operating or traveling within the shall be visible from a distance of not published or provided by the limits of a construction area less than one thousand (1,000) feet to manufacturer indicating the designated by the Ohio Director of the rear at all times specified in maximum speed in miles per hour at Transportation, a city or village Section 437.02. When a double-faced which the manufacturer designed the engineer, or the county engineer of the light is used, it shall display amber agricultural tractor to operate. several counties, when the light to the front and red light to the (i) As used in this section, “boat construction area is marked in rear. trailer” means any vehicle designed accordance with requirements of the In addition to the lights described in and used exclusively to transport a Director and the Manual of Uniform this division, farm machinery and boat between a place of storage and a Traffic-Control Devices, as set forth in motor vehicles escorting farm marina, or in and around a marina, RC 4511.09, which is designed for machinery may display a flashing, when drawn or towed on a street or operation at a speed of twenty-five oscillating, or rotating amber light, as highway for a distance of no more (25) miles per hour or less, shall be permitted by Section 437.16, and also than ten (10) miles and at a speed of operated at a speed not exceeding may display simultaneously flashing twenty-five (25) miles per hour or less. twenty-five (25) miles per hour, and turn signals or warning lights, as (j) Whoever violates this section is shall display a triangular slow- permitted by that section. guilty of a minor misdemeanor. moving vehicle (SMV) emblem. The (f) Every animal-drawn vehicle (RC 4513.11) emblem shall be mounted so as to be upon a street or highway shall at all visible from a distance of not less than times be equipped in one of the Section 437.11 Spotlight and five hundred (500) feet to the rear. The following ways: Auxiliary Lights Ohio Director of Public Safety shall (1) With a slow-moving vehicle (a) (1) Any motor vehicle may be adopt standards and specifications for emblem complying with division (b) equipped with not more than one (1) the design and position of mounting of this section; spotlight and every lighted spotlight the SMV emblem. The standards and (2) With alternate reflective shall be so aimed and used upon specifications for SMV emblems material complying with rules approaching another vehicle that no referred to in this section shall adopted under this division; part of the high-intensity portion of correlate with and, so far as possible, (3) With both a slow-moving vehicle the beam will be directed to the left of conform with those approved by the emblem and alternate reflective the prolongation of the extreme left American Society of Agricultural material as specified in this division. side of the vehicle, nor more than one Engineers. The Ohio Director of Public Safety, hundred (100) feet ahead of the A unit of farm machinery that is subject to RC Chapter 119, shall adopt vehicle. designed by its manufacturer to rules establishing standards and (2) Any motor vehicle may be operate at a speed greater than specifications for the position of equipped with not more than three (3) twenty-five (25) miles per hour may be mounting of the alternate reflective auxiliary driving lights mounted on operated on a street or highway at a material authorized by this division, the front of the vehicle. The Ohio speed greater than twenty-five (25) The rules shall permit, as a minimum, Director of Public Safety shall miles per hour provided it is operated the alternate reflective material to be prescribe specifications for auxiliary in accordance with this section. black, gray or silver in color. The driving lights and regulations for As used in this division, “machinery” alternate reflective material shall be their use, and any such lights which does not include any vehicle designed mounted on the animal-drawn vehicle do not conform to said specifications to be drawn by an animal. so as to be visible, at all times and regulations shall not be used. (c) The use of the SMV emblem specified in Section 437.02, from a (b) Whoever violates this section is shall be restricted to animal-drawn distance of not less than five hundred guilty of a minor misdemeanor. vehicles and to the slow-moving (500) feet to the rear when illuminated (RC 4513.12) 907 16 The City Record May 24, 2017

Section 437.12 Cowl, Fender and at any one time when such vehicle is machinery when used on a street or Back-Up Lights upon a highway. highway. (a) (1) Any motor vehicle may be (b) Any lighted light or (f) Whoever violates this section is equipped with side cowl or fender illuminating device upon a motor (RC 4513.17) lights which shall emit a white or vehicle, other than headlights, amber light without glare. spotlights, signal lights or auxiliary Section 437.17 Regulations for (2) Any motor vehicle may be driving lights, that projects a beam of Focus, Aim and Color of Headlights equipped with lights on each side light of an intensity greater than three (a) No person shall use any lights thereof which shall emit a white or hundred (300) candle power shall be mentioned in Sections 437.02 to 437.16, amber light without glare. so directed that no part of the beam upon any motor vehicle, trailer, or (3) Any motor vehicle may be will strike the level of the roadway on semitrailer unless these lights are equipped with back-up lights, either which the vehicle stands at a distance equipped, mounted, and adjusted as to separately or in combination with of more than seventy-five (75) feet focus and aim in accordance with another light. No back-up lights shall from the vehicle. regulations which are prescribed by be continuously lighted when the (c) (1) Flashing lights are the Ohio Director of Public Safety. motor vehicle is in forward motion. prohibited on motor vehicles, except (b) The headlights on any motor (b) Whoever violates this section is as a means for indicating a right or a vehicle shall comply with the guilty of a minor misdemeanor. left turn, or in the presence of a headlamp color requirements (RC 4513.13) vehicular traffic hazard requiring contained in Federal Motor Vehicle unusual care in approaching, or Safety Standard Number 108, 49 C.F.R. Section 437.13 Display of Lighted overtaking or passing. This § 571.108. No person shall operate a Lights prohibition does not apply to motor vehicle in violation of this (a) At all times mentioned in emergency vehicles, road service division. Section 437.02, at least two (2) lighted vehicles servicing or towing a (c) Whoever violates this section is lights shall be displayed, one (1) near disabled vehicle, rural mail delivery guilty of a minor misdemeanor. each side of the front of every motor vehicles, vehicles transporting (RC 4513.19) vehicle and trackless trolley, except schoolchildren as provided in RC when the vehicle or trackless trolley 4513.182, highway maintenance Section 437.18 Motor Vehicle and is parked subject to the regulations vehicles, funeral hearses, funeral Motorcycle Brakes governing lights on parked vehicles or escort vehicles, and similar equipment (a) The following requirements trackless trolleys. The Ohio Director operated by State or local authorities, govern as to brake equipment on of Public Safety shall prescribe and which shall be equipped with and vehicles: promulgate regulations relating to the display, when used on a street or (1) Every trackless trolley and design and use of such lights and such highway for the special purpose motor vehicle, other than a regulations shall be in accordance necessitating those lights, a flashing, motorcycle, when operated upon a with currently recognized standards. oscillating, or rotating amber light, highway shall be equipped with (RC 4513.14) but shall not display a flashing, brakes adequate to control the (b) However, on a motorcycle there oscillating, or rotating light of any movement of and to stop and hold the shall be displayed at least one (1) and other color, nor to vehicles or trackless trolley or motor vehicle, not more than two (2) lighted lights as machinery permitted by Section 437.10 including two (2) separate means of required herein. to have a flashing red light. applying the brakes, each of which (c) Whoever violates this section is (2) When used on a street or means shall be effective to apply the guilty of a minor misdemeanor. highway, farm machinery and brakes to at least two (2) wheels. If vehicles escorting farm machinery these two (2) separate means of Section 437.14 Use of Headlight may be equipped with and display a applying the brakes are connected in Beams flashing, oscillating, or rotating any way, then on those trackless (a) Whenever a motor vehicle is amber light, and the prohibition trolleys or motor vehicles, being operated on a roadway or contained in division (c)(1) of this manufactured or assembled after shoulder adjacent thereto during the section does not apply to such January 1, 1942, they shall be so times specified in Section 437.02, the machinery or vehicles. Farm constructed that failure of any one (1) driver shall use a distribution of light, machinery may also display the lights part of the operating mechanism shall or composite beam, directed high described in Section 437.10. not leave the trackless trolley or motor enough and of sufficient intensity to (d) Except a person operating a vehicle without brakes on at least two reveal persons, vehicles, and public safety vehicle, as defined in RC (2) wheels. substantial objects at a safe distance 4511.01(E), or a school bus, no person (2) Every motorcycle, when in advance of the vehicle, subject to shall operate, move, or park upon, or operated upon a highway shall be the following requirements: permit to stand within the right-of- equipped with at least one (1) (1) Whenever the driver of a vehicle way of any public street or highway adequate brake, which may be approaches an oncoming vehicle, the any vehicle or equipment that is operated by hand or by foot. driver shall use a distribution of light, equipped with and displaying a (3) Every motorized bicycle shall be or composite beam, so aimed that the flashing red or a flashing combination equipped with brakes meeting the glaring rays are not projected into the red and white light, or an oscillating rules adopted by the Ohio Director of eyes of the oncoming driver. or rotating red light, or a combination Public Safety under RC 4511.521. (2) Every new motor vehicle red and white oscillating or rotating (4) When operated upon the registered in this state which has light; and except a public law highways of this state, the following multiple-beam road lighting enforcement officer, or other person vehicles shall be equipped with brakes equipment shall be equipped with a sworn to enforce the criminal and adequate to control the movement of beam indicator, which shall be lighted traffic laws of the state, operating a and to stop and to hold the vehicle, whenever the uppermost distribution public safety vehicle when on duty, no designed to be applied by the driver of of light from the headlights is in use, person shall operate, move, or park the towing motor vehicle from its cab, and shall not otherwise be lighted. upon, or permit to stand within the and also designed and connected so This indicator shall be so designed right-of-way of any street or highway that, in case of a breakaway of the and located that, when lighted, it will any vehicle or equipment that is towed vehicle, the brakes shall be be readily visible without glare to the equipped with, or upon which is automatically applied: driver of the vehicle. mounted, and displaying a flashing A. Except as otherwise provided in (b) Whoever violates this section is blue or a flashing combination blue this section, every trailer or guilty of a minor misdemeanor. and white light, or an oscillating or semitrailer, except a pole trailer, with (RC 4513.15) rotating blue light, or a combination an empty weight of two thousand blue and white oscillating or rotating (2,000) pounds or more, manufactured Section 437.16 Number of Lights; light. or assembled on or after January 1, Limitations on Flashing, Oscillating (e) This section does not prohibit 1942; or Rotating Lights the use of warning lights required by B. Every manufactured home or (a) Whenever a motor vehicle law or the simultaneous flashing of travel trailer with an empty weight of equipped with headlights is also turn signals on disabled vehicles or on two thousand (2,000) pounds or more, equipped with any auxiliary lights or vehicles being operated in manufactured or assembled on or after spotlight or any other light on the unfavorable atmospheric conditions in January 1, 2001. front thereof projecting a beam of an order to enhance their visibility. This (5) Every watercraft trailer with a intensity greater than three hundred section also does not prohibit the gross weight or manufacturer’s gross (300) candle power, not more than a simultaneous flashing of turn signals vehicle weight rating of three total of five (5) of any such lights on or warning lights either on farm thousand (3,000) pounds or more that the front of a vehicle shall be lighted machinery or vehicles escorting farm is manufactured or assembled on or 908 May 24, 2017 The City Record 17 after January 1, 2008, shall have Section 437.19 Horn, Sirens, and electronic device, including an separate brakes equipped with Warning Devices antenna, electronic tolling or other hydraulic surge or electrically (a) Every motor vehicle or trackless transponder, camera, directional operated brakes on two (2) wheels. trolley when operated upon a street navigation device, or other similar (6) In any combination of motor- shall be equipped with a horn which is electronic device located in the front drawn trailers or semitrailers in good working order and capable of windshield if the device meets both of equipped with brakes, means shall be emitting sound audible, under normal the following: provided for applying the rearmost conditions, from a distance of not less A. It does not restrict the vehicle brakes in approximate synchronism than two hundred (200) feet. operator’s sight lines to the road and with the brakes on the towing vehicle, (b) No motor vehicle or trackless highway signs and signals. and developing the required braking trolley shall be equipped with, nor B. It does not conceal the vehicle effort on the rearmost wheels at the shall any person use upon a vehicle, identification number. fastest rate; or means shall be any siren, whistle, or bell. Any vehicle (3) Division (b)(1) of this section provided for applying braking effort may be equipped with a theft alarm does not apply to a person who is first on the rearmost brakes; or both of signal device which shall be so driving a commercial car with an the above means, capable of being arranged that it cannot be used as an electronic device, including an used alternatively, may be employed. ordinary warning signal. Every antenna, electronic tolling or other (7) Every vehicle and combination emergency vehicle shall be equipped transponder, camera, directional of vehicles, except motorcycles and with a siren, whistle, or bell capable of navigation device, or other similar motorized bicycles, and except trailers emitting sound audible under normal electronic device located in the front and semitrailers of a gross weight of conditions from a distance of not less windshield if the device meets both of less than two thousand (2,000) pounds, than five hundred (500) feet and of a the following: and pole trailers, shall be equipped type approved by the Ohio Director of A. It does not restrict the vehicle with parking brakes adequate to hold Public Safety. Such equipment shall operator’s sight lines to the road and the vehicle on any grade on which it is not be used except when such vehicle highway signs and signals. operated, under all conditions of is operated in response to an B. It is mounted not more than six loading, on a surface free from snow, emergency call or is in the immediate (6) inches below the upper edge of the ice or loose material. The parking pursuit of an actual or suspected windshield and is outside the area brakes shall be capable of being violator of the law, in which case the swept by the vehicle’s windshield applied in conformance with the driver of the emergency vehicle shall wipers. foregoing requirements by the driver’s sound the equipment when it is (c) The windshield on every motor muscular effort or by spring action or necessary to warn pedestrians and vehicle, streetcar, and trackless by equivalent means. Their operation other drivers of the approach thereof. trolley shall be equipped with a device may be assisted by the service brakes (c) Whoever violates this section is for cleaning rain, snow, or other or other source of power provided that guilty of a minor misdemeanor. moisture from the windshield. The failure of the service brake actuation (RC 4513.21) device shall be maintained in good system or other power assisting working order and so constructed as to mechanism will not prevent the Section 437.21 Rear-View Mirror be controlled or operated by the parking brakes from being applied in (a) Every motor vehicle, operator of the vehicle, streetcar, or conformance with the foregoing motorcycle, and trackless trolley shall trackless trolley. requirements. The parking brakes be equipped with a mirror so located (d) Whoever violates this section is shall be so designed that when once as to reflect to the operator a view of guilty of a minor misdemeanor. applied they shall remain applied with the highway to the rear of such (RC 4513.24) the required effectiveness despite vehicle, motorcycle or trackless exhaustion of any source of energy or trolley. Operators of vehicles, Section 437.24 Motor Vehicle Stop leakage of any kind. motorcycles, streetcars, and trackless Lights (8) The same brake drums, brake trolleys shall have a clear and (a) (1) Every motor vehicle, trailer, shoes and lining assemblies, brake unobstructed view to the front and to semi-trailer, and pole trailer when shoe anchors, and mechanical brake both sides of their vehicles, operated upon a highway shall be shoe actuation mechanism normally motorcycles, streetcars, or trackless equipped with two (2) or more stop associated with the wheel brake trolleys and shall have a clear view to lights, except that passenger cars assemblies may be used for both the the rear of their vehicles, motorcycles, manufactured or assembled prior to service brakes and the parking streetcars, or trackless trolleys by January 1, 1967, motorcycles, and brakes. If the means of applying the mirror. motor-driven cycles shall be equipped parking brakes and the service brakes (b) Whoever violates this section is with at least one (1) stop light. Stop are connected in any way, they shall guilty of a minor misdemeanor. lights shall be mounted on the rear of be so constructed that failure of any (RC 4513.23) the vehicle, actuated upon application one (1) part shall not leave the vehicle of the service brake, and may be without operative brakes. Section 437.22 Windshield and incorporated with other rear lights. (9) Every trackless trolley, motor Windshield Wipers These stop lights when actuated shall vehicle, or combination of motor- (a) No person shall drive any motor emit a red light visible from a distance drawn vehicles shall be capable at all vehicle on a street or highway in this of five hundred (500) feet to the rear, times and under all conditions of state, other than a motorcycle or provided that in the case of a train of loading of being stopped on a dry, motorized bicycle, that is not equipped vehicles only the stop lights on the smooth, level road free from loose with a windshield. rear-most vehicle need be visible from material, upon application of the (b) (1) No person shall drive any the distance specified. service or foot brake, within the motor vehicle, other than a bus, with (2) These stop lights when actuated following specified distances, or shall any sign, poster, or other shall give a steady warning light to be capable of being decelerated at a nontransparent material upon the the rear of a vehicle or train of sustained rate corresponding to these front windshield, sidewings, side, or vehicles to indicate the intention of distances: rear windows of the vehicle other than the operator to diminish the speed of A. Trackless trolleys, vehicles, or a certificate or other paper required to or stop a vehicle or train of vehicles. combinations of vehicles having be displayed by law, except that there (3) When stop lights are used as brakes on all wheels shall come to a may be in the lower left-hand or right- required by this section, they shall be stop in thirty (30) feet or less from a hand corner of the windshield a sign, constructed or installed so as to speed of twenty (20) miles per hour. poster, or decal not to exceed four (4) provide adequate and reliable B. Vehicles or combinations of inches in height by six (6) inches in illumination and shall conform to the vehicles not having brakes on all width. No sign, poster, or decal shall be appropriate rules and regulations wheels shall come to a stop in forty displayed in the front windshield in established under RC 4513.19. (40) feet or less from a speed of twenty such a manner as to conceal the (4) Historical motor vehicles as (20) miles per hour. vehicle identification number for the defined in RC 4503.181, not originally (10) All brakes shall be maintained motor vehicle when, in accordance manufactured with stop lights, are not in good working order and shall be so with federal law, that number is subject to this section. adjusted as to operate as equally as located inside the vehicle passenger (b) Whoever violates this section is practicable with respect to the wheels compartment and so placed as to be guilty of a minor misdemeanor. on opposite sides of the trackless readable through the vehicle glazing (RC 4513.071) trolley or vehicle. without moving any part of the (RC 4513.20) vehicle. Section 437.26 Child Restraint (b) Whoever violates this section is (2) Division (b)(1) of this section System Usage; Exceptions guilty of a minor misdemeanor. does not apply to a person who is (a) When any child who is in either (RC 4513.99) driving a passenger car with an or both of the following categories is 909 18 The City Record May 24, 2017 being transported in a motor vehicle, inspection of a motor vehicle being those divisions, the offender is guilty other than a taxicab or public safety operated on any street or highway of a misdemeanor of the fourth degree. vehicle as defined in Chapter 401, that may not be used for the purpose of (2) All fines imposed pursuant to is required by the United States determining whether a violation of division (j)(1) of this section shall be Department of Transportation to be division (c) or (d) of this section has forwarded to the State Treasurer for equipped with seat belts at the time of been or is being committed. deposit in the Child Highway Safety manufacture or assembly, the operator (f) The Ohio Director of Public Fund created by RC 4511.81(I). of the motor vehicle shall have the Safety shall adopt such rules as are (RC 4511.81(A) - (H), (K), (L)) child properly secured in accordance necessary to carry out this section. with the manufacturer’s instructions (g) The failure of an operator of a Section 437.27 Occupant Restraining in a child restraint system that meets motor vehicle to secure a child in a Devices federal motor vehicle safety child restraint system, a booster seat, (a) As used in this section: standards: or in an occupant restraining device as (1) “Automobile” means any (1) A child who is less than four (4) required in this section is not commercial tractor, passenger car, years of age; negligence imputable to the child, is commercial car or truck that is (2) A child who weighs less than not admissible as evidence in any civil required to be factory-equipped with forty (40) pounds. action involving the rights of the child an occupant restraining device for the (b) When any child who is in either against any other person allegedly operator or any passenger by or both of the following categories is liable for injuries to the child, is not to regulations adopted by the United being transported in a motor vehicle, be used as a basis for a criminal States Secretary of Transportation other than a taxicab, that is owned, prosecution of the operator of the pursuant to the “National Traffic and leased, or otherwise under the control motor vehicle other than a prosecution Motor Vehicle Safety Act of 1966", 80 of a nursery school or day-care center, for a violation of this section, and is Stat. 719, 15 U.S.C. 1392. the operator of the motor vehicle shall not admissible as evidence in any (2) “Occupant restraining device” have the child properly secured in criminal action involving the operator means a seat safety belt, shoulder belt, accordance with the manufacturer’s of the motor vehicle other than a harness, or other safety device for instructions in a child restraint system prosecution for a violation of this restraining a person who is an that meets federal motor vehicle section. operator of or passenger in an safety standards: (h) This section does not apply automobile and that satisfies the (1) A child who is less than four (4) when an emergency exists that minimum federal vehicle safety years of age; threatens the life of any person standards established by the United (2) A child who weighs less than operating or occupying a motor States Department of Transportation. forty (40) pounds. vehicle that is being used to transport (3) “Passenger” means any person (c) When any child who is less than a child who otherwise would be in an automobile, other than its eight (8) years of age and less than required to be restrained under this operator, who is occupying a seating four feet nine inches (4' 9") in height, position for which an occupant section. This section does not apply to who is not required by division (a) or restraining device is provided. a person operating a motor vehicle (b) of this section to be secured in a (4) “Commercial tractor,” who has an affidavit signed by a child restraint system, is being “passenger car,” and “commercial car” physician licensed to practice in this transported in a motor vehicle, other have the same meanings as in Chapter state under RC Chapter 4731 or a than a taxicab or public safety vehicle 401 of this Traffic Code. chiropractor licensed to practice in as defined in Chapter 401 or a vehicle (5) “Vehicle” and “motor vehicle,” as this state under RC Chapter 4734 that that is regulated under RC 5104.015, used in the definitions of the terms set that is required by the United States states that the child who otherwise forth in division (A)(4) of this section, Department of Transportation to be would be required to be restrained have the same meanings as in Chapter equipped with seat belts at the time of under this section has a physical 401 of this Traffic Code. manufacture or assembly, the operator impairment that makes use of a child (6) “Tort action” means a civil of the motor vehicle shall have the restraint system, booster seat, or an action for damages for injury, death, child properly secured in accordance occupant restraining device or loss to person or property. “Tort with the manufacturer’s instructions impossible or impractical, provided action” includes a product liability on a booster seat that meets federal that the person operating the vehicle claim, as defined in RC 2307.71, and as motor vehicle safety standards. has safely and appropriately asbestos claim, as defined in RC (d) When any child who is at least restrained the child in accordance 2307.91, but does not include a civil eight (8) years of age but not older with any recommendations of the action for damages for breach of than fifteen (15) years of age, and who physician or chiropractor as noted on contract or another agreement is not otherwise required by division the affidavit. between persons. (a), (b), or (c) of this section to be (i) Nothing in this section shall be (b) No person shall do any of the secured in a child restraint system or construed to require any person to following: booster seat, is being transported in a carry with the person the birth (1) Operate an automobile on any motor vehicle, other than a taxicab or certificate of a child to prove the age street or highway unless that person public safety vehicle as defined in of the child, but the production of a is wearing all of the available Chapter 401, that is required by the valid birth certificate for a child elements of a properly adjusted United States Department of showing that the child was not of an occupant restraining device, or Transportation to be equipped with age to which this section applies is a operate a school bus that has an seat belts at the time of manufacture defense against any ticket, citation, or occupant restraining device installed or assembly, the operator of the motor summons issued for violating this for use in its operator’s seat unless vehicle shall have the child properly section. that person is wearing all of the restrained either in accordance with (j) (1) Whoever violates division available elements of the device, as the manufacturer’s instructions in a (a), (b), (c), or (d) of this section shall properly adjusted; child restraint system that meets be punished as follows, provided that (2) Operate an automobile on any federal motor vehicle safety standards the failure of an operator of a motor street or highway unless each or in an occupant restraining device as vehicle to secure more than one (1) passenger in the automobile who is defined in RC 4513.263. child in a child restraint system, subject to the requirement set forth in (e) Notwithstanding any provision booster seat, or occupant restraining division (b)(3) of this section is of law to the contrary, no law device as required by this section that wearing all of the available elements enforcement officer shall cause an occurred at the same time, on the same of a properly adjusted occupant operator of a motor vehicle being day and at the same location is restraining device; operated on any street or highway to deemed to be a single violation of this (3) Occupy, as a passenger, a stop the motor vehicle for the sole section: seating position on the front seat of an purpose of determining whether a A. Except as otherwise provided in automobile being operated on any violation of division (c) or (d) of this division (j)(1)B. of this section, the street or highway unless that person section has been or is being committed offender is guilty of a minor is wearing all of the available or for the sole purpose of issuing a misdemeanor and shall be fined not elements of a properly adjusted ticket, citation, or summons for a less than twenty five dollars ($25.00) occupant restraining device; violation of division (c) or (d) of this nor more than seventy-five dollars (4) Operate a taxicab on any street section or causing the arrest of or ($75.00). or highway unless all factory- commencing a prosecution of a person B. If the offender previously has equipped occupant restraining devices for a violation of division (c) or (d) of been convicted of or pleaded guilty to in the taxicab are maintained in this section, and absent another a violation of division (a), (b),(c) or usable form. violation of law, a law enforcement (d) of this section or of a state law (c) Division (b)(3) of this section officer’s view of the interior or visual that is substantially equivalent any of does not apply to a person who is 910 May 24, 2017 The City Record 19 required by Section 437.26 to be wearing an available occupant (e) (1) No used motor vehicle dealer secured in a child restraint device or restraining device, was not wearing or new motor vehicle dealer, as booster seat. Division (b)(1) of this all of the available elements of such a defined in RC 4517.01, shall sell any section does not apply to a person who device, or was not wearing such a motor vehicle that fails to conform to is an employee of the United States device as properly adjusted, then, the requirements of RC 4513.241 or of Postal Service or of a newspaper home consistent with the Rules of Evidence, any rule adopted under that section. delivery service, during any period in the fact that the occupant was not (2) No manufacturer, remanu - which the person is engaged in the wearing the available occupant facturer, or distributor, as defined in operation of an automobile to deliver restraining device, was not wearing RC 4517.01, shall provide to a motor mail or newspapers to addressees. all of the available elements of such a vehicle dealer licensed under RC Divisions (b)(1) and (b)(3) of this device, or was not wearing such a Chapter 4517 or to any other person, a section do not apply to a person who device as properly adjusted is motor vehicle that fails to conform to has an affidavit signed by a physician admissible in evidence in relation to the requirements of RC 4513.241 or of licensed to practice in this state under any claim for relief in a tort action to any rule adopted under that section. RC Chapter 4731 or a chiropractor the extent that the claim for relief (f) No reflectorized materials shall licensed to practice in this state under satisfies all of the following: be permitted upon or in any front RC Chapter 4734 that states that the A. It seeks to recover damages for windshield, side windows, sidewings, person has a physical impairment that injury or death to the occupant. or rear window. makes use of an occupant restraining B. The defendant in question is the (g) This section does not apply to device impossible or impractical. manufacturer, designer, distributor, or the manufacturer’s tinting or glazing (d) Notwithstanding any provision seller of the passenger car. of motor vehicle windows or of law to the contrary, no law C. The claim for relief against the windshields that is otherwise in enforcement officer shall cause an defendant in question is that the compliance with or permitted by operator of an automobile being injury or death sustained by the Federal Motor Vehicle Safety operated on any street or highway to occupant was enhanced or aggravated Standard No. 205. stop the automobile for the sole by some design defect in the (h) With regard to any side window purpose of determining whether a passenger car or that the passenger behind a driver’s seat or any rear violation of division (b) of this section car was not crashworthy. window other than any window on an has been or is being committed or for (g) (1) Whoever violates division emergency door, this section does not the sole purpose of issuing a ticket, (b)(1) of this section shall be fined apply to any school bus used to citation, or summons for a violation of thirty dollars ($30.00). transport a child with disabilities that nature or causing the arrest of or (2) Whoever violates division pursuant to RC Chapter 3323, whom it commencing a prosecution of a person (b)(3) of this section shall be fined is impossible or impractical to for a violation of that nature, and no twenty dollars ($20.00). transport by regular school bus in the law enforcement officer shall view the (3) Except as otherwise provided in course of regular route transportation interior or visually inspect any this division, whoever violates provided by a school district. As used automobile being operated on any division (b)(4) of this section is guilty in this division, “child with street or highway for the sole purpose of a minor misdemeanor. If the disabilities” has the same meaning as of determining whether a violation of offender previously has been in RC 3323.01. that nature has been or is being convicted of or pleaded guilty to a (i) This section does not apply to committed. violation of division (b)(4) of this any school bus that is to be sold and (e) All fines collected for violations section, whoever violates division operated outside this state. of division (b) of this section shall be (b)(4) of this section is guilty of a (j) (1) This section and the rules forwarded to the Treasurer of State misdemeanor of the third degree. adopted under it do not apply to a for deposit into the state treasury to (RC 4513.263) motor vehicle used by a law the credit of the trauma and enforcement agency under either of emergency medical services fund, in Section 437.28 Using Tinted Glass the following circumstances: accordance with RC 4513.263(E). and Other Vision Obscuring Materials A. The vehicle does not have (f)(1) Subject to division (f)(2) of (a) The Ohio director of public distinctive markings of a law this section, the failure of a person to safety, in accordance with RC Chapter enforcement vehicle but is operated by wear all of the available elements of a 119, shall adopt rules governing the or on behalf of the law enforcement properly adjusted occupant use of tinted glass, and the use of agency in an authorized investigation restraining device in violation of transparent, nontransparent, or other activity requiring that the division (b)(1) or (b)(3) of this translucent, and reflectorized presence and identity of the vehicle section or the failure of a person to materials in or on motor vehicle occupants be undisclosed. ensure that each minor who is a windshields, side windows, sidewings, B. The vehicle primarily is used by passenger of an automobile being and rear windows that prevent a the law enforcement canine unit for operated by that person is wearing all person of normal vision looking into transporting a police dog. of the available elements of a properly the motor vehicle from seeing or (2) As used in this division, “law adjusted occupant restraining device identifying persons or objects inside enforcement agency” means a police in violation of division (b)(2) of this the motor vehicle. department, the office of a sheriff, the section shall not be considered or used (b) The rules adopted under this State Highway Patrol, a county by the trier of fact in a tort action as section may provide for persons who prosecuting attorney, or a federal, evidence of negligence or contributory meet either of the following state, or local governmental body that negligence. But, the trier of fact may qualifications: enforces criminal laws and that has determine based on evidence admitted (1) On November 11, 1994, or the employees who have a statutory consistent with the Ohio Rules of effective date of any rule adopted power of arrest. Evidence that the failure contributed under this section, own a motor (k) (1) Whoever violates division to the harm alleged in the tort action vehicle that does not conform to the (c), (e)(2) or (f) of this section is and may diminish a recovery of requirements of this section or of any guilty of a minor misdemeanor. compensatory damages that rule adopted under this section; (2) Whoever violates division represents non-economic loss, as (2) Establish residency in this state (e)(1) of this section is guilty of a defined in RC 2307.011, in a tort action and are required to register a motor minor misdemeanor if the dealer or that could have been recovered but for vehicle that does not conform to the the dealer’s agent knew of the the plaintiff’s failure to wear all of the requirements of RC 4513.241 or of any nonconformity at the time of sale. available elements of a properly rule adopted under that section. (3) A. Whoever violates division (d) adjusted occupant restraining device. (c) No person shall operate, on any of this section is guilty of a Evidence of that failure shall not be highway or other public or private misdemeanor of the fourth degree, used as a basis for a criminal property open to the public for except that an organization may not prosecution of the person other than a vehicular travel or parking, lease or be convicted unless the act of prosecution for a violation of this rent any motor vehicle that is installation was authorized by the section; and shall not be admissible as registered in this state unless the board of directors, trustees, partners, evidence in a criminal action motor vehicle conforms to the or by a high managerial officer acting involving the person other than a requirements of RC 4513.241 and of on behalf of the organization, and prosecution for a violation of this any applicable rule adopted under that installation was performed by an section. section. employee of the organization acting (2) If, at the time of an accident (d) No person shall install in or on within the scope of the person’s involving a passenger car equipped any motor vehicle any glass or other employment. with occupant restraining devices, material that fails to conform to the B. In addition to any other penalty any occupant of the passenger car who requirements of RC 4513.241 or of any imposed under this section, whoever sustained injury or death was not rule adopted under that section. violates division (d) of this section is 911 20 The City Record May 24, 2017 liable in a civil action to the owner of Whereas, this ordinance consti- bicycle, provided that the motor-driven a motor vehicle on which was installed tutes an emergency measure provid- cycle, motor scooter, or bicycle does the nonconforming glass or material ing for the usual daily operation of not impede the normal flow of for any damages incurred by that a municipal department; now, there- pedestrian traffic. This division does person as a result of the installation of fore, not authorize any person to operate a the nonconforming glass or material, Be it ordained by the Council of vehicle in violation of RC 4511.711, or costs of maintaining the civil action, the City of Cleveland: any substantially equivalent section and attorney fees. Section 1. That the following sec- of these Codified Ordinances. C. In addition to any other penalty tions of the Codified Ordinances of (RC 4511.68) imposed under this section, if the Cleveland, Ohio, 1976: offender previously has been Section 451.03, as amended by Section 451.04 Manner of Parallel convicted of or pleaded guilty to a Ordinance No. 672-12, passed June 4, Parking violation of division (d) of this section 2012, (a) Every vehicle stopped or parked and the offender is a motor vehicle Section 451.04, as amended by upon a roadway where there is an repair operator registered under RC Ordinance No. 70-87, passed March 16, adjacent curb shall be stopped or Chapter 4775 or a motor vehicle dealer 1987, parked with the right-hand wheels of licensed under RC Chapter 4517, Section 451.041, as amended by the vehicle parallel with and not more whoever violates division (d) of this Ordinance No. 91-96 passed March 18, than twelve (12) inches from the right- section is subject to a registration or 1996, hand curb, unless it is impossible to license suspension, as applicable, for Section 451.24, as amended by approach so close to the curb; in this a period of not more than one hundred Ordinance No. 2146-82, passed case the stop shall be made as close to and eighty (180) days. February 7, 1983 and the curb as possible and only for the (L) (1) Every county court judge, Section 451.27, as amended by time necessary to discharge and mayor of a mayor’s court, and clerk of Ordinance No. 1434-A-86, passed receive passengers or to load or a court of record shall keep a full January 26, 1987, unload merchandise. record of every case in which a person are repealed. (b) This section does not apply to is charged with any violation of this Section 2. That the Codified streets or parts thereof where angle section. If a person is convicted of or Ordinances of Cleveland, Ohio, 1976 parking is lawfully permitted. are supplemented by enacting new forfeits bail in relation to a violation However, no angle parking shall be Sections 451.03, 451.04, 451.041, 451.24 of division (d) of this section, the permitted on a State Route unless an and 451.27, to read as follows: county court judge, mayor of a unoccupied roadway width of not less mayor’s court, or clerk, within ten than twenty-five (25) feet is available Section 451.03 Statutory Prohibited days after the conviction or bail for free- moving traffic. Standing or Parking Places forfeiture, shall prepare and (c) (1) A. Except as provided in (a) No person shall stand or park a immediately forward to the motor trackless trolley or vehicle, except division (c)(1)B. of this section, no vehicle repair board and the motor when necessary to avoid conflict with vehicle or trackless trolley shall be vehicle dealers board, an abstract, other traffic or to comply with the stopped or parked on a road or certified by the preparer to be true and provisions of this Traffic Code, or highway with the vehicle or trackless correct, of the court record covering while obeying the directions of a trolley facing in a direction other than the case in which the person was police officer or a traffic-control the direction of travel on that side of convicted or forfeited bail. device, in any of the following places: the road or highway. (2) The motor vehicle repair board (1) On a sidewalk, except as B. The operator of a motorcycle may and the motor vehicle dealers board provided in division (b) of this section; back the motorcycle into an angled each shall keep and maintain all (2) In front of a public or private parking space so that when the abstracts received under this section. driveway; motorcycle is parked it is facing in a Within ten days after receipt of an (3) Within an intersection; direction other than the direction of abstract, each board, respectively, (4) Within ten (10) feet of a fire travel on the side of the road or shall determine whether the person hydrant; highway. named in the abstract is registered or (5) On a crosswalk; (2) The operator of a motorcycle licensed with the board and, if the (6) Within twenty (20) feet of a may back the motorcycle into a person is so registered or licensed, crosswalk at an intersection; parking space that is located on the shall proceed in accordance with RC (7) Within thirty (30) feet of, and side of, and parallel to, a road or 4775.09 or 4517.33, as applicable, and upon the approach to, any flashing highway. The motorcycle may face determine whether the person’s beacon, stop sign, or traffic control any direction when so parked. Not registration or license is to be device; more than two (2) motorcycles at a suspended for a period of not more (8) Between a safety zone and the time shall be parked in a parking than one hundred eighty (180) days. adjacent curb or within thirty (30) space as described in this division (RC 4513.241) feet of points on the curb immediately (c)(2) of this section irrespective of opposite the ends of a safety zone, whether or not the space is metered. Section 437.99 Penalty unless a different length is indicated (d) Notwithstanding any statute or Whoever violates any provision of by a traffic control device; any rule, regulation, resolution, or this chapter 437 for which no penalty (9) Within fifty (50) feet of the ordinance, air compressors, tractors, otherwise is provided in the section nearest rail of a railroad crossing; trucks and other equipment, while violated is guilty of a minor (10) Within twenty (20) feet of a being used in the construction, misdemeanor. driveway entrance to any fire station reconstruction, installation, repair, or Section 3. That this ordinance is and, on the side of the street opposite removal of facilities near, on, over, or declared to be an emergency measure the entrance to any fire station, within under a street or highway, may stop, and, provided it receives the seventy-five (75) feet of the entrance stand, or park where necessary in affirmative vote of two-thirds of all when it is properly posted with signs; order to perform the work, provided a the members elected to Council, it (11) Alongside or opposite any flagperson is on duty or warning signs shall take effect and be in force street excavation or obstruction when or lights are displayed as may be immediately upon its passage and the standing or parking would prescribed by the Ohio Director of approval by the Mayor; otherwise it obstruct traffic; Transportation. shall take effect and be in force from (12) Alongside any vehicle stopped (e) Whoever violates division (a) or and after the earliest period allowed or parked at the edge or curb of a (c) of this section is guilty of a minor by law. street; misdemeanor. Referred to Directors of Public (13) Upon any bridge or elevated (RC 4511.69(A) - (D), (J)(1)) Safety, Finance, Law; Committees on structure upon a highway, or within a Safety, Finance. highway tunnel; Section 451.041 Physically (14) At any place where signs Handicapped Parking Ord. No. 656-17. prohibit stopping; (a) As used in this section: By Council Member Kelley. (15) Within one (1) foot of another (1) “Handicapped person” means An emergency ordinance to repeal parked vehicle; any person who has lost the use of one various sections of Chapter 451 of (16) On the roadway portion of a or both legs or one or both arms, who is the Codified Ordinances of Cleve- freeway, expressway or thruway. blind, deaf, or so severely handicapped land, Ohio, 1976, as amended by var- (b) A person shall be permitted, as to be unable to move without the ious ordinances; and to supplement without charge or restriction, to stand aid of crutches or a wheelchair, or the codified ordinances by enacting or park on a sidewalk a motor-driven whose mobility is restricted by a new Sections 451.03, 451.04, 451.041, cycle or motor scooter that has an permanent cardiovascular, 452.24 and 451.27 relating to parking engine not larger than one hundred pulmonary, or other handicapping generally. fifty (150) cubic centimeters, or a condition. 912 May 24, 2017 The City Record 21

