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

July the Twenty-Third, Two Thousand and Fourteen

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 49 Board of Control 49 Ward Name Civil Service 50 1 Terrell H. Pruitt Board of Zoning Appeals 50 2 Zachary Reed Board of Building Standards 3 Joe Cimperman and Building Appeals 52 4 Kenneth L. Johnson Public Notice 53 5 Phyllis E. Cleveland Public Hearings 53 6 Mamie J. Mitchell City of Cleveland Bids 53 7 TJ Dow Adopted Resolutions and Ordinances 54 8 Michael D. Polensek Committee Meetings 84 9 Kevin Conwell Index 84 10 Jeffrey D. Johnson 11 Dona Brady 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Brian J. Cummins 15 Matthew Zone 16 Martin J. Sweeney 17 Martin J. Keane

Printed on Recycled Paper DIRECTORY OF CITY OFFICIALS CITY COUNCIL – LEGISLATIVE DEPT. OF PUBLIC SAFETY – Michael C. McGrath, Director, Room 230 President of Council – Kevin J. Kelley DIVISIONS: Animal Control Services – John Baird, Chief Dog Warden, 2690 West 7th Street Ward Name Residence Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd. 1 Terrell H. Pruitt ...... 16920 Throckley Avenue 44128 Emergency Medical Service – Nicole Carlton, Acting Commissioner, 1708 South Pointe Drive 2 Zack Reed ...... 3734 East 149th Street 44120 Fire – Patrick Kelly, Chief, 1645 Superior Avenue 3 Joe Cimperman ...... P.O. Box 91688 44101 Police – Calvin D. Williams, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street 4 Kenneth L. Johnson...... 2948 Hampton Road 44120 DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director 5 Phyllis E. Cleveland...... 2369 East 36th Street 44105 DIVISIONS: 6 Mamie J. Mitchell...... 12701 Shaker Boulevard, #712 44120 Administrative Services – Jesus Rodriguez, Commissioner 7 TJ Dow...... 7715 Decker Avenue 44103 Fair Housing and Consumer Affairs Office – John Mahoney, Manager Neighborhood Development –Chris Garland, Commissioner 8 Michael D. Polensek...... 17855 Brian Avenue 44119 Neighborhood Services – Louise V. Jackson, Commissioner 9 Kevin Conwell ...... 10647 Ashbury Avenue 44106 DEPT. OF BUILDING AND HOUSING – Edward W. Rybka, Director, Room 500 10 Jeffrey D. Johnson ...... 9024 Parkgate Avenue 44108 DIVISIONS: 11 Dona Brady ...... 1272 West Boulevard 44102 Code Enforcement – Thomas E. Vanover, Commissioner 12 Anthony Brancatelli ...... 6924 Ottawa Road 44105 Construction Permitting – Narid Hussain, Commissioner 13 Kevin J. Kelley...... 5904 Parkridge Avenue 44144 DEPT. OF HUMAN RESOURCES – Deborah Southerington, Director, Room 121 14 Brian J. Cummins ...... 3104 Mapledale Avenue 44109 15 Matthew Zone ...... 1228 West 69th Street 44102 DEPT. OF ECONOMIC DEVELOPMENT – Tracey A. Nichols, Director, Room 210 16 Martin J. Sweeney...... 3632 West 133rd Street 44111 DEPT. OF AGING – Jane Fumich, Director, Room 122 17 Martin J. Keane...... 15907 Colletta Lane 44111 COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director, Mayor Frank City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840 G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice-Chairman, Council MAYOR – Frank G. Jackson Member Brian Cummins, Eugene R. Miller, (Board Lawyer), Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, Yasir Hamdallah, Evangeline Hardaway, John O. Horton, Gary Ken Silliman, Secretary to the Mayor, Chief of Staff Johnson, Sr., Daniel McNea, Stephanie Morrison-Hrbek, Roland Muhammad, Gia Hoa Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer Ryan, Peter Whitt. Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs CIVIL SERVICE COMMISSION – Room 119, Robert Bennett, President; Michael L. Martin J. Flask, Executive Assistant to the Mayor of Special Projects Nelson, Sr., Vice-President; Lucille Ambroz, Secretary; Members: Pastor Gregory Jordan, Monyka S. Price, Executive Assistant to the Mayor, Chief of Education Michael Flickinger. Maureen Harper, Executive Assistant to the Mayor, Chief of Communications SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Kevin Jenita McGowan, Executive Assistant to the Mayor, Chief of Sustainability J. Kelley; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director. Natoya J. Walker Minor, Chief of Public Affairs — Interim Director of Equal Opportunity. BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; OFFICE OF CAPITAL PROJECTS – Matthew L. Spronz, Director Mary Haas McGraw, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, Elizabeth DIVISIONS: Kukla, Secretary. Architecture and Site Development – Robert Vilkas, Chief Architect, Manager BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, Engineering and Construction — Richard J. Switalski, Manager Joseph F. Denk, Chairman; Howard Bradley, Patrick M. Gallagher, Robert Maschke, Halim M. Saab, P.E., Alternate Members – D. Cox, P. Frank, E. P. O’Brien, Richard Pace, J.F. Real Estate — James DeRosa, Commissioner Sullivan. DEPT. OF LAW – Barbara A. Langhenry, Director, Gary D. Singletary, Chief Counsel, BOARD OF REVISION OF ASSESSMENTS – Law Director Barbara A. Langhenry, Richard F. Horvath, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel, President; Finance Director Sharon Dumas, Secretary; Council President Kevin J. Kelley. Room 106: John Skrtic, Law Librarian, Room 100 BOARD OF SIDEWALK APPEALS – Capital Projects Director Matthew Spronz, Law DEPT. OF FINANCE – Sharon Dumas, Director, Room 104; Director Barbara A. Langhenry; Council Member ______. Natasha Brandt, Manager, Internal Audit BOARD OF REVIEW – (Municipal Income Tax) – Law Director Barbara A. Langhenry; DIVISIONS: Utilities Director Paul Bender; Council President Kevin J. Kelley. Accounts – Lonya Moss Walker, Commissioner, Room 19 CITY PLANNING COMMISSION – Room 501 – Freddy L. Collier, Jr., Director; Anthony Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 J. Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean City Treasury – James Hartley, Interim Treasurer, Room 115 Pinkney, Norman Krumholz, Council Member Phyllis E. Cleveland. Financial Reporting and Control – James Gentile, Controller, Room 18 FAIR HOUSING BOARD – Charles See, Chair; Lisa Camacho, Daniel Conway, Robert L. Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair Render, Genesis O. Brown. Avenue HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie Purchases and Supplies – Tiffany White, Commissioner, Room 128 Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue David Perkowski, Joan Shaver Washington, Keith Sutton. Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chair man; Clint Martin, Mark Rivera. DEPT. OF PUBLIC UTILITIES – Paul Bender, 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 POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, Vermel Water – Alex Margevicius, Interim Commissioner Whalen, Nancy Cronin, Elvin Vauss. Water Pollution Control – Rachid Zoghaib, Commissioner CLEVELAND LANDMARKS COMMISSION – Room 519 – Jennifer Coleman, Chair; DEPT. OF PORT CONTROL – Ricky D. Smith, Director, Cleveland Hopkins Laura M. Bala, Robert N. Brown, Allan Dreyer, Giancarlo Calicchia, Council Member International Airport, 5300 Riverside Drive Terrell H. Pruitt, Robert Vilkas, Donald Petit, Interim Secretary. DIVISIONS: AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane Burke Lakefront Airport – Khalid Bahhur, Commissioner Down ing, Donna Sciarappa, Council President Kevin J. Kelley; Law Director Barbara A. Cleveland Hopkins International Airport – Fred Szabo, Commissioner Langhenry. DEPT. OF PUBLIC WORKS – Michael Cox, Director CLEVELAND MUNICIPAL COURT OFFICES: JUSTICE CENTER – 1200 ONTARIO STREET Administration – John Laird, Manager JUDGE COURTROOM ASSIGNMENTS Special Events and Marketing – Tangee Johnson, Manager Judge Courtroom DIVISIONS: Presiding and Administrative Judge Ronald B. Adrine – Courtroom 15A Judge Pinkey S. Carr – Courtroom 12B Motor Vehicle Maintenance – Daniel A. Novak, Commissioner Judge Marilyn B. Cassidy – Courtroom 13A Park Maintenance and Properties – Richard L. Silva, Commissioner Judge Michelle Denise Earley – Courtroom 12C Parking Facilities – Antionette Thompson, Interim Commissioner Judge Emanuella Groves – Courtroom 14B Property Management – Tom Nagle, Commissioner Judge Anita Laster Mays – Courtroom 14C Recreation – Samuel Gissentaner, Interim Commissioner Judge Lauren C. Moore – Courtroom 14A Streets – Randell T. Scott, Interim Commissioner Judge Charles L. Patton, Jr. – Courtroom 13D Traffic Engineering – Robert Mavec, Commissioner Judge Raymond L. Pianka (Housing Court Judge) – Courtroom 13B Judge Angela R. Stokes – Courtroom 15C Waste Collection and Disposal – Randell T. Scott, Interim Commissioner Judge Pauline H. Tarver – Courtroom 13C DEPT. OF PUBLIC HEALTH – Toinette Parrilla, Director, 75 Erieview Plaza Judge Ed Wade – Courtroom 12A DIVISIONS: Judge Joseph J. Zone – Courtroom 14D Air Quality – George Baker, Commissioner Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Gregory A. Sims Environment – Chantez Williams, Commissioner, 75 Erieview Plaza – Chief Bailiff; Jerome M. Krakowski – Chief Probation Officer, Gregory F. Clifford – Chief Health – Myron Benett, Commissioner, 75 Erieview Plaza Magistrate, Victor Perez – City Prosecutor The City Record

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 101 WEDNESDAY, JULY 23, 2014 No. 5250 CITY COUNCIL WEDNESDAY, JULY 16, 2014

The City Record The following Committees meet at serve as Clerk of Council Pro Tem- Published weekly by the City Clerk, the Call of the Chair: pore for all matters requiring the Clerk of Council under authority Clerk’s signature between July 2 Mayor's Appointments Committee: of the Charter of the and July 7, 2014. Sweeney (CHAIR), Brady, Cleve- City of Cleveland land, Dow, Kelley. The City Record is available Your assistance is appreciated. online at Operations Committee: Pruitt Sincerely, www.clevelandcitycouncil.org (CHAIR), Kelley, Keane, Mitchell, Kevin J. Kelley, Zone. Address all communications to President Council PATRICIA J. BRITT Rules Committee: Kelley City Clerk, Clerk of Council (CHAIR), Cleveland, Cummins, Received. 216 City Hall Keane, Pruitt. File No. 718-14-A. From Cuyahoga County Board Of PERMANENT SCHEDULE OFFICIAL PROCEEDINGS Elections. Amended Certificate of STANDING COMMITTEES CITY COUNCIL Result of Election on Question or OF THE COUNCIL ______Issue for Issue 11 at the election on 2014-2017 May 6, 2014. Received. Cleveland, Ohio MONDAY — Alternating Wednesday, July 16, 2014 File No. 900-14. The meeting of the Council was From Diana Holly, Asset Manag- 9:30 A.M. — Health and Human called to order at 5:46 p.m. with the er, Emerald Development & Eco- Services Committee: Cimperman President of Council, Kevin J. Kel- nomic Network, Inc. Notification of ley, in the Chair. (CHAIR), Mitchell (VICE-CHAIR), intent to apply for the multifamily Council Members present: Dona Brady, Cleveland, Conwell, Cum- funding programs of the Ohio Hous- Brady, Joe Cimperman, Phyllis E. mins, J. Johnson. ing Finance Agency for a residen- Cleveland, Kevin Conwell, Brian J. tial rental development known as Cummins, TJ Dow, Jeffrey D. John- EDEN Scattered Site Preservation 9:30 A.M. — Municipal Services son, Kevin J. Kelley, Kenneth L. Initiative Phase 1 at 11006 and Property Committee: K. Johnson Johnson, Martin J. Keane, Mamie J. (CHAIR), Sweeney (VICE-CHAIR), Mitchell, Michael D. Polensek, Ter- Parkhurst Avenue in Cleveland, Brancatelli, Cummins, Dow, J. John- rell H. Pruitt, Zack Reed, Martin J. Ohio. Received. son, Reed. Sweeney and Matthew Zone. Also present were: Mayor Frank File No. 901-14. MONDAY G. Jackson, Chief of Staff Ken Sil- From David Bruckman, Chief Sys- liman, Chief Operating Officer Dar- tems Analyst/Biostatistician & 2:00 P.M. — Finance Committee: nell Brown, Chief of Government Accreditation Coordinator, Office of Kelley (CHAIR), Cleveland (VICE- Affairs Valarie J. McCall, Chief of Biostatistics, Department of Public CHAIR), Brady, Brancatelli, Con- Sustainability Jenita McGowan, and Health, City of Cleveland. Notifica- well, Keane, Mitchell, Pruitt, Zone. Directors Langhenry, Dumas, Smith, tion of award and acceptance of a Spronz, Parrilla, McGrath, Cox, $4,000 grant from Ohio Public TUESDAY Rush, Rybka, Southerington, Health Partnership through the Cen- Nichols, Griffin and Ambroz. ters for Disease Control and the 9:30 A.M. — Development, Plan- Ohio Department of Public Health, ning and Sustainability Committee: Council Members, Administration, supporting preparation towards Staff, and those in the audience rose Brancatelli (CHAIR), Cleveland accreditation from the Public Health for a moment of silent reflection, (VICE-CHAIR), Cimperman, Cum- Accreditation Board. Received. mins, Dow, Pruitt, Zone. and the Pledge of Allegiance. File No. 934-14. TUESDAY — Alternating MOTION From Jennifer Wintner, Project Consultant, Welcome House, Inc. 1:30 P.M. — Utilities Committee: On the motion of Council Member Pruitt (CHAIR), Brady (VICE- Keane, the reading of the minutes Notification of intent to apply for CHAIR), Brancatelli, Cummins, of the last meeting was dispensed the multifamily funding programs Keane, Mitchell, Polensek. with and the journal approved. Sec- of the Ohio Housing Finance onded by Council Member Cleveland. Agency for a residential develop- 1:30 P.M. — Workforce and Com- ment for young adults with devel- munity Benefits Committee: Cleve- COMMUNICATIONS opmental disabilities known as land (CHAIR), Zone (VICE-CHAIR), Archives Apartments at 2845 File No. 895-14. J.Johnson, Polensek, Pruitt, Reed, Franklin Boulevard in Cleveland, Sweeney. Ohio. Received. July 1, 2014 OATHS OF OFFICE WEDNESDAY — Alternating Allen Dreyer Deputy Clerk 10:00 A.M. — Safety Committee: Cleveland City Council File No. 896-14. Zone (CHAIR), Conwell (VICE- 601 Lakeside Avenue Myron Benett, Commissioner of CHAIR), Cimperman, Dow, K.John- Room 220 Health, Department of Public son, Keane, Polensek. Cleveland, Ohio 44114 Health. Received.

10:00 A.M. — Transportation Com- Dear Mr. Dreyer: File No. 897-14. mittee: Keane (CHAIR), Dow Patrick Cusick, Deputy Commis- (VICE-CHAIR), Conwell, J. Johnson, You are requested, without objec- sioner of Environment, Department K.Johnson, Reed, Sweeney. tion of Cleveland City Council, to of Public Health. Received. 1011 4 The City Record July 23, 2014

File No. 898-14. Inc., 7910 Harvard Avenue (Ward File No. 928-14. Toinette Parrilla, Director of the 12). Received. RE: #07710350030. New License Department of Public Health. Application, D5. Board of Park Com- Received. File No. 913-14. missioners Cleveland Metro Park RE: #5782460. Stock Application, District, 1785 Merwin St. (Ward 3). File No. 899-14. D5 D6. McNamaras Pub, Inc., 8611 Received. Chantez Williams, Commissioner Lake Avenue (Ward 15). Received. of Environment, Department of Pub- File No. 929-14. lic Health. Received. File No. 914-14. RE: #9169100. New License Appli- RE: #2847017. Stock Application, cation, D5J. Upper Room Entertain- File No. 932-14. D1 D2 D3 D3A D6. 4645 West 130th ment, LLC, 15802 Waterloo (Ward Freddy L. Collier, Jr., Planning Street, Inc., 4645 West 130th St. 8). Received. Director and Secretary to the City (Ward 16). Received. Planning Commission. Received. File No. 930-14. File No. 915-14. RE: #3966220. New License Appli- File No. 933-14. RE: #5516525. Transfer of Owner- cation, D5A. Hopkins Partners/ Chris Garland, Assistant Director ship Application, D5 D6. Maetab, Sheraton Airport Hotel, 5300 River- of City Planning. Received. LLC, 627 Prospect Avenue (Ward 3). side Dr. (Ward 17). Received. Received. STATEMENT OF WORK CONDOLENCE RESOLUTIONS ACCEPTANCE File No. 916-14. RE: #8709989. Economic Develop- The rules were suspended and the File No. 902-14. ment Transfer, D5. Sushi 86, Inc., 509 following Resolutions were adopted From Department of Public Works Prospect Ave., E. (Ward 3). by a rising vote: and Office of Capital. Projects, City Received. of Cleveland, for Loew Park Ball Res. No. 939-14—Charles A. Marks. Diamond Improvements. Contractor: File No. 917-14. Res. No. 940-14—Stafford Lee F. Buddie Contracting, LTD. Con- RE: #0409250. Transfer of Owner- Hodge. tract: #PI20140000000016. Date of ship Application, C1 C2. Balluti E-Z Res. No. 941-14—Henrietta Good- Acceptance: June 9, 2014. Received. Go, Inc., 3500 Brookpark Road win. (Ward 13). Received. Res. No. 942-14—Irene Scruggs. FROM OHIO DIVISION OF Res. No. 943-14—Bessie B. McIn- LIQUOR CONTROL File No. 918-14. tyre. Res. No. 944-14—Judge Clarence L. File No. 903-14. RE: #4560555. Transfer of Loca- tion Application, D1 D2 D3 F3A D6. Gaines. RE: #5438970. Transfer of Owner- Res. No. 945-14—William Alvin ship Application, D1 D2 D3 D3A D6. Kelleys Pub, LLC, 13523 Lakewood Cunningham. Main Avenue Bar, LLC, 1231 Main Heights Blvd. (Ward 16). Received. Res. No. 946-14—Jimmy Scott. St. (Ward 3). Received. File No. 919-14. CONGRATULATIONS RESOLUTIONS File No. 904-14. RE: #9115289. Transfer of Owner- RE: #9789644. New License Appli- ship Application, D5 D6. 1276 West The rules were suspended and the cation, C1. Wright on Time Take 6th, LLC, 1275 West 6th St. (Ward following Resolutions were adopted Out, LLC, 17214 Grovewood Avenue 3). Received. (Ward 8). Received. without objection: File No. 920-14. File No. 905-14. RE: #44210100005. Economic Res. No. 947-14—Robert A. Jacki- RE: #3246657. New License Appli- Development Transfer, C2. K A mowicz. cation, C1. Goldberg Investments Florist, Ltd., 10664 Carnegie Avenue Res. No. 948-14—David Ebersole. Group, LLC, 4200 West 130th St. (Ward 6). Received. Res. No. 949-14—Jack Thompson. (Ward 16). Received. Res. No. 950-14—Nancy Lynne Bax- File No. 921-14. ter. File No. 906-14. RE: #2273669. Economic Develop- Res. No. 951-14—Daniel P. Joyce. RE: #81131450005. Transfer of ment Transfer, D2 D2X D3 D6. Dos Res. No. 952-14—Rev. Dr. Leroy Location Application, C2 C2X. Shri Amigos, LLC, 530 Euclid Avenue Banks, Sr., and Beulah Banks. Hanuman, Inc., 5611 Woodland (Ward 3). Received. Res. No. 953-14—Rev. Dr. Stephen Avenue (Ward 5). Received. Rowan. File No. 922-14. Res. No. 954-14—Pauline Salter File No. 907-14. RE: #2001685. New License Appli- Dixon. RE: #1569435. Transfer of Owner- cation, C1. Debs Market, Inc., 8412 Res. No. 955-14—Pamela Young. ship Application, D1 D2 D3 D3A D6. Cedar Avenue (Ward 6). Received. Res. No. 956-14—Kasumi. CLP, Inc., 4370 Pearl Road (Ward Res. No. 957-14—Deena Mirow 13). Received. File No. 923-14. Epstein. RE: #73626610001. Transfer of Res. No. 958-14—Kathleen Cerve- File No. 908-14. Location Application, C1 C2 D6. ny. Res. No. 959-14—Richard Myers. RE: #2275179. New License Appli- Rida, Inc., 18314 Euclid Avenue Res. No. 960-14—Brad Ricca. cation, Dot & Beanies Tavern, Inc., (Ward 10). Received. 6201 St. Clair Avenue (Ward 10). Res. No. 961-14—Valerie Mayen. Received. Res. No. 962-14—Raymond Bobgan. File No. 924-14. Res. No. 963-14—William Busta. RE: #73626610001. Liquor Agency File No. 909-14. Res. No. 964-14—Club Alma Yau- Contract. Rida, Inc., 18314 Euclid RE: #7279515. Transfer of Owner- cana — 25th Annual Coffee Festival. Avenue (Ward 10). Received. ship Application, D1 D2 D3 D3A. Res. No. 965-14—Rev. Timothy D. Reid and Ivaskovic, LLC, 3855-57 W. Boze. Pearl Road (Ward 12). Received. File No. 925-14. Res. No. 966-14—Anita Comedy. RE: #5262570. Transfer of Owner- Res. No. 967-14—Rev. Robert File No. 910-14. ship Application, C2 C2X. Lorain James Turner. RE: #0255150. New License Appli- Avenue Super Mercabo, Inc., 4506 cation, D5J. Arcadian Food & Drink, Lorain Avenue (Ward 3). Received. RECOGNITION RESOLUTIONS Inc., 6418 Detroit Avenue (Ward 15). Received. File No. 926-14. The rules were suspended and the RE: #08142350015. New License following Resolutions were adopted File No. 911-14. Application, D5J. Bon Appetit Man- without objection: RE: #0958768. Stock Application, agement Co., 11038 Bellflower Road D2 D2X D3 D3A D6. Brinor, Inc., (Ward 9). Received. Res. No. 968-14—L.O.V.E. Ensemble 2205 St. Clair Avenue (Ward 7). Concert Choir. Received. File No. 927-14. Res. No. 969-14—Williams - Rand RE: #0765919. Transfer of Loca- Family Reunion. File No. 912-14. tion Application, D5 D6. Blueprint, Res. No. 970-14—Moore Counseling RE: #0000415. Transfer of Owner- LLC, 18029 Euclid Avenue (Ward & Mediation Services, Inc. ship Application, C1 C2. AAAR Gas, 10). Received. Res. No. 971-14—Lester Ackerman. 1012 July 23, 2014 The City Record 5

Res. No. 972-14—Cleveland’s Amer- Section 4. That the Director of Pub- on this legislation, is approved in all ican Civil War Special History lic Health is authorized to enter into respects and shall not be changed Event. one or more agreements with Medic- without additional legislative author- Res. No. 973-14—Ukrainian Ameri- aid and Medicaid HMOs to receive ity. can Veterans, Inc., Post 24 (67th payments under this ordinance. Section 3. That the Director of Pub- Annual Convention). Section 5. That the Director of Pub- lic Health shall have the authority to lic Health is authorized to charge and extend the term of the grant during APPRECIATION RESOLUTIONS accept fees from participants of this the grant term. program and to deposit those fees into Section 4. That the Director of Pub- The rules were suspended and the a revolving fund which will be used to lic Health shall deposit the grant following Resolutions were adopted provide additional materials equip- accepted under this ordinance into a without objection: ment, supplies, and services under the fund or funds designated by the program described in the file, and the Director of Finance to implement the Res. No. 974-14—Eric Wobser. funds are appropriated for that pur- program as described in the file and Res. No. 975-14—Judy Comeau- pose. appropriated for that purpose. Hart. Section 6. That the Director of Pub- Section 5. That, unless expressly Res. No. 976-14—Elder Paul Car- lic Health shall deposit the grant prohibited by the grant agreement, rington. accepted under this ordinance into a under Section 108(b) of the Charter, fund or funds designated by the purchases made under the grant WELCOME RESOLUTION Director of Finance to implement the agreement may be made through program as described in the file and cooperative arrangements with other The rules were suspended and the appropriated for that purpose. governmental agencies. The Director following Resolution was adopted Section 7. That, unless expressly of Public Health may sign all docu- without objection: prohibited by the grant agreement, ments and do all things that are nec- under Section 108(b) of the Charter, essary to make the purchases, and Res. No. 977-14—Maurice Hines. purchases made under the grant may enter into one or more contracts agreement may be made through with the vendors selected through COMMEMORATION RESOLUTION cooperative arrangements with other that cooperative process. The con- governmental agencies. The Director tracts will be paid from the fund or The rules were suspended and the of Public Health may sign all docu- funds to which are credited any grant following Resolution was adopted ments and do all things that are nec- funds accepted under this ordinance. without objection: essary to make the purchases, and Section 6. That this ordinance is may enter into one or more contracts declared to be an emergency measure Res. No. 978-14—Roberto Ocasio with the vendors selected through and, provided it receives the affirma- Day. that cooperative process. The con- tive vote of two-thirds of all the mem- tracts will be paid from the fund or bers elected to Council, it shall take FIRST READING EMERGENCY funds to which are credited any grant effect and be in force immediately ORDINANCES REFERRED funds and program income accepted upon its passage and approval by the under this ordinance. Mayor; otherwise it shall take effect Ord. No. 829-14. Section 8. That this ordinance is and be in force from and after the ear- By Council Members Cimperman declared to be an emergency measure liest period allowed by law. and Kelley (by departmental and, provided it receives the affirma- Referred to Directors of Public request). tive vote of two-thirds of all the mem- Health, Finance, Law; Committees on An emergency ordinance authoriz- bers elected to Council, it shall take Health and Human Services, Finance. ing the Director of Public Health to effect and be in force immediately apply for and accept a grant from the upon its passage and approval by the Ord. No. 831-14. Cuyahoga County Board of Health for Mayor; otherwise it shall take effect By Council Members Pruitt and the 2015 Immunization Action Plan and be in force from and after the ear- Kelley (by departmental request). Program; authorizing the Director to liest period allowed by law. An emergency ordinance authoriz- charge and accept fees for this pro- Referred to Directors of Public ing the Director of Public Utilities to gram; and authorizing one or more Health, Finance, Law; Committees on enter into one or more contracts with agreements with Medicaid and Medic- Health and Human Services, Finance. BIG Wireless, LLC for professional aid HMOs for the City to receive pay- services necessary to provide Level 3 ments. Ord. No. 830-14. support and maintenance on commu- Whereas, this ordinance constitutes By Council Members Cimperman nication links between buildings and an emergency measure providing for and Kelley (by departmental towers having existing point-to-point the usual daily operation of a munici- request). links, and for remote monitoring, pal department; now, therefore, An emergency ordinance authoriz- spare or replacement parts and equip- Be it ordained by the Council of ing the Director of Public Health to ment, hardware upgrades, and labor the City of Cleveland: apply for and accept a grant from if necessary, for the Division of Section 1. That the Director of Pub- Cuyahoga County Solid Waste Man- Water, Department of Public Utili- lic Health is authorized to apply for agement District for the 2015 Solid ties, for a period of one year. and accept a grant in the approximate Waste Disposal Program. Whereas, this ordinance constitutes amount of $95,340, and any other Whereas, this ordinance constitutes an emergency measure providing for funds as they become available dur- an emergency measure providing for the usual daily operation of a munici- ing the grant term, from the Cuya- the usual daily operation of a municipal department; now, therefore, hoga County Board of Health, to con- pal department; now, therefore, Be it ordained by the Council of duct the 2015 Immunization Action Be it ordained by the Council of the City of Cleveland: Plan Program; that the Director of the City of Cleveland: Section 1. That the Director of Pub- Public Health is authorized to file all Section 1. That the Director of Pub- lic Utilities is authorized to enter into papers and execute all documents lic Health is authorized to apply for one or more contracts with BIG Wire- necessary to receive the funds under and accept a grant in the approximate less, LLC for professional services the grant; and that the funds are amount of $70,000, and any other necessary to provide Level 3 support appropriated for the purposes in the funds that may become available dur- and maintenance on communication summary and budget for the grant. ing the grant term, from the Cuya- links between buildings and towers Section 2. That the summary and hoga County Solid Waste Manage- having existing point-to-point links, budget for the grant, presented to the ment District to conduct the 2015 Solid and for remote monitoring, spare or Finance Committee of this Council at Waste Disposal Program; that the replacement parts and equipment, a public hearing on this legislation Director is authorized to file all hardware upgrades, and labor if nec- and set forth in File No. 829-14-A, is papers and execute all documents essary, in the total sum of $83,000, for made a part of this ordinance as if necessary to receive the funds under the Department of Public Utilities, for fully rewritten, including the obliga- the grant; and that the funds are a period of one year. The contract or tion to devote program income from appropriated for the purposes contracts shall be paid from Fund No. third-party billings, estimated at described in the Summary for the 52 SF 001, Request No. RQS 2002, RL $1,000, is approved in all respects, and grant contained in the file described 2014-68. shall not be changed without addi- below. Section 2. That this ordinance is tional legislative authority. Section 2. That the Summary for the declared to be an emergency measure Section 3. That the Director of Pub- grant, File No. 830-14-A, made a part of and, provided it receives the affirma- lic Health shall have the authority to this ordinance as if fully rewritten, as tive vote of two-thirds of all the mem- extend the term of the grant during presented to the Finance Committee bers elected to Council, it shall take the grant term. of this Council at the public hearing effect and be in force immediately 1013 6 The City Record July 23, 2014 upon its passage and approval by the Be it ordained by the Council of at the option of the Director of Public Mayor; otherwise it shall take effect the City of Cleveland: Utilities, without the necessity of and be in force from and after the ear- Section 1. That this Council deter- obtaining additional authority of this liest period allowed by law. mines that the within commodities Council. Referred to Directors of Public Util- are non-competitive and cannot be Section 2. That the costs of the con- ities, Finance, Law; Committees on secured from any source other than tract or contracts shall be charged Utilities, Finance. Interfleet, Inc. Therefore, the Direc- against the proper appropriation tor of Public Utilities is authorized to accounts and the Director of Finance Ord. No. 832-14. make one or more written require- shall certify the amount of any pur- By Council Members Pruitt and ment contracts with Interfleet, Inc., chase under the contract, each of Kelley (by departmental request). for the requirements for a period not which purchases shall be made on An emergency ordinance authoriz- to exceed two years, with two one- order of the Commissioner of Pur- ing the Director of Public Utilities to year options to renew, the first of chases and Supplies by a delivery enter into one or more requirement which requires additional legislative order issued against the contract or contracts without competitive bid- authority, of the necessary items to contracts and certified by the Direc- ding with Interfleet, Inc. to host, host, maintain, and replace, as need- tor of Finance. (RQN 2002, RL 2014-11) maintain, and replace, as needed, ed, components of the automated vehi- Section 3. That this ordinance is components of the automated vehicle cle locator system, to be purchased by declared to be an emergency measure locator system, for the Division of the Commissioner of Purchases and and, provided it receives the affirma- Water, Department of Public Utili- Supplies on a unit basis, for the Divi- tive vote of two-thirds of all the mem- ties, for a period of two years, with sion of Water, Department of Public bers elected to Council, it shall take two one-year options to renew, the Utilities. The first of the one-year effect and be in force immediately first of which requires additional leg- options to renew may not be exercised upon its passage and approval by the islative authority. without additional legislative author- Mayor; otherwise it shall take effect Whereas, this ordinance constitutes ity. If such additional legislative and be in force from and after the ear- an emergency measure providing for authority is granted and the first of liest period allowed by law. the usual daily operation of a munici- the one-year options to renew is exer- Referred to Directors of Public Util- pal department; now, therefore, cised, then the second of the one-year ities, Finance, Law; Committees on options to renew may be exercisable Utilities, Finance.