(2) “Person with a disability that motor vehicles. If the motor vehicle is supplied by the applicant to the City limits or impairs the ability to walk” a leased vehicle, it shall not be and shall be used as criteria for has the same meaning as in section released to the lessee until the lessee determining the appropriate location 4503.44 of the Revised Code. presents proof that that person is the for a handicapped parking space: (3) “Special license plates” and lessee of the motor vehicle and pays A. The nature and use of adjacent “removable windshield placard” mean all towing and storage fees normally buildings; any license plates or removable imposed by that political subdivision B. The number of on-street parking windshield placard or temporary for towing and storing motor vehicles. spaces requested, with the maximum removable windshield placard issued C. If a person is charged with a requested spaces not to exceed three under section 4503.41 or 4503.44 of the violation of division (c)(1)A. i or ii of (3) adjacent or contiguous spaces; Revised Code, and also mean any this section, it is an affirmative C. Any other information which the substantially similar license plates or defense to the charge that the person Director of Public Safety or removable windshield placard or suffered an injury not more than Commissioner of Traffic Engineering temporary removable windshield seventy-two hours prior to the time the may require. placard issued by a state, district, person was issued the ticket or (3) Reserved on-street parking country, or sovereignty. citation and that, because of the spaces for persons with disabilities (RC 4511.69(K) injury, the person meets at least one of that limit or impair the ability to walk, (b) Special parking locations and the criteria contained in RC also known as handicapped parking privileges for persons with disabilities 4503.44(A)(1). spaces or disability parking spaces, that limit or impair the ability to walk, (2) No person shall stop, stand, or shall not be provided at any location also known as handicapped parking park any motor vehicle in an area that where off-street parking locations and spaces or disability parking spaces, is commonly known as an access aisle, privileges for persons with disabilities shall be provided and designated by which area is marked by diagonal that limit or impair the ability to walk, the City and all agencies and stripes and is located immediately also known as handicapped parking instrumentalities thereof at all offices adjacent to a special parking location spaces or disability parking spaces, and facilities, where parking is provided under division (b) of this are available in close proximity to the provided, whether owned, rented, or section or at a special clearly marked proposed on-street parking location; leased, and at all publicly owned parking location provided in or on a (4) Reserved on-street parking parking garages. The locations shall privately owned parking lot, parking spaces for persons with disabilities be designated through the posting of garage, or other parking area and that limit or impair the ability to walk, an elevated sign, whether designated in accordance with that also known as handicapped parking permanently affixed or movable, division. spaces or disability parking spaces, imprinted with the international (RC 4511.69(F)) shall be located as close as practicable symbol of access and shall be (d) When a motor vehicle is being to educational institutions, reasonably close to exits, entrances, operated by or for the transport of a government buildings, hospitals, elevators and ramps. All elevated person with a disability that limits or medical centers, cultural institutions signs posted shall be mounted on a impairs the ability to walk and is and recreational facilities; fixed or movable post, and the displaying a removable windshield (5) Reserved on-street parking distance from the ground to the placard or a temporary removable spaces shall not be provided at any bottom edge of the sign shall measure windshield placard or special license location where parking is prohibited not less than five (5) feet. If a new plates, or when a motor vehicle is by ordinance; sign or a replacement sign being operated by or for the transport (6) Reserved on-street parking for designating a special parking location of a handicapped person and is persons with disabilities that limit or is posted on or after October 14, 1999, displaying a parking card or special impair the ability to walk, also known there also shall be affixed upon the handicapped license plates, the motor as handicapped parking spaces or surface of that sign or affixed next to vehicle is permitted to park for a disability parking spaces, in the designating sign a notice that period of two hours in excess of the residential areas may be provided states the fine applicable for the legal parking period permitted by upon satisfying the requirements offense of parking a motor vehicle in local authorities, except where local found in divisions (e)(1), (2), (3) and the special designated parking ordinances or police rules provide (5) of this section. location if the motor vehicle is not otherwise or where the vehicle is (f) Any handicapped person as legally entitled to be parked in that parked in such a manner as to be defined in division (a) of this section location. clearly a traffic hazard. or any property owner may request (RC 4511.69 (E)) (RC 4511.69(G)) that a parking space be designated as (c)(1) A. No person shall stop, stand, (e) Special reserved on-street reserved for persons with disabilities or park any motor vehicle at special parking locations and privileges for that limit or impair the ability to walk, parking locations provided under persons with disabilities that limit or also known as handicapped parking division (b) of this section or at impair the ability to walk, also known spaces or disability parking spaces. special clearly marked parking as handicapped parking spaces or Approval of the property owner locations provided in or on privately disability parking spaces, shall be adjacent to the proposed parking owned parking lots, parking garages, provided upon full compliance with space must be obtained prior to the or other parking areas and designated the following requirements: handicap designation. All requests for in accordance with that division, (1) An investigation determining designations shall be submitted to the unless one of the following applies: need for proposed reserved on-street Commissioner of Traffic Engineering. (i) The motor vehicle is being parking for the handicapped must be Following the designation of a operated by or for the transport of a performed through the Division of parking space as reserved for persons person with a disability that limits or Traffic Engineering, including with disabilities that limit or impair impairs the ability to walk and is verification that the proposed on- the ability to walk, also known as displaying a valid removable street parking location meets the handicapped parking spaces or windshield placard or special license requirements of this section. The disability parking spaces, by the plates; Commissioner of Traffic Engineering Director of Public Safety, the Division (ii) The motor vehicle is being must approve the on-street parking for of Traffic Engineering shall install a operated by or for the transport of a practicality and feasibility of traffic sign or signs indicating that an on- handicapped person and is displaying operations. Upon completion of the street parking space is reserved for a parking card or special handicapped investigation and the approval of the the exclusive use of handicapped license plates. Commissioner of Traffic Engineering, persons. B. Any motor vehicle that is parked the Director of Public Safety may (g) The Chief of Police or his or her in a special marked parking location designate reserved on- street parking designee, in his or her discretion, may in violation of division (c)(1)A. i or for persons with disabilities that limit limit or temporarily suspend any of (ii) of this section may be towed or or impair the ability to walk, also the parking privileges specified in otherwise removed from the parking known as handicapped parking this section to cover emergencies or location by the law enforcement spaces or disability parking spaces, in special events and may impose any agency of the political subdivision in accordance with the requirements of other restriction deemed necessary in which the parking location is located. Section 403.03. the interest of traffic safety and A motor vehicle that is so towed or (2) When applying for an on-street control. removed shall not be released to its parking space for the exclusive use by (h) No person shall stop, stand or owner until the owner presents proof persons with disabilities that limit or park any motor vehicle at special of ownership of the motor vehicle and impair the ability to walk, also known parking locations provided for pays all towing and storage fees as handicapped parking spaces or persons with disabilities that limit or normally imposed by that political disability parking spaces, the impair the ability to walk, also known subdivision for towing and storing following information shall be as handicapped parking spaces or 913 22 The City Record May 24, 2017 disability parking spaces, under this criminal record and need not be Section 451.27 Notice to Cover or section or at special, clearly marked, reported by the person so arrested or Remove Junk Motor Vehicles parking locations provided for convicted in response to any inquiries (a) (1) For purposes of this section, persons with disabilities that limit or contained in any application for “junk motor vehicle” means any motor impair the ability to walk, also known employment, license, or other right or vehicle meeting the requirements of as handicapped parking spaces or privilege, or made in connection with RC 4513.63 (B), (C), (D), and (E) that disability parking spaces, in or on the person’s appearance as a witness. is left uncovered in the open on private privately owned parking lots, parking Every fine collected under divisions property for more than seventy-two garages or other parking areas, unless (k)(1) and (2) of this section shall be (72) hours with the permission of the the motor vehicle is being operated by paid to the City in which the violation person having the right to possession or for the transport of a person with a occurred. Except as provided in of the property, except if the person is disability that limits or impairs the division (k)(1) of this section, the City operating a junk yard or scrap metal ability to walk and is displaying a shall use the fine moneys it receives processing facility licensed under the removable windshield placard or a under divisions (k)(1) and (2) of this authority of RC 4737.05 through temporary removable windshield section to pay the expenses it incurs in 4737.12, or regulated under authority placard or special license plates, or complying with the signage and of the city; or if the property on which when a motor vehicle is being notice requirements contained in the motor vehicle is left is not subject operated by or for the transport of a division (b) of this section. The City to licensure or regulation by any handicapped person and is displaying may use up to fifty per cent (50%) of governmental authority, unless the a removable windshield placard or a each fine received under divisions person having the right to the temporary removable windshield (k)(1) and (2) of this section to pay possession of the property can placard or special license plates. the costs of educational, advocacy, establish that the motor vehicle is part (i) No owner of an office, facility, or support, and assistive technology of a bona fide commercial operation; parking garage where special programs for persons with or if the motor vehicle is a collector’s parking locations are required to be disabilities, and for public vehicle. designated in accordance with improvements within the city that (2) This section shall not prevent a division (b) of this section shall fail to benefit or assist persons with person from storing or keeping, or properly mark the special parking disabilities, if governmental agencies restrict a person in the method of locations in accordance with that or nonprofit organizations offer the storing or keeping, any collector’s division or fail to maintain the programs. vehicle on private property with the markings of the special locations, (2) Whoever violates division (c)(2) permission of the person having the including the erection and of this section shall be fined not less right to the possession of the property; maintenance of the fixed or movable than two hundred fifty nor more than except that a person having such signs. five hundred dollars. permission may be required to (RC 4511.69(H)) In no case shall an offender who conceal, by means of buildings, fences, (j) Nothing in this section shall be violates division (c)(2) of this section vegetation, terrain or other suitable construed to require a person or be sentenced to any term of obstruction, any unlicensed collector’s organization to apply for a removable imprisonment. An arrest or conviction vehicle stored in the open. windshield placard or special license for a violation of division (c)(2) of (3) The Police Chief or his designee plates if the parking card or special this section does not constitute a may send notice, by certified mail with license plates issued to the person or criminal record and need not be return receipt requested, to the person organization under prior law have not reported by the person so arrested or having the right to the possession of expired or been surrendered or convicted in response to any inquiries the property on which a junk motor revoked. contained in any application for vehicle is left, that within ten (10) (RC 4511.69(I)) employment, license, or other right or days of receipt of the notice, the junk (k) (1) A. Whoever violates division privilege, or made in connection with motor vehicle either shall be covered (c)(1)A. i or ii of this section is guilty the person’s appearance as a witness. by being housed in a garage or other of a misdemeanor and shall be (3) Whoever violates division (i) of suitable structure, or shall be removed punished as provided in division this section shall be punished as from the property. (k)(1)A. and B. of this section. Except follows: (4) No person shall willfully leave a as otherwise provided in division A. Except as otherwise provided in junk motor vehicle uncovered in the (k)(1)A. of this section, an offender division (k)(3) of this section, the open for more than ten (10) days after who violates division (c)(1)A. i or ii of offender shall be issued a warning. receipt of a notice as provided in this this section shall be fined not less than B. If the offender previously has section. The fact that a junk motor two hundred fifty nor more than five been convicted of or pleaded guilty to vehicle is so left is prima facie hundred dollars. An offender who a violation of division (i) of this evidence of willful failure to comply violates division (c)(1)A. i or ii of this section or of a municipal ordinance with the notice, and each subsequent section shall be fined not more than that is substantially similar to that period of thirty (30) days that a junk one hundred dollars if the offender, division, the offender shall not be motor vehicle continues to be so left prior to sentencing, proves either of issued a warning but shall be fined not constitutes a separate offense. the following to the satisfaction of the more than twenty-five dollars ($25.00) (RC 4513.65) court: for each parking location that is not (d) Whoever violates this section is i. At the time of the violation of properly marked or whose markings guilty of a minor misdemeanor on a division (c)(1)A. i of this section, the are not properly maintained. first offense; on a second offense, such offender or the person for whose (RC 4511.69(J)(2)-(4)) person is guilty of a misdemeanor of transport the motor vehicle was being the fourth degree; on each subsequent operated had been issued a removable Section 451.24 Private Driveway or offense, such person is guilty of a windshield placard that then was Private Property misdemeanor of the third degree. valid or special license plates that (a) If an owner of private property Section 3. That this ordinance is then were valid but the offender or the posts on the property in a conspicuous declared to be an emergency measure person neglected to display the manner a prohibition against parking and, provided it receives the placard or license plates as described on the property or conditions and affirmative vote of two-thirds of all in division (c)(1)A. i of this section. regulations under which parking is the members elected to Council, it ii. At the time of the violation of permitted, no person shall do either of shall take effect and be in force division (c)(1)A. ii of this section, the the following: immediately upon its passage and offender or the person for whose (1) Park a vehicle on the property approval by the Mayor; otherwise it transport the motor vehicle was being without the owner’s consent; shall take effect and be in force from operated had been issued a parking (2) Park a vehicle on the property in and after the earliest period allowed card that then was valid or special violation of any condition or by law. handicapped license plates that then regulation posted by the owner. Referred to Directors of Public were valid but the offender or the (b) Whoever violates division (a) of Safety, Finance, Law; Committees on person neglected to display the card or this section is guilty of a minor Safety, Finance. license plates as described in division misdemeanor. (c)(1)A. ii of this section. (RC 4511.681) Ord. No. 657-17. B. In no case shall an offender who (c) Any motor vehicle parked in By Council Member Kelley. violates division (c)(1)A. i or ii of this violation of this section may be An emergency ordinance to amend section be sentenced to any term of impounded upon complaint of any Sections 471.01 471.03, 471.05 and imprisonment. person adversely affected in 471.09 of the Codified Ordinances of An arrest or conviction for a accordance with the provisions of Cleveland, Ohio, 1976, as amended violation of division (c)(1)A. i or ii of Chapter 405 at the cost and expense of by various ordinances relating this section does not constitute a the motor vehicle’s owner. pedestrians. 914 May 24, 2017 The City Record 23

Whereas, this ordinance consti- Section 471.05 Walking Along bicycles and motorcycles abreast, is tutes an emergency measure provid- Highways repealed. ing for the usual daily operation of (a) Where a sidewalk is provided Section 3. That Section 473.06, as a municipal department; now, there- and its use is practicable, it shall be amended by Ordinance No. 91-96, fore, unlawful for any pedestrian to walk passed March 18, 1996, relating to Be it ordained by the Council of along and upon an adjacent roadway. lights and reflector on bicycles and the City of Cleveland: (b) Where a sidewalk is not brakes, is repealed. Section 1. That That the Codified available, any pedestrian walking Section 4. That the Codified Ordinances of Cleveland, Ohio, 1976 along and upon a highway shall walk Ordinances of Cleveland, Ohio, 1976 are supplemented by amending Sec- only on a shoulder, as far as are supplemented by enacting new tions 471.01 and 471.03, as amended practicable from the edge of the Sections 473.01, 473.02, 473.03, 473.05, by Ordinance No. 91-96, passed roadway. 473.07 and 473.14 to read as follows: March 18, 1996, and Sections 471.05 (c) Where neither a sidewalk nor a and 471.09, as amended by Ordinance shoulder is available, any pedestrian Section 473.01 Code Application to No. 1684-76, passed June 29, 1976 to walking along and upon a highway Bicycles read as follows: shall walk as near as practicable to an (a) The provisions of this traffic outside edge of the roadway, and, if on code that are applicable to bicycles Section 471.01 Right-of-way in a two (2) way roadway, shall walk apply whenever a bicycle is operated Crosswalk only on the left side of the roadway. upon any highway or upon any path (a) When traffic control signals are (d) Except as otherwise provided in set aside for the exclusive use of not in place, not in operation or are not sections 413.03 and 471.01, any bicycles. clearly assigning the right- of-way, pedestrian upon a roadway shall yield (b) Except as provided in division the driver of a vehicle, trackless the right-of-way to all vehicles upon (d) of this section, a bicycle operator trolley, or streetcar shall yield the the roadway. who violates any provision of this right-of- way, slowing down or (RC 4511.50) traffic code described in division (a) stopping if need be to so yield or if of this section that is applicable to required by section 413.11, to a Section 471.09 Intoxicated or bicycles may be issued a ticket, pedestrian crossing the roadway Drugged Pedestrian on Highway citation, or summons by a law within a crosswalk when the A pedestrian who is under the enforcement officer for the violation pedestrian is upon the half of the influence of alcohol, any drug of in the same manner as the operator of roadway upon which the vehicle is abuse, or any combination of them, to a motor vehicle would be cited for the traveling, or when the pedestrian is a degree that renders the pedestrian a same violation. A person who commits approaching so closely from the hazard shall not walk or be upon a any such violation while operating a opposite half of the roadway as to be highway. bicycle shall not have any points in danger. (RC 4511.481) assessed against the person’s driver’s (b) No pedestrian shall suddenly Section 2. That existing sections license, commercial driver’s license, leave a curb or other place of safety 471.01 and 471.03, as amended by temporary instruction permit, or and walk or run into the path of a Ordinance No. 91-96, passed March 18, probationary license under RC vehicle, trackless trolley, or streetcar 1996, and sections 471.05 and 471.09, as 4510.036. which is so close as to constitute an amended by Ordinance No. 1684-76, (c) Except as provided in division immediate hazard. passed June 29, 1976 are repealed. (d) of this section, in the case of a (c) Division (a) of this section does Section 3. That this ordinance is violation of any provision of this not apply under the conditions stated declared to be an emergency measure traffic code described in division (a) division (b) of section 471.03. and, provided it receives the of this section by a bicycle operator or (d) Whenever any vehicle, trackless affirmative vote of two-thirds of all by a motor vehicle operator when the trolley, or streetcar is stopped at a the members elected to Council, it trier of fact finds that the violation by marked crosswalk or at any shall take effect and be in force the motor vehicle operator endangered unmarked crosswalk at an immediately upon its passage and the lives of bicycle riders at the time intersection to permit a pedestrian to approval by the Mayor; otherwise it of the violation, the court, cross the roadway, the driver of any shall take effect and be in force from notwithstanding any provision of this other vehicle , trackless trolley, or and after the earliest period allowed Traffic Code or the Revised Code to streetcar approaching from the rear by law. the contrary, may require the bicycle shall not overtake and pass the Referred to Directors of Public operator or motor vehicle operator to stopped vehicle. Safety, Finance, Law; Committees on take and successfully complete a (RC 4511.46) Safety, Finance. bicycling skills course approved by the court in addition to or in lieu of Section 471.03 Crossing Roadway Ord. No. 658-17. any penalty otherwise prescribed by Outside Crosswalk By Council Member Kelley this Traffic Code or the Revised Code (a) Every pedestrian crossing a An emergency ordinance to repeal for that violation. roadway at any point other than various sections of Chapter 473 of (d) Divisions (b) and (c) of this within a marked crosswalk or within the Codified Ordinances of Cleve- an unmarked crosswalk at an land, Ohio, 1976, as amended by var- section do not apply to violations of intersection shall yield the right-of- ious ordinances and to supplement RC 4511.19 or Chapter 433. way to all vehicles, trackless trolleys, the codified ordinances by enacting (RC 4511.52) or streetcars upon the roadway. new Sections 473.01 through 473.03, (b) Any pedestrian crossing a 473.05, 473.07 and 473.14, relating to Section 473.02 Operation of Bicycles, roadway at a point where a pedestrian bicycles and motorcycles. Motorcycles and Snowmobiles tunnel or overhead pedestrian Whereas, this ordinance consti- (a) For purposes of this section, crossing has been provided shall yield tutes an emergency measure provid- “snowmobile” has the same meaning the right-of-way to all traffic upon the ing for the usual daily operation of as given that term in RC 4519.01. roadway. a municipal department; now, there- (b) (1) No person operating a (c) Between adjacent intersections fore, bicycle shall ride other than upon or at which traffic control signals are in Be it ordained by the Council of astride the permanent and regular operation, pedestrians shall not cross the City of Cleveland: seat attached thereto or carry any at any place except in a marked Section 1. That the following sec- other person upon such bicycle other crosswalk. tions of the Codified Ordinances of than upon a firmly attached and (d) No pedestrian shall cross a Cleveland, Ohio, 1976: regular seat thereon, and no person roadway intersection diagonally Sections 473.01, 473.03, 473.05 and shall ride upon a bicycle other than unless authorized by official traffic 473.07, as amended by Ordinance upon such a firmly attached and control devices; and, when authorized No.1684-76, passed June 29, 1976, regular seat. to cross diagonally, pedestrians shall Sections 473.02 as amended by (2) No person operating a cross only in accordance with the Ordinance No. 91-96, passed March 18, motorcycle shall ride other than upon official traffic control devices 1996, or astride the permanent and regular pertaining to such crossing and seat or saddle attached thereto, or movements. Section 473.14, as amended by carry any other person upon such (e) This section does not relieve the Ordinance No. 835-03, passed June 10, motorcycle other than upon a firmly operator of a vehicle, streetcar, or 2003, attached and regular seat or saddle trackless trolley from exercising due are repealed. thereon, and no person shall ride upon care to avoid colliding with any Section 2. That Section 473.04, as a motorcycle other than upon such a pedestrian upon any roadway. amended by Ordinance No.1684-76, firmly attached and regular seat or (RC 4511.48) passed June 29, 1976, relating to riding saddle. 915 24 The City Record May 24, 2017

(3) No person shall ride upon a misdemeanor. If, within one year of applicable to vehicles and exercising motorcycle that is equipped with a the offense, the offender previously due care when passing a standing saddle other than while sitting astride has been convicted of or pleaded vehicle or one (1) proceeding in the the saddle, facing forward, with one guilty to one predicate motor vehicle same direction. leg on each side of the motorcycle. or traffic offense, whoever violates (b) Persons riding bicycles or (4) No person shall ride upon a division (b) or (c)(1) or (3) of this motorcycles upon a roadway shall ride motorcycle that is equipped with a section is guilty of a misdemeanor of not more than two (2) abreast in a seat other than while sitting upon the the fourth degree. If, within one year single lane, except on paths or parts of seat. of the offense, the offender previously roadways set aside for the exclusive (5) No person operating a bicycle has been convicted of two or more use of bicycles or motorcycles. shall carry any package, bundle, or predicate motor vehicle or traffic (c) This section does not require a article that prevents the driver from offenses, whoever violates division person operating a bicycle to ride at keeping at least one hand upon the (b) or (c)(1) or (3) of this section is the edge of the roadway when it is handlebars. guilty of a misdemeanor of the third unreasonable or unsafe to do so. (6) No bicycle or motorcycle shall be degree. Conditions that may require riding used to carry more persons at one time (RC 4511.53) away from the edge of the roadway than the number for which it is include when necessary to avoid fixed designed and equipped. No motorcycle Section 473.03 Prohibition Against or moving objects, parked or moving shall be operated on a highway when Attaching Bicycles and Sleds to vehicles, surface hazards, or if it the handlebars rise higher than the Vehicles otherwise is unsafe or impracticable shoulders of the operator when the (a) No person riding upon any to do so, including if the lane is too operator is seated in the operator’s bicycle, coaster, roller skates, sled, or narrow for the bicycle and an seat or saddle. toy vehicle shall attach the same or overtaking vehicle to travel safely (c) (1) Except as provided in self to any streetcar, trackless trolley, side by side within the lane. division (c)(2) of this section, no or vehicle upon a roadway. (RC 4511.55) person shall operate or be a passenger (b) No operator shall knowingly on a snowmobile or motorcycle permit any person riding upon any Section 473.14 Motorized Bicycle without using safety glasses or other bicycle, coaster, roller skates, sled, or Operation, Equipment and License protective eye device. Except as toy vehicle to attach the same or self (a) No person shall operate a provided in division (c)(2) of this to any streetcar, trackless trolley, or motorized bicycle upon a highway or section, no person who is under the vehicle while it is moving upon a any public or private property used by age of eighteen years, or who holds a roadway. the public for purposes of vehicular motorcycle operator’s endorsement or (c) This section does not apply to travel or parking, unless all of the license bearing a “novice” designation towing a disabled vehicle. following conditions are met: that is currently in effect as provided (RC 4511.54) (1) The person is fourteen (14) or in RC 4507.13, shall operate a fifteen (15) years of age and holds a motorcycle on a highway, or be a Section 473.05 Bicycle Signal Device, valid probationary motorized bicycle passenger on a motorcycle, unless Lights, Reflector and Brakes license issued after the person has wearing a United States department of (a) Every bicycle when in use at passed the test provided for in this transportation-approved protective the times specified in section 437.02, section, or the person is sixteen (16) helmet on the person’s head, and no shall be equipped with the following: years of age or older and holds either a other person shall be a passenger on a (1) A lamp mounted on the front of valid commercial driver’s license motorcycle operated by such a person either the bicycle or the operator that issued under RC Chapter 4506 or a unless similarly wearing a protective shall emit a white light visible from a driver’s license issued under RC helmet. The helmet, safety glasses, or distance of at least five hundred (500) Chapter 4507 or a valid motorized other protective eye device shall feet to the front and three hundred bicycle license issued after the person conform with rules adopted by the (300) feet to the sides. A generator- has passed the test provided for in this director of public safety. The powered lamp that emits light only section, except that if a person is provisions of this paragraph or a when the bicycle is moving may be sixteen (16) years of age, has a valid violation thereof shall not be used in used to meet this requirement. probationary motorized bicycle the trial of any civil action. (2) A red reflector on the rear that license and desires a motorized (2) Division (c)(1) of this section shall be visible from all distances from bicycle license, the person is not does not apply to a person operating one hundred (100) feet to six hundred required to comply with the testing an autocycle or cab-enclosed (600) feet to the rear when directly in requirements provided for in this motorcycle when the occupant front of lawful lower beams of head section; compartment top is in place enclosing lamps on a motor vehicle; (2) The motorized bicycle is the occupants. (3) A lamp emitting either flashing equipped in accordance with the rules (3) A. No person shall operate a or steady red light visible from a adopted under division (b) of this motorcycle with a valid temporary distance of five hundred (500) feet to section and is in proper working order; instruction permit and temporary the rear shall be used in addition to (3) The person, if under eighteen instruction permit identification card the red reflector. If the red lamp (18) years of age, is wearing a issued by the registrar of motor performs as a reflector in that it is protective helmet on the person’s head vehicles pursuant to RC 4507.05 unless visible as specified in division (a)(2) with the chin strap properly fastened the person, at the time of such of this section, the red lamp may serve and the motorized bicycle is equipped operation, is wearing on the person’s as the reflector and a separate with a rearview mirror. head a protective helmet that has been reflector is not required. (4) The person operates the approved by the United States (b) Additional lamps and reflectors motorized bicycle when practicable department of transportation that may be used in addition to those within three (3) feet of the right edge conforms with rules adopted by the required under division (a) of this of the roadway obeying all traffic director. section, except that red lamps and red rules applicable to vehicles. B. No person shall operate a reflectors shall not be used on the (b) The Ohio Director of Public motorcycle with a valid temporary front of the bicycle and white lamps Safety, subject to RC Chapter 119, instruction permit and temporary and white reflectors shall not be used shall adopt and promulgate rules instruction permit identification card on the rear of the bicycle. concerning protective helmets, the issued by the registrar pursuant to RC (c) A bicycle may be equipped with equipment of motorized bicycles, and 4507.05 in any of the following a device capable of giving an audible the testing and qualifications of circumstances: signal, except that a bicycle shall not persons who do not hold a valid 1. At any time when lighted lights be equipped with nor shall any person driver’s or commercial driver’s license. are required by RC 4513.03 (A)(1); use upon a bicycle any siren or The test shall be as near as 2. While carrying a passenger; whistle. practicable to the examination 3. On any limited access highway or (d) Every bicycle shall be equipped required for a motorcycle operator’s heavily congested roadway. with an adequate brake when used on endorsement under RC 4507.11. The (d) Nothing in this section shall be a street or highway. test shall also require the operator to construed as prohibiting the carrying (RC 4511.56) give an actual demonstration of the of a child in a seat or trailer that is operator’s ability to operate and designed for carrying children and is Section 473.07 Operating Bicycles control a motorized bicycle by driving firmly attached to the bicycle. and Motorcycles on Roadway one under the supervision of an (e) Except as otherwise provided in (a) Every person operating a examining officer. this division, whoever violates bicycle upon a roadway shall ride as (c) Every motorized bicycle license division (b) or (c)(1) or (3) of this near to the right side of the roadway expires on the birthday of the section is guilty of a minor as practicable obeying all traffic rules applicant in the fourth year after the 916 May 24, 2017 The City Record 25 date it is issued, but in no event shall one hundred (100) milliliters of the H. The State Board of Pharmacy has any motorized bicycle license be person’s urine; adopted a rule pursuant to RC 4729.041 issued for a period longer than four (5) The person has a concentration that specifies the amount of salvia (4) years. of eight-hundredths of one gram (0.08) divinorum and the amount of (d) No person operating a motorized or more by weight of alcohol per two salvinorin A that constitute bicycle shall carry another person hundred ten (210) liters of the person’s concentrations of salvia divinorum upon the motorized bicycle. breath. and salvinorin A in a person’s urine, in (e) The protective helmet and (6) Except as provided in division a person’s whole blood, or in a person’s rearview mirror required by division (h) of this section, the person has a blood serum or plasma at or above (a)(3) of this section shall, on and concentration of any of the following which the person is impaired for after January 1, 1985, conform with controlled substances or metabolites purposes of operating or being in rules adopted by the Director under of a controlled substance in the physical control of any vessel division (b) of this section. person’s whole blood, blood serum or underway or manipulating any water (f) Each probationary motorized plasma, or urine that equals or skis, aquaplane, or similar device on bicycle license or motorized bicycle exceeds any of the following: the waters of this state, the rule is in license shall be laminated with a A. The person has a concentration of effect, and the person has a transparent plastic material. amphetamine in the person’s urine of concentration of salvia divinorum or (g) Whoever violates division (a), at least five hundred (500) nanograms salvinorin A of at least that amount so (d) or (e) of this section is guilty of a of amphetamine per milliliter of the specified by rule in the person’s urine, minor misdemeanor. person’s urine or has a concentration in the person’s whole blood, or in the (RC 4511.521) of amphetamine in the person’s whole person’s blood serum or plasma. Section 5. That this ordinance is blood or blood serum or plasma of at I. Either of the following applies: declared to be an emergency measure least one hundred (100) nanograms of 1. The person is under the influence and, provided it receives the amphetamine per milliliter of the of alcohol, a drug of abuse, or a affirmative vote of two-thirds of all person’s whole blood or blood serum or combination of them, and, as the members elected to Council, it plasma. measured by gas chromatography shall take effect and be in force B. The person has a concentration of mass spectrometry, the person has a immediately upon its passage and cocaine in the person’s urine of at least concentration of marihuana approval by the Mayor; otherwise it one hundred fifty (150) nanograms of metabolite in the person’s urine of at shall take effect and be in force from cocaine per milliliter of the person’s least fifteen (15) nanograms of and after the earliest period allowed urine or has a concentration of cocaine marihuana metabolite per milliliter of by law. in the person’s whole blood or blood the person’s urine or has a Referred to Directors of Public serum or plasma of at least fifty (50) concentration of marihuana Safety, Finance, Law; Committees on nanograms of cocaine per milliliter of metabolite in the person’s whole blood Safety, Finance. the person’s whole blood or blood or blood serum or plasma of at least serum or plasma. five (5) nanograms of marihuana Ord. No. 659-17. C. The person has a concentration of metabolite per milliliter of the By Council Member Kelley. cocaine metabolite in the person’s person’s whole blood or blood serum or An emergency ordinance to repeal urine of at least one hundred fifty plasma. sections 485.03 and 485.09 of the Cod- (150) nanograms of cocaine 2. As measured by gas ified Ordinances of Cleveland, Ohio, metabolite per milliliter of the chromatography mass spectrometry, 1976, as amended by Ordinance No. person’s urine or has a concentration the person has a concentration of 91-96, passed March 18, 1996 and to of cocaine metabolite in the person’s marihuana metabolite in the person’s supplement the codified ordinances whole blood or blood serum or plasma urine of at least thirty-five (35) by enacting new Sections 485.03 and of at least fifty (50) nanograms of nanograms of marihuana metabolite 485.09, relating to watercraft opera- cocaine metabolite per milliliter of the per milliliter of the person’s urine or tion. person’s whole blood or blood serum or has a concentration of marihuana Whereas, this ordinance consti- plasma. metabolite in the person’s whole blood tutes an emergency measure provid- D. The person has a concentration of or blood serum or plasma of at least ing for the usual daily operation of heroin in the person’s urine of at least fifty (50) nanograms of marihuana a municipal department; now, there- two thousand (2,000) nanograms of metabolite per milliliter of the fore, heroin per milliliter of the person’s person’s whole blood or blood serum or Be it ordained by the Council of urine or has a concentration of heroin plasma. the City of Cleveland: in the person’s whole blood or blood J. The person has a concentration of Section 1. That sections 485.03 and serum or plasma of at least fifty (50) methamphetamine in the person’s 485.09, as amended by Ordinance No. nanograms of heroin per milliliter of urine of at least five hundred (500) 91-96, passed March 18, 1996 are the person’s whole blood or blood nanograms of methamphetamine per repealed. serum or plasma. milliliter of the person’s urine or has a Section 2. That the Codified E. The person has a concentration of concentration of methamphetamine in Ordinances of Cleveland, Ohio, 1976 heroin metabolite (6-monoacetyl the person’s whole blood or blood are supplemented by enacting new morphine) in the person’s urine of at serum or plasma of at least one Sections 485.03 and 485.09, to read as least ten (10) nanograms of heroin hundred (100) nanograms of follows: metabolite (6-monoacetyl morphine) methamphetamine per milliliter of the per milliliter of the person’s urine or person’s whole blood or blood serum or Section 485.03 Operating Under has a concentration of heroin plasma. Influence of Alcohol or Drugs metabolite (6-monoacetyl morphine) K. The person has a concentration Prohibited; Evidence in the person’s whole blood or blood of phencyclidine in the person’s urine (a) No person shall operate or be in serum or plasma of at least ten (10) of at least twenty-five (25) nanograms physical control of any vessel nanograms of heroin metabolite (6- of phencyclidine per milliliter of the underway or shall manipulate any monoacetyl morphine) per milliliter of person’s urine or has a concentration water skis, aquaplane, or similar the person’s whole blood or blood of phencyclidine in the person’s whole device on the waters in this state if, at serum or plasma. blood or blood serum or plasma of at the time of the operation, control, or F. The person has a concentration of least ten (10) nanograms of manipulation, any of the following L.S.D. in the person’s urine of at least phencyclidine per milliliter of the applies: twenty-five (25) nanograms of L.S.D. person’s whole blood or blood serum or (1) The person is under the per milliliter of the person’s urine or plasma. influence of alcohol, a drug of abuse, has a concentration of L.S.D. in the (b) No person under twenty-one (21) or a combination of them; person’s whole blood or blood serum or years of age shall operate or be in (2) The person has a concentration plasma of at least ten (10) nanograms physical control of any vessel of eight-hundredths of one per cent of L.S.D. per milliliter of the person’s underway or shall manipulate any (0.08%) or more by weight of alcohol whole blood or blood serum or plasma. water skis, aquaplane, or similar per unit volume in the person’s whole G. The person has a concentration of device on the waters in this state if, at blood; marihuana in the person’s urine of at the time of the operation, control or (3) The person has a concentration least ten (10) nanograms of manipulation, any of the following of ninety-six-thousandths of one per marihuana per milliliter of the applies: cent (0.096%) or more by weight per person’s urine or has a concentration (1) The person has a concentration unit volume of alcohol in the person’s of marihuana in the person’s whole of at least two-hundredths of one per blood serum or plasma; blood or blood serum or plasma of at cent (0.02%) but less than eight- (4) The person has a concentration least two (2) nanograms of marihuana hundredths of one per cent (0.08%) by of eleven-hundredths of one gram per milliliter of the person’s whole weight per unit volume of alcohol in (0.11) or more by weight of alcohol per blood or blood serum or plasma. the person’s whole blood; 917 26 The City Record May 24, 2017

(2) The person has a concentration blood under this division if, in that evidence that the officer administered of at least three-hundredths of one per person’s opinion, the physical welfare the test in substantial compliance cent (0.03%) but less than ninety-six- of the defendant or child would be with the testing standards for reliable, thousandths of one per cent (0.096%) endangered by withdrawing blood. credible, and generally accepted field by weight per unit volume of alcohol The whole blood, blood serum or sobriety tests for vehicles that were in in the person’s blood serum or plasma. plasma, urine, or breath withdrawn effect at the time the tests were (3) The person has a concentration under division (d)(1)B. of this section administered, including, but not of at least twenty-eight one- shall be analyzed in accordance with limited to, any testing standards then thousandths of one gram (0.028), but methods approved by the director of in effect that have been set by the less than eleven-hundredths of one health by an individual possessing a national highway traffic safety gram (0.11) by weight of alcohol per valid permit issued by the director administration, that by their nature one hundred (100) milliliters of the pursuant to RC 3701.143. are not clearly inapplicable regarding person’s urine; (2) In a criminal prosecution or the operation or physical control of (4) The person has a concentration juvenile court proceeding for a vessels underway or the manipulation of at least two-hundredths of one gram violation of division (a) of this section of water skis, aquaplanes, or similar (0.02), but less than eight-hundredths or for an equivalent offense that is devices, all of the following apply: of one gram (0.08) by weight of watercraft-related, if there was at the A. The officer may testify alcohol per two hundred and ten (210) time the bodily substance was taken a concerning the results of the field liters of the person’s breath. concentration of less than the sobriety test so administered. (c) In any proceeding arising out of applicable concentration of alcohol B. The prosecution may introduce one (1) incident, a person may be specified for a violation of division the results of the field sobriety test so charged with a violation of division (a)(2), (3), (4), or (5) of this section or administered as evidence in any (a)(1) and a violation of division less than the applicable concentration proceedings in the criminal (b)(1), (b)(2), (b)(3) or (b)(4) of this of a listed controlled substance or a prosecution or juvenile court section, but the person shall not be listed metabolite of a controlled proceeding. convicted of more than one (1) substance specified for a violation of C. If testimony is presented or violation of those divisions. division (a)(6) of this section, that evidence is introduced under division (d)(1) fact may be considered with other (e)(1) A. or B. of this section and if the A. In any criminal prosecution or competent evidence in determining testimony or evidence is admissible juvenile court proceeding for a the guilt or innocence of the defendant under the Rules of Evidence, the court violation of division (a) or (b) of this or in making an adjudication for the shall admit the testimony or evidence, section or for an equivalent offense child. This division does not limit or and the trier of fact shall give it that is watercraft-related, the result of affect a criminal prosecution or whatever weight the trier of fact any test of any blood or urine juvenile court proceeding for a considers to be appropriate. withdrawn and analyzed at any health violation of division (b) of this section (2) Division (e)(1) of this section care provider, as defined in RC 2317.02, or for a violation of a prohibition that does not limit or preclude a court, in its may be admitted with expert is substantially equivalent to that determination of whether the arrest of testimony to be considered with any division. a person was supported by probable other relevant and competent evidence (3) Upon the request of the person cause or its determination of any other in determining the guilt or innocence who was tested, the results of the matter in a criminal prosecution or of the defendant. chemical test shall be made available juvenile court proceeding of a type B. In any criminal prosecution or to the person or the person’s attorney described in that division, from juvenile court proceeding for a immediately upon completion of the considering evidence or testimony violation of division (a) or (b) of this test analysis. that is not otherwise disallowed by section or for an equivalent offense If the chemical test was division (e)(1) of this section. that is watercraft-related, the court administered pursuant to division (f) (1) Subject to division (f)(3) of may admit evidence on the (d)(1) B. of this section, the person this section, in any criminal concentration of alcohol, drugs of tested may have a physician, a prosecution or juvenile court abuse, controlled substances, registered nurse, or a qualified proceeding for a violation of division metabolites of a controlled substance, technician, chemist, or phlebotomist of (a) or (b) of this section or for an or a combination of them in the the person’s own choosing administer equivalent offense that is defendant’s or child’s whole blood, a chemical test or tests in addition to substantially equivalent to either of blood serum or plasma, urine, or any administered at the direction of a those divisions, the court shall admit breath at the time of the alleged law enforcement officer, and shall be as prima-facie evidence a laboratory violation as shown by chemical so advised. The failure or inability to report from any laboratory personnel analysis of the substance withdrawn, obtain an additional test by a person issued a permit by the department of or specimen taken within three hours shall not preclude the admission of health authorizing an analysis as of the time of the alleged violation. evidence relating to the test or tests described in this division that contains The three-hour time limit specified in taken at the direction of a law an analysis of the whole blood, blood this division regarding the admission enforcement officer. serum or plasma, breath, urine, or of evidence does not extend or affect (e)(1) In any criminal prosecution other bodily substance tested and that the two-hour time limit specified in RC or juvenile court proceeding for a contains all of the information 1547.111(C) as the maximum period of violation of division (a) or (b) of this specified in this division. The time during which a person may section, or other chapter of these laboratory report shall contain all of consent to a chemical test or tests as Codified Ordinances relating to the following: described in that section. The court operating or being in physical control A. The signature, under oath, of any may admit evidence on the of any vessel underway or to person who performed the analysis; concentration of alcohol, drugs of manipulating any water skis, B. Any findings as to the identity abuse, or a combination of them as aquaplane, or similar device on the and quantity of alcohol, a drug of described in this division when a waters of this state while under the abuse, a controlled substance, a person submits to a blood, breath, influence of alcohol, a drug of abuse, metabolite of a controlled substance, urine, or other bodily substance test at or a combination of them, or other or a combination of them that was the request of a law enforcement chapter of these Codified Ordinances found; officer under RC 1547.111 or a blood or relating to operating or being in C. A copy of a notarized statement urine sample is obtained pursuant to a physical control of any vessel by the laboratory director or a search warrant. Only a physician, a underway or to manipulating any designee of the director that contains registered nurse, an emergency water skis, aquaplane, or similar the name of each certified analyst or medical technician-intermediate, an device on the waters of this state with test performer involved with the emergency medical technician- a prohibited concentration of alcohol, report, the analyst’s or test paramedic, or a qualified technician, a controlled substance, or a metabolite performer’s employment relationship chemist, or phlebotomist shall of a controlled substance in the whole with the laboratory that issued the withdraw blood for the purpose of blood, blood serum or plasma, breath, report, and a notation that performing determining the alcohol, drug, or urine, if a law enforcement officer an analysis of the type involved is part controlled substance, metabolite of a has administered a field sobriety test of the analyst’s or test performer’s controlled substance, or combination to the operator or person found to be in regular duties; content of the whole blood, blood physical control of the vessel D. An outline of the analyst’s or test serum, or blood plasma. This underway involved in the violation or performer’s education, training, and limitation does not apply to the taking the person manipulating the water experience in performing the type of of breath or urine specimens. A person skis, aquaplane, or similar device analysis involved and a certification authorized to withdraw blood under involved in the violation and if it is that the laboratory satisfies this division may refuse to withdraw shown by clear and convincing appropriate quality control standards 918 May 24, 2017 The City Record 27 in general and, in this particular to a dock or to shore or to any drivers’ intervention program that is analysis, under rules of the permanent structure to which the certified pursuant to RC 5119.38; and department of health. vessel has the right to affix or that a sentences the offender to a jail term (2) Notwithstanding any other vessel is not anchored in a designated equal to the remainder of the three (3) provision of law regarding the anchorage area or boat camping area consecutive days that the offender admission of evidence, a report of the that is established by the United does not spend attending the drivers’ type described in division (f)(1) of States coast guard, this state, or a intervention program. The court may this section is not admissible against political subdivision and in which the require the offender, as a condition of the defendant or child to whom it vessel has the right to anchor. community control, to attend and pertains in any proceeding, other than (4) “Controlled substance” and satisfactorily complete any treatment a preliminary hearing or a grand jury “marihuana” have the same meanings or education programs, in addition to proceeding, unless the prosecutor has as in RC 3719.01. the required attendance at a drivers’ served a copy of the report on the (5) “Cocaine” and “L.S.D.” have the intervention program, that the defendant’s or child’s attorney or, if same meanings as in RC 2925.01. operators of the drivers’ intervention the defendant or child has no attorney, (6) “Equivalent offense that is program determine that the offender on the defendant or child. watercraft-related” means an should attend and to report (3) A report of the type described in equivalent offense that is one of the periodically to the court on the division (f)(1) of this section shall not following: offender’s progress in the programs. be prima-facie evidence of the A. A violation of division (a) or (b) The court also may impose any other contents, identity, or amount of any of this section; conditions of community control on substance if, within seven days after B. A violation of a municipal the offender that it considers the defendant or child to whom the ordinance prohibiting a person from necessary. report pertains or the defendant’s or operating or being in physical control (2) If, within ten (10) years of the child’s attorney receives a copy of the of any vessel underway or from offense, the offender has been report, the defendant or child or the manipulating any water skis, convicted of or pleaded guilty to one defendant’s or child’s attorney aquaplane, or similar device on the violation of RC 1547.11 or one other demands the testimony of the person waters of this state while under the equivalent offense, the court shall who signed the report. The judge in influence of alcohol, a drug of abuse, sentence the offender to a jail term of the case may extend the seven-day or a combination of them or ten (10) consecutive days and may time limit in the interest of justice. prohibiting a person from operating or sentence the offender pursuant to RC (g) Except as otherwise provided in being in physical control of any vessel 2929.24 to a longer jail term. In this division, any physician, underway or from manipulating any addition, the court shall impose upon registered nurse, emergency medical water skis, aquaplane, or similar the offender a fine of not less than one technician-intermediate, emergency device on the waters of this state with hundred fifty dollars ($150.00) nor medical technician-paramedic, or a prohibited concentration of alcohol, more than one thousand dollars qualified technician, chemist, or a controlled substance, or a metabolite ($1,000.00). phlebotomist who withdraws blood of a controlled substance in the whole In addition to any other sentence from a person pursuant to this section blood, blood serum or plasma, breath, that it imposes upon the offender, the or RC 1547.111, and a hospital, first-aid or urine; court may require the offender to station, or clinic at which blood is C. A violation of an existing or attend a drivers’ intervention program withdrawn from a person pursuant to former municipal ordinance, law of that is certified pursuant to RC this section or RC 1547.111, is immune another state, or law of the United 5119.38. from criminal and civil liability based States that is substantially equivalent (3) If, within ten (10) years of the upon a claim of assault and battery or to division (a) or (b) of this section; offense, the offender has been any other claim that is not a claim of D. A violation of a former law of this convicted of or pleaded guilty to more malpractice, for any act performed in state that was substantially than one violation or offense withdrawing blood from the person. equivalent to division (a) or (b) of this identified in division (j)(2) of this The immunity provided in this section. section, the court shall sentence the division also extends to an emergency (7) “Emergency medical technician- offender to a jail term of thirty medical service organization that intermediate” and “emergency consecutive days and may sentence employs an emergency medical medical technician-paramedic” have the offender to a longer jail term of technician-intermediate, an the same meanings as in RC 4765.01. not more than one year. In addition, emergency medical technician- (RC 1547.11) the court shall impose upon the paramedic who withdraws blood (j) Whoever violates this section is offender a fine of not less than one under this section. The immunity guilty of a misdemeanor of the first hundred fifty dollars ($150.00) nor provided in this division is not degree and shall be punished as more than one thousand dollars available to a person who withdraws provided in division (j)(1), (2), or (3) ($1,000.00). blood if the person engages in willful of this section. In addition to any other sentence or wanton misconduct. (1) Except as otherwise provided in that it imposes upon the offender, the (h) Division (a)(6) of this section division (j)(2) or (3) of this section, court may require the offender to does not apply to a person who the court shall sentence the offender attend a drivers’ intervention program operates or is in physical control of a to a jail term of three consecutive days that is certified pursuant to RC vessel underway or manipulates any and may sentence the offender 5119.38. water skis, aquaplane, or similar pursuant to RC 2929.24 to a longer jail (4) Upon a showing that serving a device while the person has a term. In addition, the court shall jail term would seriously affect the concentration of a listed controlled impose upon the offender a fine of not ability of an offender sentenced substance or a listed metabolite of a less than one hundred fifty dollars pursuant to division (j)(1), (2), or (3) controlled substance in the person’s ($150.00) nor more than one thousand of this section to continue the whole blood, blood serum or plasma, or dollars ($1,000.00). offender’s employment, the court may urine that equals or exceeds the The court may suspend the authorize that the offender be granted amount specified in that division, if execution of the mandatory jail term work release after the offender has both of the following apply: of three consecutive days that it is served the mandatory jail term of (1) The person obtained the required to impose by division (j)(1) three (3), ten (10), or thirty (30) controlled substance pursuant to a of this section if the court, in lieu of consecutive days that the court is prescription issued by a licensed the suspended jail term, places the required by division (j)(1), (2), or (3) health professional authorized to offender under a community control of this section to impose. No court shall prescribe drugs. sanction pursuant to RC 2929.25 and authorize work release during the (2) The person injected, ingested, or requires the offender to attend, for mandatory jail term of three (3), ten inhaled the controlled substance in three consecutive days, a drivers’ (10), or thirty (30) consecutive days accordance with the health intervention program that is certified that the court is required by division professional’s directions. pursuant to RC 5119.38. The court also (j) (1), (2), or (3) of this section to (i) As used in this section and RC may suspend the execution of any part impose. The duration of the work 1547.111: of the mandatory jail term of three release shall not exceed the time (1) “Equivalent offense” has the consecutive days that it is required to necessary each day for the offender to same meaning as in RC 4511.181. impose by division (j)(1) of this commute to and from the place of (2) “National highway traffic safety section if the court places the offender employment and the place in which administration” has the same meaning under a community control sanction the jail term is served and the time as in RC 4511.19. pursuant to RC 2929.25 for part of the actually spent under employment. (3) “Operate” means that a vessel is three (3) consecutive days; requires (5) Notwithstanding any section of being used on the waters in this state the offender to attend, for that part of the Revised Code that authorizes the when the vessel is not securely affixed the three (3) consecutive days, a suspension of the imposition or 919 28 The City Record May 24, 2017 execution of a sentence or the medical treatment beyond first aid, or Be it ordained by the Council of placement of an offender in any damage to property in excess of five the City of Cleveland: treatment program in lieu of being hundred dollars ($500.00), or the total Section 1. That the name of Mill imprisoned or serving a jail term, no loss of a vessel, shall file with the Ohio Creek Falls Family Park located at court shall suspend the mandatory jail Chief of the Division of Parks and Tioga Road and Warner Road shall term of ten (10) or thirty (30) Watercraft a full description of the be changed to “Ronald Boehlein consecutive days required to be collision, accident or other casualty on Family Park”. imposed by division (j)(2) or (3) of a form prescribed by the Chief. Section 2. That this ordinance is this section or place an offender who (d) If the operator of the vessel hereby declared to be an emergency is sentenced pursuant to division involved in a collision, accident, or measure and, provided it receives the (j)(2) or (3) of this section in any other casualty is incapacitated, the affirmative vote of two-thirds of all treatment program in lieu of being investigating law enforcement officer the members elected to Council, it imprisoned or serving a jail term until shall file the required form as shall take effect and be in force after the offender has served the prescribed by the Chief. immediately upon its passage and mandatory jail term of ten (10) or (RC 1547.59) approval by the Mayor; otherwise it thirty (30) consecutive days required (e) Whoever violates this section is shall take effect and be in force from to be imposed pursuant to division guilty of a minor misdemeanor. and after the earliest period allowed (j)(2) or (3) of this section. (RC 1547.99(C)) by law. Notwithstanding any section of the Section 3. That this ordinance is Referred to Directors of Public Revised Code that authorizes the declared to be an emergency measure Works, Finance, Law; Committees on suspension of the imposition or and, provided it receives the Municipal Services and Properties, execution of a sentence or the affirmative vote of two-thirds of all Finance. placement of an offender in any the members elected to Council, it treatment program in lieu of being shall take effect and be in force Ord. No. 667-17. imprisoned or serving a jail term, no immediately upon its passage and By Council Member Kelley (by court, except as specifically approval by the Mayor; otherwise it departmental request). authorized by division (j)(1) of this shall take effect and be in force from An emergency ordinance to amend section, shall suspend the mandatory and after the earliest period allowed Section 171.40 of the Codified Ordi- jail term of three (3) consecutive days by law. nances of Cleveland, Ohio, 1976, as required to be imposed by division Referred to Directors of Public amended by Ordinance No. 842-13, (j)(1) of this section or place an Safety, Finance, Law; Committees on passed August 14, 2013, relating to offender who is sentenced pursuant to Safety, Finance. the use of City credit cards. division (j)(1) of this section in any Whereas, this ordinance consti- treatment program in lieu of Ord. No. 660-17. tutes an emergency measure provid- imprisonment until after the offender By Council Member Reed. ing for the usual daily operation of has served the mandatory jail term of An emergency ordinance desig- a municipal department; now, there- three consecutive days required to be nating Tioga Avenue between fore, imposed pursuant to division (j)(1) of Warner Road and Turney Road with Be it ordained by the Council of this section. a secondary and honorary designa- the City of Cleveland: (6) As used in division (j) of this tion of “Warner Turney Neighbor- Section 1. That Section 171.40 of section: hood Organization Way”. the Codified Ordinances of Cleve- A. “Equivalent offense” has the Whereas, this Council recognizes land, Ohio, 1976, as amended by same meaning as in RC 4511.181. its service to the community by hon- Ordinance No. 842-13, passed august B. “Jail term” and “mandatory jail oring Warner Turney Neighborhood 14, 2013, is amended to read as fol- term” have the same meanings as in Organization with a secondary lows: RC 2929.01. street sign designation of “Warner (RC 1547.99(G)) Turney Neighborhood Organization Section 171.40 Use of City Credit Way”; and, Cards Section 485.09 Reporting a Collision Whereas, this ordinance consti- (a) Authorization. or Accident tutes an emergency measure provid- (1) A credit card held by the Clerk (a) The operator of a vessel ing for the usual daily operation of of Council may be used to pay the involved in a collision, accident, or a municipal department; now, there- following work-related expenses of other casualty, so far as the operator fore, the Clerk, member of Council, and can do so without serious danger to Be it ordained by the Council of Council staff: the operator’s own vessel, crew, and the City of Cleveland: A. Transportation expenses while passengers, shall render to other Section 1. That Tioga Avenue traveling on City business; persons affected by the collision, between Warner Road and Turney B. Lodging expenses while accident, or other casualty such Road is designated with a sec- traveling on City business; assistance as may be practicable and ondary and honorary designation of C. Food expenses while traveling on as may be necessary in order to save “Warner Turney Neighborhood Orga- City business; them from or minimize any danger nization Way”. D. Food expenses as authorized by caused by the collision, accident, or Section 2. That this ordinance is ordinance of Council; and other casualty. The operator also shall hereby declared to be an emergency E. Registration, tuition or give the operator’s name, address, and measure and, provided it receives the enrollment expenses for meetings, identification of the operator’s vessel affirmative vote of two-thirds of all seminars, conferences, or retreats in in writing to any person injured and to the members elected to Council, it connection with the performance of the owner of any property damaged in shall take effect and be in force official duties. the collision, accident, or other immediately upon its passage and (2) A credit card held by the Law casualty. approval by the Mayor; otherwise it Department Docket Clerk or any Law (b) Any person who renders shall take effect and be in force from Department attorney may be used to assistance at the scene of a collision, and after the earliest period allowed pay the following work-related accident, or other casualty involving a by law. expenses: vessel is not liable in a civil action for Referred to Commitee on Finance. A. Filing fees required by any court, damages or injury to persons or board or tribunal; property resulting from any act or Ord. No. 661-17. B. Any other cost assessed by a omission in rendering assistance or in By Council Member Reed. court, board or tribunal other than providing or arranging salvage, An emergency ordinance changing judgments or settlements. towage, medical treatment, or other the name of Mill Creek Falls Fami- (3) A credit card held by the Port assistance, except that the person is ly Park located at Tioga Road and Control Director, or his or her liable for willful or wanton Warner Road to “Ronald Boehlein designee, may be used to pay the misconduct in rendering assistance. Family Park”. following work-related expenses: Nothing in this section precludes Whereas, this Council recognizes A. Emergency commodity purchases recovery from any tortfeasor causing Ronald Boehlein for his contribu- in which a credit card is the only a collision, accident, or other casualty tions to our community by re-nam- method of payment acceptable to the of damages caused or aggravated by ing Mill Creek Falls Family Park as vendor. the rendering of assistance. “Ronald Boehlein Family Park”; and (4) A credit card held by the (c) In the case of collision, accident, Whereas, this ordinance consti- Finance Director, or his or her or other casualty involving a vessel, tutes an emergency measure provid- designee, may be used to pay the the operator thereof, if the collision, ing for the usual daily operation of following work-related expenses: accident, or other casualty results in a municipal department; now, there- A. Transportation expenses while loss of life, personal injury requiring fore, traveling on City business; 920 May 24, 2017 The City Record 29

B. Lodging expenses while officer or employee for reimbursing improvements to departmental IT traveling on City business; the City Treasury for any amount systems, equipment, infrastructure, C. Food expenses while traveling on charged on the card beyond the and telecommunications; to enter City business; appropriated, otherwise into various contracts to implement D. Food expenses as authorized by unencumbered amount or for the this ordinance; for a period of one ordinance of Council; and amount of the unauthorized use. year. E. Registration, tuition or (2) If the card is issued in the name Whereas, general information enrollment expenses for meetings, of the office of the appointing technology services are needed to seminars, conferences, or retreats and authority, the appointing authority is manage the day-to-day operations other similar events in connection liable in person and upon any official and to ensure the security and reli- with City business. bond of the appointing authority for ability of the Department of Public (4) A credit card held by the reimbursement for any amount Utilities’ IT systems and infrastruc- Commissioner of Purchases and charged on the card beyond the tures; and Supplies, or his or her designee, may appropriated, otherwise Whereas, this ordinance consti- be used to pay the following work- unencumbered amount or for the tutes an emergency measure provid- related expenses: business licenses, amount of the unauthorized use. ing for the usual daily operation of registrations, subscriptions, and other (g) Whenever any officer or a municipal department; now, there- ordinary and necessary expenses of employee who is authorized to use a fore, the City in which a credit card is the City credit card or the office of any Be it ordained by the Council of only method of payment acceptable to other county appointing authority the City of Cleveland: the vendor. suspects the loss, theft, or possibility Section 1. That the Director of (5) A credit card held by the Chief of unauthorized use of the card, the Public Utilities is authorized to Financial Officer of the Department of officer or employee shall notify the employ by contract or contracts one Public Utilities, or his or her designee, Director of Finance and either the or more consultants or vendors, or may be used to pay the following officer’s or employee’s appointing one or more firms of consultants or work-related expenses: business authority immediately and in writing. vendors for the purpose of supple- licenses, registrations, subscriptions, (h) If the Director of Finance menting the regularly employed and other ordinary and necessary determines there has been a credit staff of the several departments of expenses of the City in which a credit card expenditure beyond the the City of Cleveland in order to pro- card is the only method of payment appropriated, otherwise vide Information Technology hard- acceptable to the vendor. unencumbered or the authorized ware, hardware support, software, Use of a City credit card for uses amount or if the Director of Finance software support, cloud services, other than those listed in division (a) determines that there has been telecommunications support of vari- of this section shall be considered an unauthorized use of a credit card, and ous materials equipment, supplies, unauthorized use. if the Director of Finance determines licenses, and services necessary to Use of a City credit card in a manner that the City Treasury should be upgrade and redesign websites, inconsistent with any restriction or reimbursed for credit card manage and support phone systems, control placed on the card by the expenditures beyond the appropriated, integrate phone systems, provide Director of Finance shall be otherwise unencumbered or the tools to monitor network, provide considered an unauthorized use. authorized amount, or for the amount cyber security and intrusion protec- (b) No late charges or finance of the unauthorized use, the Director tion, provide application hosting, charges shall be allowed as an of Finance shall give written notice to and purchase servers (the “Utility allowable expense on a City credit the officer or employee or appointing IT Improvement”), for a period of card unless authorized by the Director authority of liability to the City one year. of Finance. Treasury in accordance with this Section 2. The Director of Public (c) Any debt incurred as a result of section. If, within thirty (30) days Utilities is authorized to acquire one the use of a credit card under this after issuance of the written notice, or more software licenses and section shall be paid from moneys the City Treasury is not reimbursed applications from one or more appropriated in the budget to specific for the amount shown on the written consultants, computer software appropriation line items of the notice, the Director of Law shall developers, or vendors or one or more appointing authority for work-related recover that amount from the officer firms of consultants, computer expenses listed in division (a) of this or employee or appointing authority software developers, or vendors section. who is liable under this section by necessary to implement this (d) Use of any credit card under civil action in any court of appropriate ordinance, which are not obtained division (a) of this section shall be jurisdiction. under a professional services contract limited to the amount appropriated in (i) Use of a City credit card for any authorized in Section 1 of this a specific appropriation line item for use other than those permitted under ordinance. the permitted use or uses designated division (a) of this section is a Section 3. The selection of the in division (a) and not otherwise violation of RC 2913.21. consultants, computer software encumbered. (j) The Director of Finance may developers, or vendors for the services (e) If the card is issued in the name revoke credit card privileges and described in Sections 1 and 2 of this of a specific officer or employee, that reclaim the credit cards as the ordinance, shall be made by the Board officer or employee is liable in person Director deems necessary. of Control on the nomination of the and upon any official bond of the Section 2. That existing Section Director of Public Utilities from a list officer or employee to reimburse the 171.40 of the Codified Ordinances of of qualified consultants, computer City Treasury for the amount charged Cleveland, Ohio, 1976, as amended by software developers, or vendors to the City beyond the authorized Ordinance No. 842-13, passed August available for employment as may be amount or the amount of unauthorized 14, 2013, is repealed. determined after a full and complete use. If the card is issued to the office Section 3. That this ordinance is canvass by the Director of Public of an appointing authority, the declared to be an emergency measure Utilities for the purpose of compiling appointing authority is liable in and, provided it receives the a list. The compensation to be paid for person and upon any official bond of affirmative vote of two-thirds of all the services shall be fixed by the the appointing authority for the the members elected to Council, it Board of Control. The contract or amount charged to the City beyond the shall take effect and be in force contracts authorized shall be prepared authorized amount or for the amount immediately upon its passage and by the Director of Law, and approved of unauthorized use. approval by the Mayor; otherwise it and certified by the Director of (f) Any time a City credit card shall take effect and be in force from Finance. authorized for use under this section and after the earliest period allowed Section 4. That the Director of is used for more than the amount by law. Public Utilities is authorized to make appropriated and not otherwise Referred to Directors of Finance, one or more written standard purchase unencumbered or is used for an Law; Committee on Finance. contracts and written requirement unauthorized use, the City Treasury contracts under the Charter and the shall be reimbursed for any amount Ord. No. 668-17. Codified Ordinances of Cleveland, spent beyond the appropriated, By Council Members Pruitt and Ohio, 1976, for a period of one year, for otherwise unencumbered amount, or Kelley (by departmental request). the necessary items of materials, for the amount of unauthorized use, in An emergency ordinance authoriz- equipment, supplies, and services not the following manner: ing the Director of Public Utilities obtained under Sections 1 or 2 of this (1) If the card is issued in the name to employ one or more consultants ordinance, including labor and of a specific officer or employee, that or vendors to provide professional materials if necessary, to be officer or employee is liable in person services necessary to perform gen- purchased by the Commissioner of and upon any official bond of the eral information technology Purchases and Supplies on a unit basis 921 30 The City Record May 24, 2017 for the Department of Public Utilities. additional sober/recovery beds at Section 3. That the Director of Bids shall be taken in a manner that various facilities in the City of Public Safety shall have the authority permits an award to be made for all Cleveland; and to extend the term of the grant during items as a single contract, or by Whereas, this ordinance consti- the grant term. separate contract for each or any tutes an emergency measure provid- Section 4. That the Director of combination of the items as the Board ing for the usual daily operation of Public Safety is authorized to enter of Control determines. a municipal department; now, there- into one or more contracts with the Section 5. That the Director of fore, Cuyahoga County Medical Examiner Public Utilities is authorized to enter Be it ordained by the Council of and the Cleveland Rape Crisis Center into any third-party software license the City of Cleveland: to implement the grant as described in agreements that are necessary to Section 1. That the Director of the file. implement this ordinance. Public Health is authorized to enter Section 5. That the Director of Section 6. That the costs of the into a tri-party agreement with the Public Safety is authorized to employ requirement contract or contracts County of Cuyahoga and ADAMHS by contract or contracts one or more shall be charged against the proper to implement the Tackling Heroin vendors or one or more firms of appropriation accounts and the Partnership, for a period of one vendors for the purpose of Director of Finance shall certify the year. The agreement will provide, supplementing the regularly amount of any purchase under the among other things, that all parties, employed staff of the several contract, each of which purchases including ADAMHS, will contribute departments of the City of Cleveland shall be made on order of the funds so that ADAMHS can imple- for the acquisition of one or more Commissioner of Purchases and ment an aggressive plan to tackle JusticeTrax software licenses, Supplies by a delivery order issued the heroin epidemic in Cleveland. A including training, maintenance, and against the contract or contracts and summary of the program in placed support during the grant term. certified by the Director of Finance. in File No. 669-17-A. The selection of the vendor or firm Section 7. That under Section 108(b) Section 2. That the Director of of vendors for the services shall be of the Charter, the purchases Public Health is authorized to enter made by the Board of Control on the authorized by this ordinance may be into any agreement or agreements as nomination of the Director of Public made through cooperative needed to implement this ordinance. Safety from a list of qualified vendors arrangements with other Section 3. That the cost of the available for employment as may be governmental agencies. The Director contract or contracts shall not exceed determined after a full and complete of Public Utilities may sign all $250,000 and shall be paid from Fund canvass by the Director of Public documents that are necessary to make No. 01-5005-6320, RQS 5005, RL 2017-44. Safety for the purpose of compiling a the purchases, and may enter into one Section 4. That this ordinance is list. The compensation to be paid for or more contracts with the vendors declared to be an emergency measure the services shall be fixed by the selected through that cooperative and, provided it receives the Board of Control. The contract or process. affirmative vote of two-thirds of all contracts authorized shall be prepared Section 8. That the cost of the the members elected to Council, it by the Director of Law, approved by contracts authorized shall be paid shall take effect and be in force the Director of Public Safety, and from Fund Nos. 52 SF 001 and 58 SF immediately upon its passage and certified by the Director of Finance. 001, RQS 2002, RL 2017-34. approval by the Mayor; otherwise it Section 6. That the Director of Section 9. That this ordinance is shall take effect and be in force from Public Safety is authorized to employ and after the earliest period allowed declared to be an emergency measure by contract or contracts one or more by law. and, provided it receives the consultants or one or more firms for Referred to Directors of Public affirmative vote of two-thirds of all the purpose of supplementing the Health, Finance, Law; Committees on the members elected to Council, it regularly employed staff of the Health and Human Services, Finance. shall take effect and be in force several departments of the City of immediately upon its passage and Cleveland to provide professional Ord. No. 676-17. approval by the Mayor; otherwise it services needed for laboratory By Council Members Zone and shall take effect and be in force from services needed to implement the Kelley (by departmental request). and after the earliest period allowed An emergency ordinance authoriz- grant and for expert witness by law. ing the Director of Public Safety to testimony, during the grant term. Referred to Directors of Public apply for and accept a grant from The selection of the vendor or firm Utilities, Finance, Law; Committees the U.S. Department of Justice, of vendors for the services shall be on Utilities, Finance. Bureau of Justice Assistance, for the made by the Board of Control on the FY 17 Sexual Assault Kit Grant; and nomination of the Director of Public Ord. No. 669-17. authorizing the Director to enter Safety from a list of qualified By Mayor Jackson, Council into one or more contracts with to consultants available for employment Members Cummins and Kelley. implement the grant. as may be determined after a full and An emergency ordinance authoriz- Whereas, this ordinance consti- complete canvass by the Director of ing the Director of Public Health to tutes an emergency measure provid- Public Safety for the purpose of enter into a tri-party agreement ing for the usual daily operation of compiling a list. The compensation to with the County of Cuyahoga and a municipal department; now, there- be paid for the services shall be fixed the Alcohol, Drug Addiction and fore, by the Board of Control. The contract Mental Health Services Board of Be it ordained by the Council of or contracts authorized shall be Cuyahoga County to implement a the City of Cleveland: prepared by the Director of Law, heroin partnership strategy to Section 1. That the Director of approved by the Director of Public increase access to treatment and Public Safety is authorized to apply Safety, and certified by the Director of recovery services, for a period of for and accept a grant in the Finance. one year. approximate amount of $2,982,303, Section 7. That under Section 108(b) Whereas, heroin use across the and any other funds that may of the Charter, the purchases county has risen to epidemic pro- become available during the grant authorized by this ordinance may be portions and affects individuals of term, from the U.S. Department of made through cooperative all social classes; and Justice, Bureau of Justice Assis- arrangements with other Whereas, few people have the tance, to conduct the FY17 Sexual governmental agencies. The Director resources to overcome the problems Assault Kit Grant; that the Director of Public Safety may sign all associated with heroin use and other is authorized to file all papers and documents that are necessary to make addictions; and execute all documents necessary to the purchases, and may enter into one Whereas, to help put a stop to the receive the funds under the grant; or more contracts with the vendors heroin epidemic, prevention and and that the funds are appropriated selected through that cooperative intervention may be the most effec- for the purposes described in the process. tive treatment, including access to application for the grant contained Section 8. That the costs of the programs and treatment centers; in the file described below. contract or contracts authorized by and Section 2. That the application for this ordinance shall be paid from the Whereas, the City of Cleveland, the grant, File No. 676-17-A, made a fund or funds to which are credited the Cuyahoga County, and the Alcohol, part of this ordinance as if fully grant proceeds accepted under this Drug Addiction and Mental Health rewritten, as presented to the Finance ordinance. Services Board of Cuyahoga County Committee of this Council at the Section 9. That this ordinance is (“ADAMHS”) wish to form the public hearing on this legislation, is declared to be an emergency measure Tackling Heroin Partnership with a approved in all respects and shall not and, provided it receives the focus on increasing access to be changed without additional affirmative vote of two-thirds of all treatment and providing up to 70 legislative authority. the members elected to Council, it 922 May 24, 2017 The City Record 31 shall take effect and be in force retail dispensaries is necessary to Cleveland residents through the use immediately upon its passage and enable this Council to consider all of Ward 16 Casino Revenue Funds. approval by the Mayor; otherwise it relevant factors in order to make a Section 2. That the cost of said shall take effect and be in force from determination as to what action is contract shall be in an amount not to and after the earliest period allowed appropriate for the City; now there- exceed $15,000 and shall be paid from by law. fore, Fund No. 10 SF 188. Referred to Directors of Public Be it ordained by the Council of Section 3. That the Director of Law Safety, Finance, Law; Committees on the City of Cleveland: shall prepare and approve said Safety, Finance. Section 1. That, for the reasons contract and that the contract shall stated in the preamble to this ordi- contain such terms and provisions as Ord. No. 679-17. nance, this Council declares a mora- he deems necessary to protect the By Council Member Kelley. torium on the review and issuance City’s interest. An emergency ordinance declar- of zoning permits, certificates of Section 4. That this ordinance is ing a moratorium on the review and occupancy, and other license or per- hereby declared to be an emergency issuance of zoning permits, certifi- mit applications that would enable measure and, provided it receives the cates of occupancy, and other processors and retail dispensaries of affirmative vote of two-thirds of all license or permit applications that medical marijuana in the City of the members elected to Council, it would enable processors and retail Cleveland until October 26, 2017. shall take effect and be in force dispensaries of medical marijuana This moratorium does not extend to immediately upon its passage and in the City of Cleveland; this mora- the review and issuance of zoning approval by the Mayor; otherwise it torium does not extend to the permits, certificates of occupancy, shall take effect and be in force from issuance of zoning permits, certifi- and other license or permit applica- and after the earliest period allowed cates of occupancy, and other tions that would enable cultivators by law. license or permit applications that of medical marijuana in the City of Motion to suspend rules, Charter, would enable cultivators of medical Cleveland, in accordance with the and statutory provisions and place marijuana in the City of Cleveland, Ohio Department of Commerce rules on final passage. in accordance with the Ohio Depart- and local ordinances. The rules were suspended. Yeas ment of Commerce rules and local Section 2. That Ordinance No. 1016- 17. Nays 0. Read second time. Read ordinances; and repealing Ordinance 16, passed October 24, 2016, that third time in full. Passed. Yeas 17. No. 1016-16, passed October 24, 2016. declared a moratorium on the review Nays 0. Whereas, Substitute House Bill and issuance of zoning permits, 523, which legalizes the cultivation, certificates of occupancy, and other Ord. No. 663-17. processing and retail dispensing of license or permit applications that By Council Members Pruitt, Reed, medical marijuana in Ohio became would enable cultivators, processors McCormack, K. Johnson, Cleveland, effective on September 8, 2016; and and retail dispensaries of medical Polensek, Conwell, J. Johnson, Brady, Whereas, among other things, this marijuana in the City of Cleveland is Brancatelli, Kelley, Cummins, Zone, bill permits patients in Ohio to use repealed. Kazy, and Keane. medical marijuana on the recom- Section 3. That, as used in this An emergency ordinance authoriz- mendation of physicians; creates ordinance, “cultivators”, “processors”, ing the Director of the Department state regulatory oversight of the and “retail dispensaries” shall have of Public Safety to enter into agree- cultivation, processing, retail sale, the same meanings as in Substitute ment with the Cleveland Police use and physician recommendation House Bill 523 and Chapter 3796 of the Foundation for the Community of medical marijuana; and prohibits Revised Code. Policing Initiative through the use a cultivator, processor, retail dis- Section 4. That this ordinance is pensary or laboratory from locating hereby declared to be an emergency of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, or relocating within 500 feet of a measure and, provided it receives the 13, 14, 15, 16, and 17 Casino Revenue school, church, public library, public affirmative vote of two-thirds of all Funds. playground or public park; and the members elected to Council, it Whereas, this ordinance consti- Whereas, Substitute House Bill shall take effect and be in force tutes an emergency measure provid- 523 further authorizes the legisla- immediately upon its passage and ing for the usual daily operation of tive authority of a municipality to approval by the Mayor; otherwise it a municipal department; now, there- adopt regulations to prohibit or shall take effect and be in force from fore, limit the number of medical mari- and after the earliest period allowed Be it ordained by the Council of juana cultivators, processors or by law. the City of Cleveland: retail dispensaries located within its Referred to Directors of City Section 1. That the Director of the borders; and Planning Commission, Finance, Law; Department of Public Safety is here- Whereas, this Council requires Committees on Development Planning by authorized to enter into agree- time to review all applicable state and Sustainability, Finance. ment with the Cleveland Police and local laws to make recommen- Foundation for Community Policing dations on possible zoning prohibi- FIRST READING EMERGENCY Initiative for the public purpose of tions and limitations of the process- ORDINANCES READ IN FULL providing community policing edu- ing and retail sale of medical mar- AND PASSED cation, programming and safety ijuana, to determine compatibility activities to at-risk youth residing with the city’s land use plans and Ord. No. 662-17. in the city of Cleveland through the their effects on surrounding land By Council Member Kazy. use of Wards 1, 2, 3, 4, 5, 8, 9, 10, uses, and to maintain the public An emergency ordinance authoriz- 11, 12, 13, 14, 15, 16, and 17 Casino health, safety and welfare; and ing the Director of the Department Revenue Funds. Whereas, the Ohio Department of of the Department of Community Section 2. That the cost of said Commerce adopted rules governing Development to enter into an agree- contract shall be in an amount not to medical marijuana cultivators effec- ment with Bellaire-Puritas Develop- exceed $28,500 and shall be paid from tive May 6, 2017 per House Bill 523, ment Corporation for the Summer Fund No. 10 SF 177. and will accept applications for Safety Education Series in the Park Section 3. That the Director of Law medical marijuana cultivator provi- Expo through the use of Ward 16 shall prepare and approve said sional licenses through a competi- Casino Revenue Funds. contract and that the contract shall tive process in June 2017; and Whereas, this ordinance consti- contain such terms and provisions as Whereas, this Council does not tutes an emergency measure provid- he deems necessary to protect the want to preclude cultivators of med- ing for the usual daily operation of City’s interest. ical marijuana from applying for a municipal department; now, there- Section 4. That this ordinance is provisional licenses in accordance fore, hereby declared to be an emergency with the rules issued by the Ohio Be it ordained by the Council of measure and, provided it receives the Department of Commerce; and the City of Cleveland: affirmative vote of two-thirds of all Whereas, this ordinance consti- Section 1. That the Director of the the members elected to Council, it tutes an emergency measure for the Department of Community Develop- shall take effect and be in force immediate preservation of the pub- ment into agreement effective April immediately upon its passage and lic peace, property, health, safety, or 1, 2017 with the Bellaire-Puritas approval by the Mayor; otherwise it welfare in that a moratorium on the Development Corporation for the shall take effect and be in force from review and issuance of zoning per- Summer Safety Education Series in and after the earliest period allowed mits, certificates of occupancy, and the Park Expo for the public pur- by law. other license or permit applications pose of providing safety education Motion to suspend rules, Charter, for medical marijuana-related busi- programming on drug use, violence and statutory provisions and place nesses including processors and and crime prevention to city of on final passage. 923 32 The City Record May 24, 2017