Ord. No. 833-14. By Council Members K. Johnson and Brancatelli (by departmental request). An emergency ordinance to amend the title and Section 1 of Ordinance No. 894-12, passed October 29, 2012, relating to an encroachment permit to Crown Castle NG East Inc. to encroach into the public right-of-way with nodes and duct banks at various locations. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the title and Section 1 of Ordinance No. 894-12, passed October 29, 2012, are amended to read as follows: An emergency ordinance authorizing the Director of Capital Projects to issue a permit to Crown Castle NG East Inc. to encroach into the public right-of-way with 24 nodes (distributed antenna systems) to be attached to Cleve- land Public Power utility poles and City of Cleveland traffic signal poles (by separate permission of the poles’ owners) along with 24 ground cabinets and 25 duct banks to connect existing AT&T manholes and ground cabinets for the nodes. Section 1. That the Director of Capital Projects is authorized to issue a permit, revocable at the will of Coun- cil, to Crown Castle NG East Inc., 2000 Corporate Drive, Canonburg, PA 15317 (“Permittee”) to encroach into the public right-of-way of various streets by installing, using, and maintaining 24 nodes (distributed antenna systems) to be attached to Cleveland Public Power utility poles and City of Cleveland traffic-signal poles (by separate permission of the poles’ owners) along with 24 ground cabinets and 25 duct banks to connect existing AT&T manholes and ground cabinets for the nodes, at 36 inches minimum depth, at the locations more fully described as follows:

Address Pole Type Owner

1951 Superior Avenue East Fiberglass Streetlight CPP 1534 Superior Avenue East Fiberglass Streetlight CPP 1218 Superior Avenue East Steel Traffic Pole City 602 Superior Avenue East Steel Traffic Pole City 2007 SR-14/US-422 Steel Traffic Pole City 2168 SR-14/US-422 Steel Streetlight CPP 2329 SR-14/US-422 Steel Streetlight CPP 1955 East 9th Street Steel Traffic Pole City 2212 East 9th Street Steel Traffic Pole City 1363 Euclid Avenue Steel Traffic Pole City 1745 Euclid Avenue Steel Traffic Pole City 1803 Carnegie Avenue Steel Traffic Pole City 2104 Prospect Avenue Steel Traffic Pole City 2103 Chester Avenue Steel Traffic Pole City 2413 Chester Avenue Wood Streetlight CPP 2396 Euclid Avenue Steel Traffic Pole City 222 St. Clair Avenue NE Steel Traffic Pole City 208 W. Lakeside Avenue Steel Streetlight CPP 597 E. Lakeside Avenue Steel Traffic Pole City 1019 Lakeside Avenue E Concrete Streetlight CPP 904 St. Clair Avenue NE Steel Traffic Pole City 903 W. Superior Avenue Steel Traffic Pole City 1088 East 9th Street Fiberglass Streetlight CPP 520 Erieside Avenue Fiberglass Streetlight CPP 1014 July 23, 2014 The City Record 7

Duct Bank Locations Node: VRZCL01A Address: 1951 Superior Avenue East Affected Intersections: Superior Avenue East and East 21st Street, and Superior Avenue East and East 19th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 170B located 52 feet northwest of the centerline of Superior Avenue East along East 21st Avenue, thence 17 feet southeast along East 21st Street to a bend, thence 316 feet southwest running 5 feet southeast of and parallel to the northwestern curb line of Superior Avenue East to a bend, thence northwest 7 feet to an existing CPP street light pole and terminus point of the proposed duct line.

Node: VRZCL02A Address: 1534 Superior Avenue East Affected Intersections: Superior Avenue East and East 15th Street, Lindazzo Avenue and East 15th Street, and Rockwell Avenue and East 15th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 103D at the intersection of East 15th Street and Rockwell Avenue, thence 20 feet northeast to a bend, thence 395 feet southeast running 2 feet southwest of and parallel to the northeastern curb line of East 15th Street to a bend, thence 49 feet northeast along Superior Avenue East to a bend, thence 4 feet southeast to an existing CPP street light pole and terminus point of the proposed duct line.

Node: VRZCL03A Address: 1218 Superior Avenue East Affected Intersection: Superior Avenue East and East 12th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 160B located 55 feet south of Superior Avenue East in East 12th Street, thence 9 feet northwest along East 12th Street to a bend, thence 70 feet northeast across East 12th Street to an existing CPP street light pole and terminus point of the proposed duct line.

Node: VRZCL04A Address: 602 Superior Avenue Affected Intersection: Superior Avenue and East 6th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 129H located 37 feet south of Superior Avenue in East 6th Street, thence 3 feet northwest along East 6th Street to a bend, thence 52 feet northeast across East 6th Street to a bend, thence southeast 6 feet to an existing CPP traffic light pole and terminus point of the proposed duct line.

Node: VRZCL05G Address: 2007 Ontario Street Affected Intersection: South Roadway and Ontario Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 77F located 150 feet southeast of the centerline of South Roadway in Ontario Street, thence 70 feet northwest running 10 feet northeast of and parallel to the southeastern curb line of Ontario Street to a bend, thence northeast 12 feet to an existing CPP traffic light pole and terminus point of the proposed duct line.

Node: VRZCL06A Address: 2168 Ontario Street Affected Intersection: 150'-180' south of the Ontario Street and High Street intersection Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 79D located 154' south of the centerline of High Street in Ontario Street, thence 25 feet northwest across Ontario Street to a bend, thence 65 feet southwest along Ontario Street to an existing CPP street light pole and terminus point of the proposed duct line.

Node: VRZCL07B Address: 2329 Ontario Street Affected Intersections: Ontario Street and Bolivar Road, and Ontario Street and Eagle Avenue Metes & Bounds of Conduit Path in Right-of-Way: Beginning at manhole 321-2 located 43 feet southeast of the centerline of Bolivar Road along the northeastern curb line of Ontario Street, thence 43 feet southeast running 4 feet behind the northeastern curb line of Ontario Street, thence 12 feet northeast to an existing CPP street light pole and terminus point of the proposed duct line.

Node: VRZCL08A Address: 1955 East 9th Street Affected Intersection: Euclid Avenue and East 9th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 55C located 38 feet northeast of East 9th Street in Euclid Avenue, thence 17 feet north across Euclid Avenue to a bend, thence northwest 29 feet to a bend, thence west 7 feet to an existing CPP traffic light pole and terminus point of the proposed duct line.

Node: VRZCL09B Address: 2212 East 9th Street Affected Intersection: Bolivar Road and East 9th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at AT&T manhole 157J located 40 feet southeast of the centerline of Bolivar Road in East 9th Street, thence 26 feet southwest across East 9th Street to an existing CPP traffic light pole and terminus point of the proposed duct line. 1015 8 The City Record July 23, 2014

Node: VRZCL10A Address: 1363 Euclid Avenue Affected Intersection: Euclid Avenue and East 14th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 57”I” located 31' northeast of the centerline of East 14th Street in Euclid Avenue, thence 19 feet north across Euclid Avenue to a bend, thence west 14 feet to an existing CPP traffic light pole and terminus point of the proposed duct line.

Node: VRZCL11A Address: 1745 Euclid Avenue Affected Intersections: Euclid Avenue and East 18th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 57H located 13 feet east of the centerline of East 18th Street in Euclid Avenue, thence 41 feet west along Euclid Avenue to a bend, thence 29 feet north across Euclid Avenue to an existing CPP traffic light pole and terminus point of the proposed duct line.

Node: VRZCL12B Address: 1803 Carnegie Avenue Affected Intersection: Carnegie Avenue and East 18th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at AT&T manhole 32B in the island at the southwest corner of the East 18th Street and Carnegie Avenue intersection, thence 96 feet southeast across East 18th Street to a bend on the eastern side of East 18th Street, thence 214' north along East 18th Street to an existing CPP traffic light pole in the northeast corner of said intersection and terminus point of the proposed duct line.

Node: VRZCL13A Address: 2104 Prospect Avenue Affected Intersection: Prospect Avenue and East 21st Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 96C located 38 feet west of East 21st Street in Prospect Avenue, thence 50 feet east along Prospect Avenue to a bend, thence 46 feet toward the southern curb line of Prospect Avenue to an existing CPP traffic light pole and terminus point of the proposed duct line.

Node: VRZCL14C Address: 2103 Chester Avenue Affected Intersections: Chester Avenue and East 21st Street, and Payne Avenue & East 21st Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 85C located 11 feet south of the centerline of Payne Avenue in East 21st Street, thence 760 feet south running 4 feet west of and parallel to the eastern curb line of East 21st Street and crossing Chester Avenue to an existing CPP street light pole and terminus point of the proposed duct line.

Node: VRZCL15A Address: 2413 Chester Avenue Affected Intersections: Payne Avenue and East 24th Street, Payne Court and East 24th Street, I-90 Ramps and East 24th Street, and Chester Avenue and East 24th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 86B located 18 feet west of the centerline of East 24th Street in Payne Avenue, thence 25 feet east along Payne Avenue to a bend, thence 860 feet south running 4 feet west of and parallel to the eastern curb line of East 24th Street to a bend around the northeastern corner of East 24th Street and Chester Avenue, thence 85 feet east along Chester Avenue to a bend, thence 4' north to an existing CPP street light pole and terminus point of the proposed duct line.

Node: VRZCL016A Address: 2396 Euclid Avenue Affected Intersection: Euclid Avenue and East 24th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 59E located adjacent to the centerline of East 24th Street in Euclid Avenue, thence 13 feet south across Euclid Avenue to a bend, thence 70 feet west along Euclid Avenue to an existing CPP traffic light pole and terminus point of the proposed duct line.

Node: VRZCL17A Address: 222 St. Clair Avenue Affected Intersection: St. Clair Avenue and West Mall Drive Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 117A located 116' southwest of the intersection of St. Clair Avenue and West Mall Drive, thence 48 feet northeast along St. Clair Avenue to a bend, thence 45 feet southeast across St. Clair Avenue to an existing CPP street light pole and terminus point of the proposed duct line.

Node: VRZCL18A Address: 208 Lakeside Avenue W Affected Intersection: Lakeside Avenue and Ontario Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 76A located 18 feet southwest of the centerline of Ontario Street in Lakeside Avenue, thence 34 feet southwest along Lakeside Avenue to a bend, thence 15 feet northwest across Lakeside Avenue to an existing CPP traffic light pole and terminus point of the proposed duct line.

Node: VRZCL19A Address: 597 Lakeside Avenue East Affected Intersection: Lakeside Avenue East and East 6th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 74A located 17 feet southwest of the centerline of East 6th Street in Lakeside Avenue East, thence 37 feet southwest along Lakeside 1016 July 23, 2014 The City Record 9

Avenue East to a bend, thence 10 feet northeast across Lakeside Avenue East to an existing CPP traffic light pole and terminus point of the proposed duct line.

Node: VRZCL20A Address: 1019 Lakeside Avenue East Affected Intersection: 155'-355' northwest of East 9th Street on Lakeside Avenue East Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 306-1 located 155 feet northeast of the centerline of East 9th Street in Lakeside Avenue East, thence 24 feet northeast along Lakeside Drive East, thence 28 feet on an angle to Lakeside Avenue East to a bend, thence 149 feet northeast running 4 feet southeast of and parallel to the northwestern curb line of Lakeside Avenue East to a bend, thence northwest 6 feet to an existing CEI street light pole and terminus point of the proposed duct line.

Node: VRZCL21A Address: 904 St. Clair Avenue Northeast Affected Intersection: St. Clair Avenue Northeast and East 9th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 119D located 136 feet northeast of the centerline of East 9th Street in St. Clair Avenue NE, thence 65 feet southeast across St. Clair Avenue NE to a bend, thence southwest running 4 feet northwest of and parallel to the southeastern curb line of St. Clair Avenue NE to a bend, thence southeast 5 feet to an existing CEI street light pole and terminus point of the proposed duct line.

Node: VRZCL22A Address: 903 West Superior Avenue Affected Intersections: West Superior Avenue and Superior Avenue, and West 9th Street and West Huron Road Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 126E located 60' northwest of the centerline of West Superior Avenue in Superior Avenue, thence southeast 110 feet across Superior Avenue to an existing CEI street light pole and terminus point of the proposed duct line.

Node: VRZCL23B Address: 1088 East 9th Street Affected Intersection: Erieside Avenue and East 9th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 344-1 located 460' southwest of the East 9th Street centerline on West 9th Street, thence 451 feet north behind the eastern curb line of Erieside Avenue to an existing CEI street light pole and terminus point of the proposed duct line.

Node: VRZCL24B Address: 520 Erieside Avenue Affected Intersection: Erieside Avenue and Alfred Lerner Way Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 376-5 located 93 feet northeast of the northwestern leg of Erieside Avenue along the northeastern portion of Erieside Avenue, thence 165 feet northeast along the back of the southeastern curb line of Erieside Avenue to an existing CPP street light pole and terminus point of the proposed duct line.

Node: HUBB Location Address: 1100 Carnegie Avenue Affected Intersection: Carnegie Avenue and East 9th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 26A located 165 feet northeast of the centerline of East 9th Street in Carnegie Avenue, thence 85 feet northeast along Carnegie Avenue to a bend, thence southeast 30 feet across Carnegie Avenue to the HUBB located at 1100 Carnegie Avenue and terminus point of the proposed duct line. Section 2. That the existing title and Section 1 of Ordinance No. 894-12, passed October 29, 2012, are repealed. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred to Directors of Capital Projects, City Planning Commission, Finance, Law; Committees on Municipal Services and Properties, Development Planning and Sustainability.

Ord. No. 834-14. By Council Members K. Johnson and Brancatelli (by departmental request). An emergency ordinance authorizing the Director of Capital Projects to issue a permit to Crown Castle NG East Inc. to encroach into the public right-of-way with 23 nodes (distributed antenna systems) to be attached to Cleve- land Public Power utility poles and City of Cleveland traffic signal poles (by separate permission of the poles’ owners) together with 23 ground cabinets and electrical duct banks. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Capital Projects is authorized to issue a permit, revocable at the will of Coun- cil, to Crown Castle NG East Inc., 2000 Corporate Drive, Canonburg, PA 15317 (“Permittee”), to encroach into the public right-of-way of various streets by installing, using, and maintaining 23 nodes (distributed antenna systems) to be attached to Cleveland Public Power utility poles and City of Cleveland traffic-signal poles (by separate permission of the poles’ owners) together with 23 ground cabinets and electrical duct banks, at the locations more fully described as follows:

Name Crown BUN Address Lat Long

Node CL001 918969 3410 E. 114th St. 41.4659583 -81.6042278 Node CL002 918970 3202 E. 117th St. 41.4714500 -81.6017556 1017 10 The City Record July 23, 2014

Node CL003 918971 12975 Imperial Ave. 41.4728889 -81.5920611 Node CL004 918966 3791 E. 126th St. 41.4558017 -81.5953163 Node CL005 918967 11511 Clarebird Ave. 41.4585520 -81.6032102 Node CL006 918963 3488 E. 142nd St. 41.4647662 -81.5834897 Node CL007 918964 3341 E. 137th St. 41.4682442 -81.5874127 Node CL008 918968 13581 Horner Ave. 41.4558739 -81.5877482 Node CL009 918965 3671 E. 143rd St. 41.4595559 -81.5822668 Node CL010 918972 11602 Kensington Ave. 41.4498662 -81.7680281 Node CL011 918973 12799 Wayland Ave. 41.4504806 -81.7760255 Node CL012 918974 13311 Courtland Ave. 41.4456071 -81.7827300 Node CL013 918975 4242 W. 134th St. 41.4393891 -81.7835120 Node CL014 918976 13327 Puritas Ave. 41.433314 -81.7839330 Node CL015 918977 4600 W. 127th St. 41.42825355 -81.7774194 Node CL018 918954 1910 Carter Rd. 41.4930696 -81.6969572 Node CL019 918958 1099 W. 9th St. 41.5017361 -81.7029111 Node CL020 928952 1200 Lakeside Ave. 41.5066619 -81.6890753 Node CL021 918953 1700 E. 9th St. 41.5020699 -81.6885757 Node CL022 918955 Location to be confirmed and approved by Division of Engineering and Construction Node CL023 918956 1802 Robert Lockwood Jr. Dr. 41.4858667 -81.6996278 Node CL024 918959 1329 W. 9th St. 41.4988611 -81.7002444 Node CL025 918957 608 Prospect Ave. 41.4984333 -81.6886222

Section 2. That Permittee may assign the permit only with the written consent of the Director of Capital Pro- jects. That nothing in this ordinance grants or shall be considered to grant to Permittee any right, privilege, or permission to use, or to attach or affix any object to, poles; Permittee shall obtain such permission from the respective pole owner. Section 3. That the encroaching objects permitted by this ordinance shall conform to plans and specifications first approved by the Manager of Engineering and Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroachments. Section 4. That the Director of Law shall prepare the permit authorized by this ordinance and shall incorpo- rate such additional provisions as the director determines necessary to protect and benefit the public interest. The permit shall be issued only when, in the opinion of the Director of Law, a prospective Permittee has properly indemnified the City against any loss that may result from the encroachment(s) permitted. Section 5. That the Permit shall reserve reasonable right of entry to the encroachment location to the City. Section 6. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred to Directors of Capital Projects, City Planning Commission, Finance, Law; Committees on Municipal Services and Properties, Development Planning and Sustainability.

Ord. No. 835-14. Encroachment Permit Area point of tangency, said curve having By Council Members K. Johnson 1717 East 9th Street a radius of 20.00 feet, a central angle and Brancatelli (by departmental Cleveland, Ohio of 89°-53'-33", a tangent distance of request). Situated in the City of Cleveland, 19.96 feet, and a chord which bears An emergency ordinance authoriz- County of Cuyahoga and State of North 79°-03'-04" West, 28.26 feet; ing the Director of Capital Projects to Ohio, and known as being part of issue a permit to K&D Management Original Two Acre Lot No. 167, said Course No. 6: thence North 33°-59'- LLC to encroach into the public right- premises being more particularly 50" West, a distance of 128.81 feet to a of-way of East 9th Street, Superior bounded and described as follows: point of curvature; Avenue, and Walnut Avenue by Beginning at the intersection of the installing, using, and maintaining northeasterly line of East 9th Street Course No. 7: thence northeasterly permanent streetscape improve- (formerly Erie Street), 99 feet wide, along the arc of a curve deflecting to ments. and the southeasterly line of Superior the right, a distance of 42.51 feet to a Whereas, this ordinance constitutes Avenue N. E., 132 feet wide; point of tangency, said curve having an emergency measure providing for a radius of 27.00 feet, a central angle the usual daily operation of a munici- Course No. 1: thence South 33°-59'- of 90°-12'-10", a tangent distance of 50" East along the northeasterly line pal department; now, therefore, 27.10 feet, and a chord which bears of East 9th Street, a distance of 132.83 Be it ordained by the Council of North 10°-54'-05" East, 38.25 feet; feet to its intersection with the north- the City of Cleveland: westerly line of Walnut Avenue N. E., Section 1. That the Director of Capi- Course No. 8: thence North 55°-48'- 66 feet wide; tal Projects is authorized to issue a 00" East, a distance of 143.65 feet to a point; permit, revocable at the will of Coun- Course No. 2: thence North 55°-53'- cil, to K&D Management LLC, 4420 43" East along the northwesterly line Sherwin Road, Willoughby, Ohio of Walnut Avenue N. E., a distance of Course No. 9: thence South 34°-12'- 44094 (“Permittee”), to encroach into 137.00 feet to a point; 00" East, a distance of 28.00 feet to a the public right-of-way of East 9th point on the southeasterly line of Street, Superior Avenue, and Walnut Course No. 3: thence South 34°-06'- Superior Avenue N. E.; Avenue by installing, using, and 17" East, a distance of 15.00 feet to a maintaining permanent streetscape point; Course No. 10: thence South 55°-48'- improvements including, but not lim- 00" West along the southeasterly line ited to, curbed tree pits and grates, Course No. 4: thence South 55°-53'- of said Superior Avenue N. E., a dis- irrigation lines and appurtenances, 43" West, a distance of 130.78 feet to a tance of 157.00 feet to the place of fencing for outdoor dining area, light- point of curvature; beginning, said premises containing ed planters and electrical ducts, “Col- 0.198 acre of land more or less, as pre- umn”-style pedestrian lights and elec- Course No. 5: thence northwesterly pared in June of 2014 by Robert A. trical ducts, 8" by 36" bollards, ramp along the arc of a curve deflecting to Dorner, Registered Professional Land and railing, at the following location: the right, a distance of 31.38 feet to a Surveyor No. 6943 on behalf of 1018 July 23, 2014 The City Record 11