The rules were suspended. Yeas the use of Ward 2 Casino Revenue Whereas, this ordinance consti- 17. Nays 0. Read second time. Read Funds. tutes an emergency measure provid- third time in full. Passed. Yeas 17. Section 2. That the cost of said ing for the usual daily operation of Nays 0. contract shall be in an amount not to a municipal department; now, there- exceed $3,250 and shall be paid from fore, Ord. No. 664-17. Fund No. 10 SF 188. Be it ordained by the Council of By Council Members Pruitt, K. Section 3. That the Director of Law the City of Cleveland: Johnson, Cleveland, Polensek, shall prepare and approve said Section 1. That the Director of the Conwell, and Keane. contract and that the contract shall Department of Community Develop- An emergency ordinance authoriz- contain such terms and provisions as ment is hereby authorized to enter ing the Director of the Department he deems necessary to protect the into agreement effective June 1, of Community Development to enter City’s interest. 2017 with Union Miles Development into agreement with Neighborhood Section 4. That this ordinance is Corporation for the Family Unity Leadership Institute for the Neigh- hereby declared to be an emergency Day Expo for the public purpose for borhood Leadership Program measure and, provided it receives the providing information and education through the use of Wards 1, 4, 5, 8, affirmative vote of two-thirds of all on the social support programs and 9 and 17 Casino Revenue Funds. the members elected to Council, it services that are available for low Whereas, this ordinance consti- shall take effect and be in force to moderate income families resid- tutes an emergency measure provid- immediately upon its passage and ing in the city of Cleveland through ing for the usual daily operation of approval by the Mayor; otherwise it the use of Ward 2 Casino Revenue a municipal department; now, there- shall take effect and be in force from Funds. fore, and after the earliest period allowed Section 2. That the cost of said Be it ordained by the Council of by law. contract shall be in an amount not to the City of Cleveland: Motion to suspend rules, Charter, exceed $13,500 and shall be paid from Section 1. That the Director of the and statutory provisions and place Fund No. 10 SF 188. Department of Community Develop- on final passage. Section 3. That the Director of Law ment is hereby authorize to enter The rules were suspended. Yeas shall prepare and approve said into agreement effective January 12, 17. Nays 0. Read second time. Read contract and that the contract shall 2017 with Neighborhood Leadership third time in full. Passed. Yeas 17. contain such terms and provisions as Institute for the Neighborhood Lead- Nays 0. he deems necessary to protect the ership Program for the public pur- City’s interest. pose to provide leadership training Ord. No. 666-17. Section 4. That this ordinance is to City of Cleveland residents who By Council Member Polensek. hereby declared to be an emergency are active in neighborhood commu- An emergency ordinance amend- measure and, provided it receives the nity organizations through the use ing Section 2 of Ordinance No. 745- affirmative vote of two-thirds of all of Wards 1, 4, 5, 8, 9, and 17 Casino 16, passed June 6, 2016 as amended the members elected to Council, it Revenue Funds. by Ordinance No. 1125-16, passed Sep- shall take effect and be in force tember 19, 2016 as it pertains to the Section 2. That the cost of said immediately upon its passage and interior and exterior renovation contract shall be in an amount not to approval by the Mayor; otherwise it exceed $7,750.00 and shall be paid from improvement of the LaSalle Theater shall take effect and be in force from Fund No. 10 SF 188. through the use of Ward 8 Neigh- and after the earliest period allowed Section 3. That the Director of Law borhood Capital Funds. by law. shall prepare and approve said Whereas, this ordinance consti- Motion to suspend rules, Charter, contract and that the contract shall tutes an emergency measure provid- and statutory provisions and place contain such terms and provisions as ing for the usual daily operation of he deems necessary to protect the a municipal department; now, there- on final passage. City’s interest. fore, The rules were suspended. Yeas Section 4. That this ordinance is Be it ordained by the Council of 17. Nays 0. Read second time. Read hereby declared to be an emergency the City of Cleveland: third time in full. Passed. Yeas 17. measure and, provided it receives the Section 1. That Section 2 of Ordi- Nays 0. affirmative vote of two-thirds of all nance No. 745-16, passed June 6, 2016 the members elected to Council, it as amended by Ordinance No. 1125- Ord. No. 675-17. shall take effect and be in force 16, passed September 19, 2016 are By Council Member McCormack. immediately upon its passage and hereby amended to read as follow: An emergency ordinance authoriz- approval by the Mayor; otherwise it Section 2. That the cost of said ing the Director of the Department shall take effect and be in force from contract shall be in an amount not to of Community Development to enter and after the earliest period allowed exceed $120,000 and shall be paid from into agreement with the Metanoia by law. Fund No. 10 SF 177. Project for the Homeless Outreach Motion to suspend rules, Charter, Section 2. That Section 2 of Services Program through the use of and statutory provisions and place Ordinance No. 745-16, passed June 6, Ward 3 Casino Revenue Funds. on final passage. 2016 as amended by Ordinance No. Whereas, this ordinance consti- The rules were suspended. Yeas 1125-16, passed September 19, 2016 is tutes an emergency measure provid- 17. Nays 0. Read second time. Read hereby repealed. ing for the usual daily operation of third time in full. Passed. Yeas 17. Section 3. That this ordinance is a municipal department; now, there- Nays 0. hereby declared to be an emergency fore, measure and, provided it receives the Be it ordained by the Council of Ord. No. 665-17. affirmative vote of two-thirds of all the City of Cleveland: By Council Member Reed. the members elected to Council, it Section 1. That the Director of the An emergency ordinance authoriz- shall take effect and be in force Department of Community Develop- ing the Director of the Department immediately upon its passage and ment is hereby authorized to enter of Community Development to enter approval by the Mayor; otherwise it into agreement with the Metanoia into an agreement with the Mount shall take effect and be in force from Project for the Homeless Outreach Pleasant NOW Development Corpo- and after the earliest period allowed Services Program for the public pur- ration for the Neighborhood Beauti- by law. pose of providing social service sup- fication Program through the use of Motion to suspend rules, Charter, port to the homeless population Ward 2 Casino Revenue Funds. and statutory provisions and place residing in the city of Cleveland Whereas, this ordinance consti- on final passage. through the use of Ward 3 Casino tutes an emergency measure provid- The rules were suspended. Yeas Revenue Funds. ing for the usual daily operation of 17. Nays 0. Read second time. Read Section 2. That the cost of said a municipal department; now, there- third time in full. Passed. Yeas 17. contract shall be in an amount not to fore, Nays 0. exceed $10,000 and shall be paid from Be it ordained by the Council of Fund No. 10 SF 188. the City of Cleveland: Ord. No. 674-17. Section 3. That the Director of Law Section 1. That the Director of the By Council Member Reed. shall prepare and approve said Department of Community Develop- An emergency ordinance authoriz- contract and that the contract shall ment is authorized to enter into an ing the Director of the Department contain such terms and provisions as agreement with the Mount Pleasant of Community Development to enter he deems necessary to protect the NOW Development Corporation for into agreement with Union Miles City’s interest. the Neighborhood Beautification Development Corporation for the Section 4. That this ordinance is Program for the public purpose of Family Unity Day Expo through the hereby declared to be an emergency eliminating slum and blight in use of Ward 2 Casino Revenue measure and, provided it receives the Cleveland neighborhoods through Funds. affirmative vote of two-thirds of all 924 May 24, 2017 The City Record 33 the members elected to Council, it State Liquor & Market, 7401-7405 The rules were suspended. Yeas shall take effect and be in force Central Avenue, 1st floor and base- 17. Nays 0. Read second time. Read immediately upon its passage and ment, Cleveland, Ohio 44104, Permit third time in full. Passed. Yeas 17. approval by the Mayor; otherwise it Number 3452641 by Resolution No. Nays 0. shall take effect and be in force from 977-16, adopted by the Council on and after the earliest period allowed August 10, 2016; and Ord. No. 281-17. by law. Whereas, this Council wishes to By Council Members Brancatelli Motion to suspend rules, Charter, withdraw its objection to the above and Kelley (by departmental request). and statutory provisions and place permit and consents to said permit; An emergency ordinance to repeal on final passage. and Sections 365.01 to 365.07 and 367.99 The rules were suspended. Yeas Whereas, this resolution consti- the Codified Ordinances of Cleve- 17. Nays 0. Read second time. Read tutes an emergency measure provid- land, Ohio, 1976, as amended by var- third time in full. Passed. Yeas 17. ing for the usual daily operation of ious ordinances; and to supplement Nays 0. a municipal department; now, there- the codified ordinances by enacting fore, Sections 365.01 to 365.07 and 367.99 FIRST READING EMERGENCY Be it resolved by the Council of the relating to rental registration and RESOLUTIONS READ IN FULL City of Cleveland: penalty; and to rename Chapter 365 AND ADOPTED Section 1. That objection to the to “Rental Registration.” renewal of a C1 and C2 Liquor Per- Approved by Directors of Building Res. No. 672-17. mit to Gurdev, Inc., DBA Deeps and Housing, Finance, Law; Passage By Council Member Cleveland. State Liquor & Market, 7401-7405 recommended by Committees on An emergency resolution with- Central Avenue, 1st floor and base- Development Planning and drawing objection to the transfer of ment, Cleveland, Ohio 44104, Permit Sustainability, when amended, as ownership of a C2, C2X and D6 Number 3452641, be and the same is follows: Liquor Permit at 2747 Cedar Avenue, hereby withdrawn and Resolution 1. In Section 2, at new Section 1st floor and basement and repeal- No. 977-16, containing such objection, 365.01(b), lines 2 and 3, strike “rent- ing Resolution No. 1121-16, objecting be and the same is hereby repealed ed, leased, or occupied without a to said permit. and that this Council consents to the Certificate of Rental Registration”. Whereas, this Council objected to immediate permit thereof. 2. In Section 2, strike new Section the transfer of ownership of a C2, Section 2. That this resolution is 365.05 in its entirety and insert the C2X and D6 Liquor Permit to 2747 hereby declared to be an emergency following: Food, Inc., DBA 28th Street Super- measure and provided it receives the “Section 365.05 Fees market, 2747 Cedar Avenue, 1st floor affirmative vote of two-thirds of all (a) An application for a certifi- and basement, Cleveland, Ohio 44115, the members elected to Council, it cate of rental registration shall be Permit No. 9115175 by Resolution No. shall take effect and be in force accompanied by a nonrefundable fee 1121-16 adopted by the Council on immediately upon its adoption and calculated under the following September 19, 2016; and approval by the Mayor; otherwise, it schedule: Whereas, this Council wishes to shall take effect and be in force from For Each Unit: Thirty-five dollar ($35.00) Rental Registration Fee. withdraw its objection to the above and after the earliest period allowed (b) Rental Unit Exemptions: permit and consents to said permit; by law. (1) No fee shall be charged for a and Motion to suspend rules, Charter, unit occupied by the owner. Whereas, this resolution consti- and statutory provisions and place (2) No fee shall be charged for a tutes an emergency measure provid- on final adoption. unit for which the owner does not ing for the usual daily operation of The rules were suspended. Yeas receive rent or anything else of a municipal department; now, there- 17. Nays 0. Read second time. Read value. fore, third time in full. Adopted. Yeas (3) The Director of Building and Be it resolved by the Council of the 17. Nays 0. Housing shall create rules and reg- City of Cleveland: ulations establishing guidelines for Section 1. That objection to the SECOND READING EMERGENCY fee exemptions. transfer of ownership of a C2, C2X ORDINANCES PASSED (c) No fees shall be collected from and D6 Liquor Permit to 2747 Food, any one (1) owner for all properties Inc., DBA 28th Street Supermarket, Ord. No. 203-17. owned by that owner within the 2747 Cedar Avenue, 1st floor and By Council Members Conwell, K. City in excess of fifteen thousand basement, Cleveland, Ohio 44115, Johnson and Brancatelli (by dollars ($15,000.00) per calendar Permit No. 9115175, be and the same departmental request). year. is hereby withdrawn and Resolution An emergency ordinance authoriz- (d) A certificate may be renewed No. 1121-16, containing such objec- ing the Director of Capital Projects prior to expiration on application tion, be and the same is hereby to issue a permit to University Cir- and payment of the fee described repealed and that this Council con- cle Inc. to encroach into the public above. A certificate that has sents to the immediate permit there- rights-of-way of Juniper Road and expired may be renewed on payment of. Ford Drive by installing, using, and of an additional fee of fifty dollars Section 2. That this resolution is maintaining a landscaped median, ($50.00).”. hereby declared to be an emergency including a sidewalk and planting Amendments agreed to. measure and provided it receives the beds. The rules were suspended. Yeas affirmative vote of two-thirds of all Approved by Directors of Capital 17. Nays 0. Read second time. Read the members elected to Council, it Projects, City Planning Commission, third time in full. Passed. Yeas 17. shall take effect and be in force Finance, Law; Passage recommended Nays 0. immediately upon its adoption and by Committees on Municipal Services In compliance with Section 33 of approval by the Mayor; otherwise, it and Properties, Development Panning the Charter a copy of the legislation shall take effect and be in force from and Sustainability. was furnished to each member of and after the earliest period allowed The rules were suspended. Yeas Council before final passage. by law. 17. Nays 0. Read second time. Read Motion to suspend rules, Charter, third time in full. Passed. Yeas 17. Ord. No. 287-17. and statutory provisions and place Nays 0. By Council Members K. Johnson and on final adoption. Kelley (by departmental request). The rules were suspended. Yeas Ord. No. 244-17. An emergency ordinance authoriz- 17. Nays 0. Read second time. Read By Council Members Brancatelli ing the Director of Public Works to third time in full. Adopted. Yeas and Kelley (by departmental request). enter into one or more contracts 17. Nays 0. An emergency ordinance to amend with City Year, Inc. to perform com- Sections 3 and 9 of Ordinance No. munity service work and to collabo- Res. No. 673-17. 856-07, passed May 21, 2007, as rate with various non-profit agen- By Council Member Cleveland. amended by various ordinances, cies. An emergency resolution with- relating to establishing the City of Approved by Directors of Public drawing objection to the renewal of Cleveland as a Community Rein- Works, Finance, Law; Passage a C1 and C2 Liquor Permit at 7401- vestment Area under Section 3735.65 recommended by Committees on 05 Central Avenue, 1st floor and et seq. of the Ohio Revised Code. Municipal Services and Properties, basement and repealing Resolution Approved by Directors of Finance. No. 977-16 objecting to said renewal. Community Development, Finance, The rules were suspended. Yeas Whereas, this Council objected to Law; Passage recommended by 17. Nays 0. Read second time. Read the renewal of a C1 and C2 Liquor Committees on Development Planning third time in full. Passed. Yeas 17. Permit to Gurdev, Inc., DBA Deeps and Sustainability, Finance. Nays 0. 925 34 The City Record May 24, 2017

Ord. No. 390-17. Lorain Avenue and Turn Avenue SECOND READING EMERGENCY By Council Members K. Johnson and with a secondary and honorary des- RESOLUTION ADOPTED Kelley (by departmental request). ignation of “Sister Maureen Doyle An emergency ordinance Way”. Res. No. 630-17. authorizing the purchase by one or Approved by Committee on Finance. By Council Member Kelley. more requirement contracts of rock The rules were suspended. Yeas An emergency resolution encour- salt, for the Division of Streets, 17. Nays 0. Read second time. Read aging all schools and labor unions Department of Public Works, for a third time in full. Passed. Yeas 17. to collaborate and work together to period of one year. Nays 0. serve the best interest of our stu- Approved by Directors of Public dents, and to ensure that teachers Works, Finance, Law; Passage rec- SECOND READING may join a union. ommended by Committees on Munic- ORDINANCES PASSED Approved by Committee on ipal Services and Properties, Finance. Finance. Ord. No. 236-17. The rules were suspended. Yeas The rules were suspended. Yeas By Council Member Kazy. 17. Nays 0. Read second time. Read 17. Nays 0. Read second time. Read An ordinance establishing an third time in full. Adopted. Yeas 17. third time in full. Passed. Yeas 17. Urban Form Overlay District and Nays 0. Nays 0. designating an Urban Frontage Line along Lorain Ave. between West Ord. No. 447-17. MOTION By Council Members K. Johnson and 136th Street and West 143rd Street Kelley (by departmental request). and as shaded on the attached map The Council Meeting adjourned at An emergency ordinance (Map Change No. 2550). 8:20 p.m. to meet on Monday, June authorizing the Director of Public Approved by Directors of City 5, 2017, at 7:00 p.m. in the Council Works to lease certain property Planning Commission, Law; Passage Chamber. located at 14550 Lorain Avenue from recommended by Committee on Pleasant Valley Enterprises Limited Development Planning and Sustain- Partnership, for the public purpose of ability. providing a base of operations for The rules were suspended. Yeas services provided in the northwest 17. Nays 0. Read second time. Read section of the City, for a term of one third time in full. Passed. Yeas 17. year, with a one year option to renew, Nays 0. exercisable by the Director of Public Works. Ord. No. 278-17. Approved by Directors of Public By Council Member McCormack. Works, Finance, Law; Passage An ordinance changing the Area Allan Dreyer recommended by Committees on District of lands situated along the Deputy Clerk/Clerk of Council Municipal Services and Properties, east side of Walworth Avenue, north Pro Tempore Finance. of Junction Road, south of I-90 from The rules were suspended. Yeas an RA2 Distict to an RA3 District 17. Nays 0. Read second time. Read as identified on the attached map third time in full. Passed. Yeas 17. (Map Change No. 2558). THE CALENDAR Nays 0. Approved by Directors of City Planning Commission, Law; Passage Ord. No. 448-17. recommended by Committee on The following measures will be on By Council Members K. Johnson and Development Planning and Sustain- their final passage at the next Kelley (by departmental request). ability. meeting: An emergency ordinance The rules were suspended. Yeas determining the method of making the 17. Nays 0. Read second time. Read NONE public improvement for the grinding of pavement for the local resurfacing third time in full. Passed. Yeas 17. Nays 0. of city streets and authorizing the BOARD OF CONTROL Director of Public Works to enter into one or more public improvement Ord. No. 366-17. requirement contracts for the making By Council Member Cummins. May 17, 2017 of the improvement, for a period up to An ordinance changing the Use, one year. Area and Height District of parcels The Regular meeting of the Board Approved by Directors of Public along Meyer Avenue between West of Control convened in the Mayor’s Works, Finance, Law; Passage 25th Street and West 30th Street and office on Wednesday, May 17, 2017 recommended by Committees on as identified on the attached map at 10:36 a.m. with Director Langhen- Municipal Services and Properties, (Map Change No. 2555). ry presiding. Approved by Directors of City Finance. Present: Directors Langhenry, Planning Commission, Law; Passage The rules were suspended. Yeas Davis, Kennedy, Cox, Gordon, Act- 17. Nays 0. Read second time. Read recommended by Committee on ing Director Withers, Directors Cos- third time in full. Passed. Yeas 17. Development Planning and Sustain- grove, West, Interim Director Eber- Nays 0. ability. sole, and Acting Director Odom, The rules were suspended. Yeas Interim Director Donald. Ord. No. 449-17. 17. Nays 0. Read second time. Read Absent: Mayor Jackson and Direc- By Council Members K. Johnson and third time in full. Passed. Yeas 17. Kelley (by departmental request). Nays 0. tor Dumas. An emergency ordinance Others: Tiffany White Johnson, authorizing the Director of Public Ord. No. 441-17. Commissioner, Purchases & Sup- Works to enter into various written By Council Member Zone. plies. standard purchase and requirement An ordinance changing the Use, Matthew Spronz, Director, Mayor’s contracts needed to upgrade the main Area, and Height Districts along Office of Capital Projects. fire panel of the existing fire alarm Lorain Avenue between West 50th Melissa Burrows, Director, Office system located in Public Auditorium, Street and West 65th Street and of Equal Opportunity. including labor and materials if replacing the PRO District with an On motions, the resolutions necessary. Urban Form Overlay District along attached were adopted, except as Approved by Directors of Public may be otherwise noted. Works, Finance, Law; Passage Lorain between West 50th Street and West 61st Street on the north recommended by Committees on Resolution No. 250-17. Municipal Services and Properties, and south sides of the street as By Mayor Jackson. Finance. shown on the attached map (Map Whereas, Ordinance No. 69-17, The rules were suspended. Yeas Change No. 2553). 17. Nays 0. Read second time. Read Approved by Directors of City passed by the Cleveland City Coun- third time in full. Passed. Yeas 17. Planning Commission, Law; Passage cil January 30, 2017, enacts new Sec- Nays 0. recommended by Committee on tion 123.09 of the Codified Ordi- Development Planning and Sustain- nances of Cleveland, Ohio, 1976 Ord. No. 612-17. ability. which section provides that, with By Council Member McCormack and The rules were suspended. Yeas the concurrence of the Board of Con- Zone. 17. Nays 0. Read second time. Read trol, the Office of Quality Control An emergency ordinance desig- third time in full. Passed. Yeas 17. and Performance Management is nating West 47th Street between Nays 0. established in the Office of the 926 May 24, 2017 The City Record 35

Mayor, to be administered and con- ordered under delivery orders sepa- (e) of Section 181.102 C.O., the com- trolled by a Director of Quality Con- rately certified to the contract. pensation to be paid American Asso- trol and Performance Management; Yeas: Directors Langhenry, Davis, ciation of Airport Executives to and Kennedy, Cox, Gordon, Acting Direc- upgrade the Interactive Employee Whereas, Section 77 of the Char- tor Withers, Directors Cosgrove, Training system to the web-based ter of the City of Cleveland requires West, Interim Director Ebersole, and version of the platform and the cre- the concurrence of this Board of Acting Director Odom, Interim ation of new Movement Area Driver Control prior to establishing or dis- Director Donald. Training and Customer Service continuing any division or office; Nays: None. courses, shall not exceed $79,460.00 now, therefore, Absent: Mayor Jackson and Direc- per year. Be it resolved by the Board of tor Dumas. Yeas: Directors Langhenry, Davis, Control of the City of Cleveland that Kennedy, Cox, Gordon, Acting Direc- this Board concurs in the establish- Resolution No. 252-17. tor Withers, Directors Cosgrove, ment of the Office of Quality Con- By Director Davis. West, Interim Director Ebersole, and trol and Performance Management Be it resolved, by the Board of Acting Director Odom, Interim in the Office of the Mayor, under the Control of the City of Cleveland that Director Donald. terms and conditions set forth in all bids received on March 2, 2017 Nays: None. Section 123.09 of the Codified Ordi- for an estimated quantity for the Absent: Mayor Jackson and Direc- nances of Cleveland, Ohio, 1976. necessary items of various types of tor Dumas. Be it further resolved that the Sec- machines and equipment, and labor retary of the Board of Control is and materials to repair and/or Resolution No. 254-17. instructed to file a certified copy of replace parts or equipment to main- By Director Kennedy. this resolution with the Clerk of tain various types of machines and Whereas, under the authority of Council immediately upon the adop- equipment, Group B, Item 47 and Ordinance No. 181.102 C.O., passed by tion of this resolution for attach- Group C, Item 76 for the Divisions the Council of the City of Cleveland ment to Ordinance No. 69-17. of Water, Water Pollution Control, on June 9, 2008, the City through its Yeas: Directors Langhenry, Davis, and Cleveland Public Power, Depart- Director of Port Control, entered Kennedy, Cox, Gordon, Acting Direc- ment of Public Utilities, under the into Contract No. PS2016*185 with tor Withers, Directors Cosgrove, authority of Ordinance No. 431-16, Critical Business Analysis, Inc. to West, Interim Director Ebersole, and passed May 9, 2016, are rejected. provide professional services neces- Acting Director Odom, Interim Yeas: Directors Langhenry, Davis, sary to provide licensing, hosting Director Donald. Kennedy, Cox, Gordon, Acting Direc- and maintenance, user support and Nays: None. tor Withers, Directors Cosgrove, training for the Oracle Primavera Absent: Mayor Jackson and Direc- West, Interim Director Ebersole, and Contract Manager software appli- tor Dumas. Acting Director Odom, Interim cate for the Department of Port Con- Director Donald. trol; and Resolution No. 251-17. Nays: None. Whereas, when a director has By Director Davis. Absent: Mayor Jackson and Direc- been authorized to contract with a Be it resolved by the Board of tor Dumas. software developer or vendor, divi- Control of the City of Cleveland that sion (d) of Section 181.102 C.O. the bid of Colony Hardware Corpo- Resolution No. 253-17. authorizes the director of the depart- ration dba Phillips Contractors Sup- By Director Kennedy. ment for which the software is ply of an estimated quantity of the Whereas, under the authority of acquired to enter into an agreement necessary items of various types of Ordinance No. 1404-07, passed by the with the software vendor for pro- machines and equipment, and labor Council of the City of Cleveland on fessional services necessary to and materials to repair and/or November 12, 2007, and Board of implement or maintain the software replace parts or equipment to main- Control Resolution No. 267-10, adopt- system, including but not limited to tain various types of machines and ed June 30, 2010, the City through maintenance, repair, upgrades, equipment, Group A, all items, its Director of Port Control, entered enhancements, training and techni- Group B, Items 33, 35, 37-39, 44, 50 into Contract No. PS2010*262 with cal support; and and 53-55, Group C, Items 56, 58, 60, American Association of Airport Whereas, under the authority of 62, 68 and 72-75, for the Department Executives (“Consultant”) to pro- Section 181.102 C.O. the City intends of Public Utilities, for a period of vide an interactive, standalone, com- to enter into a contract with Criti- two years starting upon the later of puter based video training system cal Business Analysis, Inc. for the the execution of a contract or the with automated tracking and stor- installation of upgrades, mainte- day following expiration of the cur- age of training records and hard- nance, training and professional ser- rently effective contract for the ware and software services and vices for the construction contract goods or services, with a one-year maintenance program for a period of management system at Cleveland option to renew, received on March two years with two one-year options Hopkins International Airport, for a 2, 2017 under the authority of Ordi- to renew, for the Department of Port period of one year starting upon nance No. 431-16, passed May 9, 2016, Control; and execution; now, therefore, which on the basis of the estimated Whereas, when a director has Be it resolved by the Board of quantity would amount to $845,087.15 been authorized to contract with a Control of the City of Cleveland (Net 30 Days), is affirmed and software developer or vendor, divi- that, under the authority of division approved as the lowest and best bid, sion (d) of Section 181.102 C.O. (e) of Section 181.102 C.O., the com- and the Director of Public Utilities authorizes the director of the depart- pensation to be paid Critical Busi- is requested to enter into a require- ment for which the software is ness Analysis, Inc. to provide instal- ment contract for the goods and/or acquired to enter into an agreement lation of upgrades, maintenance, services necessary for the specified with the software vendor for pro- training and professional services items. fessional services necessary to for the construction contract man- Be it further resolved that accord- implement or maintain the software agement system at Cleveland Hop- ing to Section 181.25(a) of the Cod- system, including but not limited to kins International Airport, shall not ified Ordinances of Cleveland, Ohio, maintenance, repair, upgrades, exceed $29,990.00. 1976, the informality and irregulari- enhancements, training and techni- Yeas: Directors Langhenry, Davis, ty of the insufficiency of the bid cal support; and Kennedy, Cox, Gordon, Acting Direc- check submitted by Colony Hard- Whereas, under the authority of tor Withers, Directors Cosgrove, ware Corporation dba Phillips Con- Section 181.102 C.O. the City intends West, Interim Director Ebersole, and tractors Supply in the amount of to enter into an agreement with Acting Director Odom, Interim $39,219.86, which check is insuffi- American Association of Airport Director Donald. cient by an amount less than 10% Executives to upgrade the Interac- Nays: None. of the amount required under Sec- tive Employee Training system to Absent: Mayor Jackson and Direc- tion 181.24 C.O., is waived for the the web-based version of the plat- tor Dumas. reason that such waiver is in the form (“IET-LS”) and the creation of public interest. new Movement Area Driver Train- Resolution No. 255-17. The requirement contract shall ing and Customer Service courses By Director Kennedy. further provide that the Contractor for the Department of Port Control; Be it resolved by the Board of shall furnish all the City’s require- now, therefore, Control of the City of Cleveland that ments for such goods and/or ser- Be it resolved by the Board of the employment of the following vices, whether more or less than the Control of the City of Cleveland subcontractor by Bay Mechanical & estimated quantity, as may be that, under the authority of division Electric Corporation, under City 927 36 The City Record May 24, 2017

Contract No. PI2016*33, for the pub- as amended by Resolution No. 218- the Director of Public Safety as the lic improvement of the Emergency 17, not expressly amended by this firm to be employed by contract to Electrical Upgrades and Power resolution shall remain unchanged supplement the regularly employed Feeds to Main Substation #1 and #2 and in full force and effect. staff of the several departments of - Phase II at Cleveland Hopkins Yeas: Directors Langhenry, Davis, the City of Cleveland in order to pro- International Airport under the Kennedy, Cox, Gordon, Acting Direc- vide an audio-visual system authority of Ordinance No. 874-10, tor Withers, Directors Cosgrove, upgrades to the Emergency Opera- passed by the Council of the City of West, Interim Director Ebersole, and tions Center including software, Cleveland on October 4, 2010, and Acting Director Odom, Interim equipment and training for City of Board of Control Resolution No. 248- Director Donald. Cleveland personnel, for a period of 16, adopted May 25, 2016, is Nays: None. one year with one (1) one-year approved. Absent: Mayor Jackson and Direc- option to renew, for the Department tor Dumas. of Public Safety. Subcontractor CSB/MBE/FBE% Be it further resolved that the Amount Resolution No. 257-17. Director of Public Safety is autho- By Director Spronz. rized to enter into a contract with General Crane Rental Non-Certified Be it resolved by the Board of CineMassive Displays, LLC based $5,030.00 Control of the City of Cleveland that upon its proposal dated February 22, pursuant to the authority of Ordi- 2016, which contract shall be pre- Yeas: Directors Langhenry, Davis, nance No. 1024-16, passed by the pared by the Director of Law, shall Kennedy, Cox, Gordon, Acting Direc- Council of the City of Cleveland on provide for rendering the above- tor Withers, Directors Cosgrove, November 14, 2016, TRC Engineers, mentioned professional services as West, Interim Director Ebersole, and Inc. is selected upon the nomination described in the proposal for an Acting Director Odom, Interim of the Director of Capital Projects amount not to exceed $497,425.00, Director Donald. from a list of qualified engineering and shall contain such additional Nays: None. consultants or firms of such consul- provisions as the Director of Law Absent: Mayor Jackson and Direc- tants determined to be available deems necessary to protect and ben- efit the public interest. tor Dumas. after a full and complete canvass by Yeas: Directors Langhenry, Davis, the Director of Capital Projects as Kennedy, Cox, Gordon, Acting Direc- Resolution No. 256-17. the firm to be employed by contract tor Withers, Directors Cosgrove, By Director Kennedy. to supplement the regularly West, Interim Director Ebersole, and Be it resolved by the Board of employed staff of the several depart- Acting Director Odom, Interim Control of the City of Cleveland that ments of the City to obtain the engi- Director Donald. the amounts attributed to the fol- neering services necessary for the Nays: None. lowing sub-contractors approved in Rehabilitation of Fulton Road/ W. Absent: Mayor Jackson and Direc- Board of Control Resolution No. 403- 28th St, between Clark Avenue and tor Dumas. 16, as amended by Resolution No. Detroit Avenue. 218-17, adopted September 14, 2016 Be it further resolved that the Resolution No. 259-17. and May 3, 2017, respectively, Director of Capital Projects is autho- By Director Cox. approving a contract with Anthony rized to enter into a written contract Be it resolved, by the Board of Allega Cement Contractor, Inc to with TRC Engineers, Inc. based on Control of the City of Cleveland that provide design/build services for its proposal dated April 10, 2017, pro- the conditional bid of Gordon Food the public improvement of the CLE vided that the compensation to be Service, Inc., except for such terms Snow Removal Equipment Storage & paid shall not exceed $507,407.00. and conditions as are not acceptable Vehicle Maintenance Building Addi- The agreement authorized hereby to the Director of Law and the tion, City Contract No. PI 2016*041, shall be prepared by the Director of Director of Public Works, for an are amended as follows: Law and shall contain such other estimated quantity of 2017 summer provisions as the Director of Law food program - Camp Forbes, all Construction Sub-Contractors DBE/SBE deems necessary to protect and ben- items, for the Division of Recre- % Amount efit the public interest. ation, Department of Public Works, Be it further resolved that the for a period of one year, beginning RAR Contracting Co., Inc. DBE employment of the following sub- with the date of execution of a con- 6.65% $1,074,235.00 consultants by TRC Engineers, Inc. tract, received on April 12, 2017 for the above authorized contract is under the authority of Ordinance No. North Electric, Inc. DBE approved: 1200-16, passed by Cleveland City 7.15% $1,155,960.00 Council on November 14, 2016, which Chagrin Valley Engineering on the basis of the estimated quan- Southwest Companies, Inc. SBE (CSB) — $131,925.00 — (26.00%) tity would amount to $82,746.38 .55% $ 89,479.00 (Net), is affirmed and approved as Solar Testing Laboratories the lowest and best bid, and the Fox Fire, Inc. Non-Certified (CSB) — $25,771.00 — (5.08%) Director of Public Works is request- 8.96% $1,449,720.00 ed to enter into a requirement con- NE Blueprint tract for the goods and/or services MEPVet, LLC. Non-Certified (CSB) — $7,160.00 — (1.41%) specified. 8.96% $ 230,825.00 The requirement contract shall United Survey further provide that the Contractor Be it further resolved that the (CSB) — $39,885.00 — (7.86%) shall furnish the City’s requirements approval of the employment of the for the goods and/or services, following sub-contractor to Anthony OR Colan whether more or less than the esti- Allega Cement Contractor, Inc., (non certified) — $6,600.00 — (0.00%) mated quantity, as may be ordered under City Contract No. PI2016*041 under delivery orders separately cer- to provide design/build services for Yeas: Directors Langhenry, Davis, tified to the contract. the public improvement of the CLE Kennedy, Cox, Gordon, Acting Direc- Yeas: Directors Langhenry, Davis, Snow Removal Equipment Storage & tor Withers, Directors Cosgrove, Kennedy, Cox, Gordon, Acting Direc- Vehicle Maintenance Building Addi- West, Interim Director Ebersole, and tor Withers, Directors Cosgrove, tion, authorized by Ordinance No. Acting Director Odom, Interim West, Interim Director Ebersole, and 699-16, passed by the Council of the Director Donald. Acting Director Odom, Interim City of Cleveland on July 13, 2016 Nays: None. Director Donald. and Board of Control Resolution No. Absent: Mayor Jackson and Direc- Nays: None. 403-16, adopted September 14, 2016, is tor Dumas. Absent: Mayor Jackson and Direc- rescinded. tor Dumas. Resolution No. 258-17. Construction Sub-contractors DBE/SBE By Director McGrath. Resolution No. 260-17. % Amount Be it resolved, by the Board of By Director Cosgrove. Control of the City of Cleveland that Whereas, under Ordinance No. North American Cement under the authority of Ordinance No. 2076-76 passed October 25, 1976, the Co. Non-Certified 880-14, passed by the Council of the City is conducting a Land Reuti- 7.98% $1,306,329.00 City of Cleveland on July 16, 2014, lization Program (“Program”) CineMassive Displays, LLC is select- according to the provisions of Chap- Be it further resolved that all ed from a list of firms determined ter 5722 of the Ohio Revised Code; other terms of Resolution No. 403-16, after a full and complete canvass by and 928 May 24, 2017 The City Record 37

Whereas, under the Program, the commission has graded the papers. Calendar No. 17-130: 2700 West 14th City has acquired Permanent Parcel There-after, eligible lists will be Street (Ward 3) No. 125-27-034 located at 5787 established which will consist of the SPT Properties, LLC., owner, pro- Portage Avenue; and names of those candidates who have poses to change use from church to Whereas, Section 183.021 of the been successful in all parts of the a 13 unit apartment located in a C1 Codified Ordinances of Cleveland, examination. Multi-Family Residential District Ohio, 1976 authorizes the Commis- and a D2 Local Retail Business Dis- sioner of Purchases and Supplies, PHYSICAL EXAMINATION: All trict. The owner appeals for relief when directed by the Director of candidates for original entrance from the strict application of the fol- Community Development and when positions who are successful in lowing sections of the Cleveland certain specified conditions have other parts of the examinations Codified Ordinances: been met, to sell Land Reutilization must submit to a physical examina- 1. Section 357.09(b)(2)(C) which Program parcels; and tion. states an 11 feet interior side yard Whereas, Victor M. Capeles, Sr. is required on the north side of the has proposed to the City to purchase ROBERT BENNETT, building adjacent to the school and develop the parcel for yard President building where 8 feet are proposed. expansion; and 2. Section 357.14 which states that Whereas, the following conditions parking is not a permitted front exist: SCHEDULE OF THE BOARD yard encroachment where 3 parking 1. The member of Council from OF ZONING APPEALS spaces are proposed. Ward 5 has approved the proposed 3. Section 349.15 which states that sale or has not disapproved or two bicycle parking spaces are requested a hold of the proposed MONDAY, JUNE 5, 2017 required at the rate of one per twen- sale within 45 days of notification ty car parking spaces and none are of it; 9:30 A.M. proposed. (Filed April 27, 2017) 2. The proposed purchaser of the parcel is neither tax delinquent nor Calendar No. 17-127: 1922 West 52nd Calendar No. 17-133: 230 West Huron in violation of the Building and Street (Ward 15) Road/ (Ward 3) Housing Code; now, therefore, Cleveland Bricks, owner, proposes K&D Group, owner, proposes to Be it resolved by the Board of to erect a 12' - 4" x 8' - 10" one change the use of floors 4 through Control of the City of Cleveland that story frame laundry-room addition 15 from business to residential under Section 183.021 of the Codified to an existing single family resi- apartments with amenities and to Ordinances of Cleveland, Ohio, 1976, dence in a B1 Two-Family Residen- add a 15th floor roof deck and the Commissioner of Purchases and tial District. The owner appeals for mechanical room in an E5 General Supplies is authorized, when direct- relief from the following Sections of Retail Business. The owner appeals ed by the Director of Community the Cleveland Codified Ordinances: for relief from the strict application Development, and the Mayor is 1. Section 355.04(b) which states of the following sections of the requested, to execute an Official that the Maximum Gross Floor Area Cleveland Codified Ordinances: Deed for and on behalf of the City allowed shall not exceed 50% of lot 1. Section 355.04 which states that of Cleveland, with Victor M. Cape- size or in this case 1,949 square feet in an “E” area district, floor space les, Sr. for the sale and development and the appellant is proposing 2,145 of existing building changing to res- of Permanent Parcel No. 125-27-034 square feet. idential use is limited to 1 ½ the lot located at 5787 Portage Avenue, 2. Section 357.09(b)(2)(B) which area. Floor area project building according to the Land Reutilization states that the Required interior exceeds this limit. Program in such manner as best car- side yards is 3' - 6" and the appel- 2. Section 357.01(c) which states ries out the intent of the program. lant is proposing 2' - 6". (Filed that rear and side yards are Be it further resolved that the con- April 27, 2017) required for residential buildings in sideration for the sale of the parcel a retail business district. shall be $200.00, which amount is Calendar No. 17-128: 3402 Woodbine 3. Section 357.05(b) which states determined to be not less than the Avenue (Ward 3) that in the Central Business District, fair market value of the parcel for Cleveland Bricks, owner, proposes as defined in Section 325.15 or as uses according to the Program. to establish accessory parking space subsequently amended, whenever a Yeas: Directors Langhenry, Davis, in a B1 Two-Family Residential Dis- building is to be used or occupied Kennedy, Cox, Gordon, Acting Direc- trict. The owner appeals for relief in part or entirely for Class A Res- tor Withers, Directors Cosgrove, from the following Sections of the idential Occupancy, the part of the West, Interim Director Ebersole, and Cleveland Codified Ordinances: building so used shall be located in Acting Director Odom, Interim 1. Section 337.23(a) which states respect to the lot lines as to provide Director Donald. that accessory off-street parking at least one-half (1/2) the interior spaces shall be located on rear half Nays: None. yard space of 800 square feet of lot. Absent: Mayor Jackson and Direc- required in Section 355.06 and at 2. Section 349.05(a) which states tor Dumas. least one-third (1/3) the rear yard that off street parking space shall space required in Section 357.08 or not be located within 10 feet of any JEFFREY B. MARKS, thirty (30) feet, whichever is wall of a residential building that greater. No interior side yard or rear Secretary contains ground floor windows. yard is provided. Per 357.05(a), side (Filed April 27, 2017) street yard of five feet is required: no side yard is provided. (Filed CIVIL SERVICE NOTICES Calendar No. 17-129: 2716 West 14th ______Street (Ward 3) April 27, 2017) General Information SPT Properties, LLC., owner, pro- poses to change use from church to Calendar No. 17-135: 12014 Paul Application blanks and informa- 21 unit apartment located in a C1 Avenue (Ward 6) tion, regarding minimum entrance Multi-Family Residential District Dante Cornachhione, owner, pro- qualifications, scope of examination, and a D2 Local Retail Business Dis- poses to erect a 7' x 20' one story and suggested reference materials trict. The owner appeals for relief aluminum sunroom on the roof of a may be obtained at the office of the from the strict application of the fol- single family residence attached Civil Service Commission, Room 119, lowing sections of the Cleveland garage. The owner appeals for relief City Hall, East 6th Street, and Lake- Codified Ordinances: from Section 357.09(2)(c) of the side Avenue. 1. Section 357.09(b)(2)(C) which Cleveland Codified Ordinances states an 11 feet interior side yard which states that the required inte- Application blanks must be prop- is required on the north side of the rior side yard is 8 feet and the erly filled out on the official form building adjacent to the school appellant is proposing 3' - 4". (Filed prescribed by the Civil Service Com- building where 8 feet are proposed. May 1, 2017) mission and filed at the office of the 2. Section 357.14 which states that commission not later than the final parking is not a permitted front Calendar No. 17-134: 1050 East 9th closing date slated in the examina- yard encroachment where 3 parking Street (Ward 3) tion announcement. spaces are proposed. City of Cleveland, owner, and 3. Section 349.15 which states that Cumberland Development, LLC., ten- EXAMINATION RESULTS: Each two bicycle parking spaces are ant, proposes to erect a three story applicant whether passing or failing required at the rate of one per twen- mixed-use building consisting of will be notified of the results of the ty car parking spaces and none are retail spaces and 16 units in a G5 examination as soon as the proposed. (Filed April 27, 2017) General Retail Business District. 929 38 The City Record May 24, 2017

The tenant appeals for relief from contain all features of the side such and accessory rock crushing in a B2 the strict application of the follow- as height, type, and locations of Semi-Industry District and a B3 Gen- ing sections of the Cleveland Codi- fences, paved and unpaved areas, eral Industry Zoning District. The fied Ordinances: striping of customer parking areas, owner appeals for relief from the 1. Section 357.09(b)(2)(C) which driveways and aprons, and other strict application of the following states that the required interior side features required to determine com- sections of the Cleveland Codified yard is 14' and not interior side pliance with Cleveland zoning code. Ordinances: yard is proposed on the north side (Filed February 9, 2017 - No Testi- 1. Section 345.03 which states that of the property. mony) rock, concrete crushing not permit- 2. Section 357.08(b)(2) which Second postponement made at the ted in Semi-Industry District; first states that a 27' rear yard is request of the appellant because his permitted in General Industry Dis- required and no rear yard is pro- architect was out of town. First trict as a conditional use and posed. (Filed April 28, 2017) postponement made at the request requires BZA approval per of the Councilman for further 345.04(b)(15). Calendar No. 17-136: 4311 Bailey review. 2. Section 345.03 which states that Avenue (Ward 3) open yard storage of used material POSTPONED FROM Cleveland Bricks, owner, proposes (concrete) must be more than 500 MAY 1, 2017 to erect a 19' x 41' - 4" second floor feet from Residential District. master bedroom and a 10' - 5" x 23' Calendar No. 17-58: 9402 Rosewood 3. Section 345.03(c) which states one story frame attached garage in Avenue (Ward 2) that outside, open yard a B1 Two-Family Residential Dis- Desmond Johnson and Renee storage/stockpiling of dirt/top trict. The owner appeals for relief Witcher-Johnson, owners, propose to soil/rock/dusty materials is not from the following Sections of the establish use as facility to provide among permitted listed uses in Semi- Cleveland Codified Ordinances: boarding and care to children in a Industry District; first specifically 1. Section 349.07(a) which states B1 Two-Family Residential District. listed in General Industry district. that Accessory Off street parking The owner appeals for relief from 4. Section 345.03(c)(33) which space shall be properly paved and Section 337.08(e)(3) which states grade. states that any material stored in that a children’s boarding home is unclosed premises to a height 2. Section 349.07(c) which states first permitted in a Multi-Family greater than four feet above grade that the appellant must provide an Residential District, and in that dis- approved accessibility to parking trict must be at least 15 feet from level shall be surrounded by a sub- spaces per City Standards (manhole adjoining premises not used for a stantial seven feet height wall or located in driveway apron). similar purpose. (Filed March 3, 2017 fence erected to observe all required 3. Section 355.04(a) which states - No Testimony) building lines. that the Maximum Gross floor area Second postponement made at the 5. Section 347.05 which states that shall not exceed 50% of lot area or request of the appellant to allow for No space for the storage or distrib- in this case 1,365 square feet and the more time to meet with community. ution of coal, cinders, stone, slag, appellant is proposing 1,590 square First postponement made at the sand, cement, or similar dust-pro- feet. request of the Councilman to allow ducing material shall be located less 4. Section 357.09(b)(2)(A) which for time for a community meeting. than three hundred (300) feet from states that no building shall be a Residence District, Local Retail POSTPONED FROM erected less than 10' from main a Business District or General Retail APRIL 17, 2017 building on adjoining lot and the Business District, except where the appellant is proposing 3' - 6". Calendar No. 17-66: 9000 Aetna dust, smoke, odor, noise and vibra- 5. Section 357.09(b)(2)(B) which tion therefrom will effectively be states that the required interior side Avenue (Ward 2) 9000 Aetna, owner, proposes to confined to the premises. Property yard shall not be less than 4.55' and establish use for outside for proposed use is adjacent to Two the appellant is proposing 1' - 6" for storage/stockpiling of dirt and rock Family Residential District and less dwelling and attached garage addi- and accessory rock crushing in a B3 than 300' from Multi-Family Dis- tion and 0' for gutters and eaves. General Industry Zoning District. trict. The total width of both Interior side The owner appeals for relief from 6. Section 349.07(a) which states yards shall not be less than 10' and the strict application of the follow- the appellant is proposing 1' - 6" that accessory off street parking ing sections of the Cleveland Codi- spaces, driveways and vehicle and 1' - 6". (Filed May 2, 2017) fied Ordinances: maneuvering areas shall be proper- 1. Section 345.04(b)(15) which POSTPONED FROM states that the Board of Zoning ly graded for drainage so that all APRIL 24, 2017 appeals must review and approve water is drained within the lot pro- the proposed rock/concrete crushing viding such parking spaces and sur- Calendar No. 17-041: 3208 Broadview as accessory use. faced with concrete, asphalt or other Road (Ward 12) 2. Section 345.03(c)33 which states acceptable paving material main- Melniks Automotive LLC., owner, that any material stored in unclosed tained in good condition. No proposes to establish use as motor premises to a height greater than drainage or specific paving detail vehicle repair garage and as a four feet above grade level shall be shown. Driveway and aprons must motor vehicle sales facility in a C2 surrounded by a substantial seven also be shown on plan. (Filed March Local Retail Business District. The feet height wall or fence erected to 13, 2017 - No Testimony) owner appeals for relief from the observe all required building lines. Postponed at the request of the strict application of the following 3. Section 349.07(a) which states Development Corporation to allow that accessory off street parking sections of the Cleveland Codified for a public meeting to be held. Ordinances: spaces, driveways and vehicle maneuvering areas shall be proper- 1. Section 343.01 which states that POSTPONED FROM MAY 15, 2017 Motor Vehicle repair garage and ly graded for drainage so that all motor vehicle sales facility are not water is drained within the lot pro- Calendar No. 17-72: 6702 Father Caru- permitted uses in a Local Retail viding such parking spaces and sur- so Drive (Ward 15) Business District. faced with concrete, asphalt or other Richard Dillon and Michael Var- 2. Sections 352.08 through 352.12 acceptable paving material main- which state that a six foot wide tained in good condition. No varo, owners, propose to construct a landscape frontage strip is required drainage or specific paving detail new 4 story frame single family res- at Henninger to screen parking shown. Driveway and aprons must idence with an attached garage in also be shown on plan. (Filed March form street. A four foot wide land- a B1 Two-Family Residential Dis- 13, 2017 - Testimony taken) scaped transition strip is required trict. The owners appeal for relief Postponed at the request of the separating proposed motor vehicle from the strict application of the fol- Board in order to allow time for the lowing sections of the Cleveland repair garage facility from adjoin- appellant to revise his plan. ing premises in the Local Retail Codified Ordinances: 1. Section 353.01 which states that Business is required. Landscape POSTPONED FROM plan and schedule is required. APRIL 17, 2017 the Maximum height limit allowed 3. Section 327.02(d)(e) which is 35 feet and the appellants are states that a Site plan drawn to a Calendar No. 17-67: 3155 East 68th proposing 44 feet and 1 inch. measurable scale and showing all Street (Ward 5) 2. Section 355.04(a) which states features of the property is required. Halmarnie Inc., owner, proposes to that the minimum required lot area Site plan is inadequate not drawn to establish use for outside is 4,800 square feet and the appel- a measurable scale, and does not storage/stockpiling of dirt and rock lants are proposing 2,910 square 930 May 24, 2017 The City Record 39 feet. Maximum Gross Floor area REPORT OF THE BOARD a B1 Two-Family Residential Dis- shall not exceed 50% of lot area the OF ZONING APPEALS trict. appellants are proposing 4,300 square feet. Calendar No. 17-93: 2074 West 17th 3. Section 357.08(b)(1) which Street MONDAY, MAY 22, 2017 states that the Required Rear yard rges LLC., owner, is 44 feet, 1 inch and the appellants Berges LLC., owner, proposes to At the meeting of the Board of are proposing 33 feet. erect a 3 story single family (fee Zoning Appeals on Monday, May 22, simple) townhome with an attached 4. 357.09(b)(2)(B) which states 2017 the following appeals were that the required Interior side yard garage on a 2,500 square foot lot in scheduled for hearing before the a B1 Two-Family Residential Dis- is 11'; proposing 5 feet. Board and; trict. 5. Section 357.13(c) which states that Air Condenser unit not a per- The following appeals were Calendar No. 17-94: 2078 West 17th mitted Interior Side yard Encroach- APPROVED: Street ment. Berges LLC., owner, proposes to 6. Section 358.04(a) which states Calendar No. 16-237: 515 Euclid erect a 3 story single family (fee that fences in actual front yards and Avenue simple) townhome with an attached in actual side street yards shall not Euclid Avenue Garage LLC., garage on a 2,500 square foot lot in exceed four (4) feet in height and owner, proposes to erect a 19 story a B1 Two-Family Residential Dis- shall be at least fifty percent (50%) residential addition on an existing 8 trict. open, except that, in an actual side story parking garage in an E5 Gen- street yard, a fence that is set back eral Retail Business District. Calendar No. 17-95: 2082 West 17th at least four (4) feet from the side Street street property line may be a maxi- Calendar No. 17-84: 2017 Follett Berges LLC., owner, proposes to erect a 3 story single family (fee mum of six (6) feet in height and Court simple) townhome on a 2,500 square may be open or solid the appellants West 20th LLC, proposes to erect a 2.5 story single family house on a foot lot in a B1 Two-Family Resi- are proposing 5 feet tall solid wall 1,785 square foot City of Cleveland dential District. and setback distance is undefined. Land Bank lot in a B1 Multi-Fami- (Filed April 12, 2017 - Testimony ly Residential District. Calendar No. 17-96: 2086 West 17th taken) Street First postponement made at the Calendar No. 17-85: 2260 West 20th Berges LLC., owner, proposes to request of the Councilman to allow Street erect a 3 story single family (fee for time to hold a community meet- Matt Berges, owner, proposes to simple) townhome with an attached ing. erect a 2.5 story single family house garage on a 2,500 square foot lot in on a 3,111 square foot lot in a B1 a B1 Two-Family Residential Dis- Calendar No. 17-73: 6704 Father Caru- Multi-Family Residential District. trict. so Drive (Ward 15) Richard Dillon and Michael Var- Calendar No. 17-86: 2254 West 20th Calendar No. 17-110: 16301 Harvard varo, owners, propose to construct a Street Avenue James D. Gregory, owner, propos- new 4 story frame single family res- West 20th LLC, proposes to erect es to erect a 23' x 24' 1 story frame idence with an attached garage in a 2.5 story single family house on a garage addition attached to the 3,111 square foot on a City of Cleve- a B1 Two-Family Residential Dis- existing 18' x 24' 1 story frame land lot in a B1 Multi-Family Resi- trict. The owners appeal for relief garage in an A1 One Family Resi- dential District. from the strict application of the fol- dential District. lowing sections of the Cleveland Calendar No. 17-87: 2248 West 20th Codified Ordinances: The following appeals were Street 1. Section 353.01 which states that DENIED: the Maximum height limit allowed West 20th LLC, proposes to erect is 35 feet and the appellants are a 2.5 story single family house on a Calendar No. 17-51: 10308 Yale 3,111 square foot lot in a B1 Multi- proposing 44 feet and 1 inch. Avenue Family Residential District. 2. Section 355.04(a) which states that the minimum required lot area Calendar No. 17-109: 1524 Clermont Calendar No. 17-88: 2242 West 20th Road is 4,800 square feet and the appel- Street lants are proposing 2,703. Maximum West 20th LLC, proposes to erect Gross Floor area shall not exceed The following appeal was WITH- a 2.5 story single family house on a DRAWN: 50% of lot area of 1,351 square feet 2,949 square foot on a City of Cleve- and the appellants are proposing land Land Bank lot in a B1 Multi- Calendar No. 16-276: 4600 West 160th 2,785 square feet. Family Residential District. Street 3. Section 357.08(b)(1) which states that the Required Rear yard Calendar No. 17-89: 2238 West 20th The following appeals were DIS- is 41 feet and proposing 11 feet. Street MISSED: 4. 357.09(b)(2)(B) which states West 20th LLC, proposes to erect that the required Interior side yard a 2.5 story single family house on a None. is 11'; proposing 9 feet 10 inches. 2,949 square foot lot in a B1 Multi- 5. Section 357.13(c) which states Family Residential District. The following case was POST- that Air Condenser unit not a per- PONED: mitted Interior Side yard Encroach- Calendar No. 17-90: 2234 West 20th ment. Street Calendar No. 17-112: Christina Moty- 6. Section 358.04(a) which states West 20th LLC, proposes to erect ka that fences in actual front yards and a 2.5 story single family house on a 3625 Independence Road. Post- in actual side street yards shall not 3,112 square foot lot in a B1 Multi- poned to June 26, 2017. Family Residential District. exceed four (4) feet in height and shall be at least fifty percent (50%) The following cases were heard Calendar No. 17-91: 2066 West 17th by the Board of Zoning Appeals on open, except that, in an actual side Street Monday, May 15, 2017 and the deci- street yard, a fence that is set back Berges LLC., owner, proposes to sions were adopted and approved on at least four (4) feet from the side erect a 3 story single family (fee Monday, May 22, 2017: street property line may be a maxi- simple) townhome with an attached mum of six (6) feet in height and garage on a 2,623 square foot lot in The following appeals were may be open or solid the appellants a B1 Two-Family Residential Dis- APPROVED: are proposing 5 feet tall solid wall trict. and setback distance is undefined. Calendar No. 17-78: 2209 Professor (Filed April 12, 2017 - Testimony Calendar No. 17-92: 2070 West 17th Avenue taken) Street Two Docs LTD, owner, proposes to First postponement made at the Berges LLC., owner, proposes to erect a 1,900 square foot 3 story request of the Councilman to allow erect a 3 story single family (fee townhouse (as part of 4 unit town- for time to hold a community meet- simple) townhome with an attached house building) in a C1 General ing. garage on a 2,500 square foot lot in Retail Business District. 931 40 The City Record May 24, 2017

Calendar No. 17-106: 1448 West 54th the Chief of the Division of Fire, noting the dangerous conditions of Street requiring compliance with the Codi- the property now; the property is Westshore Properties, owner, pro- fied Ordinances of the City of Cleve- REMANDED at this time to the poses split the lot and change use land and the Ohio Building Code Department of Building for supervi- of existing two family residence to (OBC). sion and any required further a 16' x 40' 3 story single family res- BE IT RESOLVED, a motion is in action. Motion so in order. Motioned idence. order at this time to find that the by Mr. Gallagher and seconded by Notice of Violation was properly Mr. Maschke. Calendar No. 17-107: 1446 West 54th issued, and that the Appellant has Yeas: Messrs. Denk, Gallagher, Street until June 5, 2017 to submit all Bradley, Maschke. Nays: None. Westshore Properties, owner, pro- required plans and calculations for Absent: Mr. Saab. poses split the lot and change use the building improvements to obtain of existing two family residence to certifications for the systems in the * * * a 16' x 40' 3 story single family res- building; the property is REMAND- idence. ED immediately to the Division of Docket A-45-17. Fire for supervision and any RE: Appeal of Melvina A. Biny- Calendar No. 17-124: 7901 Halle required further action. Motion so in oun, Owner of the One Dwelling Avenue order. Motioned by Mr. Gallagher Unit Single-Family Residence One & Cleveland Metropolitan School Dis- and seconded my Mr. Maschke. One/half Story Frame Property, trict proposes to construct a new Yeas: Messrs. Denk, Gallagher, located on the premises known as PreK-8 school in a B1 Two-Family Bradley, Maschke. Nays: None. 1238 East 80 Street (Front) from a zoning district. Absent: Mr. Saab. CONDEMNATION ORDER — MAIN STRUCTURE, dated February 1, Calendar No. 17-125: 5515 Ira Avenue * * * 2017 of the Director of the Depart- Cleveland Metropolitan School Dis- ment of Building and Housing, trict proposes to construct a new Docket A-41-17. requiring compliance with the Codi- PreK-8 school in a B1 Two-Family RE: Appeal of Slovene Home For fied Ordinances of the City of Cleve- zoning district. The Aged, Owner of the Property, land and the Ohio Building Code located on the premises known as (OBC). Calendar No. 17-126: 11800 Mt. Over- 18621 Neff Road from a NOTICE OF BE IT RESOLVED, a motion is in look Avenue VIOLATION — ELEVATOR CODE, order at this time to find that the Cleveland Metropolitan School Dis- dated January 20, 2017 of the Direc- Condemnation Order was properly issued and to DENY the Appellant’s trict proposes to construct a new tor of the Department of Building appeal request for additional time, PreK-8 school in a B1 Two-Family and Housing, requiring compliance noting the dangerous conditions of zoning district. with the Codified Ordinances of the City of Cleveland and the Ohio the property now; the property is REMANDED at this time to the Calendar No. 17-131: 18400 Schenely Building Code (OBC). Department of Building for supervi- Avenue BE IT RESOLVED, a motion is in order at this time to grant the sion and any required further Cleveland Metropolitan School Dis- action. Motion so in order. Motioned trict proposes to construct a new Appellant until August 15, 2017 to resolve all issues and complete by Mr. Gallagher and seconded by PreK-8 school in a B1 Two-Family Mr. Maschke. abatement of the violations. Motion zoning district. Yeas: Messrs. Denk, Gallagher, so in order. Motioned by Mr. Bradley Bradley, Maschke. Nays: None. and seconded by Mr. Gallagher. Calendar No. 17-132: 3900 East 75th Absent: Mr. Saab. Street Yeas: Messrs. Denk, Gallagher, Bradley, Maschke. Nays: None. Cleveland Metropolitan School Dis- * * * trict proposes to construct a new Absent: Mr. Saab. PreK-8 school in a B1 Two-Family Docket A-46-17. * * * zoning district. RE: Appeal of Derek Fess, Owner of the Two Dwelling Units Two- The following case was heard by Docket A-43-17. Family Residence Two Story Frame the Board of Zoning Appeals on RE: Appeal of Mountainside Real- Property, located on the premises Monday, May 8, 2017 and the deci- ty Ventures, LLC, Owner of the One known as 3192 West 94th Street sion was adopted and approved on Dwelling Unit Single-Family Resi- from a NOTICE OF VIOLATION — Monday, May 22, 2017: dence Two & One/half Story Frame INTERIOR/EXTERIOR MAINTE- Property, located on the premises NANCE, dated February 1, 2017 of Calendar No. 17-99: 4899 Pearl Road known 3784 East 149th Street from the Director of the Department of Investments LLC., a NOTICE OF VIOLATION — INTE- Building and Housing, requiring owner, proposes to establish use as RIOR/ EXTERIOR MAINTENANCE, compliance with the Codified Ordi- an auto service garage in a C1 Local dated February 2, 2017 of the Direc- nances of the City of Cleveland and Retail Business District. tor of the Department of Building the Ohio Building Code (OBC). and Housing, requiring compliance BE IT RESOLVED, a motion is in Secretary with the Codified Ordinances of the order at this time to grant the City of Cleveland and the Ohio Appellant until June 1, 2017 to com- Building Code (OBC). plete abatement of the violations; REPORT OF THE BOARD Docket A-43-17 has been WITH- the property is REMANDED at this DRAWN at the request of the Appel- OF BUILDING STANDARDS time to the Department of Building lant. for supervision and any required AND BUILDING APPEALS further action. Motion so in order. * * * Motioned by Mr. Maschke and sec- onded by Mr. Bradley. Docket A-44-17. Yeas: Messrs. Denk, Gallagher, Re: Report of the Meeting of RE: Appeal of Melvina A. Bin - Bradley, Maschke. Nays: None. May 17, 2017 youn, Owner of the One Dwelling Absent: Mr. Saab. Unit Single-Family Residence One & As required by the provisions of One/half Story Frame Property, * * * Section 3103.20(2) of the Codified located on the premises known as Ordinances of the City of Cleveland, 1238 East 80 Street (Back) from a Docket A-48-17. Ohio 1976, the following brief of NOTICE OF VIOLATION — INTE- RE: Appeal of Brian M. Lockhart, action of the subject meeting is given RIOR/EXTERIOR MAINTENANCE, Owner of the One Dwelling Unit Sin- for publication in the City Record: dated February 1, 2017 of the Direc- gle-Family Residence Two Story tor of the Department of Building Frame Property, located on the * * * and Housing, requiring compliance premises known as 5873 Cable with the Codified Ordinances of the Avenue from a NOTICE OF VIOLA- Docket A-35-17. City of Cleveland and the Ohio TION — EXTERIOR MAINTE- RE: Appeal of TEG Properties Building Code (OBC). NANCE, dated February 10, 2017 of Inc., Owner of the Property, located BE IT RESOLVED, a motion is in the Director of the Department of on the premises known as 2710 order at this time to find that the Building and Housing, requiring Detroit Avenue from a NOTICE OF Notice of Violation was properly compliance with the Codified Ordi- VIOLATION — CEASE USE issued and to DENY the Appellant’s nances of the City of Cleveland and ORDER, dated February 2, 2017 of appeal request for additional time, the Ohio Building Code (OBC). 932 May 24, 2017 The City Record 41