McSteen & Associates, Inc. under Pro- inside the right of way of Bridge Finance, Law; Committees on Munici- ject No. 14-080 and being subject to all Avenue, a 66' right of way, said point pal Services and Properties, Develop- legal highways and easements of being contiguous with the southerly ment Planning and Sustainability. record. line of Sublot Numbers 54 and 55 of The basis of bearings for this sur- the Severance and Folsom’s Subdivi- Ord. No. 838-14. vey is North 55°-48'-00" East as the sion and part of Original Lots No. 52 in By Council Member Kelley (by centerline of Superior Avenue N. E., the Township of Brooklyn. departmental request). as evidenced by monuments found, Commencing at a point witnessed An emergency ordinance authoriz- and is the same bearing as found in by a record 5/8" capped iron rod ing the Director of Finance to exer- Volume 365 of Maps, Pages 78 and 79 stamped “Welch’s Clev. 6370” at the cise the third option to renew Con- of Cuyahoga County Records. most Northeasterly corner of said tract No. MA 1511 RC2010-118 with Legal Description approved by Sublot No. 54 and on the westerly Software House International to pro- Greg Esber, Section Chief, Plats, Sur- right of way of West 30th Street, 66 vide Microsoft licenses for the various veys and House Numbering Section. feet wide; thence S 31°37'02" E, divisions of City government. Section 2. That Permittee may 107.80' more or less along said west- Whereas, under the authority of assign the permit only with the prior erly Right of Way of West 30th Street Ordinance No. 804-10, passed July 14, written consent of the Director of to a point of intersection with the 2010, the Director of Finance entered Capital Projects. That the encroach- northerly Right of Way of Bridge into Contract No. MA 1511 RC2010-118 ing structure(s) permitted by this Avenue, 66 feet wide, said point being with Software House International to ordinance shall conform to plans and referenced by an encroaching build- provide Microsoft licenses for the var- specifications first approved by the ing corner South 0.05 feet and East ious divisions of City government; Manager of Engineering and Con- 0.42 feet; thence S 58°13'11" W, 12.93' and struction. That Permittee shall obtain along said northerly Right of Way of Whereas, Ordinance No. 804-10 all other required permits, including Bridge Avenue to the true point of requires further legislation before but not limited to Building Permits, beginning; exercising the third option to renew before installing the encroach - 1.) Thence S 31°46'49" E, 5.68' to a on this contract; and ment(s). point; Whereas, this ordinance constitutes Section 3. That the Director of Law 2.) Thence S 58°11'55" W, 26.06' an emergency measure providing for shall prepare the permit authorized parallel with the north line of said the usual daily operation of a munici- by this ordinance and shall incorpo- Bridge Avenue to a point; pal department; now, therefore, rate such additional provisions as the 3.) Thence N 31°46'49" W, 5.69' to a Be it ordained by the Council of director determines necessary to pro- point on the south line of said Bridge the City of Cleveland: tect and benefit the public interest. Avenue; Section 1. That the Director of The permit shall be issued only when, 4.) Thence N 58°13'11" E, 25.06' Finance is authorized to exercise the in the opinion of the Director of Law, along the south line of said Bridge third option to renew Contract No. MA a prospective Permittee has properly Avenue to the true point of beginning. 1511 RC2010-118 for an additional year indemnified the City against any loss The above described handicap in the approximate of $1,637,750.00, for that may result from the encroach- ramp easement contains 0.0043 acres the requirements for an additional ment(s) permitted. which is in the Right of Way of said year of Microsoft licenses for the var- Section 4. That the permit shall Bridge Avenue as geometrically ious divisions of City government. reserve to the City reasonable right of described from record data from a sur- This ordinance constitutes the addi- entry to the encroachment vey by the Atwell Group of Solon Ohio tional legislative authority required location(s). dated 9/20/2012 and not physically by Ordinance No. 804-10 to exercise Section 5. That this ordinance is surveyed by H. David Laurila, P.S. this option. (RQN 1511 RL 2014-34) declared to be an emergency measure 7663 of Laurila Surveying on May 19, Section 2. That this ordinance is and, provided it receives the affirma- 2014. declared to be an emergency measure tive vote of two-thirds of all the mem- Legal Description approved by and, provided it receives the affirma- bers elected to Council, it shall take tive vote of two-thirds of all the mem- effect and be in force immediately Greg Esber, Section Chief, Plats, Sur- veys and House Numbering Section. bers elected to Council, it shall take upon its passage and approval by the effect and be in force immediately Mayor; otherwise it shall take effect Section 2. That Permittee may upon its passage and approval by the and be in force from and after the ear- assign the permit only with the prior Mayor; otherwise it shall take effect liest period allowed by law. written consent of the Director of and be in force from and after the ear- Referred to Directors of Capital Capital Projects. That the encroach- liest period allowed by law. Projects, City Planning Commission, ing structure(s) permitted by this Referred to Directors of Finance, Finance, Law; Committees on Munici- ordinance shall conform to plans and Law; Committee on Finance. pal Services and Properties, Develop- specifications first approved by the ment Planning and Sustainability Manager of Engineering and Con- struction. That Permittee shall obtain Ord. No. 839-14. Ord. No. 836-14. all other required permits, including By Council Members Keane and By Council Members Cimperman, but not limited to Building Permits, Kelley (by departmental request). K. Johnson and Brancatelli (by before installing the encroach - An emergency ordinance authoriz- departmental request). ment(s). ing the Director of Port Control to An emergency ordinance authoriz- Section 3. That the Director of Law exercise the second option to renew ing the Director of Capital Projects to shall prepare the permit authorized Contract No. PS 2012-203 with Tran- issue a permit to WSCH, LLC to by this ordinance and shall incorpo- Systems Corporation of Ohio, Inc. to encroach into the public right-of-way rate such additional provisions as the provide professional services needed of 3000 Bridge Avenue N.W. by director determines necessary to pro- for on-call design and construction installing, using, and maintaining an tect and benefit the public interest. support services, for the Department entry-area ADA ramp and stair. The permit shall be issued only when, of Port Control. Whereas, this ordinance constitutes in the opinion of the Director of Law, Whereas, under the authority of an emergency measure providing for a prospective Permittee has properly Ordinance No. 815-12, passed June 4, the usual daily operation of a munici- indemnified the City against any loss 2012, the Director of Port Control pal department; now, therefore, that may result from the encroach- entered into Contract No. PS 2012-203 Be it ordained by the Council of ment(s) permitted. with TranSystems Corporation of the City of Cleveland: Section 4. That the permit shall Ohio, Inc. for professional services Section 1. That the Director of Capi- reserve to the City reasonable right of needed to survey and appraise real tal Projects is authorized to issue a entry to the encroachment and personal property, rights-of-way, permit, revocable at the will of Coun- location(s). easements, and other real property cil, to WSCH, LLC, 3000 Bridge Section 5. That this ordinance is interests, for the various divisions of Avenue N.W. Cleveland, Ohio 44113 declared to be an emergency measure the Department of Port Control; and (“Permittee”), to encroach into the and, provided it receives the affirma- Whereas, Ordinance No. 815-12 public right-of-way of Bridge Avenue tive vote of two-thirds of all the mem- requires further legislation before N.W. by installing, using, and main- bers elected to Council, it shall take exercising the second option to renew taining an entry-area ADA ramp and effect and be in force immediately on this contract; and stair, at the following location: upon its passage and approval by the Whereas, this ordinance constitutes Mayor; otherwise it shall take effect an emergency measure providing for Handicap Ramp Encroachment and be in force from and after the ear- the usual daily operation of a munici- Situated in the City of Cleveland, liest period allowed by law. pal department; now, therefore, County of Cuyahoga and State of Referred to Directors of Capital Be it ordained by the Council of Ohio, and known as being an area Projects, City Planning Commission, the City of Cleveland: 1019 12 The City Record July 23, 2014

Section 1. That the Director of Port Research Corp. to provide profession- Section 1. That the Director of Port Control is authorized to exercise the al services needed to survey and Control is authorized to exercise the second option to renew Contract No. appraise real and personal property, first option to renew Contract No. PS PS 2012-203 for an additional year, rights-of-way, easements, and other 2012-253 for an additional year, with with TranSystems Corporation of real property interests, for the vari- O.R. Colan Assoc., LLC. for profes- Ohio, Inc. for professional services ous divisions of the Department of sional services needed to survey and needed for on-call design and con- Port Control. appraise real and personal property, struction support services, for the Whereas, under the authority of rights-of-way, easements, and other Department of Port Control. This ordi- Ordinance No. 777-07, passed June 4, real property interests, for the vari- nance constitutes the additional leg- 2007, the Director of Port Control ous divisions of the Department of islative authority required by Ordi- entered into Contract No. PS 2012-240 Port Control. This ordinance consti- nance No. 815-12 to exercise this with Northland Research Corp. for tutes the additional legislative option. professional services needed to sur- authority required by Ordinance No. Section 2. That this ordinance is vey and appraise real and personal 777-07 to exercise this option. declared to be an emergency measure property, rights-of-way, easements, Section 2. That this ordinance is and, provided it receives the affirma- and other real property interests, for declared to be an emergency measure tive vote of two-thirds of all the mem- the various divisions of the Depart- and, provided it receives the affirma- bers elected to Council, it shall take ment of Port Control; and tive vote of two-thirds of all the mem- effect and be in force immediately Whereas, Ordinance No. 777-07 bers elected to Council, it shall take upon its passage and approval by the requires further legislation before effect and be in force immediately Mayor; otherwise it shall take effect exercising the first option to renew on upon its passage and approval by the and be in force from and after the ear- this contract; and Mayor; otherwise it shall take effect liest period allowed by law. Whereas, this ordinance constitutes and be in force from and after the ear- Referred to Directors of Port Con- an emergency measure providing for liest period allowed by law. trol, Finance, Law; Committees on the usual daily operation of a munici- Referred to Directors of Port Con- Transportation, Finance. pal department; now, therefore, trol, Finance, Law; Committees on Be it ordained by the Council of Transportation, Finance. Ord. No. 840-14. the City of Cleveland: By Council Members Keane and Section 1. That the Director of Port Ord. No. 843-14. Kelley (by departmental request). Control is authorized to exercise the By Council Members K. Johnson, An emergency ordinance authoriz- first option to renew Contract No. PS Brancatelli and Kelley (by depart- ing the Director of Port Control to 2012-240 for an additional year, with mental request). exercise the second option to renew Northland Research Corp. for profes- An emergency ordinance giving Contract No. PS 2012-211 with CHA sional services needed to survey and final consent of the City of Cleveland Consultants, Inc. to provide profes- appraise real and personal property, to the State of Ohio for the removal sional services needed for on-call rights-of-way, easements, and other and replacement of the Canal Road design and construction support ser- real property interests, for the vari- Bridge; authorizing the Director of vices, for the Department of Port Con- ous divisions of the Department of Capital Projects to enter into control. Port Control. This ordinance consti- tracts with the State of Ohio; and Whereas, under the authority of tutes the additional legislative causing payment to the State of Ohio Ordinance No. 815-12, passed June 4, authority required by Ordinance No. for the City’s share of the improve- 2012, the Director of Port Control 777-07 to exercise this option. ment. entered into Contract No. PS 2012-211 Section 2. That this ordinance is Whereas, under Ordinance No. 1612- with CHA Consultants, Inc. for pro- declared to be an emergency measure 10, passed February 7, 2011, as amend- fessional services needed for on-call and, provided it receives the affirma- ed by Ordinance No. 1097-11, passed design and construction support ser- tive vote of two-thirds of all the mem- September 19, 2011 and Ordinance No. vices, for the Department of Port Con- bers elected to Council, it shall take 1716-12, passed February 11, 2013 this trol; and effect and be in force immediately Council authorized the City of Cleve- Whereas, Ordinance No. 815-12 upon its passage and approval by the land to cooperate with the Director of requires further legislation before Mayor; otherwise it shall take effect Transportation for the removal and exercising the second option to renew and be in force from and after the ear- replacement of the Canal Road on this contract; and liest period allowed by law. Bridge, PID 89064, over CSX Railroad Whereas, this ordinance constitutes Referred to Directors of Port Con- and under the Norfolk and Southern an emergency measure providing for trol, Finance, Law; Committees on Railroad (the “Improvement”); and the usual daily operation of a munici- Transportation, Finance. Whereas, the City shall cooperate pal department; now, therefore, with the Ohio Director of Transporta- Be it ordained by the Council of Ord. No. 842-14. tion in the above described project by the City of Cleveland: By Council Members Keane and assuming and bearing one hundred Section 1. That the Director of Port Kelley (by departmental request). percent (100%) of the cost of the Control is authorized to exercise the An emergency ordinance authoriz- entire cost of the Improvement, less second option to renew Contract No. ing the Director of Port Control to the amount of Federal-aid funds, PS 2012-211 for an additional year, exercise the first option to renew Con- including NOACA, set aside by the with CHA Consultants, Inc. for pro- tract No. PS 2012-253 with O.R. Colan Director of Transportation for the fessional services needed for on-call Assoc., LLC. to provide professional financing of this improvement from design and construction support ser- services needed to survey and funds allocated by the Federal High- vices, for the Department of Port Con- appraise real and personal property, way Administration, U.S. Department trol. This ordinance constitutes the rights-of-way, easements, and other of Transportation, and further, the additional legislative authority real property interests, for the vari- City agrees to assume and bear one required by Ordinance No. 815-12 to ous divisions of the Department of hundred percent (100%) of the cost of exercise this option. Port Control. Preliminary Engineering and right- Section 2. That this ordinance is Whereas, under the authority of of-way, excluding in-house prelimi- declared to be an emergency measure Ordinance No. 777-07, passed June 4, nary engineering and right-of-way and, provided it receives the affirma- 2007, the Director of Port Control charges incurred by the State; and tive vote of two-thirds of all the mem- entered into Contract No. PS 2012-253 Whereas, the share of the City’s bers elected to Council, it shall take with O.R. Colan Assoc., LLC. for pro- cost of the Improvement is now esti- effect and be in force immediately fessional services needed to survey mated to be $809,462, but may be upon its passage and approval by the and appraise real and personal prop- adjusted when the percentages of Mayor; otherwise it shall take effect erty, rights-of-way, easements, and actual costs are determined; and and be in force from and after the ear- other real property interests, for the Whereas, the City agrees to assume liest period allowed by law. various divisions of the Department and contribute 100% of the cost of any Referred to Directors of Port Con- of Port Control; and items included in the construction trol, Finance, Law; Committees on Whereas, Ordinance No. 777-07 contract at the request of the City, Transportation, Finance. requires further legislation before which are determined by the State not exercising the first option to renew on eligible or made necessary by the Ord. No. 841-14. this contract; and Improvement; and By Council Members Keane and Whereas, this ordinance constitutes Whereas, the Ohio Director of Kelley (by departmental request). an emergency measure providing for Transportation has approved the leg- An emergency ordinance authoriz- the usual daily operation of a munici- islation proposing cooperation and ing the Director of Port Control to pal department; now, therefore, has caused to be made plans and spec- exercise the first option to renew Con- Be it ordained by the Council of ifications and an estimate of costs tract No. PS 2012-240 with Northland the City of Cleveland: and expense for the Improvement and 1020 July 23, 2014 The City Record 13 has transmitted copies of the same to 1976, it is found and determined that reviewed by Adam D. Treat P.S. #8058 this legislative authority; and an easement interest in the following from a survey made under the super- Whereas, the City desires the Ohio described property is not needed for vision of Adam D. Treat P.S. #8058 for Director of Transportation to proceed the City’s public use: Michael Benza & Associates in con- with the Improvement; and junction with the Cuyahoga County Whereas, this ordinance constitutes PARCEL #2-SH Plan East 49th Street Bridge (C.R. an emergency measure providing for EAST 49TH STREET (C.R. 378) 378) Bridge No. 00.54. the usual daily operation of a munici- BRIDGE NO. 00.54 pal department; now, therefore, STANDARD HIGHWAY EASEMENT PARCEL #2-SH-1 Be it ordained by the Council of TO CONSTRUCT AND MAINTAIN EAST 49TH STREET (C.R. 378) the City of Cleveland: A STONE WING WALL, FOR BRIDGE NO. 00.54 Section 1. That this Council SUBSURFACE DRAINAGE STANDARD HIGHWAY EASEMENT requests the Ohio Director of Trans- AND FOR SLOPE TO CONSTRUCT AND MAINTAIN A portation to proceed with the Situated in the City of Cleveland, BRIDGE STRUCTURE Improvement. County of Cuyahoga, State of Ohio, Situated in the City of Cleveland, Section 2. That the Director of Capi- being part of the Original 100 Acre County of Cuyahoga, State of Ohio, tal Projects is authorized to enter into Lot No. 320 and being 0.0119 acres being part of the Original 100 Acre contracts with the State and/or their PERMANENT EASEMENT #2-SH for Lot No. 320 and being 0.0140 acres pre-qualified consultants for the pre- Bridge No. 00.54 located within a PERMANENT STANDARD HIGH- liminary engineering phase of the record parcel of land as conveyed to WAY EASEMENT #2-SH-1 for Bridge Project, and to enter into contracts City of Cleveland by deed dated Feb- No. 00.54 located within a record par- with the Director of Transportation ruary 1, 2005 as recorded in AFN cel of land as conveyed to City of necessary to complete the Improve- 200502010335 of Cuyahoga County Cleveland by deed dated February 1, ment. Records and more particularly bound- 2005, as recorded in AFN 200502010335 Section 3. That the Clerk of Council ed and described as follows: of Cuyahoga County Records and is authorized and directed to transmit Beginning at a 1" iron pin in a mon- more particularly bounded and to the State three (3) certified copies ument box found at an angle point on described as follows: of this ordinance immediately on its the centerline of East 49th Street, said Beginning at a 1" iron pin in a mon- point being at Station 11+07.92 on the taking effect, and it shall become the ument box found at an angle point on centerline of right-of-way of East 49th basis for proceeding with the the centerline of East 49th Street, said Street as shown on the Centerline Improvement. point being at Station 11+07.92 on the Section 4. That this Council is Schematic Plan (Sheet 2 of 5) of the Right-of –Way Plans for East 49th centerline of right-of-way of East 49th authorized to cause payment to the Street as shown on the Centerline State of the City’s share of the Street (C.R. 378), County Project #M- 5018 as recorded in Volume 375, Page Schematic Plan (Sheet 2 of 5) of the Improvement, payable from Fund 82 of Cuyahoga County Map Records; Right-of –Way Plans for East 49th Nos. 20 SF 520, 20 SF 528, 20 SF 534, 20 Thence South 09°01'05" East, along Street (C.R. 378), County Project #M- SF 540, 20 SF 546, 20 SF 554, 20 SF 563, the centerline of said East 49th Street 5018 as recorded in Volume 375, Page 52 SF 001, and 54 SF 001, RQS 0103, RL a distance of 153.56 feet to a point, 82 of Cuyahoga County Map Records; 2014-90. said point being at Station 9+54.56 on Thence South 09°01'05" East, along Section 5. That this ordinance is the centerline of said East 49th Street; the centerline of said East 49th Street declared to be an emergency measure Thence North 80°58'55" East, a dis- a distance of 70.12 feet to a point, said and, provided it receives the affirma- tance of 30.00 feet to a point, said point being at Station 10+37.80 on the tive vote of two-thirds of all the mem- point being 30.00 feet right of Station centerline of said East 49th Street; bers elected to Council, it shall take 9+54.56 on the centerline of said East Thence North 80°58'55" East, a dis- effect and be in force immediately 49th Street and the TRUE POINT OF tance of 25.00 feet to a point on the upon its passage and approval by the BEGINNING of the herein described easterly line of East 49th Street and Mayor; otherwise it shall take effect tract of land; the southwesterly corner of a parcel and be in force from and after the ear- 01. Thence South 66°08'57" East, a of land conveyed to Ted & Tom, LLC liest period allowed by law. distance of 32.49 feet to a point, said by the recorded deed in AFN Referred to Directors of Capital point being 57.29 feet right of Station 200806260175 of Cuyahoga County Projects, City Planning Commission, 9+36.92 on the centerline of said East Records and the northwesterly corner Finance, Law; Committees on Munici- 49th Street; of said City of Cleveland parcel, said pal Services and Properties, Develop- 02. Thence South 24°47'57" West, a point being 25.00 feet right of Station ment Planning and Sustainability, distance of 14.35 feet to a point, said 10+37.80 on the centerline of said Finance. point being 49.30 feet right of Station East 49th Street and the TRUE POINT 9+25.00 on the centerline of said East OF BEGINNING of the herein Ord. No. 844-14. 49th Street; described tract of land; By Council Members K. Johnson, 03. Thence South 80°58'55" West, a 05. Thence along the arc of a curve, Brancatelli and Kelley (by depart- distance of 19.30 feet to a point, said deflecting to the left, along the mental request). point being 30.00 feet right of Station southerly line of said Ted & Tom, LLC An emergency ordinance authoriz- 9+25.00 on the centerline of said East ing the Director of Public Works to 49th Street; parcel and the northerly line of said execute a deed of easement and a tem- 04. Thence North 09°01'05" West, a City of Cleveland parcel, an arc dis- porary deed of easement granting to distance of 29.56 feet to the TRUE tance of 6.26 feet to a point, said point Cuyahoga County certain easement POINT OF BEGINNING and contain- being 30.00 feet right of Station rights in property located on East ing, more or less 0.0119 acres (518 sq. 10+34.03 on the centerline of said 49th Street and declaring the ease- ft.), and subject to all legal ease- East 49th Street, said arc having a ment rights not needed for the City’s ments, restrictions, reservations, con- radius of 1096.28 feet, a central angle public use. ditions and rights-of-way of previous of 0°19'38" and a chord of 6.26 feet Whereas, Cuyahoga County (the record. which bears South 62°00'10" East; “County”) has requested the Director Basis of Bearing for this legal 06. Thence South 09°01'05" East, a of Public Works to convey certain description is North 09°01'05" West as distance of 122.17 feet to a point on the easement rights and temporary ease- the centerline of East 49th Street as southerly line of said City of Cleve- ment rights in property located on evidenced by monuments found and is land parcel and the northerly line of a East 49th Street and known as Perma- the same as calculated and repro- parcel of land conveyed to Cleveland nent Parcel No. 131-16-027; and duced based on using Ohio State Central Enterprises Corp. by the Whereas, the County requires the Plane Coordinate System, North Zone recorded deed in Volume 93-12058, easement rights on East 49th Street (NAD83-1995) Datum by ties to the Page 54 of Cuyahoga County Records, for the rehabilitation of East 49th O.D.O.T. CORS Network using GRAF said point being 30.00 feet right of Sta- Street Bridge at Morgana Run Trail and are for the purpose of indicating tion 9+11.86 on the centerline of said Project; and variations; East 49th Street; Whereas, this ordinance constitutes The stations referred to herein are 07. Thence along the arc of a curve, an emergency measure providing for from the centerline of right-of-way of deflecting to the right, along the the usual daily operation of a munici- East 49th Street (C.R. 378) Bridge No. southerly line of said City of Cleve- pal department; now, therefore, 00.54 in the City of Cleveland, as land parcel and the northerly line of Be it ordained by the Council of shown on the Centerline Schematic said Cleveland Central Enterprises the City of Cleveland: Plan of the Right-of-Way Plans for Corp. parcel, an arc distance of 5.99 Section 1. That, notwithstanding East 49th Street (C.R. 378) Bridge No. feet to a point, said point being on the and as an exception to the provisions 00.54. easterly line of said East 49th Street of Chapters 181 and 183 of the Codi- This description was prepared and the southwesterly corner of said fied Ordinances of Cleveland, Ohio, under the supervision of and City of Cleveland parcel and the 1021 14 The City Record July 23, 2014 northwesterly corner of said Cleve- easterly line of East 49th Street and the same as calculated and repro- land Central Enterprises Corp. parcel, the southwesterly corner of a parcel duced based on using Ohio State said point being 25.00 feet right of Sta- of land conveyed to Ted & Tom, LLC Plane Coordinate System, North Zone tion 9+15.17 on the centerline of said by the recorded deed in AFN (NAD83-1995) Datum by ties to the East 49th Street, said arc having a 200806260175 of Cuyahoga County O.D.O.T. CORS Network using GRAF radius of 1196.28 feet, a central angle Records and the northwesterly corner and are for the purpose of indicating of 0°17'14" and a chord of 5.99 feet of said City of Cleveland parcel, said variations; which bears North 65°32'03" West; point being 25.00 feet right of Station The stations referred to herein are 08. Thence North 09°01'05" West, 10+37.80 on the centerline of said from the centerline of right-of-way of along the easterly line of said East East 49th Street East 49th Street (C.R. 378) Bridge No. 49th Street and the westerly line of Thence along the arc of a curve, 00.54 in the City of Cleveland, as the said City of Cleveland parcel, a deflecting to the left, along the shown on the Centerline Schematic distance of 122.63 feet to the TRUE southerly line of said Ted & Tom, LLC Plan of the Right-of-Way Plans for POINT OF BEGINNING and contain- parcel and the northerly line of said East 49th Street (C.R. 378) Bridge No. ing, more or less 0.0140 acres (612 sq. City of Cleveland parcel, an arc dis- 00.54. ft.), and subject to all legal ease- tance of 6.26 feet to a point, said point This description was prepared ments, restrictions, reservations, con- being 30.00 feet right of Station under the supervision of and ditions and rights-of-way of previous 10+34.03 on the centerline of said reviewed by Adam D. Treat P.S. #8058 record. East 49th Street, said arc having a from a survey made under the super- Basis of Bearing for this legal radius of 1096.28 feet, a central angle vision of Adam D. Treat P.S. #8058 for description is North 09°01'05" West as of 0°19'38" and a chord of 6.26 feet Michael Benza & Associates in con- the centerline of East 49th Street as which bears South 62°00'10" East and junction with the Cuyahoga County evidenced by monuments found and is the TRUE POINT OF BEGINNING of Plan East 49th Street (C.R. 378) Bridge No. 00.54. the same as calculated and repro- the herein described tract of land; Section 3. That by and at the direc- duced based on using Ohio State 01. Thence continuing along the arc of a curve, deflecting to the left, along tion of the Board of Control, the Com- Plane Coordinate System, North Zone missioner of Purchases and Supplies (NAD83-1995) Datum by ties to the the southerly line of said Ted & Tom, LLC parcel and the northerly line of is authorized to convey the above- O.D.O.T. CORS Network using GRAF described non-exclusive easement and are for the purpose of indicating said City of Cleveland parcel, an arc distance of 68.63 feet to a point, said interest and the non-exclusive tempo- variations; rary easement to the County subject The stations referred to herein are point being 86.17 feet right of Station 9+94.62 on the centerline of said East to any conditions stated in this ordi- from the centerline of right-of-way of nance at a price of $1,364 and other 49th Street, said arc having a radius East 49th Street (C.R. 378) Bridge No. valuable considerations, which is of 1096.28 feet, a central angle of 00.54 in the City of Cleveland, as determined to be fair market value. 3°35'13" and a chord of 68.62 feet shown on the Centerline Schematic Section 4. That the easement and which bears South 63°57'35" East; Plan of the Right-of-Way Plans for temporary easement shall be non- 02. Thence South 09°01'05" East, a East 49th Street (C.R. 378) Bridge No. exclusive and the purpose of the ease- distance of 117.52 feet to a point on the 00.54. ments shall be for the rehabilitation southerly line of said City of Cleve- This description was prepared of East 49th Street Bridge at Morgana land parcel and the northerly line of a under the supervision of and Run Trail Project. parcel of land conveyed to Cleveland Section 5. That the duration of the reviewed by Adam D. Treat P.S. #8058 Central Enterprises Corp. by the from a survey made under the super- easement shall be perpetual; that the recorded deed in Volume 93-12058, duration of the temporary easement vision of Adam D. Treat P.S. #8058 for Page 54 of Cuyahoga County Records, Michael Benza & Associates in con- shall be until the rehabilitation of said point being 86.17 feet right of Sta- East 49th Street Bridge at Morgana junction with the Cuyahoga County tion 8+77.09 on the centerline of said Run Trail Project is completed; that Plan East 49th Street (C.R. 378) East 49th Street; the easement and temporary ease- Bridge No. 00.54. 03. Thence along the arc of a curve, ment may include reasonable right of Section 2. That, notwithstanding deflecting to the right, along the entry rights to the City; that the ease- and as an exception to the provisions southerly line of said City of Cleve- ment and temporary easement shall of Chapters 181 and 183 of the Codi- land parcel and the northerly line of not be assignable without the consent fied Ordinances of Cleveland, Ohio, said Cleveland Central Enterprises of the Director of Public Works; that 1976, it is found and determined that a Corp. parcel, an arc distance of 66.07 the easement and temporary ease- temporary easement interest in the feet to a point, said point being 30.00 ment shall require that the County following described property is not feet right of Station 9+11.86 on the provide reasonable insurance, and needed for the City’s public use: centerline of said East 49th Street, pay any applicable taxes and assess- said arc having a radius of 1196.28 ments. PARCEL #2-T feet, a central angle of 3°09'52" and a Section 6. That the conveyances EAST 49TH STREET (C.R. 378) chord of 66.06 feet which bears North referred to above shall be made by BRIDGE NO. 00.54 67°15'35" West; official deed of easement and official TEMPORARY EASEMENT FOR 04. Thence North 09°01'05" West, a deed of temporary easement prepared BRIDGE REHABILITATION distance of 13.14 feet to a point, said by the Director of Law and executed Situated in the City of Cleveland, point being 30.00 feet right of Station by the Director of Public Works on behalf of the City of Cleveland. The County of Cuyahoga, State of Ohio, 9+25.00 on the centerline of said East deed of easement and the deed of tem- being part of the Original 100 Acre 49th Street; porary easement shall contain any Lot No. 320 and being 0.1425 acres 05. Thence North 80°58'55" East, a additional terms and conditions as TEMPORARY EASEMENT #2-T for distance of 19.30 feet to a point, said are required to protect the interest of Bridge No. 00.54 located within a point being 49.30 feet right of Station the City. The Directors of Public record parcel of land as conveyed to 9+25.00 on the centerline of said East Works and Law are authorized to exe- City of Cleveland by deed dated Feb- 49th Street; cute any other documents, including ruary 1, 2005, as recorded in AFN 06. Thence North 24°47'57" East, a without limitation, contracts for right 200502010335 of Cuyahoga County distance of 14.35 feet to a point, said of entry, as may be necessary to effect Records and more particularly bound- point being 57.29 feet right of Station the rehabilitation of East 49th Street ed and described as follows: 9+36.92 on the centerline of said East Bridge at Morgana Run Trail Project Beginning at a 1" iron pin in a mon- 49th Street; within the property described in this ument box found at an angle point on 07. Thence North 66°08'57" West, a ordinance. the centerline of East 49th Street, said distance of 32.49 feet to a point, said Section 7. That this ordinance is point being at Station 11+07.92 on the point being 30.00 feet right of Station declared to be an emergency measure centerline of right-of-way of East 49th 9+54.56 on the centerline of said East and, provided it receives the affirma- Street as shown on the Centerline 49th Street; tive vote of two-thirds of all the mem- Schematic Plan (Sheet 2 of 5) of the 08. Thence North 09°01'05" West, a bers elected to Council, it shall take Right-of –Way Plans for East 49th distance of 79.47 feet to the TRUE effect and be in force immediately Street (C.R. 378), County Project #M- POINT OF BEGINNING and contain- upon its passage and approval by the 5018 as recorded in Volume 375, Page ing, more or less 0.1425 acres (6209 sq. Mayor; otherwise it shall take effect 82 of Cuyahoga County Map Records; ft.), and subject to all legal ease- and be in force from and after the ear- Thence South 09°01'05" East, along ments, restrictions, reservations, con- liest period allowed by law. the centerline of said East 49th Street ditions and rights-of-way of previous Referred to Directors of Public a distance of 70.12 feet to a point, said record. Works, City Planning Commission, point being at Station 10+37.80 on the Basis of Bearing for this legal Finance, Law; Committees on Munici- centerline of said East 49th Street; description is North 09°01'05" West as pal Services and Properties, Planning Thence North 80°58'55" East, a dis- the centerline of East 49th Street as Development and Sustainability, tance of 25.00 feet to a point on the evidenced by monuments found and is Finance. 1022 July 23, 2014 The City Record 15