BE IT RESOLVED, a motion is in One/half Story Wood Frame/Sid- Yeas: Messrs. Denk, Gallagher, order at this time to grant the ing/Masonry Veneer Property, locat- Bradley, Maschke. Nays: None. Appellant until July 1, 2017 to com- ed on the premises known as 875 Absent: Mr. Saab. plete abatement of the violations; Paxton Road from a NOTICE OF the property is REMANDED at this VIOLATION — EXTERIOR MAIN- EXTENSION OF TIME: time to the Department of Building TENANCE, dated February 21, 2017 and Housing for supervision and of the Director of the Department of Docket A-242-16. any required further action. Motion Building and Housing, requiring Clifford & Frances Lewis — 3655 so in order. Motioned by Mr. compliance with the Codified Ordi- East 104th Street: Maschke and seconded by Mr. nances of the City of Cleveland and This case was heard February 22, Bradley. the Ohio Building Code (OBC). 2017, at which time the Board grant- Yeas: Messrs. Denk, Gallagher, BE IT RESOLVED, a motion is in ed the Appellant until June 1, 2017 Bradley, Maschke. Nays: None. order at this time to grant the to complete abatement of the viola- Absent: Mr. Saab. Appellant until July 21, 2017 to com- tions; the property was REMANDED plete abatement of the violations; to the Department of Building and * * * the property is REMANDED at this Housing for supervision and any time to the Department of Building required further action. Docket A-49-17. and Housing for supervision and Docket A-242-16 has been POST- RE: Appeal of SD Horne LLC, any required further action. Motion PONED; to be rescheduled for May Owner of the Two Dwelling Units 31, 2017. Two-Family Residence Two & so in order. Motioned by Mr. Gal- lagher and seconded by Mr. Bradley. Appellants state that they have One/half Story Frame Property, run into a problem with the tenant located on the premises known as Yeas: Messrs. Denk, Gallagher, at this property; stating that they 1316 Russell Avenue from a CON- Bradley, Maschke. Nays: None. have started the eviction process DEMNATION ORDER — MAIN Absent: Mr. Saab. and have had to call the Cleveland STRUCTURE, dated February 1, Police to this property preventing 2017 of the Director of the Depart- * * * ment of Building and Housing, them to do any further repairs until requiring compliance with the Codi- Docket A-52-17. the eviction process is complete. fied Ordinances of the City of Cleve- RE: Appeal of Jonathan Lee, Appellants are requesting addition- land and the Ohio Building Code Owner of the I-2 Institutional — al time to complete abatement of the (OBC). Incapacitated; Hospitals, Nursing violations. BE IT RESOLVED, a motion is in Homes Property, located on the order at this time to grant the premises known as 1905 East 89th * * * Appellant until June 1, 2017 to sub- Street from a NOTICE OF VIOLA- mit plans and obtain all required TION — INTERIOR/EXTERIOR APPROVAL OF RESOLUTIONS: permits to complete abatement of MAINTENANCE, dated February 9, the violations; the property is 2017 of the Director of the Depart- Separate motions were entered by REMANDED at this time to the ment of Building and Housing, Mr. Gallagher and seconded by Mr. Department of Building and Hous- requiring compliance with the Codi- Maschke for Approval and Adoption ing for supervision and any required fied Ordinances of the City of Cleve- of the Resolutions as presented by further action. Motion so in order. land and the Ohio Building Code the Secretary for the following Motioned by Mr. Bradley and sec- (OBC). Dockets respectively, subject to the onded by Mr. Maschke. BE IT RESOLVED, a motion is in Codified Ordinances of the City of Yeas: Messrs. Denk, Gallagher, Cleveland and the Ohio Building Bradley, Maschke. Nays: None. order at this time to grant the Code (OBC): Absent: Mr. Saab. Appellant until August 1, 2017 to obtain all required permits and until * * * October 1, 2017 to complete abate- A-27-17 — Lawrence E. Kruszews- ment of the violations; the property ki Docket A-50-17. is REMANDED at this time to the A-38-17 — A & J Investment Com- RE: Appeal of Eugene R. Eibler, Department of Building and Hous- pany, LLC Owner of the One Dwelling Unit Sin- ing for supervision and any required A-39-17 — Robert Murray Jr. gle-Family Residence Two Story further action. Motion so in order. A-40-17 — Gregory Neal Frame Property, located on the Motioned by Mr. Gallagher and sec- A-42-17 — Interstate Dev. Ltd. premises known 4112 East 56th onded by Mr. Bradley. Partnership Street from a NOTICE OF VIOLA- Yeas: Messrs. Denk, Gallagher, TION — EXTERIOR MAINTE- Bradley, Maschke. Nays: None. Yeas: Messrs. Denk, Gallagher, NANCE & FIRE DAMAGE, dated Absent: Mr. Saab. Bradley, Maschke. Nays: None. January 30, 2017 of the Director of Absent: Mr. Saab. the Department of Building and * * * Housing, requiring compliance with * * * the Codified Ordinances of the City Docket A-71-17. of Cleveland and the Ohio Building RE: Appeal of Bruce T. Goode, APPROVAL OF MINUTES: Code (OBC). Owner of the F-2 Factory — Low BE IT RESOLVED, a motion is in Hazard (Non-combustibles) Two Separate motions were entered by order at this time to grant the Story Masonry Walls/Wood Floors Mr. Gallagher and seconded by Mr. Appellant until June 1, 2017 to Property, located on the premises Maschke Approval and Adoption of obtain the permit for the replace- known as 7510 Quincy Avenue from the Minutes as presented by the Sec- ment of the roof, and until July 1, a CONDEMNATION ORDER — 2017 to obtain all other required per- retary, subject to the Codified Ordi- MAIN STRUCTURE, dated March 20, mits for renovation of the property; nances of the City of Cleveland and 2017 of the Director of the Depart- noting that failure to meet either the Ohio Building Code (OBC): date will result in Remanding the ment of Building and Housing, property immediately; the property requiring compliance with the Codi- May 3, 2017 is REMANDED at this time to the fied Ordinances of the City of Cleve- Department of Building and Hous- land and the Ohio Building Code Yeas: Messrs. Denk, Gallagher, ing for supervision and any required (OBC). Bradley, Maschke. Nays: None. further action. Motion so in order. BE IT RESOLVED, a motion is in Absent: Mr. Saab. Motioned by Mr. Maschke and sec- order at this time to find that based onded by Mr. Bradley. upon testimony and photographic * * * Yeas: Messrs. Denk, Gallagher, evidence, the property is in ailing Bradley, Maschke. Nays: None. mode right now and represents a JOSEPH F. DENK Absent: Mr. Saab. danger, the request for additional Chairman time is DENIED; the property is * * * REMANDED at this time to the Department of Building and Hous- Docket A-51-17. ing for supervision and any required PUBLIC NOTICE RE: Appeal of George Berry Jr., further action. Motion so in order. Owner of the Two Dwelling Units Motioned by Mr. Bradley and sec- Two-Family Residence Two & onded by Mr. Maschke. NONE 933 42 The City Record May 24, 2017

NOTICE OF PUBLIC HEARING District as identified on the LAKESIDE AVENUE, ROOM 517A, ______attached map (Map Change No. CLEVELAND, OHIO 44114. A SITE 2564). VISIT IS SCHEDULED FOR Notice of Public Hearing FRIDAY, MAY 26, 2017 FROM By the Council Committee Anthony Brancatelli, Chair 9:00AM TO 11:00AM. On Development, Planning Committee on Development, NOTE: BID MUST BE DELIVERED and Sustainability Planning and Sustainability AT THE OFFICE OF THE COMMISSIONER OF PURCHASES Mercedes Cotner AND SUPPLIES, CLEVELAND Committee Room 217 May 24, 2017 and May 31, 2017 CITY HALL, 601 LAKESIDE City Hall, Cleveland, Ohio AVENUE, ROOM 128, CLEVELAND, On Tuesday, May 30, 2017 OHIO 44114 BEFORE 12 O’CLOCK 9:30 a.m. CITY OF CLEVELAND BIDS NOON (EASTERN TIME).

Notice is hereby given to all inter- ested property owners that the May 17, 2017 and May 24, 2017 Council Committee on Development, For All Departments Planning and Sustainability will WEDNESDAY, JUNE 14, 2017 hold a public hearing in the Mer- Sealed bids will be received at the cedes Cotner Committee Room 217, office of the Commissioner of Pur- File No. 68-17 — West 3rd Lift Bridge City Hall, Cleveland, Ohio, on Tues- chases and Supplies, Room 128, City Beam Repair, for the Division of day, May 30, 2017, at 9:30 a.m., to Hall, in accordance with the append- Engineering and Construction, consider the following ordinances ed schedule, and will be opened and Office of Capital Projects, as now pending in the Council: read in Room 128, City Hall, imme- authorized by Ordinance No. 637-08, diately thereafter. passed by the Council of the City of Ord. No. 462-17. Each bid must be made in accor- Cleveland, June 9, 2008. By Council Member Kazy. dance with the specifications and THERE WILL BE A NON- An ordinance changing Use of must be submitted on the blanks REFUNDABLE FEE FOR PLANS land along Lorain Avenue and along supplied for the purpose, all of AND SPECIFICATIONS IN THE West 140th Street to be rezoned from which may be obtained at the office AMOUNT OF FIFTY DOLLARS GR-C2 to LR-G2 and MF-G2 (Map of the said Commissioner of Pur- ($50.00) ONLY IN THE FORM OF Change No. 2561). chases and Supplies, but no bid will A CASHIER’S CHECK OR MONEY be considered unless delivered to ORDER (NO COMPANY CHECKS, Ord. No. 553-17. the office of the said commissioner NO CASH AND NO CREDIT CARDS By Council Member Zone. previous to 12:00 noon (Eastern WILL BE ACCEPTED TO An ordinance changing the Use, Standard Time) on the date speci- PURCHASE PLANS). Area and Height Districts of lands fied in the schedule. THERE WILL BE A NON- between West 70th Street and West 187.10 Negotiated contracts; Notice MANDATORY PRE-BID MEETING, 76th Street, south of the Lake Shore required in Advertisement for Bids. FRIDAY, JUNE 2, 2017 AT 9:00 A.M. & Michigan Southern Railroad right- Where invitations for bids are , 601 of-way as identified on the attached advertised, the following notice LAKESIDE AVENUE, ROOM 518 map (Map Change No. 2557). shall be included in the advertise- CLEVELAND, OHIO 44114. ment: “Pursuant to the MBE/FBE NOTE: BID MUST BE DELIVERED Ord. No. 554-17. Code, each prime bidder, each minor- AT THE OFFICE OF THE By Council Member McCormack. ity business enterprise (“MBE”) and COMMISSIONER OF PURCHASES An ordinance to approve the Stage each female business enterprise AND SUPPLIES, CLEVELAND Two Planned Unit Development (“FBE”) must be certified before CITY HALL, 601 LAKESIDE (PUD) application for lands desig- doing business with the City. There- AVENUE, ROOM 128, CLEVELAND, nated as a PUD District in Map fore, any prime contractor wishing OHIO 44114 BEFORE 12 O’CLOCK Change 2562 (Ord. 440-17) (Map to receive credit for using an MBE NOON (EASTERN TIME). Change No. 2563). or FBE should ensure that applica- tions for certification as to MBE or File No. 69-17 — City-Wide Tree Anthony Brancatelli, Chair FBE status compliance with the Planting and Watering, for the Committee on Development, Code, affirmative action in employ- Division of Parks Maintenance, Planning and Sustainability ment and, if applicable, joint ven- Department of Public Works, as ture status, are submitted to the of - authorized by Section 181.101 of the May 17, 2017 and May 24, 2017 fice of Equal Opportunity (“OEO”) Codified Ordinances of Cleveland, prior to the date of bid opening or Ohio, 1976. submission of proposals or as speci - THERE WILL BE A NON- NOTICE OF PUBLIC HEARING fied by the Director. Failure to com- MANDATORY PRE-BID MEETING, ply with the business enterprise FRIDAY, MAY 26, 2017 AT 10:00 ______code or with representations made A.M. 4150 EAST 49TH STREET, on these forms may result in can- BUILDING 1, CLEVELAND, OHIO Notice of Public Hearing cellation of the contract or other 44105. By the Council Committee NOTE: BID MUST BE DELIVERED On Development, Planning civil or criminal penalties.” AT THE OFFICE OF THE and Sustainability WEDNESDAY, JUNE 14, 2017 COMMISSIONER OF PURCHASES Mercedes Cotner AND SUPPLIES, CLEVELAND Committee Room 217 File No. 67-17 — First Energy Stadium CITY HALL, 601 LAKESIDE City Hall, Cleveland, Ohio Chiller Replacement (Re-Bid), for AVENUE, ROOM 128, CLEVELAND, On Monday, June 5, 2017 the Division of Architecture and Site OHIO 44114 BEFORE 12 O’CLOCK 9:00 a.m. Development, Department of Public NOON (EASTERN TIME). Works and Office of Capital Notice is hereby given to all inter- Projects, as authorized by File No. 70-17 — Labor and Materials ested property owners that the Ordinance No. 805-16, passed by the for Fencing Repair and Installation Council Committee on Development, Council of the City of Cleveland, (Re-bid), for the Division of Planning and Sustainability will August 10, 2016. Cleveland Hopkins International hold a public hearing in the Mer- THERE WILL BE A NON- Airport, Department of Port Control, cedes Cotner Committee Room 217, REFUNDABLE FEE FOR PLANS as authorized by Ordinance No. 333- City Hall, Cleveland, Ohio, on Mon- AND SPECIFICATIONS IN THE 16, passed by the Council of the City day, June 5, 2017, at 9:00 a.m., to con- AMOUNT OF FIFTY DOLLARS of Cleveland, April 25, 2016. sider the following ordinances now ($50.00) ONLY IN THE FORM OF THERE WILL BE A NON- pending in the Council: A CASHIER’S CHECK OR MONEY MANDATORY PRE-BID MEETING, ORDER (NO COMPANY CHECKS, FRIDAY, JUNE 2, 2017 AT 10:00 Ord. No. 598-17. NO CASH AND NO CREDIT CARDS A.M. CLEVELAND HOPKINS By Council Member McCormack. WILL BE ACCEPTED TO INTERNATIONAL AIRPORT’S An ordinance changing the Use PURCHASE PLANS). CENTRAL RECEIVING BUILD - and Area Districts of parcels on the THERE WILL BE A NON- ING, 19451 FIVE POINTS ROAD, southwest corner of Literary Road MANDATORY PRE-BID MEETING, CLEVELAND, OHIO 44135. and W. 7th Street to ‘RA’ (Town- THURSDAY, MAY 25, 2017 AT 10:00 NOTE: BID MUST BE DELIVERED house) Use District and an ‘F’ Area A.M. CLEVELAND CITY HALL, 601 AT THE OFFICE OF THE 934 May 24, 2017 The City Record 43

COMMISSIONER OF PURCHASES Be it resolved by the Council of the must be received by the Superinten- AND SUPPLIES, CLEVELAND City of Cleveland: dent of Liquor Control within 30 CITY HALL, 601 LAKESIDE Section 1. That this Council urges days of notification; now, therefore, AVENUE, ROOM 128, CLEVELAND, the Ohio Senate to reject the pro- Be it resolved by the Council of the OHIO 44114 BEFORE 12 O’CLOCK posed amendment to the state bud- City of Cleveland: NOON (EASTERN TIME). get bill that gives the Ohio Depart- Section 1. That Council does here- ment of Health exclusive authority by record its objection to the trans- over all lead-based paint issues fer of ownership of a C1 Liquor Per- May 24, 2017 and May 31, 2017 statewide, and preempts Ohio cities mit from Snappy Gas Mart, Inc., from proactive efforts to prevent DBA Snappy Gas Mart, 4189 Ridge ADOPTED RESOLUTIONS lead-poisoning through local inspec- Road, Cleveland, Ohio 44144, Permit Number 8327854 to M Zayed, LLC, AND ORDINANCES tion and enforcement. Section 2. That the Clerk of Council DBA Snappy Gas Mart, 4189 Ridge is directed to transmit copies of this Road, Cleveland, Ohio 44144, Permit Res. No. 577-17. resolution to the Ohio Senate Number 5377774; and requests the By Council Members Brancatelli, members. Superintendent of Liquor Control to Cummins, Pruitt, Brady, Cleveland, Section 3. That this resolution is set a hearing for said application in Conwell, Dow, J. Johnson, K. Johnson, hereby declared to be an emergency accordance with provisions of Sec- Kazy, Keane, McCormack, Mitchell, measure and, provided it receives the tion 4303.26 of the Revised Code of Polensek, Reed, and Zone. affirmative vote of two-thirds of all Ohio. An emergency resolution urging the members elected to Council, it Section 2. That the Clerk of Council the Ohio Senate to reject the pro- shall take effect and be in force be and she is hereby directed to posed amendment to the state bud- immediately upon its adoption and transmit two certified copies of this get bill that gives the Ohio Depart- approval by the Mayor; otherwise it resolution, together with two copies of a letter of objection and two copies of ment of Health exclusive authority shall take effect and be in force from a letter requesting that the hearing be over all lead-based paint issues and after the earliest period allowed held in Cleveland, Cuyahoga County. statewide, and preempts Ohio cities by law. Section 3. That this resolution is from taking proactive efforts to pre- Adopted May 15, 2017. hereby declared to be an emergency vent lead-poisoning through local Effective May 17, 2017. inspection and enforcement. measure and, provided it receives the Whereas, an amendment to the affirmative vote of two-thirds of all Ohio budget bill, House Bill, 49, the members elected to Council, it added by Representative, Derek shall take effect and be in force Res. No. 616-17. immediately upon its adoption and Merrin (R), gives the Ohio Depart- By Council Member Kelley. ment of Health (ODH) sole authori- approval by the Mayor; otherwise, it An emergency resolution object- shall take effect and be in force from ty to regulate inspection, enforce- ing to the transfer of ownership of ment and abatement of led-based and after the earliest period allowed a C1 Liquor Permit to 4189 Ridge by law. paint statewide; and Road. Whereas, this budget bill amend- Adopted May 15, 2017. Whereas, Council has been noti- Effective May 17, 2017. ment passed the Ohio House of Rep- fied by the Division of Liquor Con- resentatives, and if passed by the trol of an application for the trans- Ohio Senate, would preempt Ohio fer of ownership of a C1 Liquor Per- cities from taking proactive efforts mit from Snappy Gas Mart, Inc., to prevent lead-poisoning through Res. No. 617-17. DBA Snappy Gas Mart, 4189 Ridge local lead hazard inspections and By Council Member K. Johnson. Road, Cleveland, Ohio 44144, Permit An emergency resolution with- enforcement; and Number 8327854 to M Zayed, LLC, drawing objection to a New C1 Whereas, as the amendment DBA Snappy Gas Mart, 4189 Ridge Liquor Permit at 3350 East 116th stands, a city could do no more than Road, Cleveland, Ohio 44144, Permit Street and repealing Resolution No. what the state allows, which cur- 223-17, objecting to said permit. rently involves reacting to lead poi- Number 5377774; and Whereas, this Council objected to soning cases and performing an Whereas, the granting of this a New C1 Liquor Permit at 7 Star environmental investigation of a application for a liquor permit to LLC, DBA Kinsman Convenience & home, school, or daycare after a this high crime area, which is Gas, 3350 East 116th Street, Cleve- child has been poisoned; and already saturated with other liquor land, Ohio 44120 Permit Number Whereas, the proposed changes outlets, is contrary to the best inter- 85036200005 by Resolution No. 223-17 place sole responsibility for lead- ests of the entire community; and adopted by the Council on February paint related issues with ODH offi- Whereas, the applicant does not 27, 2017; and cials at a time when the department qualify to be a permit holder and/or Whereas, this Council wishes to faces major potential cuts in feder- has demonstrated that he has oper- ated his liquor business in disregard withdraw its objection to the above al funding for training and certifi- permit and consents to said permit; cation of contractors to perform of the laws, regulations or local ordinances of this state or any other and lead-safe renovation and to assist Whereas, this resolution consti- states with lead poisoning preven- state; and Whereas, the place for which the tutes an emergency measure provid- tion, while the state dedicates little ing for the usual daily operation of from its own budget to lead poison- permit is sought has not conformed to the building, safety or health a municipal department; now, there- ing prevention and enforcement; and fore, requirements of the governing body Whereas, cities such as Cleveland Be it resolved by the Council of the of this County or City; and and Toledo have turned to local lead City of Cleveland: Whereas, the place for which the enforcement efforts, because federal Section 1. That objection to a New permit is sought is so arranged or and state laws have not addressed C1 Liquor Permit at 7 Star LLC, the problem; and constructed that law enforcement DBA Kinsman Convenience & Gas, Whereas, experts, including the officers or agents of the Division of 3350 East 116th Street, Cleveland, National Center for Healthy Homes, Liquor Control are prevented rea- Ohio 44120 Permit Number recommend local rental inspections sonable access to the establishment; 85036200005, be and the same is here- as a way to reduce the number of and by withdrawn and Resolution No. homes in a community that pose a Whereas, the place for which the 223-17, containing such objection, be risk to children from lead-based permit is sought is so located with and the same is hereby repealed and paint hazards ; and respect to the neighborhood that it that this Council consents to the Whereas, this Council recognizes substantially interferes with public immediate permit thereof. the need for local proactive enforce- decency, sobriety, peace or good Section 2. That this resolution is ment efforts to protect our children order; and hereby declared to be an emergency from lead-poisoning, and urges the Whereas, this objection is based measure and provided it receives the Ohio Senate to reject the proposed on other legal grounds as set forth affirmative vote of two-thirds of all amendment to the state budget bill in Revised Code Section 4303.292; the members elected to Council, it that gives exclusive authority over and shall take effect and be in force all lead-based paint issues to ODH; Whereas, this resolution consti- immediately upon its adoption and and tutes an emergency measure provid- approval by the Mayor; otherwise, it Whereas, this resolution consti- ing for the immediate preservation shall take effect and be in force from tutes an emergency measure for the of the public peace, prosperity, safe- and after the earliest period allowed immediate preservation of public ty and welfare pursuant to Section by law. peace, property, health or safety, 4303.26 of the Ohio Revised Code. Adopted May 15, 2017. now, therefore, Council’s objection to said permit Effective May 17, 2017. 935 44 The City Record May 24, 2017

Ord. No. 534-17. the purpose of compiling a list. The Ord. No. 535-17. By Council Member Kelley (by compensation to be paid for the By Council Member Kelley (by departmental request). services shall be fixed by the Board of departmental request). An emergency ordinance authoriz- Control. The contract or contracts An emergency ordinance authoriz- ing the Director of Finance to authorized shall be prepared by the ing the Director of Finance to enter employ one or more consultants, Director of Law, and approved and into various written standard pur- computer software developers, or certified by the Director of Finance. chase and requirement contracts vendors or one or more firms of con- Section 4. That the Director of needed for citywide electronic pro- sultants, computer software devel- Finance is authorized to make one or tection materials, equipment, sup- opers, or vendors necessary to imple- more written standard purchase plies, and services, including instal- ment various projects under the 2017 contracts and written requirement lation and training, and labor and IT Capital Strategic Plan; and to contracts under the Charter and the materials if necessary, for the vari- enter into various contracts to Codified Ordinances of Cleveland, ous divisions of City government, implement this ordinance. Ohio, 1976, the period of requirements for a period of three years, with two Whereas, this ordinance consti- to be determined by the director, for additional one-year options to tutes an emergency measure provid- the necessary items of materials, renew, exercisable by the Director ing for the usual daily operation of equipment, supplies, and services of Finance. a municipal department; now, there- necessary to implement the 2017 IT Whereas, this ordinance consti- fore, Capital Strategic Plan which are not tutes an emergency measure provid- Be it ordained by the Council of obtained under a professional services ing for the usual daily operation of the City of Cleveland: contract authorized in Sections 1 or 2 a municipal department; now, there- Section 1. That the Director of of this ordinance, including but not fore, Finance is authorized to employ by limited to computer and network Be it ordained by the Council of contract or contracts one or more hardware, replacements parts, related the City of Cleveland: consultants or one or more firms of furniture, building renovations, and Section 1. That the Director of consultants, for the purpose of sup- labor, materials, and installation, if Finance is authorized to make one plementing the regularly employed necessary, to be purchased by the or more written standard purchase Commissioner of Purchases and staff of the several departments of contracts and written requirement Supplies on a unit basis for the the City of Cleveland in order to pro- contracts under the Charter and the vide professional services necessary Division of Information Technology Codified Ordinances of Cleveland, to implement various projects under and Services, Department of Finance. Ohio, 1976, the period of require- the 2017 IT Capital Strategic Plan, Bids shall be taken in a manner that ments to be determined by the direc- including but not limited to, fiber permits an award to be made for all optic installation, replacing obsolete items as a single contract, or by tor, for the necessary items of mate- desktop personal computers, Data separate contract for each or any rials, equipment, supplies, and ser- Center network and server upgrades combination of the items as the Board vices needed for citywide electronic and enhancements, migrating physi- of Control determines. protection materials, equipment, sup- cal servers to power efficient, sus- Section 5. That the costs of the plies, and services, including instal- tainable Blade Chassis and virtual requirement contract or contracts lation and training, and labor and servers, upgrading the SharePoint shall be charged against the proper materials if necessary, to be pur- system, CRM system, upgrading the appropriation accounts and the chased by the Commissioner of Pur- camera system, upgrading the Voice Director of Finance shall certify the chases and Supplies on a unit basis over Internet Protocol (VoIP) tele- amount of any purchase under the for the various divisions of City gov- phone system, installing WIFI in contract, each of which purchases ernment. Bids shall be taken in a City-owned and City-leased facili- shall be made on order of the manner that permits an award to be ties, installing Pen-based devices, Commissioner of Purchases and made for all items as a single con- Business Intelligence system, updat- Supplies by a delivery order issued tract, or by separate contract for ing and improving computers, soft- against the contract or contracts and each or any combination of the ware, peripheral ancillary devices, certified by the Director of Finance. items as the Board of Control deter- telecommunications and network Section 6. That under Section 108(b) mines. infrastructure, Public Safety Sys- of the Charter, the purchases Section 2. That under Section 108(b) tems and Security, and City-wide authorized by this ordinance may be of the Charter, the purchases applications, all with associated made through cooperative authorized by this ordinance may be hardware and appurtenances, and arrangements with other made through cooperative for other, related professional ser- governmental agencies. The Director arrangements with other vices needed to implement the 2017 of Finance may sign all documents governmental agencies. The Director IT Capital Strategic Plan (the “2017 that are necessary to make the of Finance may sign all documents IT Capital Strategic Plan”). purchases, and may enter into one or that are necessary to make the Section 2. That the Director of more contracts with the vendors purchases, and may enter into one or selected through that cooperative Finance is authorized to employ by more contracts with the vendors contract or contracts one or more process. selected through that cooperative consultants, computer software Section 7. That the Director of process. developers, or vendors or one or more Public Utilities is authorized to enter Section 3. That the costs of the firms of consultants, computer into any third-party software license requirement contract or contracts software developers, or vendors for agreements that are necessary to the purpose of supplementing the implement this ordinance. shall be charged against the proper regularly employed staff of the Section 8. That the cost of the appropriation accounts and the several departments of the City of contracts and other expenditures Director of Finance shall certify the Cleveland necessary to acquire authorized in this ordinance shall be amount of any purchase under the Software as a Service, software design paid from Fund Nos. 20 SF 517, 20 SF contract, each of which purchases and installation, or acquisition of 524, 20 SF 532, 20 SF 539, 20 SF 545, 20 shall be made on order of the software licenses, updates, SF 551, 20 SF 553, 20 SF 559, 20 SF 562, Commissioner of Purchases and applications, and peripheral ancillary 20 SF 566, 20 SF 573, 52 SF 001, 54 SF Supplies by a delivery order issued devices, and other related professional 001, 58 SF 001, 60 SF 001, 81 SF 001, 11 against the contract or contracts and services needed to implement projects SF 006, and from the fund or funds to certified by the Director of Finance. the 2017 IT Capital Strategic Plan which are credited the proceeds of the Section 4. That the cost of the which are not obtained under a sale of the bonds authorized by standard contracts authorized shall be professional services contract Ordinance No. 412-17, passed April 24, paid from Fund No. 01 SF 1505-6410, authorized in Section 1 of this 2017. (RQS 1511, RL 2017-42) RQN 1505, RL 2017-13. ordinance. Section 9. That this ordinance is Section 5. That this ordinance is Section 3. The selection of the declared to be an emergency measure declared to be an emergency measure consultants, computer software and, provided it receives the and, provided it receives the developers, or vendors for the services affirmative vote of two-thirds of all affirmative vote of two-thirds of all described in Sections 1 and 2 of this the members elected to Council, it the members elected to Council, it ordinance, shall be made by the Board shall take effect and be in force shall take effect and be in force of Control on the nomination of the immediately upon its passage and immediately upon its passage and Director of Finance from a list of approval by the Mayor; otherwise it approval by the Mayor; otherwise it qualified consultants, computer shall take effect and be in force from shall take effect and be in force from software developers, or vendors and after the earliest period allowed and after the earliest period allowed available for employment as may be by law. by law. determined after a full and complete Passed May 15, 2017. Passed May 15, 2017. canvass by the Director of Finance for Effective May 17, 2017. Effective May 17, 2017. 936 May 24, 2017 The City Record 45

Ord. No. 552-17. Section 4. That this ordinance is Whereas, this ordinance consti- By Council Member Cleveland, hereby declared to be an emergency tutes an emergency measure provid- Brady, Brancatelli, Conwell, measure and, provided it receives the ing for the usual daily operation of Cummins, Dow, Griffin, J. Johnson, K. affirmative vote of two-thirds of all a municipal department; now, there- Johnson, Kelley, Kazy, Keane, the members elected to Council, it fore, McCormack, Polensek, Pruitt, Reed, shall take effect and be in force Be it ordained by the Council of and Zone. immediately upon its passage and the City of Cleveland: An emergency ordinance desig- approval by the Mayor; otherwise it Section 1. That the Director of the nating East 18th Street between shall take effect and be in force from Department of Public Health is Euclid Avenue and Chester Avenue and after the earliest period allowed authorized to enter into agreement with a secondary and honorary des- by law. with The MetroHealth System for ignation of “Norman Krumholz Passed May 15, 2017. the Project DAWN Program for the Way”. Effective May 17, 2017. public purpose of providing educa- Whereas, the citizens of Cleveland tional programming on opioid addic- want to honor Norman Krumholz tion overdose and naloxone distrib- with a secondary street sign desig- ution to lay responders and city of nation of “Norman Krumholz Way” Ord. No. 615-17. Cleveland residents through the use in recognition of his many contri- By Council Member Cleveland. of Wards 2, 3, 8, 10, 11, 12, 13, 14, 15, butions to our community as an An emergency ordinance authoriz- 16 and 17 Casino Revenue Funds. Urban Planner, Professor at Levin ing and directing the Director of Section 2. That the cost of said College of Urban Affairs, Author Capital Projects to issue a permit to contract shall be in an amount not to and Speaker, former Director of the Burten, Bell, Carr Development to exceed $12,000 and shall be paid from City of Cleveland’s City Planning stretch a banner at East 55th Street Fund No. 10 SF 188. Department, and former member of and Scovill Avenue, near East Tech- Section 3. That the Director of Law the Cleveland City Planning Com- nical High School, for the period shall prepare and approve said mission; and, from May 26, 2017, to June 25, 2017, contract and that the contract shall Whereas, this ordinance consti- inclusive, publicizing the Annual contain such terms and provisions as tutes an emergency measure provid- Ward 5 Family Festival. he deems necessary to protect the ing for the usual daily operation of Whereas, this ordinance consti- City’s interest. a municipal department; now, there- tutes an emergency measure provid- Section 4. That this ordinance is fore, ing for the usual daily operation of hereby declared to be an emergency Be it ordained by the Council of a municipal department; now, there- measure and, provided it receives the the City of Cleveland: fore, affirmative vote of two-thirds of all Section 1. That East 18th Street Be it ordained by the Council of the members elected to Council, it between Euclid Avenue and Chester the City of Cleveland: shall take effect and be in force Avenue is designated with a sec- Section 1. That notwithstanding immediately upon its passage and ondary and honorary designation of the provision of Section 623.13 of the approval by the Mayor; otherwise it “Norman Krumholz Way”. Codified Ordinances, of Cleveland, shall take effect and be in force from Section 2. this ordinance is hereby Ohio, 1976, the Director of the and after the earliest period allowed declared to be an emergency measure Department of Capital Projects is by law. and, provided it receives the hereby authorized and directed to Passed May 15, 2017. issue a permit to Burten, Bell, Carr affirmative vote of two-thirds of all Effective May 17, 2017. Development to stretch a banner at the members elected to Council, it East 55th Street and Scovill Avenue, shall take effect and be in force near East Technical High School, immediately upon its adoption and for the period from May 26, 2017, to approval by the Mayor; otherwise it Ord. No. 623-17. June 25, 2017, inclusive. Said banner shall take effect and be in force from By Council Members Pruitt, shall be approved by the Director of and after the earliest period allowed Capital Projects, in consultation McCormack, Cleveland, Conwell, by law. with the Director of Public Safety, Brancatelli, Cummins, Zone and Passed May 15, 2017. as to type, method of affixing and Keane. Effective May 17, 2017. location so as not to interfere with An emergency ordinance authoriz- any sign erected and maintained ing the Director of the Department under the requirements of law or of Community Development to enter ordinance. The permission of the into agreement with Cleveland Pub- Ord. No. 614-17. owner of any pole from which a ban- lic Theatre for the Student Theatre By Council Member Pruitt. ner will be hung must be obtained Enrichment Program (STEP) An emergency ordinance authoriz- prior to issuance of the permit. No through the use of Wards 1, 3, 5, 9, ing the Director of the Department commercial advertising shall be 12, 14, 15 and 17 Casino Revenue of Aging to enter into an agreement printed or permitted on said banner Funds. with Court Community Service for and said banner shall be removed Whereas, this ordinance consti- the Senior Lawn Care Program promptly upon the expiration of said tutes an emergency measure provid- through the use of Ward 1 Casino permit. ing for the usual daily operation of Revenue Funds. Section 2. That this ordinance is a municipal department; now, there- Whereas, this ordinance consti- hereby declared to be an emergency fore, tutes an emergency measure provid- measure and, provided it receives the Be it ordained by the Council of ing for the usual daily operation of affirmative vote of two-thirds of all the City of Cleveland: a municipal department; now, there- the members elected to Council, it Section 1. That the Director of the fore, shall take effect and be in force Department of Community Develop- Be it ordained by the Council of immediately upon its passage and ment is hereby authorized to enter the City of Cleveland: approval by the Mayor; otherwise, it into agreement effective June 1, Section 1. That the Director of the shall take effect and be in force from 2017 with Department of Aging be authorized and after the earliest period allowed for the Student Theatre Enrichment to enter into an agreement effective by law. Program (STEP) for the public pur- May 1, 2017 with Court Community Passed May 15, 2017. pose of providing theatre education Service for the Senior Lawn Care Effective May 17, 2017. and training on live arts to city of Program for the public purpose of Cleveland youth through the use of assisting senior citizens residing in Wards 1, 3, 5, 9, 12, 14, 15 and 17 the city of Cleveland with grass cut- Casino Revenue Funds. ting and lawn maintenance care Ord. No. 622-17. Section 2. That the cost of said through the use of Ward 1 Casino By Council Members Reed, contract shall be in an amount not to Revenue Funds. McCormack, Cleveland, Polensek, J. exceed $58,000 and shall be paid from Section 2. That the cost of said Johnson, Brady, Brancatelli, Kelley, Fund No. 10 SF 188. contract shall be in an amount not to Cummins, Zone, Kazy and Keane. Section 3. That the Director of Law exceed $29,500 and shall be paid from An emergency ordinance authoriz- shall prepare and approve said Fund No. 10 SF 188. ing the Director of the Department contract and that the contract shall Section 3. That the Director of Law of Public Health to enter into agree- contain such terms and provisions as shall prepare and approve said ment with The MetroHealth System he deems necessary to protect the contract and that the contract shall for the Project DAWN Program City’s interest. contain such terms and provisions as through the use of Wards 2, 3, 8, 10, Section 4. That this ordinance is he deems necessary to protect the 11, 12, 13, 14, 15, 16 and 17 Casino hereby declared to be an emergency City’s interest. Revenue Funds. measure and, provided it receives the 937 46 The City Record May 24, 2017 affirmative vote of two-thirds of all Section 2. That the cost of said Cleveland, Conwell, Cummins, Dow, the members elected to Council, it contract shall be in an amount not to Griffin, J. Johnson, K. Johnson, shall take effect and be in force exceed $5,000 and shall be paid from Kazy, Keane, McCormack, Polensek, immediately upon its passage and Fund No. 10 SF 188. Pruitt, Reed, Zone. approval by the Mayor; otherwise it Section 3. That the Director of Law shall take effect and be in force from shall prepare and approve said 2:00 p.m. and after the earliest period allowed contract and that the contract shall by law. contain such terms and provisions as Finance Committee: Present: Kel- Passed May 15, 2017. he deems necessary to protect the ley, Chair; Cleveland, Vice Chair; Effective May 17, 2017. City’s interest. Brady, Brancatelli, Conwell, Griffin, Section 4. That this ordinance is Keane, Pruitt, Zone. hereby declared to be an emergency measure and, provided it receives the Tuesday, May 23, 2017 affirmative vote of two-thirds of all Ord. No. 624-17. 9:30 a.m. By Council Member McCormack. the members elected to Council, it shall take effect and be in force An emergency ordinance authoriz- Development, Planning and Sus- ing the Director of the Department immediately upon its passage and approval by the Mayor; otherwise it tainability (Zoning) Committee: Pre- of Community Development to enter sent: Brancatelli, Chair; Cleveland, into agreement with the Tremont shall take effect and be in force from Vice Chair; Dow, McCormack, Pruitt, West Development Corporation for and after the earliest period allowed Zone. Authorized Absence: Cummins. the Arts in August Expo through by law. the use of Ward 3 Casino Revenue Passed May 15, 2017. Development, Planning and Sus- Funds. Effective May 17, 2017. tainability Committee: Present: Whereas, this ordinance consti- tutes an emergency measure provid- Brancatelli, Chair; Cleveland, Vice COUNCIL COMMITTEE Chair; Dow, McCormack, Pruitt, ing for the usual daily operation of MEETINGS a municipal department; now, there- Zone. Authorized Absence: Cummins. fore, 1:30 p.m. Be it ordained by the Council of Monday, May 22, 2017 the City of Cleveland: 9:30 a.m. Section 1. That the Director of the Utilities Committee: Present: Department of Community Develop- Health and Human Services Com- Pruitt, Chair; Brady, Vice Chair; ment is hereby authorized to enter mittee: Present: Cummins, Chair; Brancatelli, Cummins, Griffin, into agreement effective July 1, 2017 Griffin, Vice Chair; Brady, Cleve- Keane, Polensek. with the Tremont West Develop- land, Conwell, J. Johnson, McCor- ment Corporation for the Arts in mack. Wednesday, May 24, 2017 August Expo for the public purpose 9:00 a.m. of providing performing arts educa- 12:00 p.m. tion to city of Cleveland residents Safety Committee: Present: Zone, through the use of Ward 3 Casino Committee of the Whole: Present: Chair; Conwell, Vice Chair; Griffin, Revenue Funds. Kelley, Chair; Brady, Brancatelli, Kazy, Keane, McCormack, Polensek.