Ord. No. 845-14. Concession with the Detroit Shore- Whereas, the City of Cleveland By Council Member Kelley (by way Community Development Orga- owns certain property known as the departmental request). nization, or its designee, for main- Oxbow Building located at 1283 An emergency ordinance authoriz- taining and operating surface park- Riverbed Street, which is not needed ing the Director of Finance to enter ing lots at the following locations: for the City’s public use; and into one or more contracts with Property located on the eastern side Whereas, Downtown Cleveland Employee Benefits International for of West 65th Street, known as Perma- Alliance has proposed to lease the professional services necessary to nent Parcel Nos. 002-16-109, 002-16-024, property from the City; and continue to evaluate the internal 002-16-108, 002-16-025, 002-16-026, 002-16- Whereas, this ordinance constitutes operational procedures and adminis- 027; property running between West an emergency measure providing for trative processes for the City of Cleve- 67th Street on the west and West 65th the usual daily operation of a munici- Street on the east, known as Perma- pal department; now, therefore, land Self-Insured Employee Health- nent Parcel Nos. 002-09-104, 002-09-075, Be it ordained by the Council of care Benefits Plan, including the 002-09-105, 002-09-074, 002-09-106, 002-09- the City of Cleveland: evaluation of the policies and proce- 073, and 002-09-133, for a period of Section 1. That notwithstanding dures involving the City of Cleveland twenty years, and may be cancellable and as an exception to the provisions Prisoner Healthcare administration. by the Director of Community Devel- of Chapters 181 and 183 of the Codi- Whereas, this ordinance constitutes opment. fied Ordinances of Cleveland, Ohio, an emergency measure providing for Section 2. That notwithstanding 1976, the Director of Public Works is the usual daily operation of a munici- any provision of the Codified Ordi- authorized to lease to Downtown pal department; now, therefore, nances of Cleveland, Ohio, 1976, to the Cleveland Alliance (“Lessee”), cer- Be it ordained by the Council of contrary, the Director of Community tain property known as the Oxbow the City of Cleveland: Development is authorized to enter Building located at 1283 Riverbed Section 1. That the Director of into one or more Leases By Way of Street, which is not needed for the Finance is authorized to enter into Concession with the Cleveland Public City’s public use and is more fully one or more contracts with Employee Theatre, or its designee, for maintain- described as follows: Benefits for professional services nec- ing and operating surface parking Legal Description for Oxbow prop- essary to continue to evaluate the lots at the following location: Proper- erty internal operational procedures and ty located on the southern side of PPN 003-18-009 administrative processes for the City Detroit Avenue, known as Permanent Parcel No. 002-16-015, for a period of Situated in the city of Cleveland, of Cleveland Self-Insured Employee county of Cuyahoga, state of Ohio and Healthcare Benefits Plan, including twenty years, and may be cancellable by the Director of Community Devel- known as being a part of the original the evaluation of the policies and pro- Brooklyn township lot no. 70, but now cedures involving the City of Cleve- opment. Section 3. That upon acquisition in the city of Cleveland and known as land Prisoner Healthcare administra- and completion of the parking lot being all of river lots nos. 7, 8 and 9 tion, in an amount not to exceed improvements authorized under Ordi- and two feet off of the northerly side $75,000.00, for the Department of nance No. 872-08, passed June 9, 2008 of river lot no. 10, and described as fol- Finance. The contract or contracts for this parcel and notwithstanding lows, to wit: shall be paid from Fund No. 70 SF 201, any provision of the Codified Ordi- Commencing at a point in the easterly line of West River Street two feet Request No. RQS 0402, RL 2014-92. nances of Cleveland, Ohio, 1976, to the southerly from the northerly line of Section 2. That this ordinance is contrary, the Director of Community river lot no. 10, thence northerly along declared to be an emergency measure Development is authorized to enter the easterly line on West River Street and, provided it receives the affirma- into one or more Leases By Way of 200.67 feet to the northerly line on tive vote of two-thirds of all the mem- Concession with the Near West The- river lot no. 7, thence easterly at right bers elected to Council, it shall take atre, Inc., or its designee, for main- angles with West River Street and effect and be in force immediately taining and operating surface park- along the northerly line of said river upon its passage and approval by the ing lots at the following location: lot no. 7 to the Cuyahoga River, Mayor; otherwise it shall take effect Property located on the western side thence southerly and up said Cuya- and be in force from and after the ear- of West 67th Street, known as Perma- hoga River about 201.80 feet to a line liest period allowed by law. nent Parcel No. 002-09-109, for a period parallel with the northerly line of Referred to Directors of Finance, of twenty years, and may be can- river lot no. 10 and two feet distant Law; Committee on Finance. cellable by the Director of Community southerly therefrom, thence westerly Development. along said parallel line to the easterly Ord. No. 846-14. Section 4. That the concession line of West River Street at the place By Council Members Brancatelli agreements authorized in this ordi- of beginning, together with all ripari- and Kelley (by departmental nance shall be prepared by the Direc- an rights of the grantors in and to the tor of Law. request). Cuyahoga River and the rights and Section 5. That this ordinance is An emergency ordinance authoriz- interest of the grantors in West River declared to be an emergency measure ing the Director of Community Devel- Street, now known as Riverbed Street, and, provided it receives the affirma- from which 30 feet was vacated opment to enter into one or more Leas- tive vote of two-thirds of all the mem- es By Way of Concession with the between Center Street to Sycamore bers elected to Council, it shall take Street in 1898. Detroit Shoreway Community Devel- effect and be in force immediately Section 2. That the term of the lease opment Organization, the Cleveland upon its passage and approval by the authorized by this ordinance shall be Public Theatre, and the Near West Mayor; otherwise it shall take effect for five years, with two five year Theater, Inc., or their designees, for and be in force from and after the ear- options to renew, exercisable by the maintaining and operating surface liest period allowed by law. Director of Public Works. parking lots at various locations Referred to Directors of Community Section 3. That the property autho- within the Gordon Square Parking Development, City Planning Commis- rized by this ordinance shall be Master Plan, for a period of twenty sion, Finance, Law; Committees on leased at a rental of $1.00 per year and years. Development Planning and Sustain- other valuable consideration includ- Whereas, on June 9, 2008 this Coun- ability, Finance. ing capital improvements and on- cil passed Ordinance No. 872-08 autho- going maintenance of the building, rizing the acquisition of property and Ord. No. 847-14. which is determined to be fair market the making of public infrastructure By Council Members K. Johnson, value, exclusive of utilities and taxes. and parking lot improvements to Brancatelli and Kelley (by depart- Section 4. That the lease may autho- implement the Gordon Square Arts mental request). rize the Lessee to make improve- District Parking Plan; and An emergency ordinance authoriz- ments to the leased premises subject Whereas, this ordinance constitutes ing the Director of Public Works to to the approval of appropriate City an emergency measure providing for lease certain property known as the agencies and officials. the usual daily operation of a munici- Oxbow Building located at 1283 Section 5. That the lease shall be pal department; now, therefore, Riverbed Street to Downtown Cleve- prepared by the Director of Law. Be it ordained by the Council of land Alliance for the purpose of pro- Section 6. That the Director of Pub- the City of Cleveland: viding community space for residents lic Works, the Director of Law, and Section 1. That notwithstanding and stakeholders, docks for Flotsam other appropriate City officials are any provision of the Codified Ordi- and Jetsam, and a secondary office authorized to execute any other docu- nances of Cleveland, Ohio, 1976, to the space for Flats Forward Inc., for a ments and certificates, and take any contrary, the Director of Community term of five years, with two five year other actions which may be necessary Development is authorized to enter options to renew, exercisable by the or appropriate to effect the lease into one or more Leases By Way of Director of Public Works. authorized by this ordinance. 1023 16 The City Record July 23, 2014

Section 7. That this ordinance is the Director of Port Control from a authority is granted and the first of declared to be an emergency measure list of qualified consultants available the one-year options to renew is exer- and, provided it receives the affirma- for employment as may be determined cised, then the second of the one-year tive vote of two-thirds of all the mem- after a full and complete canvass by options to renew may be exercisable bers elected to Council, it shall take the Director of Port Control for the at the option of the Director of Public effect and be in force immediately purpose of compiling a list. The com- Utilities, without the necessity of upon its passage and approval by the pensation to be paid for the services obtaining additional authority of this Mayor; otherwise it shall take effect shall be fixed by the Board of Control. Council. and be in force from and after the ear- The contract or contracts authorized Section 2. That the costs of the con- liest period allowed by law. shall be prepared by the Director of tract or contracts shall be charged Referred to Directors of Public Law, approved by the Director of Port against the proper appropriation Works, City Planning Commission, Control, and certified by the Director accounts and the Director of Finance Finance, Law; Committees on Munici- of Finance. shall certify the amount of any pur- pal Services and Properties, Planning Section 5. That the cost of the con- chase under the contract, each of Development and Sustainability, tracts and other expenditures autho- which purchases shall be made on Finance. rized shall be paid from Fund Nos. 60 order of the Commissioner of Pur- SF 001, 60 SF 104, 60 SF 106, 60 SF 112, chases and Supplies by a delivery Ord. No. 848-14. 60 SF 114, 60 SF 115, 60 SF 116, 60 SF order issued against the contract or By Council Members Keane and 117, 60 SF 119, 60 SF 121, 60 SF 122, 60 contracts and certified by the Direc- Kelley (by departmental request). SF 126, 60 SF 128, 60 SF 130, 60 SF 141, tor of Finance. (RQN 2002, RL 2014-33) An emergency ordinance determin- 60 SF 160, and from the fund or funds Section 3. That under Section 108(b) ing the method of making the public to which are credited any grant proof the Charter, the purchases autho- improvement of constructing all nec- ceeds accepted for this purpose or fed- rized by this ordinance may be made essary infrastructure needed for the eral PFCs, if authorized for this pur- through cooperative arrangements BKL Terminal Enhancement Pro- pose, Request No. RQS 3001, RL 2014- with other governmental agencies. gram; authorizing the Director of 64. The Director of Public Utilities may Port Control to enter into one or more Section 6. That this ordinance is sign all documents that are necessary to make the purchases, and may enter public improvement contracts for the declared to be an emergency measure into one or more contracts with the making of the improvement; and and, provided it receives the affirma- vendors selected through that cooper- authorizing the Director to employ tive vote of two-thirds of all the mem- ative process. one or more professional consultants bers elected to Council, it shall take Section 4. That this ordinance is to design the improvement and to con- effect and be in force immediately declared to be an emergency measure duct a facilities assessment. upon its passage and approval by the and, provided it receives the affirma- Whereas, this ordinance constitutes Mayor; otherwise it shall take effect tive vote of two-thirds of all the mem- an emergency measure providing for and be in force from and after the ear- bers elected to Council, it shall take the usual daily operation of a munici- liest period allowed by law. effect and be in force immediately pal department; now, therefore, Referred to Directors of Port Con- upon its passage and approval by the Be it ordained by the Council of trol, City Planning Commission, Mayor; otherwise it shall take effect the City of Cleveland: Finance, Law; Committees on Trans- and be in force from and after the ear- Section 1. That, under Section 167 of portation, Finance. liest period allowed by law. the Charter of the City of Cleveland, Referred to Directors of Public Util- this Council determines to make the Ord. No. 849-14. ities, Finance, Law; Committees on public improvement of constructing By Council Members Pruitt and Utilities, Finance. all necessary infrastructure needed Kelley (by departmental request). for the BKL Terminal Enhancement An emergency ordinance authoriz- Ord. No. 850-14. Program (the “Improvement”), for the ing the purchase by one or more By Council Members Pruitt and Department of Port Control, by one or requirement contracts of disposal of Kelley (by departmental request). more contracts duly let to the lowest debris at landfills, for the Divisions of An emergency ordinance authoriz- responsible bidder or bidders after Water, Cleveland Public Power, and ing the purchase by one or more competitive bidding for a gross price Water Pollution Control, Department requirement contracts of various for the Improvement. of Public Utilities, for a period of two types of valves, actuators, and appur- Section 2. That the Director of Port years, with two one-year options to tenances, and labor and materials Control is authorized to enter into one renew, the first of which requires necessary to service, repair, replace, or more contracts for the making of additional legislative authority. exercise, test, and maintain various the public improvement with the low- Whereas, this ordinance constitutes types of valves, actuators, and appur- est responsible bidder or bidders after an emergency measure providing for tenances, for the Division of Water, competitive bidding for a gross price the usual daily operation of a munici- Department of Public Utilities, for a for the Improvement, provided, how- pal department; now, therefore, period of two years, with two one-year options to renew, the first of which is ever, that each separate trade and Be it ordained by the Council of exercisable through additional leg- each distinct component part of the the City of Cleveland: islative authority. Improvement may be treated as a sep- Section 1. That the Director of Pub- Whereas, this ordinance constitutes arate Improvement, and each, or any lic Utilities is authorized to make one an emergency measure providing for combination, of the trades or compo- or more written requirement con- the usual daily operation of a munici- nents may be the subject of a separate tracts under the Charter and the Codi- pal department; now, therefore, contract for a gross price. On request fied Ordinances of Cleveland, Ohio, Be it ordained by the Council of of the director, the contractor shall 1976, for the requirements for a period the City of Cleveland: furnish a correct schedule of unit of two years, with two one-year Section 1. That the Director of Pub- prices, including profit and overhead, options to renew, of the necessary lic Utilities is authorized to make one for all items constituting units of the items of disposal of debris at land- or more written requirement con- improvement. fills, in the approximate amount as tracts under the Charter and the Codi- Section 3. That the Director of Port purchased during the preceding term, fied Ordinances of Cleveland, Ohio, Control is authorized to apply and pay to be purchased by the Commissioner 1976, for the requirements for a period for permits, licenses, or other autho- of Purchases and Supplies on a unit up to two years, with two one-year rizations required by any regulatory basis for the Divisions of Water, agency or public authority to permit Cleveland Public Power, and Water options to renew, of the necessary performance of the work authorized Pollution Control, Department of Pub- items of various types of valves, actu- by this ordinance. lic Utilities. Bids shall be taken in a ators, and appurtenances, and labor Section 4. That the Director of Port manner that permits an award to be and materials necessary to service, Control is authorized to employ by made for all items as a single con- repair, replace, exercise, test, and contract or contracts one or more contract, or by separate contract for each maintain various types of valves, sultants or one or more firms of con- or any combination of the items as the actuators, and appurtenances, in the sultants for the purpose of supple- Board of Control determines. Alter- approximate amount as purchased menting the regularly employed staff nate bids for a period less than the during the preceding term, to be pur- of the several departments of the City specified term may be taken if chased by the Commissioner of Pur- of Cleveland in order to provide pro- desired by the Commissioner of Pur- chases and Supplies on a unit basis fessional services necessary to design chases and Supplies until provision is for the Division of Water, Department the Improvement, and to conduct a made for the requirements for the of Public Utilities. The first of the facilities assessment. entire term. The first of the one-year one-year options to renew may not be The selection of the consultants for options to renew may not be exercised exercised without additional legisla- the services shall be made by the without additional legislative author- tive authority. If such additional leg- Board of Control on the nomination of ity. If such additional legislative islative authority is granted and the 1024 July 23, 2014 The City Record 17 first of the one-year options to renew Incorporated, is seeking to secure Section 4. That the duration of the is exercised, then the second of the easement rights for future access to easements shall be perpetual; that the one-year options to renew may be the substation; and easements shall not be assignable exercisable at the option of the Direc- Whereas, the easement rights to be without the consent of the Director of tor of Public Utilities, without the granted are not needed for the City’s Public Works; that the easements necessity of obtaining additional public use; and shall require that Cleveland Electric authority of this Council. Bids shall Whereas, this ordinance constitutes Illuminating Company and its affili- be taken in a manner that permits an an emergency measure providing for ated company, American Transmis- award to be made for all items as a the usual daily operation of a munici- sion Systems, Incorporated, and The single contract, or by separate con- pal department; now, therefore, Greater Cleveland Regional Transit tract for each or any combination of Be it ordained by the Council of Authority provide reasonable insur- the items as the Board of Control the City of Cleveland: ance, maintain any Cleveland Elec- determines. Alternate bids for a peri- Section 1. That, notwithstanding tric Illuminating Company and its and as an exception to the provisions od less than the specified term may be affiliated company, American Trans- of Chapters 181 and 183 of the Codi- mission Systems, Incorporated, and taken if desired by the Commissioner fied Ordinances of Cleveland, Ohio, The Greater Cleveland Regional of Purchases and Supplies until provi- 1976, it is found and determined that Transit Authority improvements sion is made for the requirements for easement interests in the following located within the easements; pay the entire term. described property are not needed for any applicable taxes and assess- Section 2. That the costs of the con- the City’s public use: ments; and shall contain such other tract or contracts shall be charged terms and conditions that the Director against the proper appropriation Description of Easement of Law determines to be necessary to accounts and the Director of Finance on the City of Cleveland property, protect and benefit the City. shall certify the amount of the initial P.P.No. 121-28-001 in Cleveland, OH Section 5. That the conveyances ref- purchase, which purchase, together Situated in the City of Cleveland, erenced above shall be made by offi- with all later purchases, shall be County of Cuyahoga, State of Ohio, cial deeds of easement prepared by made on order of the Commissioner of being part of the Original 100 Acre the Director of Law and executed by Purchases and Supplies under a req- Lot No. 411 and being more particular- the Director of Public Works on uisition against the contract or con- ly bounded and described as follows: behalf of the City of Cleveland. The tracts certified by the Director of Beginning at the intersection of the Directors of Public Works and Law Finance. RQN 2002, RL 2014-25 easterly line of Stokes Boulevard (80' are authorized to execute any other Section 3. That under Section 108(b) Wide) and the southerly line of Cedar documents, including without limita- of the Charter, the purchases autho- Avenue (78' Wide); tion, contracts for rights of entry, as rized by this ordinance may be made Thence South 42°31'52" East, along may be necessary to effect this ordi- through cooperative arrangements the easterly line of said Stokes Boule- nance. with other governmental agencies. vard, a distance of 785.71 feet to point Section 6. That this ordinance is on the southerly line of a parcel of The Director of Public Utilities may declared to be an emergency measure land conveyed to The City of Cleve- sign all documents that are necessary and, provided it receives the affirma- land by Deed Volume 7251, Page 618 to make the purchases, and may enter tive vote of two-thirds of all the mem- of Cuyahoga County Records; bers elected to Council, it shall take into one or more contracts with the Thence North 56°29'58" East, along vendors selected through that cooper- effect and be in force immediately the southerly line of said City of upon its passage and approval by the ative process. Cleveland parcel, a distance of 157.21 Mayor; otherwise it shall take effect Section 4. That this ordinance is feet to the TRUE POINT OF BEGIN- and be in force from and after the ear- declared to be an emergency measure NING of the herein described tract of liest period allowed by law. and, provided it receives the affirma- land; Referred to Directors of Public tive vote of two-thirds of all the mem- 01. Thence North 56° 29' 58" East, a Works, City Planning Commission, bers elected to Council, it shall take distance of 25.41 feet to a point; Finance, Law; Committees on Munici- effect and be in force immediately 02. Thence North 47° 20' 21" East, a pal Services and Properties, Develop- upon its passage and approval by the distance of 147.07 feet to a point; 03. Thence South 42° 39' 27" East, a ment Planning and Sustainability, Mayor; otherwise it shall take effect Finance. and be in force from and after the ear- distance of 18.38 feet to a point; 04. Thence South 23° 51' 36" East, a liest period allowed by law. Ord. No. 852-14. Referred to Directors of Public Util- distance of 21.95 feet to a point; 05. Thence South 30° 50' 40" West, a By Council Members K. Johnson, ities, Finance, Law; Committees on Brancatelli and Kelley (by depart- Utilities, Finance. distance of 26.85 feet to a point; 06. Thence South 37° 29' 39" West, a mental request). distance of 37.45 feet to point; An emergency ordinance authoriz- Ord. No. 851-14. 07. Thence South 64° 03' 54" West, a ing the Director of Public Safety to By Council Members K. Johnson, distance of 85.32 feet to a point; execute a deed of easement granting Brancatelli and Kelley (by depart- 08. Thence North 86°19'43" West, a to the Cleveland Electric Illuminat- mental request). distance of 17.41 feet to a point; ing Company certain easement rights An emergency ordinance authoriz- 09. Thence North 66°05'43" West, a in property at 1935 East 101st Street ing the Director of Public Works to distance of 21.89 feet to the True Point located under the service drive of Fire execute one or more deeds of ease- of Beginning and containing , more or Station No. 10, and declaring that the ment granting to the Cleveland Elec- less 0.1577 acres and subject to all easement rights granted are not need- tric Illuminating Company and its legal easements, restrictions, reserva- ed for the City’s public use. affiliated company, American Trans- tions, conditions and rights-of-way of Whereas, the Cleveland Electric mission Systems, Incorporated, and previous record. Illuminating Company (“CEI”) has The Greater Cleveland Regional Legal Description prepared by requested the Director of Public Safe- Transit Authority certain easement Michael Benza & Associates under ty to convey certain easement rights rights in a portion of Ambler Park, Project No. 5258 in property at 1935 East 101st Street and declaring that the easement Section 2. That the Commissioner of located under the service drive of Fire rights granted are not needed for the Purchases and Supplies is authorized Station No. 10; and City’s public use. to convey the above-described ease- Whereas, CEI requires the ease- Whereas, Cleveland Electric Illumi- ment interests to Cleveland Electric ment to install an underground con- nating Company and its affiliated Illuminating Company and its affili- duit as part of their larger-scale pro- company, American Transmission ated company, American Transmis- ject designed to handle future load Systems, Incorporated, and The sion Systems, Incorporated, and The growth for the Cleveland Clinic; and Greater Cleveland Regional Transit Greater Cleveland Regional Transit Whereas, the easement rights to be Authority has requested the Director Authority subject to any conditions granted are not needed for the City’s of Public Works to convey certain stated in this ordinance, at a price public use; and easement rights in a portion of determined to be fair market value by Whereas, this ordinance constitutes Ambler Park; and the Board of Control, after appraisal an emergency measure providing for Whereas, The Greater Cleveland of the property. the usual daily operation of a munici- Regional Transit Authority requires Section 3. That the easements shall pal department; now, therefore, the easements to install security fenc- be non-exclusive and the purpose of Be it ordained by the Council of ing for its Fairhill Substation located the easements shall be to install secu- the City of Cleveland: at 2880 Stokes Boulevard, and The rity fencing for the RTA Fairhill Sub- Section 1. That, notwithstanding Cleveland Electric Illuminating Com- station located at 2880 Stokes Boule- and as an exception to the provisions pany and its affiliated company, vard and for future access to the sub- of Chapters 181 and 183 of the Codi- American Transmission Systems, station. fied Ordinances of Cleveland, Ohio, 1025 18 The City Record July 23, 2014