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

Authorizing the Director of the Department of Aging to enter into an agreement with Court Community Service for the Senior Lawn Care Program through the use of Ward 1 Casino Revenue Funds. (O 614-17) ...... 937

Agreements

Authorizing the Director of Economic Development to enter into a grant agreement with The Greater Cleveland Sports Commission to provide financial assistance to organize and administer programs for marketing the City of Cleveland as a venue for sporting events and to actively market the Public Auditorium as a premier site for the hosting of major events. (O 647-17) ...... 898 Authorizing the Director of Public Health to enter into a tri party agreement with the County of Cuyahoga and the Alcohol, Drug Addiction and Mental Health Services Board of Cuyahoga County to implement a heroin partnership strategy to increase access to treatment and recovery services, for a period of one year. (O 669-17) ...... 922 Authorizing the Director of Public Works to enter into one or more license agreements with Case Western Reserve University, to facilitate pedestrian crossing and traffic safety improvements and to make utility connections to the Nord Family Greenway project at or under certain city park drives in Wade Park. (O 651-17) ...... 900 Authorizing the Director of the Department of Aging to enter into an agreement with Court Community Service for the Senior Lawn Care Program through the use of Ward 1 Casino Revenue Funds. (O 614-17) ...... 937 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 1, 3, 5, 9, 12, 14, 15 and 17 Casino Revenue Funds. (O 623-17) ...... 937 Authorizing the Director of the Department of Public Health to enter into agreement with The MetroHealth System for the Project DAWN Program through the use of Wards 2, 3, 8, 10, 11, 12, 13, 14, 15, 16 and 17 Casino Revenue Funds. (O 622-17) ...... 937 938 May 24, 2017 The City Record 47

Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Police Foundation for the Community Policing Initiative through the use of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 663-17) ...... 923 Authorizing the Director of the Department of the Department of Community Development to enter into an agreement with Bellaire Puritas Development Corporation for the Summer Safety Education Series in the Park Expo through the use of Ward 16 Casino Revenue Funds. (O 662-17) ...... 923

Appreciation

Appreciation Resolution for Tammy Tucker, M. Ed. (R 685-17) ...... 896

Banners

Authorizing and directing the Director of Capital Projects to issue a permit to Burten, Bell, Carr Development to stretch a banner at East 55th Street and Scovill Avenue, near East Technical High School, for the period from May 26, 2017, to June 25, 2017, inclusive, publicizing the Annual Ward 5 Family Festival. (O 615-17) ...... 937

Bellaire Puritas Development Corporation

Authorizing the Director of the Department of the Department of Community Development to enter into an agreement with Bellaire Puritas Development Corporation for the Summer Safety Education Series in the Park Expo through the use of Ward 16 Casino Revenue Funds. (O 662-17) ...... 923

Board of Building Standards and Building Appeals

Cable Road, 5873 (Ward 5) — Brian M. Lockhart, owner — appeal resolved on 5/17/17 (Doc. A-48-17) ...... 932 Detroit Avenue, 2710 (Ward 3) — TEG Properties Inc., owner — appeal resolved on 5/17/17 (Doc. A-35-17) ...... 932 East 104th Street, 3655 (Ward 6) — Clifford & Frances Lewis, owner — appeal postponed to 5/31/17 on 5/17/17 (Doc. A-242-16) ...... 933 East 110th Street, 2549 (Ward 6) — Gregory Neal, owner — appeal adopted on 5/17/17 (Doc. A-40-17) ...... 933 East 115th Street, 1285 (Ward 9) — A & J Investment Company, LLC, owner — appeal adopted on 5/17/17 (Doc. A-38-17)...... 933 East 149th Street, 3784 (Ward 2) — Mountainside Realty Ventures, LLC, owner - appeal withdrawn on 5/17/17 (Doc. A-43-17) ...... 932 East 56th Street, 4112 (Ward 12) — Eugene R. Eibler, owner — appeal resolved on 5/17/17 (Doc. A-50-17) ...... 933 East 80th Street (Back), 1238 (Ward 7) — Melvina A. Binyoun, owner — appeal resolved on 5/17/17 (Doc. A-44-17) ...... 932 East 80th Street (Front), 1238 (Ward 7) — Melvina A. Binyoun, owner — appeal resolved on 5/17/17 (Doc. A-45-17)...... 932 East 89th Street, 1905 (Ward 6) — Jonathan Lee, owner — appeal resolved on 5/17/17 (Doc. A-52-17) ...... 933 Giddings Avenue, 1400 (Ward 7) — Robert Murray Jr., owner — appeal adopted on 5/17/17 (Doc. A-39-17) ...... 933 Neff Road, 18621 (Ward 8) — Slovene Home For The Aged, owner — appeal resolved on 5/17/17 (Doc. A-41-17) ...... 932 Paxton Road, 875 (Ward 10) — George Berry Jr., owner — appeal resolved on 5/17/17 (Doc. A-51-17) ...... 933 Quincy Avenue, 7510 (Ward 5) — Bruce T. Goode, owner — appeal resolved on 5/17/17 (Doc. A-71-17) ...... 933 Russell Avenue, 1316 (Ward 7) — SD Horne LLC, owner — appeal resolved on 5/17/17 (Doc. A-49-17) ...... 933 West 103rd Street, 3635 (Ward 11) — Lawrence E. Kruszewski, owner — appeal adopted on 5/17/17 (Doc. A-27-17) ...... 933 West 25th Street, 1435 (Ward 3) — Interstate Development Limited Partnership, owner — appeal adopted on 5/17/17 (Doc. A-42-17) ...... 933 West 94th Street, 3192 (Ward 11) — Derek Fess, owner — appeal resolved on 5/17/17 (Doc. A-46-17) ...... 932

Board of Control — Capital Projects Office

Rehabilitation of Fulton Road/W. 28th Street (between Clark and Detroit Avenues) — per Ord. 1024-16 to TRC Engineers, Inc. — Dept. of Law (BOC Res. 257-17)...... 928

Board of Control — Cleveland Hopkins International Airport Division

CLE Snow Removal & Equipment Storage & Vehicle Maintenance Building Addition design/build services — approve subcontractors — rescind approval for subcontractor — amend BOC Res. 403-16 — Dept. of Port Control (BOC Res. 256-17)...... 928 939 48 The City Record May 24, 2017

Construction Contract Management System — per C.O. Sec. 181.102 to Critical Business Analysis, Inc. — Dept. of Port Control (BOC Res. 254-17)...... 927 Emergency Electrical Upgrades and Power Feeds to Main Substation #1 and #2 — Phase 2 — approve subcontractor per Contract #PI2016*33 — Dept. of Port Control (BOC Res. 255-17) ...... 927

Board of Control — Cleveland Public Power Division

Machines and Equipment (various) and labor/equipment to maintain — per Ord. 431-16 — all bids rejected — Divisions of Water, Water Pollution Control, Dept. of Public Utilities (BOC Res. 252-17) ...... 927

Board of Control — Community Development Department

Portage Avenue, 5787 (Ward 5) — PPN 125-27-034 — Victor M. Capeles, Sr. (BOC Res. 260-17) ...... 928

Board of Control — Land Reutilization Program

Portage Avenue, 5787 (Ward 5) — PPN 125-27-034 — Victor M. Capeles, Sr. (BOC Res. 260-17) ...... 928

Board of Control — Land Reutilization Program (Ward 5)

Portage Avenue, 5787 (Ward 5) — PPN 125-27-034 — Victor M. Capeles, Sr. (BOC Res. 260-17) ...... 928

Board of Control — Law Department

Emergency Operations Center Audio-Visual System Upgrades — per Ord. 880-14 to CineMassive Displays, LLC — Dept. of Public Safety (BOC Res. 258-17) ...... 928 Rehabilitation of Fulton Road/W. 28th Street (between Clark and Detroit Avenues) — per Ord. 1024-16 to TRC Engineers, Inc. — Office of Capital Projects (BOC Res. 257-17) ...... 928

Board of Control — Mayor’s Office

Establishment — Quality Control and Performance Management Office — concur to — per Ord. 69-17 and C.O. Sec. 123.09 (BOC Res. 250-17) ...... 926

Board of Control — Port Control Department

CLE Snow Removal & Equipment Storage & Vehicle Maintenance Building Addition design/build services — approve subcontractors — rescind approval for subcontractor — amend BOC Res. 403-16 — Division of Cleveland Hopkins International Airport (BOC Res. 256-17) ...... 928 Construction Contract Management System — per C.O. Sec. 181.102 to Critical Business Analysis, Inc. — Division of Cleveland Hopkins International Airport (BOC Res. 254-17) ...... 927 Emergency Electrical Upgrades and Power Feeds to Main Substation #1 and #2 — Phase 2 — approve subcontractor per Contract #PI2016*33 — Division of Cleveland Hopkins International Airport (BOC Res. 255-17) ...... 927 Interactive Employee Training system (Web-based) and Movement Area Driver Training and Customer Services Courses — per C.O. Sec. 181.102 to American Association of Airport Executives (BOC Res. 253-17) ...... 927

Board of Control — Professional Service Contracts

Construction Contract Management System — per C.O. Sec. 181.102 to Critical Business Analysis, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 254-17) ...... 927 Emergency Operations Center Audio-Visual System Upgrades — per Ord. 880-14 to CineMassive Displays, LLC — Depts. of Law, Public Safety (BOC Res. 258-17) ...... 928 Interactive Employee Training system (Web-based) and Movement Area Driver Training and Customer Services Courses — per C.O. Sec. 181.102 to American Association of Airport Executives — Dept. of Port Control (BOC Res. 253-17) ...... 927 Rehabilitation of Fulton Road/W. 28th Street (between Clark and Detroit Avenues) — per Ord. 1024-16 to TRC Engineers, Inc. — Office of Capital Projects, Dept. of Law (BOC Res. 257-17) ...... 928

Board of Control — Public Improvement Contracts

CLE Snow Removal & Equipment Storage & Vehicle Maintenance Building Addition design/build services — approve subcontractors — rescind approval for subcontractor — amend BOC Res. 403-16 — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 256-17) ...... 928 Emergency Electrical Upgrades and Power Feeds to Main Substation #1 and #2 — Phase 2 — approve subcontractor per Contract #PI2016*33 — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 255-17) ...... 927 940 May 24, 2017 The City Record 49

Board of Control — Public Safety Department

Emergency Operations Center Audio-Visual System Upgrades — per Ord. 880-14 to CineMassive Displays, LLC — Dept. of Law (BOC Res. 258-17) ...... 928

Board of Control — Public Utilities Department

Machines and Equipment (various) and labor/equipment to maintain — per Ord. 431-16 — all bids rejected — Divisions of Water, Water Pollution Control, Cleveland Public Power (BOC Res. 252-17) ...... 927 Machines and Equipment (various) and labor/equipment to maintain — per Ord. 431-16 to Colony Hardware Corporation dba Phillips Contractors Supply (BOC Res. 251-17) ...... 927

Board of Control — Public Works Department

Summer Food Program 2017: Camp Forbes — per Ord. 1200-16 to Gordon Food Service, Inc. — Division of Recreation (BOC Res. 259-17) ...... 928

Board of Control — Quality Control and Performance Management Office

Establishment — concur to — per Ord. 69-17 and C.O. Sec. 123.09 (BOC Res. 250-17) ...... 926

Board of Control — Recreation Division

Summer Food Program 2017: Camp Forbes — per Ord. 1200-16 to Gordon Food Service, Inc. — Dept. of Public Works (BOC Res. 259-17) ...... 928

Board of Control — Requirement Contracts

Machines and Equipment (various) and labor/equipment to maintain — per Ord. 431-16 — all bids rejected — Divisions of Water, Water Pollution Control, Cleveland Public Power, Dept. of Public Utilities (BOC Res. 252-17) ...... 927 Machines and Equipment (various) and labor/equipment to maintain — per Ord. 431-16 to Colony Hardware Corporation dba Phillips Contractors Supply — Dept. of Public Utilities (BOC Res. 251-17) ...... 927 Summer Food Program 2017: Camp Forbes — per Ord. 1200-16 to Gordon Food Service, Inc. — Division of Recreation, Dept. of Public Works (BOC Res. 259-17) ...... 928

Board of Control — Water Division

Machines and Equipment (various) and labor/equipment to maintain — per Ord. 431-16 — all bids rejected — Divisions of Water Pollution Control, Cleveland Public Power, Dept. of Public Utilities (BOC Res. 252-17) ...... 927

Board of Control — Water Pollution Control Division

Machines and Equipment (various) and labor/equipment to maintain — per Ord. 431-16 — all bids rejected — Divisions of Water, Cleveland Public Power, Dept. of Public Utilities (BOC Res. 252-17) ...... 927

Board of Zoning Appeals — Report

Clermont Road, 1524 (Ward 10) — Charles W. Sterner, owner — appeal heard on 5/22/17 (Cal. 17-109) ...... 931 East 75th Street, 3900 (Ward 12) — Cleveland Metropolitan School District — appeal granted and adopted on 5/22/17 (Cal. 17-132) ...... 932 Euclid Avenue, 515 (Ward 3) — Euclid Avenue Garage LLC, owner — appeal heard on 5/22/17 (Cal. 16-237) ...... 931 Follett Court, 2017 (Ward 3) — West 20th LLC — appeal heard on 5/22/17 (Cal. 17-84) ...... 931 Halle Avenue, 7901 (Ward 3) — Cleveland Metropolitan School District — appeal granted and adopted on 5/22/17 (Cal. 17-124)...... 932 Harvard Avenue, 16301 (Ward 1) — James D. Gregory, owner — appeal heard on 5/22/17 (Cal. 17-110) ...... 931 Independence Road, 3625 (Ward 12) — Christina Motyka, owner — appeal postponed to 6/26/17 on 5/22/17 (Cal. 17-112) ...... 931 Ira Avenue, 5515 (Ward 13) — Cleveland Metropolitan School District, owner — appeal granted and adopted on 5/22/17 (Cal. 17-125) ...... 932 Mt. Overlook Avenue, 11800 (Ward 6) — CMSD, owner — appeal granted and adopted on 5/22/17 (Cal. 17-126)...... 932 Pearl Road, 4899 (Ward 13) — Old Brooklyn Investments LLC, owner — appeal granted and adopted on 5/22/17 (Cal. 17-99) ...... 932 Professor Avenue, 2209 (Ward 3) — Two Docs LTD, owner — appeal granted and adopted on 5/22/17 (Cal. 17-78)...... 931 Schenely Avenue, 18400 (Ward 8) — Cleveland Metropolitan School District, owner — appeal granted and adopted on 5/22/17 (Cal. 17-131) ...... 932 West 160th Street, 4600 (Ward 16) — MWTP, owner — appeal withdrawn on 5/22/17 (Cal. 16-276) ...... 931 941 50 The City Record May 24, 2017

West 17th Street, 2066 (Ward 3) — Berges LLC, owner — appeal heard on 5/22/17 (Cal. 17-91) ...... 931 West 17th Street, 2070 (Ward 3) — Berges LLC, owner — appeal heard on 5/22/17 (Cal. 17-92) ...... 931 West 17th Street, 2074 (Ward 3) — Berges LLC, owner — appeal heard on 5/22/17 (Cal. 17-93) ...... 931 West 17th Street, 2078 (Ward 3) — Berges LLC, owner — appeal heard on 5/22/17 (Cal. 17-94) ...... 931 West 17th Street, 2082 (Ward 3) — Berges LLC, owner — appeal heard on 5/22/17 (Cal. 17-95) ...... 931 West 17th Street, 2086 (Ward 3) — Berges LLC, owner — appeal heard on 5/22/17 (Cal. 17-96) ...... 931 West 20th Street, 2234 (Ward 3) — West 20th LLC — appeal heard on 5/22/17 (Cal. 17-90) ...... 931 West 20th Street, 2238 (Ward 3) — West 20th LLC — appeal heard on 5/22/17 (Cal. 17-89) ...... 931 West 20th Street, 2242 (Ward 3) — West 20th LLC — appeal heard on 5/22/17 (Cal. 17-88) ...... 931 West 20th Street, 2248 (Ward 3) — West 20th LLC — appeal heard on 5/22/17 (Cal. 17-87) ...... 931 West 20th Street, 2254 (Ward 3) — West 20th LLC — appeal heard on 5/22/17 (Cal. 17-86) ...... 931 West 20th Street, 2260 (Ward 3) — Matt Berges, owner — appeal heard on 5/22/17 (Cal. 17-85)...... 931 West 54th Street, 1446 (Ward 15) — Westshore Properties, owner — appeal granted and adopted on 5/22/17 (Cal. 17-107) ...... 932 West 54th Street, 1448 (Ward 15) — Westshore Properties, owner — appeal granted and adopted on 5/22/17 (Cal. 17-106) ...... 932 Yale Avenue, 10308 (Ward 9) — S. Yates LLC, owner — appeal heard on 5/22/17 (Cal. 17-51) ...... 931

Board of Zoning Appeals — Schedule

Bailey Avenue, 4311 (Ward 3) — Cleveland Bricks, owner — appeal to be heard on 6/5/17 (Cal. 17-136) ...... 930 East 9th Street, 1050 (Ward 3) — City of Cleveland, owner, and Cumberland Development, LLC, tenant — appeal to be heard on 6/5/17 (Cal. 17-134) ...... 929 Paul Avenue, 12014 (Ward 6) — Dante Cornachhione, owner — appeal to be heard on 6/5/17 (Cal. 17-135) ...... 929 West 14th Street, 2700 (Ward 3) — SPT Properties, LLC, owner — appeal to be heard on 6/5/17 (Cal. 17-130) ...... 929 West 14th Street, 2716 (Ward 3) — SPT Properites, LLC, owner — appeal to be heard on 6/5/17 (Cal. 17-129) ...... 929 West 52nd Street, 1922 (Ward 15) — Cleveland Bricks, owner — appeal to be heard on 6/5/17 (Cal. 17-127)...... 929 West Huron Road/Terminal Tower, 230 (Ward 3) — K&D Group, owner — appeal to be heard on 6/5/17 (Cal. 17-133) ...... 929 Woodbine Avenue, 3402 (Ward 3) — Cleveland Bricks, owner — appeal to be heard on 6/5/17 (Cal. 17-128) ...... 929

Building and Housing Department

To repeal Sections 365.01 to 365.07 and 367.99 the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances; and to supplement the codified ordinances by enacting Sections 365.01 to 365.07 and 367.99 relating to rental registration and penalty; and to rename Chapter 365 to “Rental Registration.” (O 281-17) ...... 925

Capital Projects

Authorizing and directing the Director of Capital Projects to issue a permit to Burten, Bell, Carr Development to stretch a banner at East 55th Street and Scovill Avenue, near East Technical High School, for the period from May 26, 2017, to June 25, 2017, inclusive, publicizing the Annual Ward 5 Family Festival. (O 615-17) ...... 937 Authorizing the Director of Capital Projects to issue a permit to Case Western Reserve University to encroach into the public right of way of East 101st Street and East 105th Street by installing, using, and maintaining utility crossings. (O 642-17) ...... 896 Authorizing the Director of Capital Projects to issue a permit to the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE), to encroach into the public right of way at 7218 Euclid Avenue by installing, using, and maintaining a bronze historical place marker that would sit on a pole with foundation. (O 641-17) ...... 896 Authorizing the Director of Capital Projects to issue a permit to University Circle Inc. to encroach into the public rights of way of Juniper Road and Ford Drive by installing, using, and maintaining a landscaped median, including a sidewalk and planting beds. (O 203-17) ...... 925 To vacate a portion of West 20th Street. (O 643-17)...... 897

Case Western Reserve University

Authorizing the Director of Capital Projects to issue a permit to Case Western Reserve University to encroach into the public right of way of East 101st Street and East 105th Street by installing, using, and maintaining utility crossings. (O 642-17) ...... 896 Authorizing the Director of Public Works to enter into one or more license agreements with Case Western Reserve University, to facilitate pedestrian crossing and traffic safety improvements and to make utility connections to the Nord Family Greenway project at or under certain city park drives in Wade Park. (O 651-17) ...... 900 942 May 24, 2017 The City Record 51

Casino Revenue Funds

Authorizing the Director of the Department of Aging to enter into an agreement with Court Community Service for the Senior Lawn Care Program through the use of Ward 1 Casino Revenue Funds. (O 614-17) ...... 937 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 1, 3, 5, 9, 12, 14, 15 and 17 Casino Revenue Funds. (O 623-17) ...... 937 Authorizing the Director of the Department of Public Health to enter into agreement with The MetroHealth System for the Project DAWN Program through the use of Wards 2, 3, 8, 10, 11, 12, 13, 14, 15, 16 and 17 Casino Revenue Funds. (O 622-17) ...... 937 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Police Foundation for the Community Policing Initiative through the use of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 663-17) ...... 923 Authorizing the Director of the Department of the Department of Community Development to enter into an agreement with Bellaire Puritas Development Corporation for the Summer Safety Education Series in the Park Expo through the use of Ward 16 Casino Revenue Funds. (O 662-17) ...... 923

City Council

From Council President Kevin J. Kelley appointing, without objection by Council, Allan Dreyer as Council Clerk Pro Tempore for May 17, 2017. (F 636-17) ...... 895

City of Cleveland Bids

City-Wide Tree Planting and Watering — Department of Public Works — Division of Park Maintenance and Properties — per C.O. Sec. 181.101(13) — bid due June 14, 2017 (advertised 5/24/2017 and 5/31/2017)...... 934 Fencing Repair and Installation (Re-bid) — Department of Port Control — Division of Cleveland Hopkins International Airport — per Ord. 333-16 — bid due June 14, 2017 (advertised 5/24/2017 and 5/31/2017)...... 934 First Energy Stadium Chiller Replacement (Re-bid) — Department of Public Works — Division of Architecture and Site Improvement — per Ord. 805-16 — bid due June 14, 2017 (advertised 5/17/2017 and 5/24/2017)...... 934 West 3rd Lift Bridge Beam Repair — Office of Capital Projects — Division of Engineering and Construction — per Ord. 637-08 — bid due June 14, 2017 (advertised 5/24/2017 and 5/31/2017)...... 934

City of Cleveland Heights

Authorizing the Director of Public Works to execute a deed of easement granting to the City of Cleveland Heights certain easement rights in property located along the south side of Cedar Road between Ambleside Road and Harcourt Drive; to accept the improvements when complete; to memorialize Cleveland Heights’ obligation to maintain the grounds and improvements; and declaring that the easement rights granted are not needed for public use. (O 649-17)...... 899 Authorizing the Director of Public Works to renew its Lease with the Cleveland Heights University Heights City School District for use of City of Cleveland property located in the City of Cleveland Heights at 2470 West St. James Parkway adjacent to the Roxboro Middle School for recreational purposes, for a term of ninety nine years. (O 650-17) ...... 900

City Planning Commission

Changing the Area District of lands situated along the east side of Walworth Avenue, north of Junction Road, south of I 90 from an RA2 District to an RA3 District as identified on the attached map (Map Change No. 2558). (O 278-17) ...... 926 Changing the Use and Area Districts of parcels on the southwest corner of Literary Road and W. 7th Street to ‘RA’ (Townhouse) Use District and an ‘F’ Area District as identified on the attached map (Map Change No. 2564). (O 598-17) ...... 934 Changing the Use, Area and Height District of parcels along Meyer Avenue between West 25th Street and West 30th Street and as identified on the attached map (Map Change No. 2555). (O 366-17) ...... 926 Changing the Use, Area and Height Districts of lands between West 70th Street and West 76th Street, south of the Lake Shore & Michigan Southern Railroad right of way as identified on the attached map (Map Change No. 2557). (O 553-17)...... 934 Changing the Use, Area, and Height Districts along Lorain Avenue between West 50th Street and West 65th Street and replacing the PRO District with an Urban Form Overlay District along Lorain between West 50th Street and West 61st Street on the north and south sides of the street as shown on the attached map (Map Change No. 2553). (O 441-17) ...... 926 Changing Use of land along Lorain Avenue and along W. 140th Street to be rezoned from GR C2 to LR G2 and MF G2 (Map Change No. 2561). (O 462-17) ...... 934 Declaring a moratorium on the review and issuance of zoning permits, certificates of occupancy, and other license or permit applications that would enable processors and retail dispensaries of medical marijuana in the City of Cleveland; this moratorium does not extend to the issuance of zoning permits, certificates of occupancy, and other license 943 52 The City Record May 24, 2017

or permit applications that would enable cultivators of medical marijuana in the City of Cleveland, in accordance with the Ohio Department of Commerce rules and local ordinances; and repealing Ordinance No. 1016 16, passed October 24, 2016. (O 679-17) ...... 923 Designating East 18th Street between Euclid Avenue and Chester Avenue with a secondary and honorary designation of “Norman Krumholz Way”. (O 552-17) ...... 937 Designating Tioga Avenue between Warner Road and Turney Road with a secondary and honorary designation of “Warner Turney Neighborhood Organization Way”. (O 660-17) ...... 920 Designating West 47th Street between Lorain Avenue and Turn Avenue with a secondary and honorary designation of “Sister Maureen Doyle Way”. (O 612-17)...... 926 Establishing an Urban Form Overlay District and designating an Urban Frontage Line along Lorain Ave. between West 136th Street and West 143rd Street and as shaded on the attached map (Map Change No. 2550). (O 236-17) ...... 926 To approve the Stage Two Planned Unit Development (PUD) application for lands designated as a PUD District in Map Change 2562 (Ord. 440-17) (Map Change No. 2563). (O 554-17) ...... 934 To vacate a portion of West 20th Street. (O 643-17)...... 897

Clerk of Council

From Council President Kevin J. Kelley appointing, without objection by Council, Allan Dreyer as Council Clerk Pro Tempore for May 17, 2017. (F 636-17) ...... 895

Cleveland Hopkins International Airport ( CHIA )

Oath of Office for Khalid Bahhur, Interim Commissioner of Cleveland Hopkins International Airport. (F 678-17) ...... 895

Cleveland Metropolitan School District ( CMSD )

Encouraging all schools and labor unions to collaborate and work together to serve the best interest of our students, and to ensure that teachers may join a union. (R 630-17) ...... 926

Cleveland Public Theater

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 1, 3, 5, 9, 12, 14, 15 and 17 Casino Revenue Funds. (O 623-17) ...... 937

Codified Ordinances

To amend Section-171.40 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 842 13, passed August 14, 2013, relating to the use of City credit cards. (O 667-17) ...... 920 To amend Sections 471.01 471.03, 471.05 and 471.09 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances relating pedestrians. (O 657-17)...... 914 To repeal Sections 365.01 to 365.07 and 367.99 the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances; and to supplement the codified ordinances by enacting Sections 365.01 to 365.07 and 367.99 relating to rental registration and penalty; and to rename Chapter 365 to “Rental Registration.” (O 281-17) ...... 925 To repeal sections 485.03 and 485.09 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 91 96, passed March 18, 1996 and to supplement the codified ordinances by enacting new Sections 485.03 and 485.09, relating to watercraft operation. (O 659-17) ...... 917 To repeal various sections of Chapter 437 of the Codified Ordinances of Cleveland, Ohio, 1976 as amended by various ordinances; and to supplement the codified ordinances by enacting new Sections 437.01 through 437.06, 437.10 through 437.14, 437.16 through 437.19, 437.21, 437.22, 437.24, 437.26, through 437.28, and 437.99 as amended by various ordinances, relating vehicle safety and equipment. (O 655-17) ...... 906 To repeal various sections of Chapter 451 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances; and to supplement the codified ordinances by enacting new Sections 451.03, 451.04, 451.041, 452.24 and 451.27 relating to parking generally. (O 656-17) ...... 912 To repeal various sections of Chapter 473 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances and to supplement the codified ordinances by enacting new Sections 473.01 through 473.03, 473.05, 473.07 and 473.14, relating to bicycles and motorcycles. (O 658-17) ...... 915

Communications

Dedication Plat for Nina Subdivision, Columbus Road and Freeman Avenue. Approved by Committees on Municipal Services and Properties, and Development Planning and Sustainability. Without objection, Plat approved. (F 640-17) ...... 895 From Council President Kevin J. Kelley appointing, without objection by Council, Allan Dreyer as Council Clerk Pro Tempore for May 17, 2017. (F 636-17) ...... 895 944 May 24, 2017 The City Record 53

Community Development

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 1, 3, 5, 9, 12, 14, 15 and 17 Casino Revenue Funds. (O 623-17) ...... 937 Authorizing the Director of the Department of the Department of Community Development to enter into an agreement with Bellaire Puritas Development Corporation for the Summer Safety Education Series in the Park Expo through the use of Ward 16 Casino Revenue Funds. (O 662-17) ...... 923

Community Reinvestment Area

To amend Sections 3 and 9 of Ordinance No. 856 07, passed May 21, 2007, as amended by various ordinances, relating to establishing the City of Cleveland as a Community Reinvestment Area under Section 3735.65 et seq. of the Ohio Revised Code. (O 244-17) ...... 925

Condolences

Condolence Resolution for Charles Perry (R 686-17) ...... 896 Condolence Resolution for Naomi D. (nee Green) Croom (R 680-17) ...... 896

Contracts

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 projects under the 2017 IT Capital Strategic Plan; and to enter into various contracts to implement this ordinance. (O 534-17)...... 936 Authorizing the Director of Finance to enter into various written standard purchase and requirement contracts needed for citywide electronic protection materials, equipment, supplies, and services, including installation and training, and labor and materials if necessary, for the various divisions of City government, for a period of three years, with two additional one year options to renew, exercisable by the Director of Finance. (O 535-17)...... 936 Authorizing the Director of Port Control to employ one or more professional consultants to provide general planning, engineering, and design services, for a period of one year, executed by December 31, 2018, with three one year options to renew, the second of which requires additional legislative authority. (O 645-17)...... 898 Authorizing the Director of Public Safety to apply for and accept a grant from the U.S. Department of Justice, Bureau of Justice Assistance, for the FY-17 Sexual Assault Kit Grant; and authorizing the Director to enter into one or more contracts with to implement the grant. (O 676-17) ...... 922 Authorizing the Director of Public Utilities to employ one or more consultants or vendors to provide professional services necessary to perform general information technology improvements to departmental IT systems, equipment, infrastructure, and telecommunications; to enter into various contracts to implement this ordinance; for a period of one year. (O 668-17) ...... 921 Authorizing the Director of Public Utilities to exercise the first option to renew Contract No. MA 2015 75 with Paladin Protective Systems Inc. to provide labor and materials to test, inspect, maintain, repair, enhance or replace electronic security systems including software and components. (O 646-17) ...... 898 Authorizing the Director of Public Works to enter into one or more contracts with City Year, Inc. to perform community service work and to collaborate with various non-profit agencies. (O 287-17) ...... 925 Authorizing the Director of Public Works to enter into various written standard purchase and requirement contracts needed to upgrade the main fire panel of the existing fire alarm system located in Public Auditorium, including labor and materials if necessary. (O 449-17) ...... 926 Authorizing the purchase by one or more requirement contracts of rock salt, for the Division of Streets, Department of Public Works, for a period of one year. (O 390-17)...... 926 Determining the method of making the public improvement for the grinding of pavement for the local resurfacing of city streets and authorizing the Director of Public Works to enter into one or more public improvement requirement contracts for the making of the improvement, for a period up to one year. (O 448-17)...... 926

Cuyahoga County

Authorizing the Director of Public Health to enter into a tri party agreement with the County of Cuyahoga and the Alcohol, Drug Addiction and Mental Health Services Board of Cuyahoga County to implement a heroin partnership strategy to increase access to treatment and recovery services, for a period of one year. (O 669-17) ...... 922

Easements

Authorizing the Director of Public Works to execute a deed of easement and a temporary deed of easement granting to the Ohio Department of Transportation certain easement rights in property needed to secure the right of way necessary for the improvement and rehabilitation of the Hope Memorial Bridge and declaring the easement rights not needed for the City’s public use. (O 653-17)...... 904 945 54 The City Record May 24, 2017

Authorizing the Director of Public Works to execute a deed of easement granting to the City of Cleveland Heights certain easement rights in property located along the south side of Cedar Road between Ambleside Road and Harcourt Drive; to accept the improvements when complete; to memorialize Cleveland Heights’ obligation to maintain the grounds and improvements; and declaring that the easement rights granted are not needed for public use. (O 649-17)...... 899 Authorizing the Director of Public Works to execute various deeds of easement and various temporary deeds of easement granting to the Northeast Ohio Regional Sewer District certain easement rights in property located in Ambler Park for its Doan Valley tunnel project and declaring the easement rights not needed for the City’s public use. (O 652-17) ...... 901

Economic Development Department

Authorizing the Director of Economic Development to enter into a grant agreement with The Greater Cleveland Sports Commission to provide financial assistance to organize and administer programs for marketing the City of Cleveland as a venue for sporting events and to actively market the Public Auditorium as a premier site for the hosting of major events. (O 647-17) ...... 898