1976, it is found and determined that the easement shall be to implement LLC to use their proprietary software. an easement interest in the following CEI’s larger-scale project designed to Section 2. That the compensation to described property is not needed for handle future load growth for the be paid for the services and for the the City’s public use: Cleveland Clinic. software license shall be a contingent Section 4. That the duration of the fee, the percentage or rate of which Description of Underground Utility easement shall be perpetual; that the shall be fixed by the Board of Control. Easement E-17 easement shall not be assignable The contract or contracts authorized For the Illuminating Company without the consent of the Director of shall require that all amounts collect- on the City of Cleveland property Public Safety; that the easement shall ed be remitted to the City for deposit P.P.No. 119-10-18 in Cleveland, OH require that CEI provide reasonable in the City Treasury. Situated in the City of Cleveland, insurance, maintain any CEI Section 2. That the existing title County of Cuyahoga, State of Ohio, improvements located within the and Sections 1 and 2 of Ordinance No. being part of the Original 100 Acre easement; pay any applicable taxes 1593-13, passed January 13, 2014, are Lot No. 401 and being more particular- and assessments; and shall contain repealed. ly bounded and described as follows: such other terms and conditions that Section 3. That this ordinance is Beginning at the intersection of the Director of Law determines to be declared to be an emergency measure easterly line of East 101st Street (60' necessary to protect and benefit the and, provided it receives the affirma- Wide) and the southerly line of City. tive vote of two-thirds of all the mem- Chester Avenue (86' Wide); Section 5. That the conveyance ref- bers elected to Council, it shall take Thence South 00°35'13" West, erenced above shall be made by offi- effect and be in force immediately along the easterly line of East 101st. cial deed of easement prepared by the upon its passage and approval by the Street, a distance of 185.23 feet to the Director of Law and executed by the Mayor; otherwise it shall take effect TRUE POINT OF BEGINNING of the Director of Public Safety on behalf of and be in force from and after the ear- herein described tract of land; the City of Cleveland. The Directors liest period allowed by law. 01. Thence South 84° 41' 23" East, a of Public Safety and Law are autho- Referred to Directors of Finance, distance of 13.20 feet to a point; rized to execute any other documents, Law; Committee on Finance. 02. Thence North 89° 54' 02" East, a including without limitation, con- distance of 158.21 feet to a point; tracts for right of entry, as may be Ord. No. 855-14. 03. Thence North 47° 18' 30" East, a necessary to effect this ordinance. By Council Members K. Johnson distance of 10.07 feet to a point; Section 6. That this ordinance is and Kelley (by departmental 04. Thence South 89° 54' 02" East, a declared to be an emergency measure request). distance of 34.34 feet to a point; and, provided it receives the affirma- An emergency ordinance to supple- 05. Thence South 77° 19' 57" East, a tive vote of two-thirds of all the mem- ment the Codified Ordinances of distance of 15.79 feet to a point on an bers elected to Council, it shall take Cleveland, Ohio, 1976, by enacting easterly line of a parcel of land con- effect and be in force immediately new Section 131.67 relating to autho- veyed to The City of Cleveland by upon its passage and approval by the rizing standard and requirement con- Deed Volume 85-1262, Page 37 of Cuya- Mayor; otherwise it shall take effect tracts for labor and materials for cap- hoga County Record’s and on the and be in force from and after the ear- ital maintenance and repair of City northerly line of a parcel of land con- liest period allowed by law. facilities. veyed to The Ronald McDonald House Referred to Directors of Public Whereas, this ordinance constitutes of Cleveland, Inc. by AFN Safety, City Planning Commission, an emergency measure providing for 201403180199; Finance, Law; Committees on Munici- the usual daily operation of a munici- 06. Thence South 88° 54' 33" West, pal Services and Properties, Develop- pal department; now, therefore, along the northerly line of said ment Planning and Sustainability, Be it ordained by the Council of Ronald McDonald House parcel, a dis- Finance. the City of Cleveland: tance of 24.00 feet to a point Section 1. That the Codified Ordi- 07. Thence South 27°52'18" West, a Ord. No. 853-14. nances of Cleveland, Ohio, 1976, are distance of 26.38 feet along the west- By Council Member Kelley (by supplemented by enacting new Sec- erly line of said Ronald McDonald departmental request). tion 131.67 to read as follows: House parcel to a point; An emergency ordinance to amend 08. Thence South 80° 48' 55" West, a the title and Sections 1 and 2 of Ordi- Section 131.67 Labor and Materials distance of 12.58 feet to a point; nance No. 1593-13, passed January 13, for Capital Maintenance and Repair of City Facilities 09. Thence South 89° 54' 02" West, a 2014, relating to one or more contracts (a) The Director of Public Works is distance of 25.00 feet to a point; with Debt Next, LLC to assist various authorized to enter into one or more 10. Thence North 00° 05' 58" West, a departments with improving its standard purchase or requirement distance of 2.50 feet to a point; accounts receivables management. contracts duly let to the lowest and 11. Thence South 89° 54' 02" West, a Whereas, this ordinance constitutes best bidder after competitive bidding distance of 111.77 feet to a point; an emergency measure providing for for materials, equipment, services, 12. Thence along the arc of a curve, the usual daily operation of a munici- and supplies necessary for capital deflecting to the left, an arc distance pal department; now, therefore, maintenance and repair of City facili- of 39.02 feet to a point, said arc having Be it ordained by the Council of ties, and labor and installation, if nec- a radius of 65.00 feet, a central angle the City of Cleveland: essary. Any purchase made under this of 34°23'37" and a chord of 38.44 feet Section 1. That the title and Sec- section shall be made by the Commis- which bears South 72°42'14" West, tions 1 and 2 of Ordinance No. 1593-13, sioner of Purchases and Supplies and said point being on the southerly line passed January 13, 2014, are amended paid from the annual appropriations of said City of Cleveland parcel; to read as follows: made for this purchase. 13. Thence South 88° 54' 33" West, An Emergency Ordinance authoriz- (b) That under Section 108(b) of along the southerly line of said City ing the Director of Finance to enter the Charter, the purchases authorized of Cleveland parcel, a distance of 6.60 into one or more contracts with Debt by this ordinance may be made feet to a point on the easterly line of Next, LLC, for professional services through cooperative arrangements said East 101st Street; necessary to assist various depart- with other governmental agencies. 14. Thence North 00°33'27" East, ments and divisions of the City with The Director of Public Works may along the easterly line of said East improving its accounts receivables sign all documents that are necessary 101st Street, a distance of 32.72 feet to management, and authorizing a soft- to make the purchases, and may enter the True Point of Beginning and con- ware license agreement with Debt into one or more contracts with the taining, more or less 0.1036 acres, and Next, LLC to use their proprietary vendors selected through that cooper- subject to all legal easements, restric- software, for a period up to two years, ative process. tions, reservations, conditions and with two one-year options to renew, Section 2. That this ordinance is rights-of-way of previous record. exercisable by the Director of declared to be an emergency measure Legal Description prepared by Finance. and, provided it receives the affirma- Michael Benza & Associates under Section 1. That the Director of tive vote of two-thirds of all the mem- Project No. 5258 Finance is authorized to enter into bers elected to Council, it shall take Section 2. That the Commissioner of one or more contracts with Debt Next, effect and be in force immediately Purchases and Supplies is authorized LLC, for professional in-house upon its passage and approval by the to convey the above-described ease- accounts receivables management, Mayor; otherwise it shall take effect ment interest to CEI subject to any collection and consulting services and be in force from and after the ear- conditions stated in this ordinance, at necessary to collect amounts and liest period allowed by law. a price determined to be fair market claims owed to the various depart- Referred to Directors of Public value by the Board of Control. ments and divisions of the City gov- Works, Finance, Law; Committees on Section 3. That the easement shall ernment and to authorize a software Municipal Services and Properties, be non-exclusive and the purpose of license agreement with Debt Next, Finance. 1026 July 23, 2014 The City Record 19

Ord. No. 857-14. Section 1. That the following Sec- a concealed handgun issued by anoth- By Council Member Zone. tions of the Codified Ordinances of er state with which the attorney gen- An emergency ordinance to amend Cleveland, Ohio, 1976, are repealed: eral has entered into a reciprocity Section 405.06 of the Codified Ordi- Section 627.01, as amended by Ordi- agreement under Section 109.69 of the nances of Cleveland, Ohio, 1976, as nance No. 2031-01, passed May 6, 2002, Revised Code. amended by Ordinance No. 1543-12, Section 627.02, as amended by Ordi- (2) A reference in any provision of passed December 3, 2012, to increase nance No. 100-99, passed June 7, 1999, this Code to a concealed handgun towing fees for impounded vehicles. Sections 627.03 and 627.04, as license issued under Section 2923.125 Whereas, this ordinance constitutes amended by Ordinance No. 483-75, of the Revised Code or a license to an emergency measure providing for passed June 9, 1975, carry a concealed handgun issued the usual daily operation of a munici- Section 627.05, as amended by Ordi- under Section 2923.125 of the Revised pal department; now, therefore, nance No. 54-74, passed March 25, 1974, Code means only a license of the type Be it ordained by the Council of Section 627.06, as amended by Ordi- that is specified in that section. A ref- the City of Cleveland: nance No. 90-96, passed March 18, 1996, erence in any provision of this Code to Section 1. That Section 405.06 of the Section 627.08, as amended by Ordi- a concealed handgun license issued Codified Ordinances of Cleveland, nance No. 483-75, passed June 9, 1975, under Section 2923.1213 of the Revised Ohio 1976, as amended by Ordinance Section 627.081, as enacted by Ordi- Code, a license to carry a concealed No. 1543-12, passed December 3, 2012, nance No. 1130-92, passed May 11, 1992, handgun issued under Section is amended as follows: Section 627.082, as enacted by Ordi- 2923.1213 of the Revised Code, or a nance No. 1130-92, passed May 11, 1992, license to carry a concealed handgun Section 405.06 Impounding and Section 627.09, as amended by Ordi- on a temporary emergency basis Towing Fees nance No. 483-75, passed June 9, 1975, means only a license of the type that (a) In addition to the storage fee Section 627.10, as amended by Ordi- is specified in Section 2923.1213 of the provided for in Section 405.04, the fol- nance No. 1361-01, passed August 15, Revised Code. A reference in any pro- lowing fees shall be assessed against 2001 vision of this Code to a concealed the owner or other person claiming an Section 627.11, as amended by Ordi- handgun license issued by another impounded vehicle: nance No. 483-75, passed June 9, 1975, state or a license to carry a concealed (1) An impound fee of thirty dollars Section 627.12, as amended by Ordi- handgun issued by another state ($30.00), except that the impound fee nance No. 1522-75, passed June 16, means only a license issued by anoth- shall be reduced to ten dollars 1975, er state with which the attorney gen- ($10.00) for a person reclaiming a Sections 627.14, 627.15, 627.16, 627.17, eral has entered into a reciprocity recovered stolen vehicle. 627.18, and 627.19, as amended by Ordi- agreement under Section 109.69 of the (2) A towing fee of one hundred and nance No. 1020-76, passed June 14, 1976 Revised Code. twenty-five dollars ($125.00), except Sections 627.20 and 627.21, as (d) “Dangerous ordnance”: that the towing fee shall be reduced amended by Ordinance No. 1020-76, (1) means any of the following, to fifty dollars ($50.00) for a person passed June 14, 1976 except as otherwise provided in this reclaiming a recovered stolen vehicle, Section 627.22, as amended by Ordi- section: and shall be increased to one hundred nance No. 1656-75, passed May 15, 1976, A. Any automatic or sawed-off and seventy-five dollars ($175.00) for Section 627.23, as amended by Ordi- firearm, zip-gun, or ballistic knife; a person reclaiming a vehicle nance No. 90-96, passed March 18, 1996, B. Any explosive device or incendi- impounded incident to an arrest. Section 627A.01, as enacted by Ordi- ary device: The towing charge shall be nance No. 2661-91, passed November C. Nitroglycerin, nitrocellulose, increased by thirty-five dollars 11, 1991, nitrostarch, PETN, cyclonite, TNT, Sections 627A.02 and 627A.03, as picric acid, and other high explosives; ($35.00) if a dolly or flatbed is used or enacted by Ordinance No. 1130-92, amatol, tritonal, tetrytol, pentolite, if a tire or tires are changed. passed May 11, 1992, pecretol, cyclotol, and other high (b) No towing or impounding fees Section 627.99, as amended by Ordi- explosive compositions; plastic explo- shall be charged when the vehicle is nance No. 1631-05, passed March 20, sives; dynamite, blasting gelatin, the property of the victim of a crime 2006, gelatin dynamite, sensitized ammoni- and such vehicle is being held by the Section 628.01, as enacted by Ordi- um nitrate, liquid-oxygen blasting Division of Police for processing. nance No. 2661-91, passed November explosives, blasting powder, and Section 2. That existing Section 18, 1991, other blasting agents; and any other 405.06 of the Codified Ordinances of Section 628.02, as amended by Ordi- explosive substance having suffi- Cleveland, Ohio 1976, as amended by nance No. 105-05, passed July 12, 2006, cient brisance or power to be particu- Ordinance No. 1543-12, passed Decem- Sections 628.03 and 628.04, as enact- larly suitable for use as a military ber 3, 2012, is repealed. ed by Ordinance No. 2661-91, passed explosive, or for use in mining, quar- Section 3. That this ordinance is November 18, 1991, rying, excavating, or demolitions; declared to be an emergency measure Section 628.99, as amended by Ordi- D. Any firearm, rocket launcher, and, provided it receives the affirma- nance No. 90-96, passed March 18, 1996. mortar, artillery piece, grenade, mine, tive vote of two-thirds of all the mem- Section 2. That the Codified Ordi- bomb, torpedo, or similar weapon, bers elected to Council, it shall take nances are supplemented by enacting designed and manufactured for mili- effect and be in force immediately new Sections 627.01 to 627.27 to read tary purposes, and the ammunition upon its passage and approval by the as follows: for that weapon; Mayor; otherwise it shall take effect E. Any firearm muffler or silencer; and be in force from and after the ear- CHAPTER 627 F. Any combination of parts that is liest period allowed by law. WEAPONS intended by the owner for use in con- Referred to Directors of Public Section 627.01 Definitions verting any firearm or other device Safety, Finance, Law; Committees on As used in this Chapter: into a dangerous ordinance. Safety, Finance. (a) “Automatic firearm” means any (2) does not include any of the fol- firearm designed or specially adapted lowing: Ord. No. 931-14. to fire a succession of cartridges with A. Any firearm, including a mili- By Mayor Jackson and Council a single function of the trigger. “Auto- tary weapon and the ammunition for Members Zone and Kelley (by depart- matic firearm” also means any semi- that weapon, and regardless of its mental request). automatic firearm designed or spe- actual age, that employs a percussion An emergency ordinance to repeal cially adapted to fire more than thir- cap or other obsolete ignition system, various sections of the Codified Ordi- ty-one cartridges without reloading, or that is designed and safe for use nances of Cleveland, Ohio, 1976, as other than a firearm chambering only only with black powder; enacted and amended by various ordi- .22 caliber short, long, or long-rifle B. Any pistol, rifle, or shotgun, nances; and to supplement the codi- cartridges. designed or suitable for sporting pur- fied ordinances by enacting new Sec- (b) “Ballistic knife” means a knife poses, including a military weapon as tions 627.01 to 627.27 relating to with a detachable blade that is pro- issued or as modified, and the ammu- weapons; and to supplement the Codi- pelled by a spring-operated mecha- nition for that weapon, unless the fied Ordinances by enacting new Sec- nism. firearm is an automatic or sawed-off tions 628.01 to 628.10 and 628.99 relat- (c) “Concealed handgun license” or firearm; ing to gun offender registry. “license to carry a concealed hand- C. Any cannon or other artillery Whereas, this ordinance constitutes gun” means: piece that, regardless of its actual an emergency measure providing for (1) Subject to this section, a license age, is of a type in accepted use prior the usual daily operation of a munici- or temporary emergency license to to 1887, has no mechanical, hydraulic, pal department; now, therefore, carry a concealed handgun issued pneumatic, or other system for Be it ordained by the Council of under Section 2923.125 or 2923.1213 of absorbing recoil and returning the the City of Cleveland: the Revised Code or a license to carry tube into battery without displacing 1027 20 The City Record July 23, 2014 the carriage, and is designed and safe upon circumstantial evidence, includ- plain sight at any time after any law for use only with black powder; ing, but not limited to, the representa- enforcement officer begins approach- D. Black powder, priming quills, tions and actions of the individual ing the person while stopped and and percussion caps possessed and exercising control over the firearm. before the law enforcement officer lawfully used to fire a cannon on a (i) “Handgun” means any of the fol- leaves, unless the failure is pursuant type defined in this division during lowing: to and in accordance with directions displays, celebrations, organized (1) Any firearm that has a short given by a law enforcement officer; matches or shoots, and target prac- stock and is designed to be held and (3) If the person is stopped for a tice, and smokeless and black pow- fired by the use of a single hand; law enforcement purpose and is car- der, primers, and percussion caps pos- (2) Any combination of parts from rying a concealed handgun, knowing- sessed and lawfully used as a propel- which a firearm of a type described in ly disregard or fail to comply with lant or ignition device in small-arms this division can be assembled. any lawful order of any law enforce- or small-arms ammunition; (j) “Incendiary device” means any ment officer given while the person is E. Dangerous ordnance that is inop- firebomb, and any device designed or stopped, including, but not limited to, erable or inert and cannot readily be specially adapted to cause physical a specific order to the person to keep rendered operable or activated, and harm to persons or property by means the person’s hands in plain sight. that is kept as a trophy, souvenir, of fire, and consisting of an incendi- (c) (1) This section does not apply ary substance or agency and a means curio, or museum piece. to any of the following: to ignite it. F. Any device that is expressly A. An officer, agent, or employee of (k) “Sawed-off-firearm” means a excepted from the definition of a this or any other state or the United shotgun with a barrel less than eigh- States, or to a law enforcement offi- destructive device pursuant to the teen inches long, or a rifle with a bar- “Gun Control Act of 1968,” 82 Stat. cer, who is authorized to carry con- rel less than sixteen inches long, or a cealed weapons or dangerous ord- 1213, 18 U.S.C. 921(a)(4), as amended, shotgun or rifle less than twenty-six and regulations issued under that act. nance or is authorized to carry hand- inches long overall. guns and is acting within the scope of (e) “Deadly weapon” means any (l) “Semi-automatic firearm” means the officer’s agent’s, or employee’s instrument, device or thing capable of any firearm designed or specially duties; inflicting death, and designed or spe- adapted to fire a single cartridge and B. Any person who is employed in cially adapted for use as a weapon, or automatically chamber a succeeding this state, who is authorized to carry cartridge ready to fire, with a single possessed, carried, or used as a concealed weapons or dangerous ord- function of the trigger. weapon. nance or is authorized to carry hand- (m) “Valid concealed handgun (f) “Explosive” means any chemi- guns, and who is subject to and in license” or “valid license to carry a cal compound, mixture, or device, the compliance with the requirements of concealed handgun” means a con- primary or common purpose of which Section 109.801 of the Revised Code, cealed handgun license that is cur- is to function by explosion. “Explo- unless the appointing authority of the rently valid, that is not under a sus- sive” includes all materials that have person has expressly specified that pension under division (A)(1) of Sec- been classified as division 1.1, divi- the exemption provided in this section 2923.128 of the Revised Code, sion 1.2, division 1.3, or division 1.4 tion does not apply to the person; under Section 2923.1213 of the Revised explosives by the United States C. A person’s transportation or stor- Code, or under a suspension provision department of transportation in its age of a firearm, other than a firearm of the state, other than this state in regulations and includes, but is not described in divisions (b), (d), (f), which the license was issued, and limited to, dynamite, black powder, (g), (j) and (n) of Section 627.01 of that has not been revoked under divi- pellet powders, initiating explosives, this Code, in a motor vehicle for any sion (B)(1) of Section 2923.128 of the lawful purpose if the firearm is not on blasting caps, electric blasting caps, Revised Code, under Section 2923.1213 the actor’s person; safety fuses, fuse igniters, squibs, of the Revised Code, or under a revo- D. A person’s storage or possession cordeau detonant fuses, instanta- cation provision of the state other of a firearm, other than a firearm neous fuses, and igniter cords and than this state in which the license described in divisions (b), (d), (f), igniters. “Explosive” does not include was issued. (g), (j) and (n) of Section 627.01 of “fireworks,” as defined in Section (n) “Zip-gun” means any of the fol- this Code, in the actor’s own home for 3743.01 of the Revised Code, or any lowing: any lawful purpose. substance or material otherwise (1) Any firearm of crude and extem- (2) Division (a)(2) of this section meeting the definition of explosive porized manufacture; set forth in this section that is manu- (2) Any device, including without does not apply to any person who, at factured, sold, possessed, transported, limitation a starter’s pistol, that is not the time of the alleged carrying or stored, or used in any activity designed as a firearm, but that is spe- possession of a handgun, is carrying a valid concealed handgun license, described in Section 3743.80 of the cially adapted for use as a firearm; unless the person knowingly is in a Revised Code, provided the activity is (3) Any industrial tool, signaling place described in division (B) of Sec- conducted in accordance with all device, or safety device, that is not designed as a firearm, but that as tion 2923.126 of the Revised Code. applicable laws, rules, and regula- (d) It is an affirmative defense to a tions, including, but not limited, the designed is capable of use as such, when possessed, carried, or used as a charge under this section of carrying provisions of Section 3743.80 of the or having control of a weapon other Revised Code and the rules of the fire firearm. (RC Section 2923.11) than a handgun and other than a dan- marshal adopted pursuant to Section gerous ordnance that the actor was 3737.82 of the Revised Code. not otherwise prohibited by law from (g) “Explosive device” means any Section 627.02 Carrying Concealed Weapons having the weapon and that any of device designed or specially adapted the following applies: to cause physical harm to persons or (a) No person shall knowingly carry or have, concealed on the per- (1) The weapon was carried or kept property by means of an explosion, son’s person or concealed ready at ready at hand by the actor for defen- and consisting of an explosive sub- hand, any of the following: sive purposes while the actor was stance or agency and a means to deto- (1) A deadly weapon other than a engaged in or was going to or from nate it. “Explosive device” includes handgun; the actor’s lawful business or occupa- without limitation any bomb, any (2) A handgun other than a danger- tion, which business or occupation explosive demolition device, any ous ordnance; was of a character or was necessarily blasting cap or detonator containing (3) A dangerous ordnance. carried on in a manner or at a time or an explosive charge, and any pres- (b) No person who has been issued place as to render the actor particu- sure vessel that has been knowingly a concealed handgun license shall do larly susceptible to criminal attack, tampered with or arranged so as to any of the following: such as would justify a prudent per- explode. (1) If the person is stopped for a son in going armed. (h) (1) “Firearm” means any dead- law enforcement purpose and is car- (2) The weapon was carried or kept ly weapon capable of expelling or pro- rying a concealed handgun, fail to ready at hand by the actor for defen- pelling one or more projectiles by the promptly inform any law enforcement sive purposes while the actor was action of an explosive or combustible officer who approaches the person engaged in a lawful activity and had propellant. “Firearm” includes an after the person has been stopped that reasonable cause to fear a criminal unloaded firearm, and any firearm the person has been issued a con- attack upon the actor, a member of that is inoperable but that can readily cealed handgun license and that the the actor’s family, or the actor’s home, be rendered operable. person then is carrying a concealed such as would justify a prudent per- (2) When determining whether a handgun; son in going armed. firearm is capable of expelling or pro- (2) If the person is stopped for a (3) The weapon was carried or kept pelling one or more projectiles by the law enforcement purpose and is car- ready at hand by the actor for any action of an explosive or combustible rying a concealed handgun, knowing- lawful purpose and while in the propellant, the trier of fact may rely ly fail to keep the person’s hands in actor’s own home. 1028 July 23, 2014 The City Record 21

(e) No person who is charged with a license, carrying concealed weapons person’s attempt to replace the violation of this section shall be in violation of division (b)(1) of this firearm, as reflected by the date of required to obtain a concealed hand- section is a minor misdemeanor, and loss or theft on an official police gun license as a condition for the dis- the offender’s concealed handgun report filed under Section 627.18. missal of the charge. license shall not be suspended pur- (c) Any person who violates this (f) (1) Whoever violates this sec- suant to division (A)(2) of Section section is guilty of a misdemeanor of tion is guilty of carrying concealed 2923.128 of the Revised Code. the first degree. weapons. Except as otherwise provid- (4) Carrying concealed weapons in ed in this division, carrying concealed violation of division (b)(2) or (3) of Section 627.04 Using Weapons weapons in violation of division this section is a misdemeanor of the While Intoxicated (a)(1) and (a)(2) of this section is a first degree. In addition to any other (a) No person, while under the misdemeanor of the first degree. This penalty or sanction imposed for mis- influence of alcohol or any drug of section shall not apply in any case in demeanor violation of division (b)(2) abuse, shall carry or use any firearm which the conduct constitutes a or (3) of this section, the offender’s or dangerous ordnance. felony under the laws of the State of concealed handgun license shall be (b) Whoever violates this section is Ohio. suspended pursuant to division guilty of using weapons while intoxi- (2) If a person being arrested for a (A)(2) of Section 2923.128 of the cated, a misdemeanor of the first violation of division (a)(2) of this Revised Code. degree. section promptly produces a valid (g) If a law enforcement officer (RC Section 2923.15) concealed handgun license, and if at stops a person to question the person the time of the violation the person regarding a possible violation of this Section 627.05 Improperly Handling was not knowingly in a place section, for a traffic stop, or for any Firearms in a Motor Vehicle described in division (B) of Section other law enforcement purpose, if the (a) No person shall knowingly 2923.126 of the Revised Code, the offi- person surrenders a firearm to the transport or have a firearm in a motor cer shall not arrest the person for a officer, either voluntarily or pursuant vehicle, unless the person may law- violation of that division. If the per- to a request or demand of the officer, fully possess that firearm under son is not able to promptly produce and if the officer does not charge the applicable law of this state or the any concealed handgun license and if person with a violation of this section United States, the firearm is the person is not in a place described or arrest the person for any offense, unloaded, and the firearm is carried in that section, the officer may arrest the person is not otherwise prohibited in one of the following ways: the person for a violation of that divi- by law from possessing the firearm, (1) In a closed package, box, or sion, and the offender shall be pun- and the firearm is not contraband, the case; ished as follows: officer shall return the firearm to the (2) In a compartment that can be A. The offender shall be guilty of a person at the termination of the stop. reached only by leaving the vehicle; minor misdemeanor if both of the fol- If a court orders a law enforcement (3) In plain sight and secured in a lowing apply: officer to return a firearm to a person rack or holder made for the purpose; 1. Within ten days after the arrest, pursuant to the requirement set forth (4) If the firearm is at least twenty- the offender presents a concealed in this division, division (B) of Sec- four inches in overall length as mea- handgun license, which license was tion 2923.163 of the Revised Code sured from the muzzle to the part of valid at the time of the arrest to the applies. the stock furthest from the muzzle law enforcement agency that employs (RC Section 2923.12) and if the barrel is at least eighteen the arresting officer. inches in length, either in plain sight 2. At the time of the arrest, the Section 627.03 Limiting Firearm with the action open or the weapon offender was not knowingly in a Purchases to One Person every 90 stripped, or if the firearm is of a type place described in division (B) of Sec- Days on which the action will not stay open or which cannot easily be stripped, in tion 2923.126 of the Revised Code. (a) No person shall purchase or oth- plain sight. B. The offender shall be guilty of a erwise acquire more than one firearm (b) No person who has been issued misdemeanor and shall be fined five within a 90-day period. a concealed handgun license, who is hundred dollars if all of the following (b) This section does not apply to: the driver or an occupant of a motor apply: (1) Any law enforcement or correc- vehicle that is stopped as a result of a 1. The offender previously had been tions agency, or law enforcement or traffic stop or a stop for another law issued a concealed handgun license, corrections officer acting within the enforcement purpose or is the driver and that license expired within the course and scope of the officer’s or an occupant of a commercial motor two years immediately preceding the employment or official duties; vehicle that is stopped by an employ- arrest. (2) A United States Marshall or ee of the motor carrier enforcement 2. Within forty-five days after the member of the Armed Forces of the unit for the purposes defined in Sec- arrest, the offender presents a con- United States or the National Guard, tion 5503.34 of the Revised Code, and cealed handgun license to the law or a federal or state official, who is who is transporting or has a loaded enforcement agency that employed required to possess a firearm in the handgun in the motor vehicle or com- the arresting officer, and the offender operation of his or her official duties; mercial motor vehicle in any manner, waives in writing the offender’s right (3) Licensed firearm manufactur- shall do any of the following: to a speedy trial on the charge of the ers, importers or dealers, while (1) Fail to promptly inform any law violation that is provided in Section engaged in the course and scope of enforcement officer who approaches 2945.71 of the Revised code. their activities as licensees, provided the vehicle while stopped that the per- 3. At the time of the commission of that the transfers are between son has been issued a concealed hand- the offense, the offender was not licensees and all such licensees are gun license and that the person then knowingly in a place described in properly licensed under federal or possesses or has a loaded handgun in Division (B) of Section 2923.126 of the state law; the motor vehicle; Revised Code. (4) A private security firm, or pri- (2) Fail to promptly inform the C. If neither division (f)(2)A. nor B. vate security personnel, who acquire employee of the unit who approaches of this section applies, the offender the firearms for use in the course and the vehicle while stopped that the per- shall be punished under division scope of employment; son has been issued a concealed hand- (f)(1) of this section. (5) A gunsmith acquiring firearms gun license and that the person then (3) Except as otherwise provided in solely for the purposes of service or possesses or has a loaded handgun in this division, carrying concealed repair; the commercial motor vehicle; weapons in violation of division (6) A common carrier, warehouse- (3) Knowingly fail to remain in the (b)(1) of this section is a misde- man or other person engaged in the motor vehicle while stopped or know- meanor of the first degree, and, in business of transporting or storing ingly fail to keep the person’s hands addition to any other penalty or sanc- goods, to the extent that the posses- in plain sight at any time after any tion imposed for a violation of division or receipt of any firearm is in the law enforcement officer begins sion (b)(1) of this section, the offend- ordinary course of business, and not approaching the person while stopped er’s concealed handgun license shall for the personal use of any such per- and before the law enforcement offi- be suspended pursuant to division son; cer leaves, unless the failure is pur- (A)(2) of Section 2923.128 of the (7) A person acquiring firearms by suant to and in accordance with direc- Revised Code. If, at the time of the operation of law upon the death of the tions given by a law enforcement offi- stop of the offender for a law enforce- former owner of the firearms; or cer; ment purpose that was the basis of (8) A person whose firearm was (4) Knowingly disregard or fail to the violation, any law enforcement stolen or irretrievably lost and who comply with any lawful order of any officer involved with the stop had considers it essential that the firearm law enforcement officer given while actual knowledge that the offender be replaced immediately if the loss or the motor vehicle is stopped, includ- has been issued a concealed handgun theft occurred within 90 days of the ing, but not limited to, a specific order 1029 22 The City Record July 23, 2014 to the person to keep the person’s (f) Whoever violates this section is 1. A package, box, or case with mul- hands in plain sight. guilty of improperly handling tiple compartments, as long as the (c) (1) Divisions (a) and (b) of this firearms in a motor vehicle. Violation loaded magazine or speed loader and section do not apply to any of the fol- of division (a) of this section is a mis- the firearm in question either are in lowing: demeanor of the fourth degree. separate compartments within the A. An officer, agent, or employee of Except as otherwise provided in this package, box, or case, or, if they are this or any other state or the United division, a violation of division (b)(1) in the same compartment, the maga- States, or a law enforcement officer, or (2) of this section is a misdemeanor zine or speed loader is contained with- when authorized to carry or have of the first degree, and, in addition to in a separate enclosure in that com- loaded or accessible firearms in motor any other penalty or sanction partment that does not contain the vehicles and acting within the scope imposed for the violation, the offend- firearm and that closes using a snap, of the officer’s, agent’s, or employee’s er’s concealed handgun license shall button, buckle, zipper, hook and loop duties; be suspended pursuant to division closing mechanism, or other fastener B. Any person who is employed in (A)(2) of Section 2923.128 of the that must be opened to access the con- this state, who is authorized to carry Revised Code. If at the time of the tents or the firearm is contained with- or have loaded or accessible firearms stop of the offender for a traffic stop, in a separate enclosure of that nature in motor vehicles, and who is subject for another law enforcement purpose, in that compartment that does not to and in compliance with the require- or for a purpose defined in Section contain the magazine or speed loader; ments of Section 109.801 of the 5503.34 of the Revised Code that was 2. A pocket or other enclosure on the Revised Code, unless the appointing the basis of the violation any law person of the person in question that authority of the person has expressly enforcement officer involved with the closes using a snap, button, buckle, specified that the exemption provided stop or the employee of the motor car- zipper, hook and loop closing mecha- in this division does not apply to the rier enforcement unit who made the nism, or other fastener that must be person. stop had actual knowledge of the opened to access the contents. (2) Division (a) of this section does offender’s status as a licensee, a vio- C. For the purposes of division not apply to a person who transports lation of division (b)(1) or (2) of this (h)(2)A. and B. of this section, ammu- or possesses a handgun in a motor section is a minor misdemeanor, and nition held in stripper-clips or in en- vehicle if, at the time of that trans- the offender’s concealed handgun bloc clips is not considered ammuni- portation or possession, both of the license shall not be suspended pur- tion that is loaded into a magazine or following apply: suant to division (A)(2) of Section speed loader. A. The person transporting or pos- 2923.128 of the Revised Code. A viola- (6) “Unloaded” means, with respect sessing the handgun is carrying a tion of division (b)(3) or (4) of this to a firearm employing a percussion section is a misdemeanor of the first valid concealed handgun license. cap, flintlock, or other obsolete igni- degree. In addition to any other penal- B. The person transporting or pos- tion system, when the weapon is ty or sanction imposed for a misde- sessing the handgun is not knowing- uncapped or when the priming charge meanor violation of division (b)(3) or ly in a place described in division (B) is removed from the pan. (4) of this section, the offender’s con- of Section 2923.126 of the Revised (7) “Commercial motor vehicle” has cealed handgun license shall be sus- Code. the same meaning as in division (A) pended pursuant to division (A)(2) of (3) Division (a) of this section does of Section 4506.25 of the Revised Code. Section 2923.128 of the Revised Code. not apply to a person if all of the fol- (8) “Motor carrier enforcement (g) If a law enforcement officer lowing apply: stops a motor vehicle for a traffic stop unit” means the motor carrier enforce- A. The person possesses a valid or any other purpose, if any person in ment unit in the department of public electric-powered all-purpose vehicle the motor vehicle surrenders a safety, division of state highway permit issued under Section 1533.103 firearm to the officer, either voluntar- patrol, that is created by Section of the Revised Code by the chief of the ily or pursuant to a request or demand 5503.34 of the Revised Code. division of wildlife. of the officer, and if the officer does (i) Divisions (h)(5)A. and B. of this B. The person is on or in an electric- not charge the person with a violation section do not affect the authority of a powered all-purpose vehicle as of this section or arrest the person for person who is carrying a valid con- defined in Section 1531.01 of the any offense, the person is not other- cealed handgun license to have one or Revised Code or a motor vehicle dur- wise prohibited by law from possess- more magazines or speed loaders con- ing the open hunting season for a ing the firearm, and the firearm is not taining ammunition anywhere in a wild quadruped or game bird. contraband, the officer shall return vehicle, without being transported as C. The person is on or in an electric- the firearm to the person at the termi- described in those divisions, as long powered all-purpose vehicle as nation of the stop. If a court orders a as no ammunition is in a firearm, defined in Section 1531.01 of the law enforcement officer to return a other than a handgun, in the vehicle Revised Code or a motor vehicle that firearm to a person pursuant to the other than as permitted under any is parked on a road that is owned or requirement set forth in this division, other provision of this chapter. A per- administered by the division of division (B) of Section 2923.163 of the son who is carrying a valid concealed wildlife, provided that the road is Revised Code applies. handgun license may have one or identified by an electric-powered all- (h) As used in this section: more magazines or speed loaders con- purpose vehicle sign. (1) “Motor vehicle”, “street,” and taining ammunition anywhere in a (d) (1) The affirmative defenses “highway” have the same meanings vehicle without further restriction, as authorized in divisions (d)(1) and (2) as in Section 4511.01 of the Revised long as no ammunition is in a firearm, of Section 627.02 are affirmative Code. other than a handgun, in the vehicle defenses to a charge under division (2) “Unloaded” means: other than as permitted under any (a) of this section that involves a A. With respect to a firearm other provision of this chapter. firearm other than a handgun. than a firearm described in division (RC Section 2923.16) (2) It is an affirmative defense to a (h)(6) of this section, that no ammu- charge under division (a) of this sec- nition is in the firearm in question, no Section 627.06 Failure to Secure tion of improperly handling firearms magazine or speed loader containing Dangerous Ordnance in a motor vehicle that the actor trans- ammunition is inserted into the (a) No person, in acquiring, pos- ported or had the firearm in the motor firearm in question, and one of the fol- sessing, carrying, or using any dan- vehicle for any lawful purpose and lowing applies: gerous ordnance shall negligently while the motor vehicle was on the 1. There is no ammunition in a mag- fail to take proper precautions: actor’s own property, provided that azine or speed loader that is in the (1) To secure the dangerous ord- this affirmative defense is not avail- vehicle in question and that may be nance against theft or against its able unless the person, immediately used with the firearm in question. acquisition or use by any unautho- prior to arriving at the actor’s own 2. Any magazine or speed loader rized or incompetent person; property, did not transport or possess that contains ammunition and that (2) To insure the safety of persons the firearm in a motor vehicle in a may be used with the firearm in ques- and property. manner prohibited by division (a) of tion is stored in a compartment with- (b) Whoever violates this section is this section while the motor vehicle in the vehicle in question that cannot guilty of failure to secure dangerous was being operated on a street, high- be accessed without leaving the vehi- ordnance, a misdemeanor of the sec- way, or other public or private proper- cle or is stored in a container that pro- ond degree. ty used by the public for vehicular vides complete and separate enclo- traffic. sure. Section 627.07 Improperly Provid- (e) No person who is charged with a B. For the purposes of division ing Access to Firearms to a Minor violation of division (a) of this sec- (h)(2)A.2. of this section, a “container (a) No person shall leave a firearm tion shall be required to obtain a con- that provides complete and separate so as to allow access to the firearm by cealed handgun license as a condition enclosure” includes, but is not limited a person who is under eighteen years for the dismissal of the charge. to, any of the following: of age, except for lawful hunting, 1030 July 23, 2014 The City Record 23 sporting, or educational purposes, Section 627.10 Prohibited Weapons render the actor particularly suscepti- including, but not limited to, instruc- on School Property; Duty to Notify ble to criminal attack, such as would tion in firearms or handgun safety, Police justify a prudent man in having the care, handling, or marksmanship (a) Subject to division (b) of this weapon ready at hand. under the supervision and control of a section, any school official or employ- (f) It is an affirmative defense to a responsible adult. ee who discovers a prohibited weapon charge under this section that the (b) A person who violates this sec- upon school grounds or in a school actor was not otherwise prohibited by tion is guilty of a misdemeanor of the building shall immediately notify the law from possessing a knife having a first degree. Chief of Police or his or her designee blade two and one-half (2-1/2) inches (RC Section 2923.19) and request the assistance of the Divi- in length or longer, and that either (i) sion of Police. the actor at the time was engaged in a Section 627.08 Underage Purchase (b) Division (a) of this section lawful business or pursuit and that of Firearms shall not apply: business or pursuit requires a knife (a) No person under twenty-one (1) To any school official or having a blade two and one-half (2- years of age shall purchase or employee who has personal knowl- 1/2) inches in length or longer as a attempt to purchase a handgun, pro- edge that the notification required by tool of trade or pursuit, or (ii) the vided that this division does not apply division (a) has already been given knife having a blade two and one-half to the purchase or attempted pur- (2-1/2) inches in length or longer was chase of a handgun by a person eigh- with respect to a particular discovery of a particular prohibited weapon; or kept ready at hand by the actor for teen years of age or older and under defense purposes, while he or she was (2) When the prohibited weapon is twenty-one years of age if either of engaged in his or her lawful business in the possession of an officer, agent the following apply: or occupation, which business or occu- or employee of this or any other state (1) The person is a law enforce- pation was of such character or at ment officer who is properly appoint- or the United States, members of the such a place as to render the actor ed or employed as a law enforcement armed forces of the United States or particularly susceptible to criminal officer and has received firearms the organized militia of this or any attack, such as would justify a pru- training approved by the Ohio peace other state, or law enforcement offi- dent man in having such a knife officer training council or equivalent cers, as defined in division (k) of Sec- ready at hand. firearms training. tion 601.01, to the extent that any such (g) Notwithstanding the provisions (2) The person is an active or person is authorized to possess a proof Section 601.13 and division (a) of reserve member of the armed services hibited weapon and is acting within Section 601.99, whoever violates this of the United States or the Ohio the scope of his or her duties. section is guilty of possessing certain national guard, or was honorably dis- (c) Any school official or employee weapons on or about public places, a charged from military service in the who fails to comply with division (a) misdemeanor of the first degree. active or reserve armed services of of this section is guilty of a misde- the United States or the Ohio national meanor of the first degree. Section 627.12 Seizure and Confisca- guard, and the person has received (d) For purposes of this section, a tion of Deadly Weapons firearms training from the armed ser- (a) In any situation where a deadly vices or the national guard or equiva- “prohibited weapon” is any weapon weapon is present and a person has lent firearms training. defined, described, or listed in any been drinking or disturbing the (b) Whoever violates this section is division of Section 627.01, Section peace, threatening bodily harm or guilty of underage purchase of a 627.15, Section 627.21, Section 627.22, handgun, a misdemeanor of the sec- Section 627.24, or Section 627.25. causing or threatening a disturbance ond degree. or violence, and there is reasonable (RC Section 2923.211) Section 627.11 Possessing Certain cause for the investigating police Weapons at or About Public Places officer to believe that such deadly Section 627.09 Improperly Discharg- (a) No person shall knowingly weapon may be used to cause bodily ing a Firearm on or near Prohibited carry, have in his or her possession or harm, such deadly weapon may be Premises ready at hand any BB gun, pellet gun, seized by the police and kept in the custody of the Chief of Police until (a) No person shall do any of the knife having a blade two and one-half released by an order of a court of com- following: (2-1/2) inches in length or longer, petent jurisdiction. (1) Without permission from the brass knuckles, cestus, billy, karate proper officials and subject to divi- (b) Any deadly weapon seized by a stick, blackjack, sword or saber while police officer upon the arrest of any sion (b)(4) of this section, discharge at or about a public place. a firearm upon or over a cemetery or person, firm or corporation charged (b) As used in this section, “public with a violation of any of the provi- within one hundred yards of a ceme- place” means any place to which the tery; sions of this chapter, or any felony or general public has access and a right (2) Subject to division (b)(5) of this misdemeanor involving the use of a to resort for business, entertainment section, discharge a firearm on a deadly weapon or the use of force or or other lawful purpose, but does not lawn, park, pleasure ground, orchard, violence or the threat of the use of or other ground appurtenant to a necessarily mean a place devoted force or violence against the person of schoolhouse, church, or inhabited solely to the uses of the public. It also another, shall be confiscated by the dwelling, the property of another, or a includes the front or immediate area Division of Police for disposal. How- charitable institution; of any store, shop, restaurant, tavern ever, any deadly weapon seized (3) Discharge a firearm upon or or other place of business and any which has been reported stolen shall over a public road or highway; grounds, areas or parks where per- be returned to the owner thereof, (4) Discharge a firearm within five sons would congregate. unless possession by the owner would hundred (500) feet of the grounds of (c) This section does not apply to constitute a violation of any provision any park, playground, or recreation officers, agents or employees of this of these Codified Ordinances or of center owned by the City. or any other state or the United State or Federal law. (b) This section does not apply to States, to law enforcement officers the following: authorized to carry or possess deadly Section 627.13 Reporting Transfers (1) A person acting in self-defense weapons or to persons with private or of Firearms or otherwise with privilege to do so; special police commissions, and act- (a) Except for transfers involving (2) A law enforcement or correc- ing within the scope of their duties. a licensed gun dealer, no person shall tions officer acting within the course (d) This section shall not apply if sell or transfer a firearm without and scope of the officer’s employment any weapon in division (a) of this sec- reporting the sale or transfer to the or official duties; tion was part of a public weapon dis- Division of Police. The Director of (3) Security personnel acting with- play, show or exhibition, or was in the Public Safety may promulgate rules in the course and scope of their possession of a person participating and regulations governing the report- employment; in an organized match, competition or ing process. (4) A person who, while on the per- practice session. (b) A person who violates this sec- son’s own property, discharges a (e) It is an affirmative defense to a tion is guilty of a misdemeanor of the firearm; and charge under this section that the first degree. (5) A person who owns any type of actor was not otherwise prohibited by property described in division (a)(2) law from possessing the weapon, and Section 627.14 Defacing Identifica- and who, while on the person’s own that the weapon was kept ready at tion Marks of Firearms; Possessing enclosure, discharges a firearm. hand by the actor for defense purpos- Defaced Firearm (c) Any person who violates this es, while he or she was engaged in his (a) No person shall do either of the section is guilty of a misdemeanor of or her lawful business or occupation, following: the first degree. which business or occupation was of (1) Change, alter, remove, or oblit- (RC Section 2923.162) such character or at such a place as to erate the name of the manufacturer, 1031 24 The City Record July 23, 2014 model, manufacturer’s serial number, (12) inches in length with a pointed report concerning the firearm or dan- or other mark of identification on a or blunted end and two (2) prongs gerous ordnance or the circumstances firearm. that extend down from the blade to surrounding its acquisition, posses- (2) Possess a firearm knowing or form a handle and a protection for sion or present or past ownership. having reasonable cause to believe strikes. Receipt can be made available upon that the name of the manufacturer, (3) When transferring any danger- request. model, manufacturer’s serial number, ous ordnance to another, negligently or other mark of identification on the fail to require the transferee to exhib- Section 627.18 Reporting Lost or firearm has been changed, altered, it such identification, license or per- Stolen Firearms removed, or obliterated. mit showing him or her to be autho- (a) No person who resides in the (b) (1) Whoever violates division rized to acquire dangerous ordnance City shall fail to report to the Division (a)(1) of this section is guilty of pursuant to Section 2923.17 of the of Police the theft or loss of a firearm defacing identification marks of a Revised Code, or negligently fail to he or she owns or possesses within firearm. Except as otherwise provid- take a complete record of the transac- forty-eight (48) hours of the time he ed in this division, defacing identifi- tion and forthwith forward a copy of or she knew or should have known cation marks of a firearm is a misde- such record to the sheriff of the coun- that the firearm had been stolen or meanor of the first degree. ty or safety director or police chief of lost. (2) Whoever violates division the municipality where the transac- (b) The report to the Division of (a)(2) of this section is guilty of pos- tion takes place; Police under division (a) shall con- sessing a defaced firearm. Except as (4) Knowingly fail to report to law tain the following information: otherwise provided in this division, enforcement authorities forthwith (1) The name, address and social possessing a defaced firearm is a mis- the loss or theft of any firearm or dan- security number of the person owning demeanor of the first degree. gerous ordnance in the person’s pos- or having possession of the firearm; (c) Division (a) of this section does session or under the person’s control. (2) The model, caliber, serial num- not apply to any firearm on which no (b) Whoever violates this section is ber and manufacturer of the firearm; manufacturer’s serial number was guilty of unlawful transactions in (3) Any registration number for the inscribed at the time of its manufac- weapons. Violation of subsection firearm; ture. (a)(1) or (3) hereof is a misdemeanor (4) The date and place of the theft (RC Section 2923.201) of the second degree. Notwithstand- or loss; and ing the provisions of Section 601.13 or (5) A complete statement of the Section 627.15 Unlawful Transac- 601.99 (a), violation of subsection facts and circumstances surrounding tions in Weapons (a)(4) is a misdemeanor of the fourth the theft or loss. (a) No person shall: degree. (c) This section does not apply to: (1) Manufacture, possess for sale, (1) Any law enforcement or correc- sell or furnish to any person other Section 627.16 Prohibition Against tions agency, or law enforcement or than a law enforcement agency for Transferring Firearms or Dangerous corrections officer acting within the authorized use in police work, any Ordnance to a Felon or Intoxicated course and scope of the officer’s brass knuckles, cestus, billy, black- Person employment or official duties; or jack, sandbag, switchblade knife, (a) No person shall negligently sell, (2) A United States Marshall or springblade knife, gravity knife or lend, give, or furnish any firearm to member of the Armed Forces of the spring-loaded weapon capable of pro- any person prohibited by Section United States or the National Guard, pelling a knife or knifelike projectile, 2923.13 or 2923.15 of the Revised Code or a federal or state official, who is including, but not limited to, a ballis- from acquiring or using a firearm, or required to possess a firearm in the tic knife (sometimes referred to com- negligently sell, lend, give, or furnish operation of his or her official duties. monly as a KGB knife) or similar any dangerous ordnance to any per- weapon and/or advanced martial arts (d) No person shall knowingly pro- son prohibited by Section 2923.13, weapons, including, but not limited to vide false or misleading information 2923.15, or 2923.17 of the Revised Code shurikan (throwing star), nunchuck, pertaining to the loss or theft of a from acquiring or using any danger- sword, knife, staff, Tonfa, Kama, and firearm that they own. ous ordnance. Sai and/or other similar weapons. (e) Any person who violates divi- (b) A person who violates this sec- This paragraph does not apply to sion (a) or (d) of this section is guilty the possession and/or use of tion is guilty of a misdemeanor of the of a misdemeanor of the second advanced martial arts weapons on the first degree. degree. premises of a recognized martial arts school or during the time said Section 627.17 Voluntary Surrender Section 627.19 Facsimile Firearms weapons are being transported direct- of Firearms and Dangerous Ordnance (a) (1) “Firearm” shall have the ly to or from said premises. (a) No person who acquires, pos- same meaning as used in Section (2) As used in paragraph (a)(1) sesses, or carries a firearm or danger- 627.01 of this chapter. hereof, the following designated mar- ous ordnance in violation of Section (2) “Replica or facsimile of a tial arts weapons are defined as fol- 2923.13 or 2923.17 of the Revised Code firearm” shall mean any device or lows: shall be prosecuted for such violation, object made of plastic, wood, metal or A. “Nunchuck” – two (2) pieces of if he reports his possession of any other material which is a replica, hardwood sticks, generally equal in firearms or dangerous ordnance to facsimile or toy version of, or is other- size and weight, held together by a any law enforcement authority, wise recognizable as, a pistol, piece of string, leather or chain. describes the firearms of [or] danger- revolver, shotgun, sawed-off shotgun, B. “Sword” – a weapon with a long ous ordnance in his possession and rifle, machine gun, rocket launcher or blade for cutting or thrusting where they may be found, and volun- any other firearm. As used in this sec- designed, manufactured or marketed tarily surrenders the firearms or dan- tion, “replica or facsimile of a as a martial arts weapon. gerous ordnance to the law enforce- firearm” shall include, but is not lim- C. “Knife” – a weapon consisting of ment authority. A surrender is not vol- ited to, toy guns, movie props, hobby a single- or double-edged short blade untary if it occurs when the person is models (either in kit form or fully for cutting or throwing and designed, taken into custody or during a pursuit assembled), starter pistols, air guns, manufactured or marketed as a mar- or attempt to take the person into cus- firearms that are inoperable and can- tial arts weapon. tody under circumstances indicating not readily be rendered operable, or D. “Staff” – a hardwood stick the that the surrender is made under any other device which might reason- size of which can vary from two (2) to threat of force. ably be perceived to be a real firearm. six (6) feet in length which can be (b) Any firearm or dangerous ord- (b) No person shall display, market used to strike, to block, to jab, to hold nance, declared to be illegal under the for sale or sell any replica or facsimi- and throw an opponent. provisions of Section 627.06 or RC Sec- le of a firearm in the City. The provi- E. “Tonfa” – a hardwood shaft tion 2923.20 may be disposed of by pre- sions of this subsection shall not which measures about seventeen (17) senting the firearm or dangerous ord- apply to any replica or facsimile inches in length with a handle nance by the person owning or pos- firearm which, because of its distinct approximately four and one-half (4- sessing it, at any district police sta- color, exaggerated size, or other 1/2) inches in length affixed to the tion in the City of Cleveland, at the design feature, cannot reasonably be shaft. Central Police Station or the Detec- perceived to be a real firearm. F. “Kama” – an instrument consist- tive Bureau of the Division of Police. (c) Except in self-defense, no per- ing of a handle with a long curved sin- (c) No person disposing of a son shall draw, exhibit or brandish a gle-edged blade affixed at the end of firearm or dangerous ordnance in the replica or facsimile of a firearm or the handle. manner and at the places herein des- simulate a firearm in a rude, angry or G. “Sai” – a piece of steel or heavy ignated, shall be required to make threatening manner, with the intent metal that is approximately twelve any written or oral statement or to frighten, vex, harass or annoy or 1032 July 23, 2014 The City Record 25 with the intent to commit an act (3) “School”, “school building”, and tends to cause public alarm. This sec- which is a crime under the laws of the “school premises” have the same tion does not apply to law enforce- City, State or Federal government meaning as in Section 2925.01 of the ment agents in the discharge of offi- against any other person. Revised Code. cial duty. (d) No person shall draw, exhibit or (4) “School activity” means any (b) Whoever violates this section is brandish a replica or facsimile of a activity held under the auspices of a guilty of unlawful possession or use firearm or simulate a firearm in the board of education of a city, local, of stench bombs, a misdemeanor of presence of a law enforcement offi- exempted village, joint vocational, or the first degree. cer, fire fighter, emergency medical cooperative education school district; technician or paramedic engaged in a governing authority of a community Section 627.25 Tear Gas Guns the performance of his or her duties, school established under Chapter 3314 (a) No person not being a law when the person committing such of the Revised Code; a governing enforcement officer acting in the line brandishing knows or has reason to board of an educational service cen- of duty or a person engaged in know that such law enforcement offi- ter, or the governing body of a school repelling robbers, thieves, murderers cer, fire fighter, emergency medical for which the state board of education or other law violators in the defense technician or paramedic is engaged prescribed minimum standards under and protection of his or her home or in the performance of his or her Section 3301.07 of the Revised Code. place of business, shall aim and dis- duties. (5) “School bus” has the same mean- charge at any person a weapon or (e) (1) Whoever violates division ing as in Section 4511.01 of the device of any kind which impels by (b) of this section is guilty of unlaw- Revised Code. compressed air, spring release or ful sale of a replica firearm, a misde- (RC Section 2923.122) other means a projectile containing meanor of the third degree. any liquid or gas which is dangerous (2) Whoever violates division (c) of Section 627.21 Sale of Long-Bladed to the safety or health of such person, this section is guilty of brandishing a Pocket Knives or which otherwise discharges any replica firearm, a misdemeanor of the (a) No person shall give or sell a such liquid or gas upon the person of first degree. pocket knife having a blade of two another. (3) Whoever violates division (d) and one-half (2-1/2) inches in length (b) Whoever violates this section is of this section is guilty of brandish- or longer, without first requiring a guilty of unlawful tear gas gun use, a ing a replica firearm in the presence purchaser to properly identify him- misdemeanor of the first degree. of a public safety officer, a misde- self or herself and register in a book meanor of the first degree. kept for such purpose giving his or Section 627.26 Containers or Com- her name, address and age. The regis- bustibles Section 627.20 Conveyance or Pos- ter shall be subject to inspection by (a) No person shall make, use, have session of an Object Indistinguish- any officer of the law upon demand. on or about his or her person or under able from a Firearm in a School Safe- (b) No person shall give, sell or his or her control any device or con- ty Zone exhibit for sale to a minor a knife hav- tainer, having a combustible material (a) No person shall knowingly pos- ing a blade two and one-half (2-1/2) or substance which can be used as a sess an object in a school safety zone inches in length or longer. means of igniting such device or con- if both of the following apply: (c) Every person, firm or corpora- tainer attached thereto as a fuse and (1) The object is indistinguishable tion dealing in the sale of knives shall containing therein any flammable or from a firearm, whether or not the post a copy of this section in a con- combustible material or substance, object is capable of being fired. spicuous place in such place of busi- which device or container can be used (2) The person indicates that the ness. as a firebomb by igniting the fuse or person possesses the object and that (d) Whoever violates this section is igniting the fuse and breaking the it is a firearm, or the person knowing- guilty of unlawful pocket knife sale, device or container by dropping, toss- ly displays or brandishes the object a misdemeanor of the third degree. ing or throwing such device or con- and indicates that it is a firearm. tainer against or upon an object. (b) Division (a) of this section does Section 627.22 Sale or Possession of However, this section does not apply not apply to premises upon which Sling Shots and Pea Shooters to any person using, making or hav- home schooling is conducted. Divi- (a) No person shall carry on or ing such device or container in his or sion (a) of this section also does not about his or her person, sell or exhibit her possession or under his or her con- apply to a school administrator, for sale a sling shot, commonly control in the course of a legitimate busi- teacher, or employee who possesses sisting of a forked stick with an elas- ness, employment or occupation. an object that is indistinguishable tic band attached, or a piece of elastic (b) Whoever violates this section is from a firearm for legitimate school such as rubber, with a bag attached guilty of unlawful manufacture, pos- purposes during the course of employ- for shooting of projectiles. session or use of combustible contain- ment, a student who uses an object (b) No person shall carry on or er, a misdemeanor of the first degree. that is indistinguishable from a about his or her person, sell or exhibit firearm under the direction of a for sale a pea shooter, commonly con- Section 627.27 Jump Traps school administrator, teacher, or sisting of a hollow cylindrical object (a) No person shall use or permit employee, or any other person who made of one (1) or more materials the use within the City of any steel with the express prior approval of a through which an object may be pro- jump animal trap or similar device school administrator possesses an pelled by blowing air through the with spring activated jaws of the object that is indistinguishable from same. types commonly used for the trapping a firearm for a legitimate purpose, (c) Whoever violates this section is of fur bearing animals, which is capa- including the use of the object in a guilty of unlawful sale or possession ble of inflicting cruelty upon dogs or ceremonial activity, a play, reenact- of sling shots or pea shooters, a minor cats or which constitutes a hazard to ment, or other dramatic presentation, misdemeanor. small children. or a ROTC activity or another similar (b) Whoever violates this section is use of the object. Section 627.23 Unlawful Display of guilty of unlawful jump trap use, a (c) Whoever violates division (a) Weapons misdemeanor of the third degree. of this section is guilty of illegal pos- (a) No person, firm or corporation Section 3. That the Codified Ordi- session of an object indistinguishable shall exhibit for sale in showcases or nances are supplemented by enacting from a firearm in a school safety show windows any daggers, stilet- new Sections 628.01 to 628.10 and zone. Except as otherwise provided in toes, brass or iron knuckles and bil- 628.99 to read as follows: this division, illegal possession of an lies, or display any signs, posters, car- object indistinguishable from a toons or display cards, suggesting the CHAPTER 628 firearm in a school safety zone is a sale of such weapons. GUN OFFENDER REGISTRY misdemeanor of the first degree. (b) Whoever violates this section is (d) As used in this section: guilty of unlawful display of Section 628.01 Definitions (1) “Object that is indistinguish- weapons, a misdemeanor of the first For purposes of this chapter, the able from a firearm” means an object degree. following definitions apply: made, constructed, or altered so that, (a) “Convicted” or “conviction” to a reasonable person without spe- Section 627.24 Possession or Use of means: cialized training in firearms, the Stench Bombs (1) Having been found guilty of a object appears to be a firearm. (a) No person shall possess or use a gun offense by a jury or judicial offi- (2) “School safety zone” consists of tear gas device, stink bomb, smoke cer; or a school, school building, school generator or other device releasing a (2) The acceptance of a plea of premises, school activity, and school substance which is harmful or offen- guilty or nolo contendere for a gun bus. sive to persons exposed or which offense. 1033 26 The City Record July 23, 2014