Encroachments

Authorizing the Director of Capital Projects to issue a permit to Case Western Reserve University to encroach into the public right of way of East 101st Street and East 105th Street by installing, using, and maintaining utility crossings. (O 642-17) ...... 896 Authorizing the Director of Capital Projects to issue a permit to the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE), to encroach into the public right of way at 7218 Euclid Avenue by installing, using, and maintaining a bronze historical place marker that would sit on a pole with foundation. (O 641-17) ...... 896 Authorizing the Director of Capital Projects to issue a permit to University Circle Inc. to encroach into the public rights of way of Juniper Road and Ford Drive by installing, using, and maintaining a landscaped median, including a sidewalk and planting beds. (O 203-17) ...... 925

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 projects under the 2017 IT Capital Strategic Plan; and to enter into various contracts to implement this ordinance. (O 534-17)...... 936 Authorizing the Director of Finance to enter into various written standard purchase and requirement contracts needed for citywide electronic protection materials, equipment, supplies, and services, including installation and training, and labor and materials if necessary, for the various divisions of City government, for a period of three years, with two additional one year options to renew, exercisable by the Director of Finance. (O 535-17)...... 936 To amend Section 35 of Ordinance No. 323 15, passed March 30, 2015, as amended by various ordinances, relating to compensation for various classifications. (O 644-17) ...... 897 To amend Section-171.40 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 842 13, passed August 14, 2013, relating to the use of City credit cards. (O 667-17) ...... 920

Fire Alarm Systems

Authorizing the Director of Public Works to enter into various written standard purchase and requirement contracts needed to upgrade the main fire panel of the existing fire alarm system located in Public Auditorium, including labor and materials if necessary. (O 449-17) ...... 926

Grants

Authorizing the Director of Public Safety to apply for and accept a grant from the U.S. Department of Justice, Bureau of Justice Assistance, for the FY-17 Sexual Assault Kit Grant; and authorizing the Director to enter into one or more contracts with to implement the grant. (O 676-17) ...... 922

Health Department

Authorizing the Director of Public Health to enter into a tri party agreement with the County of Cuyahoga and the Alcohol, Drug Addiction and Mental Health Services Board of Cuyahoga County to implement a heroin partnership strategy to increase access to treatment and recovery services, for a period of one year. (O 669-17) ...... 922 Authorizing the Director of the Department of Public Health to enter into agreement with The MetroHealth System for the Project DAWN Program through the use of Wards 2, 3, 8, 10, 11, 12, 13, 14, 15, 16 and 17 Casino Revenue Funds. (O 622-17) ...... 937

Human Resources Department

To amend Section 35 of Ordinance No. 323 15, passed March 30, 2015, as amended by various ordinances, relating to compensation for various classifications. (O 644-17) ...... 897 946 May 24, 2017 The City Record 55

Lead Paint

Urging the Ohio Senate to reject the proposed amendment to the state budget bill that gives the Ohio Department of Health exclusive authority over all lead based paint issues statewide, and preempts Ohio cities from taking proactive efforts to prevent lead poisoning through local inspection and enforcement. (R 577-17) ...... 935

Lease Agreement

Authorizing the Director of Public Works to enter into a lease agreement with Cory Methodist Church, Inc. for the use of its recreational facility at 1117 East 105th Street of Cory Methodist Church, for a period of twenty years. (O 654-17) ...... 905

Leases

Authorizing the Director of Public Works to lease certain property located at 14550 Lorain Avenue from Pleasant Valley Enterprises Limited Partnership, for the public purpose of providing a base of operations for services provided in the northwest section of the City, for a term of one year, with a one year option to renew, exercisable by the Director of Public Works. (O 447-17) ...... 926 Authorizing the Director of Public Works to renew its Lease with the Cleveland Heights University Heights City School District for use of City of Cleveland property located in the City of Cleveland Heights at 2470 West St. James Parkway adjacent to the Roxboro Middle School for recreational purposes, for a term of ninety nine years. (O 650-17) ...... 900

Liquor Permits

#0263185. Stock Application, D5J D6. Aringa LLC, 15710 Waterloo Rd. (Ward 8). (F 638-17) ...... 895 #4127729. New License Application, D5J. IlRione Pizzeria LLC, 1303 West 65th St. (Ward 15). (F 639-17) ...... 895 #4652696. New License Application, C1. King Deli LLC, 8331 Superior Ave. (Ward 7). (F 637-17) ...... 895 #7036175. Economic Development Transfer Application, D5. P & P Hospitality Group LLC, 1801 East 9th St. (Ward 5). (F 671-17) ...... 896 #9164152. Temporary License Application, F8. University Circle, Inc., 10820 East Blvd. (Ward 9). (F 670-17) ...... 895 Objecting to the transfer of ownership of a C1 Liquor Permit to 4189 Ridge Road. (R 616-17) ...... 935 Withdrawing objection to a New C1 Liquor Permit at 3350 East 116th Street and repealing Resolution No. 223-17, objecting to said permit. (R 617-17) ...... 935 Withdrawing objection to the renewal of a C1 and C2 Liquor Permit at 7401 05 Central Avenue, 1st floor and basement and repealing Resolution No. 977 16 objecting to said renewal. (R 673-17) ...... 925 Withdrawing objection to the transfer of ownership of a C2, C2X and D6 Liquor Permit at 2747 Cedar Avenue, 1st floor and basement and repealing Resolution No. 1121-16, objecting to said permit. (R 672-17) ...... 925

Medical Marijuana

Declaring a moratorium on the review and issuance of zoning permits, certificates of occupancy, and other license or permit applications that would enable processors and retail dispensaries of medical marijuana in the City of Cleveland; this moratorium does not extend to the issuance of zoning permits, certificates of occupancy, and other license or permit applications that would enable cultivators of medical marijuana in the City of Cleveland, in accordance with the Ohio Department of Commerce rules and local ordinances; and repealing Ordinance No. 1016 16, passed October 24, 2016. (O 679-17) ...... 923

Name Change

Changing the name of Mill Creek Falls Family Park located at Tioga Road and Warner Road to “Ronald Boehlein Family Park”. (O 661-17)...... 920

Neighborhood Capital Funds

Amending Section 2 of Ordinance No. 745 16, passed June 6, 2016 as amended by Ordinance No. 1125 16, passed September 19, 2016 as it pertains to the interior and exterior renovation improvement of the LaSalle Theater through the use of Ward 8 Neighborhood Capital Funds. (O 666-17) ...... 924

Northeast Ohio Regional Sewer District ( NEORSD )

Authorizing the Director of Public Works to execute various deeds of easement and various temporary deeds of easement granting to the Northeast Ohio Regional Sewer District certain easement rights in property located in Ambler Park for its Doan Valley tunnel project and declaring the easement rights not needed for the City’s public use. (O 652-17) ...... 901 947 56 The City Record May 24, 2017

Oath of Office

Oath of Office for Khalid Bahhur, Interim Commissioner of Cleveland Hopkins International Airport. (F 678-17) ...... 895

Ohio Department of Public Health

Urging the Ohio Senate to reject the proposed amendment to the state budget bill that gives the Ohio Department of Health exclusive authority over all lead based paint issues statewide, and preempts Ohio cities from taking proactive efforts to prevent lead poisoning through local inspection and enforcement. (R 577-17) ...... 935

Ohio Department of Transportation (ODOT)

Authorizing the Director of Public Works to execute a deed of easement and a temporary deed of easement granting to the Ohio Department of Transportation certain easement rights in property needed to secure the right of way necessary for the improvement and rehabilitation of the Hope Memorial Bridge and declaring the easement rights not needed for the City’s public use. (O 653-17)...... 904

Ohio Revised Code

To amend Sections 3 and 9 of Ordinance No. 856 07, passed May 21, 2007, as amended by various ordinances, relating to establishing the City of Cleveland as a Community Reinvestment Area under Section 3735.65 et seq. of the Ohio Revised Code. (O 244-17) ...... 925

Parking

To repeal various sections of Chapter 451 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances; and to supplement the codified ordinances by enacting new Sections 451.03, 451.04, 451.041, 452.24 and 451.27 relating to parking generally. (O 656-17) ...... 912

Parks

Changing the name of Mill Creek Falls Family Park located at Tioga Road and Warner Road to “Ronald Boehlein Family Park”. (O 661-17)...... 920

Permits

Authorizing and directing the Director of Capital Projects to issue a permit to Burten, Bell, Carr Development to stretch a banner at East 55th Street and Scovill Avenue, near East Technical High School, for the period from May 26, 2017, to June 25, 2017, inclusive, publicizing the Annual Ward 5 Family Festival. (O 615-17) ...... 937 Authorizing the Director of Capital Projects to issue a permit to Case Western Reserve University to encroach into the public right of way of East 101st Street and East 105th Street by installing, using, and maintaining utility crossings. (O 642-17) ...... 896 Authorizing the Director of Capital Projects to issue a permit to the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE), to encroach into the public right of way at 7218 Euclid Avenue by installing, using, and maintaining a bronze historical place marker that would sit on a pole with foundation. (O 641-17) ...... 896 Authorizing the Director of Capital Projects to issue a permit to University Circle Inc. to encroach into the public rights of way of Juniper Road and Ford Drive by installing, using, and maintaining a landscaped median, including a sidewalk and planting beds. (O 203-17) ...... 925

Plats

Dedication Plat for Nina Subdivision, Columbus Road and Freeman Avenue. Approved by Committees on Municipal Services and Properties, and Development Planning and Sustainability. Without objection, Plat approved. (F 640-17) ...... 895

Port Control Department

Authorizing the Director of Port Control to employ one or more professional consultants to provide general planning, engineering, and design services, for a period of one year, executed by December 31, 2018, with three one year options to renew, the second of which requires additional legislative authority. (O 645-17)...... 898 Oath of Office for Khalid Bahhur, Interim Commissioner of Cleveland Hopkins International Airport. (F 678-17) ...... 895

Professional Services

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 projects under the 2017 IT Capital Strategic Plan; and to enter into various contracts to implement this ordinance. (O 534-17)...... 936 948 May 24, 2017 The City Record 57

Authorizing the Director of Finance to enter into various written standard purchase and requirement contracts needed for citywide electronic protection materials, equipment, supplies, and services, including installation and training, and labor and materials if necessary, for the various divisions of City government, for a period of three years, with two additional one year options to renew, exercisable by the Director of Finance. (O 535-17)...... 936 Authorizing the Director of Port Control to employ one or more professional consultants to provide general planning, engineering, and design services, for a period of one year, executed by December 31, 2018, with three one year options to renew, the second of which requires additional legislative authority. (O 645-17)...... 898 Authorizing the Director of Public Utilities to employ one or more consultants or vendors to provide professional services necessary to perform general information technology improvements to departmental IT systems, equipment, infrastructure, and telecommunications; to enter into various contracts to implement this ordinance; for a period of one year. (O 668-17) ...... 921

Public Hearings (Notices)

Changing the Use and Area Districts of parcels on the southwest corner of Literary Road and W. 7th Street to ‘RA’ (Townhouse) Use District and an ‘F’ Area District as identified on the attached map (Map Change No. 2564). (O 598-17) ...... 934 Changing the Use, Area and Height Districts of lands between West 70th Street and West 76th Street, south of the Lake Shore & Michigan Southern Railroad right of way as identified on the attached map (Map Change No. 2557). (O 553-17)...... 934 Changing Use of land along Lorain Avenue and along W. 140th Street to be rezoned from GR C2 to LR G2 and MF G2 (Map Change No. 2561). (O 462-17) ...... 934 To approve the Stage Two Planned Unit Development (PUD) application for lands designated as a PUD District in Map Change 2562 (Ord. 440-17) (Map Change No. 2563). (O 554-17) ...... 934

Public Improvements

Amending Section 2 of Ordinance No. 745-16, passed June 6, 2016 as amended by Ordinance No. 1125-16, passed September 19, 2016 as it pertains to the interior and exterior renovation improvement of the LaSalle Theater through the use of Ward 8 Neighborhood Capital Funds. (O 666-17) ...... 924 Authorizing the Director of Public Works to execute a deed of easement granting to the City of Cleveland Heights certain easement rights in property located along the south side of Cedar Road between Ambleside Road and Harcourt Drive; to accept the improvements when complete; to memorialize Cleveland Heights’ obligation to maintain the grounds and improvements; and declaring that the easement rights granted are not needed for public use. (O 649-17)...... 899 Determining the method of making the public improvement for the grinding of pavement for the local resurfacing of city streets and authorizing the Director of Public Works to enter into one or more public improvement requirement contracts for the making of the improvement, for a period up to one year. (O 448-17)...... 926

Public Works

Authorizing the Director of Public Works to enter into a lease agreement with Cory Methodist Church, Inc. for the use of its recreational facility at 1117 East 105th Street of Cory Methodist Church, for a period of twenty years. (O 654-17) ...... 905 Authorizing the Director of Public Works to enter into one or more contracts with City Year, Inc. to perform community service work and to collaborate with various non -profit agencies. (O 287-17) ...... 925 Authorizing the Director of Public Works to enter into one or more license agreements with Case Western Reserve University, to facilitate pedestrian crossing and traffic safety improvements and to make utility connections to the Nord Family Greenway project at or under certain city park drives in Wade Park. (O 651-17) ...... 900 Authorizing the Director of Public Works to enter into various written standard purchase and requirement contracts needed to upgrade the main fire panel of the existing fire alarm system located in Public Auditorium, including labor and materials if necessary. (O 449-17) ...... 926 Authorizing the Director of Public Works to execute a deed of easement and a temporary deed of easement granting to the Ohio Department of Transportation certain easement rights in property needed to secure the right of way necessary for the improvement and rehabilitation of the Hope Memorial Bridge and declaring the easement rights not needed for the City’s public use. (O 653-17)...... 904 Authorizing the Director of Public Works to execute a deed of easement granting to the City of Cleveland Heights certain easement rights in property located along the south side of Cedar Road between Ambleside Road and Harcourt Drive; to accept the improvements when complete; to memorialize Cleveland Heights’ obligation to maintain the grounds and improvements; and declaring that the easement rights granted are not needed for public use. (O 649-17)...... 899 Authorizing the Director of Public Works to execute various deeds of easement and various temporary deeds of easement granting to the Northeast Ohio Regional Sewer District certain easement rights in property located in Ambler Park for its Doan Valley tunnel project and declaring the easement rights not needed for the City’s public use. (O 652-17) ...... 901 Authorizing the Director of Public Works to lease certain property located at 14550 Lorain Avenue from Pleasant Valley Enterprises Limited Partnership, for the public purpose of 949 58 The City Record May 24, 2017

providing a base of operations for services provided in the northwest section of the City, for a term of one year, with a one year option to renew, exercisable by the Director of Public Works. (O 447-17) ...... 926 Authorizing the Director of Public Works to renew its Lease with the Cleveland Heights University Heights City School District for use of City of Cleveland property located in the City of Cleveland Heights at 2470 West St. James Parkway adjacent to the Roxboro Middle School for recreational purposes, for a term of ninety nine years. (O 650-17) ...... 900 Authorizing the purchase by one or more requirement contracts of rock salt, for the Division of Streets, Department of Public Works, for a period of one year. (O 390-17)...... 926 Changing the name of Mill Creek Falls Family Park located at Tioga Road and Warner Road to “Ronald Boehlein Family Park”. (O 661-17)...... 920 Determining the method of making the public improvement for the grinding of pavement for the local resurfacing of city streets and authorizing the Director of Public Works to enter into one or more public improvement requirement contracts for the making of the improvement, for a period up to one year. (O 448-17)...... 926

Recognition

Recognition Resolution for 8th Annual Cleveland Asian Festival (R 683-17) ...... 896 Recognition Resolution for Andre Martin (R 681-17) ...... 896 Recognition Resolution for Harllel Jones Street Dedication (R 682-17)...... 896 Recognition Resolution for Karamu House (R 684-17) ...... 896

Rental Registration

To repeal Sections 365.01 to 365.07 and 367.99 the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances; and to supplement the codified ordinances by enacting Sections 365.01 to 365.07 and 367.99 relating to rental registration and penalty; and to rename Chapter 365 to “Rental Registration.” (O 281-17) ...... 925

Resolution of Support

Encouraging all schools and labor unions to collaborate and work together to serve the best interest of our students, and to ensure that teachers may join a union. (R 630-17) ...... 926

Resolutions - Miscellaneous

Urging the Ohio Senate to reject the proposed amendment to the state budget bill that gives the Ohio Department of Health exclusive authority over all lead based paint issues statewide, and preempts Ohio cities from taking proactive efforts to prevent lead poisoning through local inspection and enforcement. (R 577-17) ...... 935

Safety Department

Authorizing the Director of Public Safety to apply for and accept a grant from the U.S. Department of Justice, Bureau of Justice Assistance, for the FY-17 Sexual Assault Kit Grant; and authorizing the Director to enter into one or more contracts with to implement the grant. (O 676-17) ...... 922 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Police Foundation for the Community Policing Initiative through the use of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 663-17) ...... 923 To amend Sections 471.01 471.03, 471.05 and 471.09 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances relating pedestrians. (O 657-17) ...... 914 To repeal sections 485.03 and 485.09 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 91 96, passed March 18, 1996 and to supplement the codified ordinances by enacting new Sections 485.03 and 485.09, relating to watercraft operation. (O 659-17) ...... 917 To repeal various sections of Chapter 437 of the Codified Ordinances of Cleveland, Ohio, 1976 as amended by various ordinances; and to supplement the codified ordinances by enacting new Sections 437.01 through 437.06, 437.10 through 437.14, 437.16 through 437.19, 437.21, 437.22, 437.24, 437.26, through 437.28, and 437.99 as amended by various ordinances, relating vehicle safety and equipment. (O 655-17) ...... 906 To repeal various sections of Chapter 451 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances; and to supplement the codified ordinances by enacting new Sections 451.03, 451.04, 451.041, 452.24 and 451.27 relating to parking generally. (O 656-17) ...... 912 To repeal various sections of Chapter 473 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances and to supplement the codified ordinances by enacting new Sections 473.01 through 473.03, 473.05, 473.07 and 473.14, relating to bicycles and motorcycles. (O 658-17) ...... 915

Salaries

To amend Section 35 of Ordinance No. 323 15, passed March 30, 2015, as amended by various ordinances, relating to compensation for various classifications. (O 644-17) ...... 897 950 May 24, 2017 The City Record 59

Street Vacation

To vacate a portion of West 20th Street. (O 643-17)...... 897

Streets - Name

An emergency ordinance Designating Tioga Avenue between Warner Road and Turney Road with a secondary and honorary designation of “Warner Turney Neighborhood Organization Way”. (O 660-17) ...... 920 Designating East 18th Street between Euclid Avenue and Chester Avenue with a secondary and honorary designation of “Norman Krumholz Way”. (O 552-17) ...... 937 Designating West 47th Street between Lorain Avenue and Turn Avenue with a secondary and honorary designation of “Sister Maureen Doyle Way”. (O 612-17)...... 926

Streets Division

Authorizing the purchase by one or more requirement contracts of rock salt, for the Division of Streets, Department of Public Works, for a period of one year. (O 390-17)...... 926 Determining the method of making the public improvement for the grinding of pavement for the local resurfacing of city streets and authorizing the Director of Public Works to enter into one or more public improvement requirement contracts for the making of the improvement, for a period up to one year. (O 448-17)...... 926

Tax Abatement

To amend Sections 3 and 9 of Ordinance No. 856 07, passed May 21, 2007, as amended by various ordinances, relating to establishing the City of Cleveland as a Community Reinvestment Area under Section 3735.65 et seq. of the Ohio Revised Code. (O 244-17) ...... 925

Tremont West Development Corporation

Authorizing the Director of the Department of Community Development 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 624-17) ...... 938

Union Miles Development Corporation

Authorizing the Director of the Department of Community Development to enter into agreement with Union Miles Development Corporation for the Family Unity Day Expo through the use of Ward 2 Casino Revenue Funds. (O 674-17) ...... 924

Unions

Encouraging all schools and labor unions to collaborate and work together to serve the best interest of our students, and to ensure that teachers may join a union. (R 630-17) ...... 926

University Circle

Authorizing the Director of Capital Projects to issue a permit to University Circle Inc. to encroach into the public rights of way of Juniper Road and Ford Drive by installing, using, and maintaining a landscaped median, including a sidewalk and planting beds. (O 203-17) ...... 925

US Department of Justice

Authorizing the Director of Public Safety to apply for and accept a grant from the U.S. Department of Justice, Bureau of Justice Assistance, for the FY-17 Sexual Assault Kit Grant; and authorizing the Director to enter into one or more contracts with to implement the grant. (O 676-17) ...... 922

Utilities Department

Authorizing the Director of Public Utilities to employ one or more consultants or vendors to provide professional services necessary to perform general information technology improvements to departmental IT systems, equipment, infrastructure, and telecommunications; to enter into various contracts to implement this ordinance; for a period of one year. (O 668-17) ...... 921 Authorizing the Director of Public Utilities to exercise the first option to renew Contract No. MA 2015 75 with Paladin Protective Systems Inc. to provide labor and materials to test, inspect, maintain, repair, enhance or replace electronic security systems including software and components. (O 646-17) ...... 898 951 60 The City Record May 24, 2017

Ward 01

Authorizing the Director of the Department of Aging to enter into an agreement with Court Community Service for the Senior Lawn Care Program through the use of Ward 1 Casino Revenue Funds. (O 614-17) ...... 937 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 1, 3, 5, 9, 12, 14, 15 and 17 Casino Revenue Funds. (O 623-17) ...... 937 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Police Foundation for the Community Policing Initiative through the use of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 663-17) ...... 923

Ward 02

Authorizing the Director of the Department of Community Development to enter into an agreement with the Mount Pleasant NOW Development Corporation for the Neighborhood Beautification Program through the use of Ward 2 Casino Revenue Funds. (O 665-17)...... 924 Authorizing the Director of the Department of Public Health to enter into agreement with The MetroHealth System for the Project DAWN Program through the use of Wards 2, 3, 8, 10, 11, 12, 13, 14, 15, 16 and 17 Casino Revenue Funds. (O 622-17) ...... 937 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Police Foundation for the Community Policing Initiative through the use of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 663-17) ...... 923 Condolence Resolution for Charles Perry (R 686-17) ...... 896 Condolence Resolution for Naomi D. (nee Green) Croom (R 680-17) ...... 896 Designating Tioga Avenue between Warner Road and Turney Road with a secondary and honorary designation of “Warner Turney Neighborhood Organization Way”. (O 660-17) ...... 920

Ward 03

Authorizing the Director of Public Works to execute a deed of easement and a temporary deed of easement granting to the Ohio Department of Transportation certain easement rights in property needed to secure the right of way necessary for the improvement and rehabilitation of the Hope Memorial Bridge and declaring the easement rights not needed for the City’s public use. (O 653-17)...... 904 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 1, 3, 5, 9, 12, 14, 15 and 17 Casino Revenue Funds. (O 623-17) ...... 937 Authorizing the Director of the Department of Public Health to enter into agreement with The MetroHealth System for the Project DAWN Program through the use of Wards 2, 3, 8, 10, 11, 12, 13, 14, 15, 16 and 17 Casino Revenue Funds. (O 622-17) ...... 937 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Police Foundation for the Community Policing Initiative through the use of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 663-17) ...... 923 Changing the Area District of lands situated along the east side of Walworth Avenue, north of Junction Road, south of I 90 from an RA2 District to an RA3 District as identified on the attached map (Map Change No. 2558). (O 278-17) ...... 926 Changing the Use and Area Districts of parcels on the southwest corner of Literary Road and W. 7th Street to ‘RA’ (Townhouse) Use District and an ‘F’ Area District as identified on the attached map (Map Change No. 2564). (O 598-17) ...... 934 Dedication Plat for Nina Subdivision, Columbus Road and Freeman Avenue. Approved by Committees on Municipal Services and Properties, and Development Planning and Sustainability. Without objection, Plat approved. (F 640-17) ...... 895 Designating West 47th Street between Lorain Avenue and Turn Avenue with a secondary and honorary designation of “Sister Maureen Doyle Way”. (O 612-17)...... 926 To approve the Stage Two Planned Unit Development (PUD) application for lands designated as a PUD District in Map Change 2562 (Ord. 440-17) (Map Change No. 2563). (O 554-17) ...... 934 To vacate a portion of West 20th Street. (O 643-17)...... 897

Ward 04

Authorizing the Director of the Department of Community Development to enter into agreement with Neighborhood Leadership Institute for the Neighborhood Leadership Program through the use of Wards 1, 4, 5, 8, 9 and 17 Casino Revenue Funds. (O 664-17) ...... 924 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Police Foundation for the Community Policing Initiative through the use of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 663-17) ...... 923 Withdrawing objection to a New C1 Liquor Permit at 3350 East 116th Street and repealing Resolution No. 223-17, objecting to said permit. (R 617-17) ...... 935

Ward 05

#7036175. Economic Development Transfer Application, D5. P & P Hospitality Group LLC, 1801 East 9th St. (Ward 5). (F 671-17) ...... 896 952 May 24, 2017 The City Record 61

Authorizing and directing the Director of Capital Projects to issue a permit to Burten, Bell, Carr Development to stretch a banner at East 55th Street and Scovill Avenue, near East Technical High School, for the period from May 26, 2017, to June 25, 2017, inclusive, publicizing the Annual Ward 5 Family Festival. (O 615-17) ...... 937 Authorizing the Director of Capital Projects to issue a permit to the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE), to encroach into the public right of way at 7218 Euclid Avenue by installing, using, and maintaining a bronze historical place marker that would sit on a pole with foundation. (O 641-17) ...... 896 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 1, 3, 5, 9, 12, 14, 15 and 17 Casino Revenue Funds. (O 623-17) ...... 937 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Police Foundation for the Community Policing Initiative through the use of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 663-17) ...... 923 Designating East 18th Street between Euclid Avenue and Chester Avenue with a secondary and honorary designation of “Norman Krumholz Way”. (O 552-17) ...... 937 Withdrawing objection to the renewal of a C1 and C2 Liquor Permit at 7401 05 Central Avenue, 1st floor and basement and repealing Resolution No. 977 16 objecting to said renewal. (R 673-17) ...... 925 Withdrawing objection to the transfer of ownership of a C2, C2X and D6 Liquor Permit at 2747 Cedar Avenue, 1st floor and basement and repealing Resolution No. 1121-16, objecting to said permit. (R 672-17) ...... 925

Ward 06

Authorizing the Director of Public Works to execute various deeds of easement and various temporary deeds of easement granting to the Northeast Ohio Regional Sewer District certain easement rights in property located in Ambler Park for its Doan Valley tunnel project and declaring the easement rights not needed for the City’s public use. (O 652-17) ...... 901 Recognition Resolution for Karamu House (R 684-17) ...... 896

Ward 07

#4652696. New License Application, C1. King Deli LLC, 8331 Superior Ave. (Ward 7). (F 637-17) ...... 895 Authorizing the Director of Capital Projects to issue a permit to Case Western Reserve University to encroach into the public right of way of East 101st Street and East 105th Street by installing, using, and maintaining utility crossings. (O 642-17) ...... 896 Authorizing the Director of Public Works to enter into one or more license agreements with Case Western Reserve University, to facilitate pedestrian crossing and traffic safety improvements and to make utility connections to the Nord Family Greenway project at or under certain city park drives in Wade Park. (O 651-17) ...... 900 Recognition Resolution for 8th Annual Cleveland Asian Festival (R 683-17) ...... 896 Recognition Resolution for Harllel Jones Street Dedication (R 682-17)...... 896

Ward 08

#0263185. Stock Application, D5J D6. Aringa LLC, 15710 Waterloo Rd. (Ward 8). (F 638-17) ...... 895 Amending Section 2 of Ordinance No. 745-16, passed June 6, 2016 as amended by Ordinance No. 1125-16, passed September 19, 2016 as it pertains to the interior and exterior renovation improvement of the LaSalle Theater through the use of Ward 8 Neighborhood Capital Funds. (O 666-17) ...... 924 Authorizing the Director of the Department of Community Development to enter into agreement with Neighborhood Leadership Institute for the Neighborhood Leadership Program through the use of Wards 1, 4, 5, 8, 9 and 17 Casino Revenue Funds. (O 664-17) ...... 924 Authorizing the Director of the Department of Public Health to enter into agreement with The MetroHealth System for the Project DAWN Program through the use of Wards 2, 3, 8, 10, 11, 12, 13, 14, 15, 16 and 17 Casino Revenue Funds. (O 622-17) ...... 937 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Police Foundation for the Community Policing Initiative through the use of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 663-17) ...... 923

Ward 09

#9164152. Temporary License Application, F8. University Circle, Inc., 10820 East Blvd. (Ward 9). (F 670-17) ...... 895 Authorizing the Director of Public Works to enter into a lease agreement with Cory Methodist Church, Inc. for the use of its recreational facility at 1117 East 105th Street of Cory Methodist Church, for a period of twenty years. (O 654-17) ...... 905 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 1, 3, 5, 9, 12, 14, 15 and 17 Casino Revenue Funds. (O 623-17) ...... 937 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Police Foundation for the Community Policing Initiative through the use of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 663-17) ...... 923 Recognition Resolution for Andre Martin (R 681-17) ...... 896 953 62 The City Record May 24, 2017

Ward 10

Authorizing the Director of the Department of Public Health to enter into agreement with The MetroHealth System for the Project DAWN Program through the use of Wards 2, 3, 8, 10, 11, 12, 13, 14, 15, 16 and 17 Casino Revenue Funds. (O 622-17) ...... 937 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Police Foundation for the Community Policing Initiative through the use of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 663-17) ...... 923

Ward 11

Authorizing the Director of the Department of Public Health to enter into agreement with The MetroHealth System for the Project DAWN Program through the use of Wards 2, 3, 8, 10, 11, 12, 13, 14, 15, 16 and 17 Casino Revenue Funds. (O 622-17) ...... 937 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Police Foundation for the Community Policing Initiative through the use of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 663-17) ...... 923

Ward 12

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 1, 3, 5, 9, 12, 14, 15 and 17 Casino Revenue Funds. (O 623-17) ...... 937 Authorizing the Director of the Department of Public Health to enter into agreement with The MetroHealth System for the Project DAWN Program through the use of Wards 2, 3, 8, 10, 11, 12, 13, 14, 15, 16 and 17 Casino Revenue Funds. (O 622-17) ...... 937 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Police Foundation for the Community Policing Initiative through the use of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 663-17) ...... 923

Ward 13

Authorizing the Director of the Department of Public Health to enter into agreement with The MetroHealth System for the Project DAWN Program through the use of Wards 2, 3, 8, 10, 11, 12, 13, 14, 15, 16 and 17 Casino Revenue Funds. (O 622-17) ...... 937 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Police Foundation for the Community Policing Initiative through the use of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 663-17) ...... 923 Objecting to the transfer of ownership of a C1 Liquor Permit to 4189 Ridge Road. (R 616-17) ...... 935

Ward 14

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 1, 3, 5, 9, 12, 14, 15 and 17 Casino Revenue Funds. (O 623-17) ...... 937 Authorizing the Director of the Department of Public Health to enter into agreement with The MetroHealth System for the Project DAWN Program through the use of Wards 2, 3, 8, 10, 11, 12, 13, 14, 15, 16 and 17 Casino Revenue Funds. (O 622-17) ...... 937 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Police Foundation for the Community Policing Initiative through the use of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 663-17) ...... 923 Changing the Use, Area and Height District of parcels along Meyer Avenue between West 25th Street and West 30th Street and as identified on the attached map (Map Change No. 2555). (O 366-17) ...... 926

Ward 15

#4127729. New License Application, D5J. IlRione Pizzeria LLC, 1303 West 65th St. (Ward 15). (F 639-17) ...... 895 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 1, 3, 5, 9, 12, 14, 15 and 17 Casino Revenue Funds. (O 623-17) ...... 937 Authorizing the Director of the Department of Public Health to enter into agreement with The MetroHealth System for the Project DAWN Program through the use of Wards 2, 3, 8, 10, 11, 12, 13, 14, 15, 16 and 17 Casino Revenue Funds. (O 622-17) ...... 937 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Police Foundation for the Community Policing Initiative through the use of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 663-17) ...... 923 Changing the Use, Area and Height Districts of lands between West 70th Street and West 76th Street, south of the Lake Shore & Michigan Southern Railroad right of way as identified on the attached map (Map Change No. 2557). (O 553-17)...... 934 954 May 24, 2017 The City Record 63

Changing the Use, Area, and Height Districts along Lorain Avenue between West 50th Street and West 65th Street and replacing the PRO District with an Urban Form Overlay District along Lorain between West 50th Street and West 61st Street on the north and south sides of the street as shown on the attached map (Map Change No. 2553). (O 441-17) ...... 926

Ward 16

Appreciation Resolution for Tammy Tucker, M. Ed. (R 685-17) ...... 896 Authorizing the Director of the Department of Public Health to enter into agreement with The MetroHealth System for the Project DAWN Program through the use of Wards 2, 3, 8, 10, 11, 12, 13, 14, 15, 16 and 17 Casino Revenue Funds. (O 622-17) ...... 937 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Police Foundation for the Community Policing Initiative through the use of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 663-17) ...... 923 Authorizing the Director of the Department of the Department of Community Development to enter into an agreement with Bellaire Puritas Development Corporation for the Summer Safety Education Series in the Park Expo through the use of Ward 16 Casino Revenue Funds. (O 662-17) ...... 923 Changing Use of land along Lorain Avenue and along W. 140th Street to be rezoned from GR C2 to LR G2 and MF G2 (Map Change No. 2561). (O 462-17) ...... 934 Establishing an Urban Form Overlay District and designating an Urban Frontage Line along Lorain Ave. between West 136th Street and West 143rd Street and as shaded on the attached map (Map Change No. 2550). (O 236-17) ...... 926

Ward 17

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 1, 3, 5, 9, 12, 14, 15 and 17 Casino Revenue Funds. (O 623-17) ...... 937 Authorizing the Director of the Department of Public Health to enter into agreement with The MetroHealth System for the Project DAWN Program through the use of Wards 2, 3, 8, 10, 11, 12, 13, 14, 15, 16 and 17 Casino Revenue Funds. (O 622-17) ...... 937 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Police Foundation for the Community Policing Initiative through the use of Wards 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 663-17) ...... 923

Zoning

Changing the Area District of lands situated along the east side of Walworth Avenue, north of Junction Road, south of I 90 from an RA2 District to an RA3 District as identified on the attached map (Map Change No. 2558). (O 278-17) ...... 926 Changing the Use and Area Districts of parcels on the southwest corner of Literary Road and W. 7th Street to ‘RA’ (Townhouse) Use District and an ‘F’ Area District as identified on the attached map (Map Change No. 2564). (O 598-17) ...... 934 Changing the Use, Area and Height District of parcels along Meyer Avenue between West 25th Street and West 30th Street and as identified on the attached map (Map Change No. 2555). (O 366-17) ...... 926 Changing the Use, Area and Height Districts of lands between West 70th Street and West 76th Street, south of the Lake Shore & Michigan Southern Railroad right of way as identified on the attached map (Map Change No. 2557). (O 553-17)...... 934 Changing the Use, Area, and Height Districts along Lorain Avenue between West 50th Street and West 65th Street and replacing the PRO District with an Urban Form Overlay District along Lorain between West 50th Street and West 61st Street on the north and south sides of the street as shown on the attached map (Map Change No. 2553). (O 441-17) ...... 926 Changing Use of land along Lorain Avenue and along W. 140th Street to be rezoned from GR C2 to LR G2 and MF G2 (Map Change No. 2561). (O 462-17) ...... 934 Establishing an Urban Form Overlay District and designating an Urban Frontage Line along Lorain Ave. between West 136th Street and West 143rd Street and as shaded on the attached map (Map Change No. 2550). (O 236-17) ...... 926 To approve the Stage Two Planned Unit Development (PUD) application for lands designated as a PUD District in Map Change 2562 (Ord. 440-17) (Map Change No. 2563). (O 554-17) ...... 934

Zoning Permits

Declaring a moratorium on the review and issuance of zoning permits, certificates of occupancy, and other license or permit applications that would enable processors and retail dispensaries of medical marijuana in the City of Cleveland; this moratorium does not extend to the issuance of zoning permits, certificates of occupancy, and other license or permit applications that would enable cultivators of medical marijuana in the City of Cleveland, in accordance with the Ohio Department of Commerce rules and local ordinances; and repealing Ordinance No. 1016 16, passed October 24, 2016. (O 679-17) ...... 923

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