(b) “Director” means the Director of other institution, shall register with- Section 628.04 Registration Period Public Safety or the Director’s in five (5) days of the offender’s dis- A gun offender shall comply with designee. charge or release from such institu- the requirements of this chapter, (c) “Gun offender” or “offenders” tion. including the registration require- means any person convicted of a gun (c) A gun offender who did not ment, for a period of four (4) years offense. “Gun offender does not reside in the City at the time when after the date of the offender’s first include a person whose conviction registration would have otherwise registration. has been reversed on appeal or other- been required under this chapter, and subsequent to that time becomes a wise set aside pursuant to law. Section 628.05 Duty to Report (d) “Gun Offense” means: resident of the City, shall register Change of Information (1) a violation of any of the follow- within five (5) days of becoming a A gun offender shall report any ing Revised Code sections or any sub- resident of the City. change in information required by stantially equivalent Codified Ordi- (d) The form and manner of regis- nance section that involves a firearm: tration shall be as provided in rules this chapter within five (5) days of and regulations promulgated by the the change, in a manner and in a form 1547.69 Firearms prohibitions Director. prescribed by the Director. 2909.08 Endangering aircraft or air- (e) The registration shall include port operations the following information: Section 628.06 Creation of Gun Reg- 2923.12 Carrying concealed (1) The gun offender’s name, date istry weapons of birth, and sex; The Director shall collect the infor- 2923.121 Possession of firearm in (2) The address where the gun mation provided under this chapter beer liquor permit premises – prohibi- offender resides, and any home or and create and maintain a list of reg- tion, exceptions mobile phone number regularly used istered of gun offenders. 2923.122 Illegal conveyance or pos- by the gun offender; Section 628.07 Sharing Registration session of deadly weapon or danger- (3) Any other legal name or alias of Information ous ordnance or of object indistin- the gun offender; The Director may make the infor- guishable from firearm in school safe- (4) A copy of the driver’s license or mation collected under this chapter ty zone non-driver’s photo identification card, available to federal, state and local 2923.123 Illegal conveyance of dead- or other document to establish proof law enforcement agencies. ly weapon or dangerous ordnance of residence acceptable to the Direc- into courthouse – illegal possession or tor; Section 628.08 Cooperation with control in courthouse (5) A photograph of the gun offend- other Agencies 2923.13 Having weapons while er; The Director shall cooperate with under disability (6) A description of the gun offense federal, state and local law enforce- 2923.15 Using weapons while intoxi- for which the offender was convicted; ment agencies and the judiciary to cated (7) The name, address and phone facilitate implementation of this number of the offender’s place of 2923.16 Improperly handling chapter. firearms in a motor vehicle work; (8) The name and address of any 2923.161 Improperly discharging Section 628.09 Rules and Regula- educational institution which the gun firearm at or into a habitation, in a tions offender attends; and school safety zone or with intent to The Director shall promulgate (9) Any other information that the cause harm or panic to persons in a rules and regulation for the imple- Director shall find reasonably neces- school building or at a school function mentation of this chapter and to pre- 2923.162 Discharge of firearm on or sary to effect the purposes of this chapter. scribe all forms and information near prohibited premises required. 2923.20 Unlawful transaction in (f) The gun offender shall submit weapons to fingerprinting in accordance with rules and regulations promulgated by Section 628.10 Offense; False Infor- 2923.201 Possessing a defaced mation firearm the Director. (g) This chapter shall not apply to (a) No person who is a gun offender 2923.21 Improperly furnishing shall fail to register or fail to renew firearms to minor any person who: (1) Can demonstrate that the per- the offender’s registration as provided in this chapter. (2) Any offense where the indict- son’s conviction for a gun offense was (b) No person shall knowingly pro- ment or information charging the (i) reversed on appeal or otherwise vide false or misleading information offense specifies that the offender set aside pursuant to law, including pertaining to the offender’s registra- had a firearm on or about the offend- receiving a pardon; or (ii) based on a tion information. er’s person or under the offender’s law that was invalidated or held to be control while committing the offense. unconstitutional or otherwise invalid; or Section 628.99 Penalty (a) Any person who violates Sec- Section 628.02 Duty to Register (2) Was adjudicated a juvenile (a) A gun offender who (1) resides delinquent for an offense that, if com- tion 628.10 is guilty of a misdemeanor in the City; and (2) on or after the mitted by an adult, would not consti- of the first degree. effective date of this section is con- tute a conviction for a gun offense. (b) Each day that a violation convicted of a gun offense shall register tinues shall constitute a separate and with the Director within five (5) days Section 628.03 Initial and Annual distinct offense. of either: (a) release, if the gun Registration Section 4. That this ordinance is offender receives a sentence of (a) For the initial registration, a declared to be an emergency measure imprisonment; or (b) the time sen- gun offender shall report in person at and, provided it receives the affirma- tence is imposed, if the sentence does such place as the Director may direct. tive vote of two-thirds of all the mem- not include imprisonment. (b) After the initial registration, bers elected to Council, it shall take (b) Notwithstanding division (a), the gun offender shall report in per- effect and be in force immediately any gun offender who did not register son at such place as the Director may upon its passage and approval by the in the time set forth in division (a) direct no later than one year after the Mayor; otherwise it shall take effect because, following the gun offender’s date of the initial registration and and be in force from and after the ear- discharge or release from a federal, thereafter no later than one year after liest period allowed by law. state or local correctional facility, the the date of each annual registration, Referred to Directors of Public gun offender was confined to a resi- until such time that the gun offender Safety, Finance, Law; Committees on dential treatment center, hospital or is no longer required to register. Safety, Finance.

FIRST READING ORDINANCE REFERRED Ord. No. 858-14. By Council Member Sweeney. An ordinance changing the Use, area and Height Districts of lands located on the northeast corner of West 135th Street and Lorain Avenue to Multi-Family Residential, a ‘D’ Area District and a ‘2’ Height District (Map Change No. 2492). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use, Area and Height Districts of lands bounded and described as 1034 July 23, 2014 The City Record 27

Beginning in the centerline of Lorain Avenue at its intersection with the southerly prolongation of the centerline of W. 135th Street; Thence northerly along said centerline of W 135th St to its intersection with the westerly prolongation of the southerly line of a parcel of land conveyed to Willie T Cox by deed dated August 6, 1985 and recorded in Auditor’s File Number V85544360027 said parcel also being known as Cuyahoga County’s Permanent Parcel Number 021-34-065; Thence easterly along said westerly prolongation and southerly line to its intersection with the easterly line thereof; Thence northerly along said easterly line to its intersection with the northerly line thereof; Thence easterly along said northerly line to its intersection with the westerly line of Sublot No. 16 in the Lorain Vil- las (Settlement Property Company) Allotment shown on the recorded plat in Volume 59, Page 16 of Cuyahoga County Map Records; Thence southerly along said westerly line and its southerly prolongation to its intersection with the southwesterly prolongation of the southerly line of Sublot No. 11 in said allotment; Thence northeasterly along said prolongation and southerly line and its northeasterly prolongation to its intersection with the centerline of Berea Road; Thence southerly along the centerline of Berea Road to its intersection with the centerline of Lorain Avenue; Thence westerly along the centerline of Lorain Avenue to its intersection with the place of origin; and as shaded on the attached map is changed to a Multi-Family District, a ‘D’ Area District and a ‘2’ Height District. Section 2. That the change of zoning of lands described in Section 1 shall be identified as Map Change No. 2492, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Plan- ning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Referred to Directors of City Planning Commission, Law; Committee on Development Planning and Sustainability. 1035 28 The City Record July 23, 2014

FIRST READING EMERGENCY Caruso Drive, a distance of 16.73 feet land’s neighborhoods; and RESOLUTIONS REFERRED to an angle point therein; Whereas, this Council will estab- Course No. 9: Thence S 63°31'18" W, lish a working committee, including Res. No. 837-14. continuing along said southerly line the APL, CDACS, Health Department, By Council Members Zone, K. John- of Father Caruso Drive, a distance of and Committees on Safety, Develop- son and Brancatelli (by departmental 240.06 feet to a point of curved turnout ment, Planning and Sustainability, request). between said Father Caruso Drive and Health to study the effectiveness An emergency resolution declaring and West 73rd Street; of Trap-Neuter-Return services that the intent to vacate a portion of Course No. 10: Thence along the arc are currently provided by the City and Father Caruso Drive N.W., West 73rd of said curved turnout, deflecting to APL, and how to expand those ser- Street and West 74th Street. the left, 114.82 feet, said curve having vices to include targeted TNR and Whereas, this Council is satisfied a radius of 104.48 feet, delta angle of new Return to Field (RTF) strategies that there is good cause to vacate a 62°58'00", and a chord which bears S to further decrease free-roaming cat portion of, Father Caruso Drive N.W., 32°02'18" W, a distance of 109.13 feet populations and create a safe, West 73rd Street and West 74th Street to a point of tangency; healthy, and humane community; and as described; and Course No. 11: Thence S 00°33'18" Whereas, this working committee Whereas, this resolution consti- W, along the easterly line of said will study TNR and RTF Community tutes an emergency measure provid- West 73rd Street, a distance of 277.22 Cat ordinances and programs in other ing for the usual daily operation of a feet to a point; cities, examine the City’s current ordi- municipal department; now, there- Course No. 12: Thence N 89°26'42" nances, and possibly repeal portions fore, W, a distance of 50.00 feet to the prin- that require the City to impound cats; Be it resolved by the Council of cipal point of beginning and contain- and the City of Cleveland: ing 1.4964 acres of land as described Whereas, the committee also will Section 1. That this Council by John E. Jansky, Registered Sur- study ways to educate the community declares its intent to vacate a portion veyor Number 6640 of The C.W. Court- on how to be an effective cat caretak- of the following described real prop- ney Company, in May 2014, be the er, including possible caregiver train- erty: same or less, but subjected to all legal ing; and highways. Whereas, the committee will study LEGAL DESCRIPTION OF A PART Bearings used herein are based on the feasibility of incorporating Com- OF FATHER CARUSO DRIVE, assumed meridian and are used to munity Cat services into the CDACS’s WEST 73RD STREET AND indicate angles only. operations and new facility, and WEST 74TH STREET Legal Description approved by study and propose costs to be included Situated in the City of Cleveland, Greg Esber, Section Chief, Plats, Sur- in the 2015 City budget; and County of Cuyahoga and State of veys and House Numbering Section. Whereas, the ultimate goal of the Ohio, and known as being part of Section 2. That this resolution is working committee is to reduce repro- Original Brooklyn Township Lot declared to be an emergency measure duction of free-roaming cats by Number 30 and 31 and further bound- and, provided it receives the affirma- humanely trapping, surgically steril- ed and described as follows: tive vote of two-thirds of all the mem- izing, and returning the cats to their Beginning at an iron pin monument bers elected to Council, it shall take territory as “community” cats. marking the centerline intersection effect and be in force immediately Whereas, this resolution consti- of Father Frascati Avenue (variable upon its adoption and approval by the tutes an emergency measure provid- width) and West 73rd Street (50 feet Mayor; otherwise it shall take effect ing for the usual daily operation of a wide); and be in force from and after the ear- municipal department; now, there- Thence N 00°33'18" E, along said liest period allowed by law. fore, centerline of West 73rd Street, a dis- Referred to Directors of Capital Be it resolved by the Council of tance of 76.71 feet to a point; Projects, City Planning Commission, the City of Cleveland: Thence N 89°26'42" W, a distance of Finance, Law; Committees on Munici- Section 1. That this Council estab- 25.00 feet to a point on the westerly pal Services and Properties, Develop- lishes a working committee to study line of said West 73rd Street and the ment Planning and Sustainability. the effectiveness of Trap-Neuter- principal point of beginning of the Return and Return to Field Communi- premises herein intended to be Res. No. 892-14. ty Cat city services and community described; By Council Members Brancatelli, education to decrease free-roaming Course No. 1: Thence N 00°33'18" E, Zone, Cimperman, Brady, Polensek cat populations in Cleveland’s neigh- along said westerly line of West 73rd and J. Johnson. borhoods and create a safe, healthy, Street, a distance of 313.46 feet to its An emergency resolution establish- and humane community for cats and intersection with the southerly line of ing a working committee to study the people alike. Father Caruso Drive (52 feet wide); effectiveness of Trap-Neuter-Return Section 2. That the Clerk of Council Course No. 2: Thence S 63°31'18" W, and Return to Field Community Cat is hereby directed to transmit a copy along said southerly line of Father city services and community educa- of this resolution to Sharon A. Har- Caruso Drive, a distance of 191.24 feet tion to decrease free-roaming cat pop- vey, President & CEO, Cleveland Ani- to its intersection with the easterly ulations in Cleveland’s neighbor- mal Protective League line of West 74th Street (60 feet hoods and create a safe, healthy, and Section 3. That this resolution is wide); humane community for cats and peo- hereby declared to be an emergency Course No. 3: Thence S 00°01'18" E, ple alike. measure and, provided it receives the along said easterly line of West 74th Whereas, the Cleveland Animal affirmative vote of two-thirds of all Street, a distance of 275.20 feet to its Protective League (APL) estimates the members elected to Council, it intersection with the northerly line of that there are more than 60,000 free- shall take effect and be in force imme- said Father Frascati Avenue; roaming, feral, or “community” cats in diately upon its adoption and Course No. 4: Thence S 89°58'42" W, Cleveland alone; and approval by the Mayor; otherwise it along said northerly line of Father Whereas, the APL, Cleveland Divi- shall take effect and be in force from Frascati Avenue, a distance of 60.00 sion of Animal Control Services and after the earliest period allowed feet to a point on the westerly line of (CDACS), and Cleveland City Council by law. said West 74th Street; receive countless calls from city resi- Referred to Directors of Public Course No. 5: Thence N 00°01'18" W, dents about cats in their neighbor- Safety, Finance, Law; Committees on a distance of 303.42 feet to its inter- hoods; and Safety, Finance. section with the northerly line of said Whereas, currently, a partnership Father Caruso Drive; between the APL and the City of FIRST READING EMERGENCY Course No. 6: Thence N 63°31'18" E, Cleveland allows caretakers to trap ORDINANCES READ IN FULL along said northerly line of Father free-roaming cats, transport them to AND PASSED Caruso Drive, a distance of 637.13 feet the APL where they are spayed and to its intersection with the northerly neutered at a subsidized cost, and Ord. No. 854-14. prolongation of the westerly line of return cats to their territory and pro- By Council Members Cimperman West 70th Street (60 feet wide); vide ongoing care; and and Kelley (by departmental Course No. 7: Thence S 00°11'33" W, Whereas, since the inception of this request). along said northerly prolongation of trap-neuter-return (TNR) program, An emergency ordinance to amend the westerly line of West 70th Street, approximately 5000 free-roaming cats Section 141.38 of the Codified Ordi- a distance of 67.15 feet to its intersec- are served a year, with approximately nances of Cleveland, Ohio, 1976, as tion with the southerly line of said 50% coming from the city of Cleve- enacted by Ordinance No. 164-13, Father Caruso Drive; land, and the number of complaints passed March 4, 2013, relating to con- Course No. 8: Thence N 79°45'40" W, received about stray cats has tracts with the State of Ohio to receive along said southerly line of Father decreased at the CDACS and in Cleve- reimbursement under the Medicaid 1036 July 23, 2014 The City Record 29

Administrative Claiming (MAC) Pro- and, provided it receives the affirma- the usual daily operation of a munici- gram for the Department of Public tive vote of two-thirds of all the mem- pal department; now, therefore, Health. bers elected to Council, it shall take Be it ordained by the Council of Whereas, this ordinance constitutes effect and be in force immediately the City of Cleveland: an emergency measure providing for upon its passage and approval by the Section 1. That the Director of Port the usual daily operation of a munici- Mayor; otherwise it shall take effect Control is authorized to exercise the pal department; now, therefore, and be in force from and after the ear- second option to renew Contract No. Be it ordained by the Council of liest period allowed by law. PS 2012-197 for an additional year, the City of Cleveland: Motion to suspend rules, Charter, with Michael Baker, Jr. Inc. for pro- Section 1. That Section 141.38 of the and statutory provisions and place fessional services needed for on-call on final passage. Codified Ordinances of Cleveland, design and construction support ser- The rules were suspended. Yeas Ohio, 1976, as enacted by Ordinance vices, for the Department of Port Con- 16. Nays 0. Read second time. Read No. 164-13, passed March 4, 2013, is trol. This ordinance constitutes the third time in full. Passed. Yeas 16. amended to read as follows: additional legislative authority Nays 0. required by Ordinance No. 815-12 to exercise this option. Section 141.38 Contracts with the Section 2. That this ordinance is State of Ohio to Receive Reimburse- Ord. No. 856-14. declared to be an emergency measure ment under the Medicaid Administra- By Council Members Keane and Kelley (by departmental request). and, provided it receives the affirmative Claiming (MAC) Program for the tive vote of two-thirds of all the mem- Department of Public Health An emergency ordinance authorizing the Director of Port Control to bers elected to Council, it shall take (a) The Director of Public Health is effect and be in force immediately authorized to enter into contracts exercise the second option to renew upon its passage and approval by the with the State of Ohio to receive reim- Contract No. PS 2012-197 with Michael Mayor; otherwise it shall take effect bursement of costs for services relat- Baker, Jr. Inc. to provide professional and be in force from and after the ear- ed to activities that support efforts to services needed for on-call design and liest period allowed by law. identify and enroll eligible clients construction support services, for the Motion to suspend rules, Charter, into Medicaid under the Medicaid Department of Port Control. and statutory provisions and place Administrative Claiming (MAC) Pro- Whereas, under the authority of gram. on final passage. Ordinance No. 815-12, passed June 4, The rules were suspended. Yeas (b) The Director of Public Health is 2012, the Director of Port Control authorized to accept reimbursements 16. Nays 0. Read second time. Read entered into Contract No. PS 2012-197 third time in full. Passed. Yeas 15. from the State of Ohio under the MAC with Michael Baker, Jr. Inc. for pro- Program and deposit those funds into Nays 1. fessional services needed for on-call Fund No. 10 SF 962 to be used to Those voting yea: Council Mem- finance the operation of the Depart- design and construction support ser- bers Kelley, Brady, Cimperman, ment of Public Health. vices, for the Department of Port Con- Cleveland, Conwell, Cummins, Dow, Section 2. That existing Section trol; and K. Johnson, Keane, Mitchell, 141.38 of the Codified Ordinances of Whereas, Ordinance No. 815-12 Polensek, Pruitt, Reed, Sweeney and Cleveland, Ohio, 1976, as enacted by requires further legislation before Zone. Ordinance No. 164-13, passed March 4, exercising the second option to renew Those voting nay: Council Mem- 2013, is repealed. on this contract; and ber J. Johnson. Section 3. That this ordinance is Whereas, this ordinance constitutes Absent: Council Member Bran- declared to be an emergency measure an emergency measure providing for catelli.

Ord. No. 859-14. By Council Member Kelley (by departmental request). An emergency ordinance approving the collective bargaining agreement with the Cleveland Association of Res- cue Employees (CARE), Local 1975; and to amend Section 22 of Ordinance No. 385-14, passed March 31, 2014, relating to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That under division (B) of Section 4117.10 of the Revised Code, this Council approves the collective bargaining agreement with Cleveland Association of Rescue Employees (CARE), Local 1975, under the terms contained in File No. 859-14-A, for the period from April 1, 2013 through March 31, 2016, and which provides, among other things, for an increase in the salaries and wages for members of the bargaining unit under the following schedule:

Increase Approximate Date of Increase 1% April 1, 2013 2% April 1, 2014 2% April 1, 2015

Section 2. That Section 22 of Ordinance No 385-14, passed March 31, 2014, is amended to read as follows: Section 22. Cleveland Association of Rescue Employees (CARE), Local 1975. That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Emergency Medical Dispatcher ...... $24,765.24 $43,838.44 2. Emergency Medical Dispatcher Trainee...... 10.50 10.50 3. Emergency Medical Technician ...... 26,336.35 47,821.56 4. Emergency Medical Technician Trainee ...... 10.50 10.50 5. Paramedic I...... 27,741.02 49,627.82 6. Paramedic II...... 29,239.09 50,079.38 7. Paramedic III ...... 33,570.30 51,690.81

Section 3. That existing Section 22 of Ordinance No. 385-14, passed March 31, 2014, is repealed. Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Motion to suspend rules, Charter, and statutory provisions and place on final passage. 1037 30 The City Record July 23, 2014

The rules were suspended. Yeas 16. Nays 0. Read second time. Read third time in full. Passed. Yeas 16. Nays 0.

Ord. No. 860-14. By Council Member Kelley (by departmental request). An emergency ordinance approving the collective bargaining agreement with the International Local 100, AFSCME Ohio Council 8 AFL-CIO; and to amend Section 8 of Ordinance No. 385-14, passed March 31, 2014, relating to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That under division (B) of Section 4117.10 of the Revised Code, this Council approves the collective bargaining agreement with the International Local 100, AFSCME Ohio Council 8 AFL-CIO, under the terms contained in File No. 860-14-A, for the period from April 1, 2013 through March 31, 2016, and which provides, among other things, for an increase in the salaries and wages for members of the bargaining unit under the following schedule:

Increase Approximate Date of Increase 1% April 1, 2013 2% April 1, 2014 2% April 1, 2015

Section 2. That Section 8 of Ordinance No 385-14, passed March 31, 2014, is amended to read as follows: Section 8. International Local 100, AFSCME Ohio Council 8 AFL-CIO. That salaries in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Accountant I ...... $14.39 $20.81 2. Accountant II ...... 14.88 22.84 3. Accountant III...... 15.48 25.32 4. Accountant Clerk I...... 10.00 16.87 5. Accountant Clerk II...... 10.00 18.22 6. Activities Therapist ...... 10.00 15.97 7. Airport Information Representative ...... 12.14 17.49 8. Airport Operations Agent I...... 17.13 21.61 9. Airport Operations Agent II...... 21.52 25.45 10. Airport Safety Man ...... 17.19 23.66 11. Architect ...... 10.00 31.47 12. Associate Engineer...... 17.83 29.43 13. Assistant Plan Examiner...... 16.29 24.02 14. Assistant Residential Plan Examiner ...... 13.42 24.02 15. Associate Programmer ...... 10.00 24.46 16. Bill Collector...... 12.14 17.49 17. Billing Clerk...... 10.00 16.97 18. Building Inspector ...... 14.26 23.22 19. Building Inspector I ...... 14.08 25.34 20. Building Inspector II ...... 14.89 26.77 21. Building Inspector III...... 15.70 28.21 22. Building Inspector IV ...... 26.35 29.68 23. Caseworker I ...... 13.33 18.98 24. Caseworker II ...... 14.03 20.81 25. Cashier/Starter ...... 10.00 20.82 26. Chemist ...... 18.49 27.66 27. Chief Miscellaneous Investigator...... 10.00 24.02 28. Citizens Information Representative...... 10.00 19.87 29. Claims Examiner...... 10.00 24.02 30. Clinical Laboratory Assistant ...... 10.00 19.68 31. Clinical Laboratory Technician I ...... 10.00 22.84 32. Clinical Laboratory Technician II ...... 16.86 24.46 33. Community Development Planner ...... 10.00 30.29 34. Community Health Aide...... 10.00 16.70 35. Community Relations Representative I ...... 10.00 19.87 36. Community Relations Representative II ...... 10.00 24.02 37. Community Relations Representative III...... 10.00 29.73 38. Computer Monitor Assistant ...... 10.00 14.44 39. Computer Operator...... 10.00 24.02 40. Construction Technician...... 12.02 24.02 41. Consumer Protection Specialist ...... 10.00 18.99 42. Contract and Monitoring Specialist ...... 10.00 25.42 43. Cook ...... 13.77 16.43 44. Copy Center Operator...... 10.00 19.31 45. Customer Service Representative ...... 12.15 18.21 46 Data Control Clerk...... 10.00 17.49 47. Data Conversion Operator ...... 12.02 15.85 48.Development Officer ...... 10.00 28.21 49. Disease Intervention Specialist I ...... 17.83 24.23 1038 July 23, 2014 The City Record 31

50. Disease Intervention Specialist II...... 19.81 26.81 51. Drug and Alcohol Counselor ...... 10.00 15.47 52. Elevator Inspector ...... 14.23 25.34 53. Engineer ...... 22.78 35.84 54. Environmental Compliance Specialist I ...... 14.95 23.93 55. Environmental Compliance Specialist II ...... 16.35 25.06 56. Environmental Compliance Specialist III ...... 17.90 32.25 57. Environmental Enforcement Specialist I...... 14.95 24.91 58. Environmental Enforcement Specialist II...... 16.35 26.11 59. Environmental Enforcement Specialist III ...... 17.90 27.37 60. Environmental Monitoring Specialist I ...... 13.33 24.70 61. Environmental Monitoring Specialist II ...... 14.18 25.86 62. Environmental Monitoring Specialist III...... 15.74 27.09 63. Financial Analyst ...... 10.00 22.84 64. Financial Counselor ...... 10.00 24.02 65. First Press Operator ...... 12.00 22.92 66. General Storekeeper...... 19.25 25.72 67. Geriatric Outreach Worker ...... 10.00 22.17 68. Hazardous Material Specialist ...... 21.63 33.64 69. Head Cook ...... 10.00 18.18 70. Head Storekeeper...... 17.85 23.76 71. Help Desk Analyst...... 12.02 26.09 72. Home Maintenance Aide ...... 10.00 16.37 73. House Connection Inspector ...... 15.39 19.45 74. Residential Building Inspector...... 17.69 20.94 75. Income Tax Tracer ...... 12.60 18.40 76. Information Control Analyst ...... 10.00 21.79 77. Inspector of Weight and Measures ...... 12.89 18.44 78. Instrumentation Technician I ...... 20.44 22.36 79. Instrumentation Technician II ...... 22.81 24.64 80. Instrument Repairman ...... 10.00 22.02 81. Intake Specialist ...... 10.00 16.87 82. Interim Building Inspector ...... 19.00 20.97 83. Interim Mechanical Inspector ...... 19.00 20.97 84. Interim Residential Building Inspector ...... 15.75 17.39 85. Interim Residential Plan Examiner ...... 20.25 22.36 86. Junior Cashier...... 11.14 17.49 87. Junior Clerk...... 11.97 14.57 88. Lab Coordinator...... 16.82 27.69 89. Laboratory Assistant ...... 10.00 19.87 90. Landscape Designer ...... 10.00 29.73 91. Life Guard ...... 10.00 16.65 92. Life Guard Captain ...... 10.00 20.61 93. Mechanical Inspector I ...... 14.08 25.34 94. Mechanical Inspector II ...... 14.89 26.77 95. Mechanical Inspector III...... 15.70 28.21 96. Mechanical Inspector IV ...... 27.39 29.68 97. Medical Billing Reimbursement Specialist ...... 10.42 22.06 98. Medical Coder and Billing Analyst ...... 10.17 22.73 99. Messenger...... 10.00 15.54 100. Meter Reader ...... 15.53 19.85 101. Miscellaneous Investigator...... 15.35 19.18 102. Monitoring, Auditing and Evaluation Coordinator ...... 13.65 23.19 103. Network Analyst I...... 14.52 36.35 104. On The Job Training Specialist ...... 12.71 22.40 105. Parking Attendant...... 10.00 16.87 106. Parking Meter Collector...... 10.00 16.84 107. Parking Meter Serviceman...... 16.49 17.71 108. Permit Processing Specialist ...... 10.00 14.13 109. Pharmacist...... 10.74 33.22 110. Photographer ...... 10.00 22.84 111. Photographic Laboratory Technician...... 10.00 19.87 112. Physical Director I...... 10.00 20.53 113. Physical Director II...... 10.00 22.16 114. Residential Plan Examiner...... 19.56 27.15 115. Play Director ...... 10.00 14.40 116. Pressman ...... 10.00 22.41 117. Preventive Health Counselor...... 13.59 23.23 118. Preventive Health Educator ...... 10.00 15.61 119. Principal Cashier ...... 14.66 24.46 120. Principal Clerk ...... 14.88 20.71 121. Print Shop Helper...... 12.85 15.41 122. Private Secretary ...... 10.00 21.63 123. Program Analyst ...... 16.64 31.67 124. Programmer...... 10.00 28.22 125. Programmer Analyst...... 10.00 31.67 126. Property Clerk ...... 11.37 35.06 1039 32 The City Record July 23, 2014

127. Psychiatric Social Worker...... 12.48 22.77 128. Public Health Nursing Aide ...... 10.63 14.69 129. Public Health Sanitarian I ...... 15.48 21.89 130. Public Health Sanitarian II...... 17.38 24.07 131. Public Health Sanitarian III...... 15.49 25.27 132. Public Health Sanitarian IV ...... 18.77 31.36 133. Public Information Officer ...... 10.00 24.02 134. Quality Assurance Analyst ...... 10.00 28.21 135. Quality Control Coordinator ...... 16.82 27.70 136. Radio Dispatcher...... 17.33 21.63 137. Radio Technician ...... 19.85 21.63 138. Receptionist...... 10.00 16.38 139. Recreation Aide ...... 10.00 11.60 140. Recreation Instructor ...... 10.00 16.87 141. Recreation Instructor I...... 10.00 17.98 142. Recreation Instructor II...... 10.00 14.76 143. Recreation Instructor III ...... 10.00 19.74 144. Redevelopment Advisor ...... 10.00 25.33 145. Redevelopment Coordinator ...... 10.00 28.22 146. Registered Animal Health Technician ...... 10.00 16.87 147. Rehabilitation Inspector...... 17.69 28.19 148. Second Press Operator ...... 10.00 20.50 149. Secretary...... 10.00 18.04 150. Secretary to Director of Consumer Affairs ...... 10.00 29.73 151. Senior Assistant City Planner ...... 10.00 25.33 152. Senior Assistant Designer ...... 10.00 25.33 153. Senior Assistant Mechanical Engineer...... 10.00 25.33 154. Senior Cashier ...... 12.57 20.81 155. Senior Chemist ...... 17.61 24.02 156. Senior Clerk ...... 12.47 17.08 157. Senior Computer Operator ...... 10.00 28.22 158. Senior Contract and Monitoring Specialist ...... 11.34 29.91 159. Senior Data Conversion Operator ...... 13.47 18.99 160. Senior Development Officer ...... 12.63 37.02 161. Senior Draftsman ...... 11.69 20.42 162. Senior Laboratory Technician...... 10.86 18.58 163. Senior Landscape Architect ...... 10.00 31.46 164. Sewer Service Man ...... 18.16 19.85 165. Site Inspector...... 10.00 24.02 166. Social Worker for Homeless ...... 13.82 23.63 167. Starter (Golf) ...... 10.00 13.96 168. Stenographer III ...... 10.00 18.99 169. Stock Clerk...... 13.11 18.78 170. Storekeeper ...... 16.66 21.39 171. Surveyor...... 10.00 28.22 172. Tax Auditor I...... 14.39 19.31 173. Tax Auditor II...... 15.48 21.36 174. Technical Specialist ...... 10.00 24.02 175. Technical Specifications Writer ...... 10.00 25.34 176. Telecommunications Analyst I ...... 14.53 43.73 177. Telephone Operator ...... 10.00 16.97 178. Telephone Supervisor ...... 10.00 18.22 179. Traffic Sign and Marking Technician ...... 16.57 18.22 180. Trainee Building Inspector...... 18.60 20.94 181. Trainee Residential Plan Examiner ...... 18.25 21.77 182. Typist ...... 12.02 15.85 183. Water Hydraulic Repairman ...... 18.16 19.85 184. Water Meter Repairman ...... 16.18 19.85 185. Water Pipe Repairman...... 16.44 21.25 186. Water Serviceman...... 10.00 16.96 187. Water System Construction Inspector ...... 18.97 24.81 188. Web Content Editor ...... 10.00 30.67

Section 3. That existing Section 8 of Ordinance No. 385-14, passed March 31, 2014, is repealed. Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Motion to suspend rules, Charter, and statutory provisions and place on final passage. The rules were suspended. Yeas 16. Nays 0. Read second time. Read third time in full. Passed. Yeas 16. Nays 0. 1040 July 23, 2014 The City Record 33

Ord. No. 862-14. agreements may be for terms of any the usual daily operation of a munici- By Council Members J. Johnson and number of weeks starting on or after pal department; now, therefore, Conwell. September 1, 2014 and ending on or Be it ordained by the Council of An emergency ordinance authoriz- before September 30, 2015. The indi- the City of Cleveland: ing and directing the Director of viduals shall be paid on an hourly Section 1. That, notwithstanding Office of Capital Projects to issue a basis in an amount up to and not to and as an exception to the Codified permit to the Glenville Festival Com- exceed $15.00 per hour and shall be Ordinances of the City of Cleveland, mittee to stretch banners on East certified from fund number 01, sub- 1976, the name Elder Paul Carrington 105rd Street and Ostend Avenue; East fund 001, department 0101, object 6320. Way shall be added as a secondary 88th Street and St. Clair Avenue; and Section 2. That this ordinance is and honorary name to Fuller Avenue East 103rd Street and St. Clair hereby declared to be an emergency between East 89th Street and East Avenue; for the period from July 17, measure and, provided it receives the 93rd Street. 2014 to August 16, 2014, inclusive, cel- affirmative vote of two-thirds of all Section 2. That this ordinance is ebrating the annual Glenville Her- the members elected to Council, it hereby declared to be an emergency itage Festival. shall take effect and be in force imme- measure and, provided it receives the Whereas, this ordinance constitutes diately upon its passage and approval affirmative vote of two-thirds of all an emergency measure providing for by the Mayor; otherwise it shall take the members elected to Council, it the usual daily operation of a munici- effect and be in force from and after shall take effect and be in force imme- pal department; now, therefore, the earliest period allowed by law. diately upon its passage and approval Be it ordained by the Council of Motion to suspend rules, Charter, by the Mayor; otherwise it shall take the City of Cleveland: and statutory provisions and place effect and be in force from and after Section 1. That notwithstanding the on final passage. the earliest period allowed by law. provision of Section 623.13 of the Cod- The rules were suspended. Yeas Motion to suspend rules, Charter, ified Ordinances, of Cleveland, Ohio, 16. Nays 0. Read second time. Read and statutory provisions and place 1976, the Director of the Office of Cap- third time in full. Passed. Yeas 16. on final passage. ital Projects is hereby authorized and Nays 0. The rules were suspended. Yeas directed to issue a permit to the 16. Nays 0. Read second time. Read Glenville Festival Committee to Ord. No. 864-14. third time in full. Passed. Yeas 16. install, maintain and remove banners By Council Members Reed and Nays 0. on, East 105th Street and Ostend Mitchell. Avenue; East 88th Street and St. Clair An emergency ordinance authoriz- Ord. No. 866-14. Avenue; and East 103rd Street and St. ing the Director of the Department of By Council Members J. Johnson and Clair Avenue; inclusive. Said banner Community Development to enter into Polensek. shall be approved by the Office of agreement with Fairfax Renaissance An emergency ordinance to desig- Capital Projects, in consultation with Development Corporation for the nate the track at Collinwood Athletic the Director of Public Safety, as to Neighborhood Technology Center Complex as the “Louis Slapnik type, method of affixing and location Program through the use of Wards 2 Track”. so as not to interfere with any sign and 6 Casino Revenue Funds. Whereas, for more than 26 years, erected and maintained under the Whereas, this ordinance constitutes Louis Slapnik was the girls track requirements of law or ordinance. an emergency measure providing for coach at Collinwood High School, The permission of the owner of any the usual daily operation of a munici- leading his teams to nine Girls State pole from which a banner will be pal department; now, therefore, Track Championships; and hung must be obtained prior to Be it ordained by the Council of Whereas, Louis Slapnik is the only issuance of the permit. No commercial the City of Cleveland: Division I coach in the State of Ohio to advertising shall be printed or per- Section 1. That the Director of the win five straight team championships mitted on said banner and said ban- Department of Community Develop- and he has earned a place as a coach ner shall be removed promptly upon ment is authorized to enter into an in the Ohio High School Athletic Asso- the expiration of said permit. agreement with Fairfax Renaissance ciation Hall of Fame; and Section 2. That this ordinance is Development Corporation for the Whereas, Mr. Slapnik has been a hereby declared to be an emergency Neighborhood Technology Center true leader in the Collinwood commu- measure and, provided it receives the Program for the public purpose of pro- nity as teacher, coach and mentor to affirmative vote of two-thirds of all viding computer training to the resi- so many; and the members elected to Council, it dents of Cleveland through the use of Whereas, this ordinance constitutes shall take effect and be in force imme- Wards 2 and 6 Casino Revenue Funds. an emergency measure providing for diately upon its passage and approval Section 2. That the cost of said con- the usual daily operation of a munici- by the Mayor; otherwise, it shall take tract shall be in an amount not to pal department; now, therefore, effect and be in force from and after exceed $43,000 and shall be paid from Be it ordained by the Council of the earliest period allowed by law. Fund No. 10 SF 188. the City of Cleveland: Motion to suspend rules, Charter, Section 3. That the Director of Law Section 1. That the track at and statutory provisions and place shall prepare and approve said con- Collinwood Athletic Complex be and on final passage. tract and that the contract shall con- is hereafter designated as the “Louis The rules were suspended. Yeas tain such terms and provisions as he Slapnik Track”. 16. Nays 0. Read second time. Read deems necessary to protect the City’s Section 2. That this ordinance is third time in full. Passed. Yeas 16. interest. hereby declared to be an emergency Nays 0. Section 4. That this ordinance is measure and, provided it receives the hereby declared to be an emergency affirmative vote of two-thirds of all Ord. No. 863-14. measure and, provided it receives the the members elected to Council, it By Council Member Kelley. affirmative vote of two-thirds of all shall take effect and be in force imme- An emergency ordinance authoriz- the members elected to Council, it diately upon its passage and approval ing the Clerk of Council to enter into shall take effect and be in force imme- by the Mayor; otherwise it shall take one or more internship agreements diately upon its passage and approval effect and be in force from and after with various individuals to provide by the Mayor; otherwise it shall take the earliest period allowed by law. assistance to the Office of the Clerk effect and be in force from and after Motion to suspend rules, Charter, and the members of Cleveland City the earliest period allowed by law. and statutory provisions and place Council in any and all matters related Motion to suspend rules, Charter, on final passage. to official Council business. and statutory provisions and place The rules were suspended. Yeas Whereas, this ordinance constitutes on final passage. 16. Nays 0. Read second time. Read an emergency measure providing for The rules were suspended. Yeas third time in full. Passed. Yeas 16. the usual daily operation of a munici- 16. Nays 0. Read second time. Read Nays 0. pal department; now, therefore, third time in full. Passed. Yeas 16. Be it ordained by the Council of Nays 0. Ord. No. 867-14. the City of Cleveland: By Council Member Polensek. Section 1. That the Clerk of Council Ord. No. 865-14. An emergency ordinance authoriz- is authorized to enter into one or more By Council Member Mitchell. ing the Director of the City Planning internship agreements with various An emergency ordinance to add the Commission to enter into agreement individuals to provide assistance to name Elder Paul Carrington Way as a with the Northeast Shores Develop- the Office of the Clerk and the mem- secondary and honorary name to ment Corporation for the East 185th bers of Cleveland City Council in any Fuller Avenue between East 89th Street Planning Study through the and all matters related to official Street and East 93rd Street. use of Ward 8 Casino Revenue Funds. Council business, as may be directed Whereas, this ordinance constitutes Whereas, this ordinance constitutes by the Clerk or her designees. The an emergency measure providing for an emergency measure providing for 1041 34 The City Record July 23, 2014 the usual daily operation of a munici- Host Committee to bring the Conven- or display of banners and other sig- pal department; now, therefore, tion to Cleveland through the unani- nage related to the Convention on Be it ordained by the Council of mous adoption of Resolution No. 281- City rights-of-way and City-owned the City of Cleveland: 14, adopted on February 24, 2014; and property and to expedite the review Section 1. That the Director of the Whereas, the Convention provides and permit approval process for a Planning Commission is hereby an opportunity for Cleveland to estab- comprehensive general signage plan authorized to enter into an agreement lish partnerships and regional collab- for the temporary display of signage with the Northeast Shores Develop- oration benefiting our City and the in support of the Convention within ment Corporation for the East 185th region into the future, and will gener- the Central Business District and the Street Planning Study for the public ate millions of dollars of economic major routes into the City, in accor- purpose developing a comprehensive impact for the City and the surround- dance with a plan proposed by the plan to reconstruct existing ing region; and Host Committee and approved by the streetscape and to develop a land use Whereas, this ordinance constitutes Director of Capital Projects; plan for the East 185th Street corridor an emergency measure providing for (g) That the City will coordinate area in the city of Cleveland through the usual daily operation of a munici- with the Host Committee the making the use of Ward 8 Casino Revenue pal department and constitutes an of any public improvements likely to Funds. emergency measure providing for the impact the Convention and further Section 2. That the cost of said con- immediate preservation of the public agrees to negotiate completion guar- tract shall be in an amount not to peace, property, health and safety in antees on City construction projects exceed $10,000 and shall be paid from that the timely authorization and to insure completion prior to the start Fund No. 10 SF 188. signing of the necessary agreements of the Convention; Section 3. That the Director of Law and commitments to support the Con- (h) That, in support of the econom- shall prepare and approve said convention are required to accomplish ic development and promotion oppor- tract and that the contract shall con- the City’s goal of bringing the 2016 tunities for Cleveland associated with tain such terms and provisions as he Republican National Convention to the Convention, the City agrees to deems necessary to protect the City’s Cleveland; now, therefore, contribute an amount not to exceed interest. Be it ordained by the Council of $2,500,000 to the Host Committee at Section 4. That this ordinance is the City of Cleveland: such time and on such terms as are hereby declared to be an emergency Section 1. That, notwithstanding acceptable to the Director of Econom- measure and, provided it receives the any Code provision or ordinance to ic Development; affirmative vote of two-thirds of all the contrary, the Mayor is authorized (i) That the Host Committee agrees to enter into one or more agreements the members elected to Council, it to secure all necessary permits and with the Host Committee to hold the shall take effect and be in force imme- consents and pay the City’s standard Convention in Cleveland, which shall diately upon its passage and approval permitting fees as required for the include the following provisions: by the Mayor; otherwise it shall take Convention and related activities; (a) That City-owned facilities, effect and be in force from and after (j) That the Host Committee agrees including Public Hall, the public the earliest period allowed by law. to reimburse the City for reasonable, areas of City Hall, Browns Stadium, Motion to suspend rules, Charter, anticipated costs unrelated to the pro- Voinovich Park, Malls A, B & C, the and statutory provisions and place City-owned lakefront parking lots, vision of the City’s standard munici- on final passage. Public Square, and the North Coast pal services and not covered by The rules were suspended. Yeas Marina, may be made available to the grants, gifts or other sources of funds 16. Nays 0. Read second time. Read Host Committee as needed as a venue accepted under this ordinance; and third time in full. Passed. Yeas 16. for Convention-related activities, as (k) That the City will work in part- Nays 0. an in-kind contribution on terms nership with the Host Committee in acceptable to the Director of Public all of its activities related to the Con- Ord. No. 880-14. Works or such other director having vention, including the regulation of By Mayor Jackson and Council management responsibility for the Convention related services to insure Member Kelley. facility; consistency in treatment and cost. An emergency ordinance authoriz- (b) That the Gateway East Park- Section 2. That, notwithstanding ing the Mayor to enter into agreement ing Garage may be temporarily any Code provision or ordinance to with the Cleveland 2016 Host Commit- closed and converted to a media work the contrary, the Director of Public tee, Inc. to hold the 2016 Republican space at the cost of the Host Commit- Safety is authorized to develop and National Convention in Cleveland and tee and Willard Park Garage may be implement a Convention security and authorizing various directors to made available for the parking of traffic control plan in consultation accept grants and gifts, issue permits, vehicles as part of the Convention, with federal, state and other local law enter into contract, and perform vari- including a payment to the City in the enforcement agencies and consistent ous tasks necessary to support the projected amount of lost parking rev- with national security requirements, Convention in Cleveland in 2016. enue during the period that the including the designation of one or Whereas, the City of Cleveland garage is closed or a fee for the park- more security zones related to the (“City”) has been selected to hold the ing of vehicles as determined by the Convention and development and 2016 Republican National Convention Director of Finance based on past implementation of a traffic plan that (the “Convention”); and parking revenue figures and the involves the closing of streets and Whereas, the Convention will requirements of the City’s parking rerouting of traffic to accommodate attract thousands of delegates, visi- facilities bonds; the increased traffic, buses and vehi- tors and news media to the City and (c) That the City will expedite the cles related to the convention. The showcase the City on a national and review and approval process for all Director is further authorized to enter world stage; and licenses, permits, approvals, reviews, into agreements with federal, state Whereas, the Cleveland 2016 Host variances and inspections required by and other local law enforcement Committee, Inc. (the “Host Commit- the laws of the City as needed for the agencies as needed to implement the tee”) desires to secure and the City Convention and related activities; plan. desires to provide certain facilities (d) That the City will provide all Section 3. That the Director of Pub- and services and to undertake certain security, traffic control and related lic Safety is authorized to apply for obligations related to conducting the protective services as required by the and accept a National Special Securi- Convention in Cleveland; and Convention security and traffic con- ty Events (NSSE) grant or grants and Whereas, the City recognizes the trol plan authorized by Section 2 of grants from other federal, state and compelling need for security and this ordinance and as determined by local granting agencies for the pur- other essential City services during the Director of Public Safety; pose of developing and implementing the Convention to provide a safe, (e) That the City will coordinate the security and traffic control plan secure, clean and positive environ- with the Host Committee on the for the Convention. The Director is ment for those attending the conven- implementation of a comprehensive further authorized to file all papers tion and other visitors to Cleveland technology and telecommunications and execute all documents necessary during the event; and services plan for the Convention and to receive the funds accepted under Whereas, the City supports and provide access as determined appro- this ordinance, and upon acceptance endorses the efforts of the Host Com- priate by the Directors of Public Safe- of the funds by the Director, they mittee, its partners and regional offi- ty and Finance, as applicable to the shall be appropriated for the purposes cials to promote the local economy, duties of their respective depart- set forth in grant agreement. encourage commerce and economic ments; Section 4. That the Directors of Pub- development and promote the positive (f) That, notwithstanding any Code lic Works, Public Safety, Capital Pro- achievements in our community; and provision or ordinance to the con- jects, and Finance, as applicable to Whereas, this Council supported trary, the City may issue the neces- the duties of their respective depart- the efforts of Mayor Jackson and the sary permits required for the hanging ments, are authorized to employ by 1042 July 23, 2014 The City Record 35 contract or contracts one or more con- Directors of Public Works, Public appropriated for the purposes set sultants or other professionals or one Safety, and Capital Projects, as forth in this ordinance. or more firms of consultants or other applicable to the duties of their Section 14. That the Directors of professionals, including insurance respective departments, may sign all Public Works, Public Safety, and Cap- consultants, necessary for the pur- documents that are necessary to ital Projects, as applicable to the pose of supplementing the regularly make the purchases, and may enter duties of their respective depart- employed staff of the several depart- into one or more contracts with the ments, are authorized to apply and ments of the City of Cleveland in vendors selected through that cooper- pay for permits, licenses, or other order to provide professional services ative process. authorizations required by any regu- necessary to prepare for and hold the Section 10. That the Directors of latory agency or public authority to Convention. The selection of the pro- Public Works, Public Safety, and Cap- permit performance of the work fessional consultants shall be made ital Projects, as applicable to the authorized by this ordinance and as by the Board of Control on the nomi- duties of their respective depart- needed to accommodate the Conven- nation of the appropriate director. ments, are authorized to apply and tion. Section 5. That, under Section 167 of pay for permits, licenses, or other Section 15. That, notwithstanding the Charter of the City of Cleveland, authorizations and fees required by any Code provisions or ordinances to this Council determines to make the any regulating entity or other public the contrary, the Director of Port Con- public improvement of constructing authority to implement this ordi- trol is authorized to enter into one or improvements in the rights-of-ways nance, including those relating to more agreements with the Host Com- and on public property in the City nec- construction of any improvements. mittee for the use of airport and lake- essary to prepare for and hold the Section 11. That, notwithstanding front property under the Director’s Convention, for the Departments of any Code provision or ordinance to management, including the Burke Public Works, Public Safety and Cap- the contrary, the Public Works, Pub- Lakefront Airport parking areas, as ital Projects, by one or more contracts lic Safety, and Capital Projects, as needed for Convention related activi- duly let to the lowest responsible bid- applicable to the duties of their ties on terms acceptable to the Direc- der or bidders after competitive bid- respective departments, are autho- tor. ding on a unit basis for the improve- rized to issue public gathering per- Section 16. That the Director of Pub- ment. mits, demonstration permits, tempo- lic Utilities is authorized to enter into Section 6. That the Directors of Pub- rary use permits, parade permits, and one or more agreements with the Host lic Works, Public Safety, and Capital business access and operations per- Committee to provide utility services Projects, as applicable to the duties of mits during the a period starting one to the Convention and related activi- their respective departments, are month before the first day of the Con- ties in accordance with the standard authorized to enter into one or more vention until one week after the com- terms and conditions of the City’s util- contracts for the making of the public pletion of the Convention, subject to ities. improvements authorized by Section 5 reasonable time, place, and manner Section 17. That the Directors of of this ordinance with the lowest regulations promulgated by the Public Works, Public Safety, and Cap- responsible bidder or bidders after appropriate director and approved by ital Projects, as applicable to the competitive bidding on a unit basis the Board of Control, to use the rights- duties of their respective depart- for the improvement, provided, how- of-way and public property, to allow ments, are authorized to enter into ever, that each separate trade and appropriate access and operation of one or more contracts with the federal each distinct component part of the affected businesses and/or to protect government, the State of Ohio, the improvement may be treated as a sep- public safety, persons, property, and Greater Cleveland Regional Transit arate improvement, and each, or any to accommodate the interests of per- Authority, Cuyahoga County, the combination, of the trades or compo- sons participating in the gathering Gateway Development Corporation, nents may be the subject of a separate and persons not participating in the the Cleveland-Cuyahoga County Port contract on a unit basis. gathering, all in accordance with the Authority, Cavaliers Operating Com- Section 7. That the Directors of security plan promulgated under Sec- pany, LLC, Cleveland Indians Base- Public Works, Public Safety, Capital tion 3 of this ordinance. The permits ball Company Limited Partnership, Projects, and Finance, as applicable issued under this section may exclude and any other entity involved in the to the duties of their respective public assemblies in certain areas Convention process as needed to departments, are authorized to make one or more written standard con- defined in the regulations and as effectuate the purposes of this ordi- tracts and written requirement con- required in the Convention security nance. tracts under the Charter and the and traffic control plan and prohibit Section 18. That all agreements Codified Ordinances of Cleveland, materials and objects defined in the authorized by this ordinance shall be Ohio, 1976, the period of require- regulations in certain areas as approved by the Director of Law and ments to be determined by the defined in the regulations. contain such terms and conditions as appropriate director, for the pur- Section 12. That, notwithstanding necessary to protect the public inter- chase or rental of the necessary any Code provisions or ordinances to est consistent with the purposes of items of materials, equipment, sup- the contrary, the various City direc- this ordinance. plies, and services, including insur- tors are authorized to develop and Section 19. That the cost of any ance policies, necessary to prepare implement policies and practices for expenditure incurred under this ordi- for and host the Convention, to be consolidating applications for and nance, including all contracts, shall purchased or procured by the Com- expediting review and issuance of be paid from Fund No.10 SF 963, from missioner of Purchases and Supplies City licenses, permits, approvals, the fund or funds to which are credit- on a unit basis for the appropriate reviews and inspections as required ed any grant funds or gifts received department. Bids shall be taken in by the laws of the City as need for the a manner that permits an award to under this ordinance, from the fund or be made for all items as a single Convention and related activities and funds to which are credited the pro- contract, or by separate contract for to issue a comprehensive convention ceeds of any existing or future bond each or any combination of the permit that incorporates various City issue that includes these purposes, items as the Board of Control deter- permits for the Convention, including and from any other funds that are mines. review and approval of a comprehen- appropriated for this purpose as Section 8. That the costs of any sive signage plan in the Central Busi- determined by the Director of requirement contract authorized by ness District and the major routes Finance. Section 7 of this ordinance shall be into the City as proposed by the Host Section 20. That this ordinance is charged against the proper appropria- Committee, in a form acceptable to declared to be an emergency measure tion accounts and the Director of the Director of Law. and, provided it receives the affirma- Finance shall certify the amount of Section 13. That the Directors of tive vote of two-thirds of all the mem- the initial purchase or procurement, Public Works, Public Safety, Capital bers elected to Council, it shall take which purchase or procurement, Projects, and Finance as applicable to effect and be in force immediately together with all later purchases or the duties of their respective depart- upon its passage and approval by the procurements, shall be made on order ments, are authorized to apply for and Mayor; otherwise it shall take effect of the Commissioner of Purchases accept any gifts or grants from public and be in force from and after the ear- and Supplies under a requisition or private entities for the purpose of liest period allowed by law. against the contract or contracts cer- effectuating this ordinance. The Motion to suspend rules, Charter, tified by the Director of Finance. appropriate director is further autho- and statutory provisions and place Section 9. That under Section 108(b) rized to file all papers and execute all on final passage. of the Charter, any purchases autho- documents necessary to receive the The rules were suspended. Yeas rized by this ordinance may be made funds accepted under this ordinance, 16. Nays 0. Read second time. Read through cooperative agreements with and upon acceptance of the funds by third time in full. Passed. Yeas 16. other governmental agencies. The the appropriate director, they shall be Nays 0. 1043 36 The City Record July 23, 2014

Ord. No. 882-14. Section 2. That the amendment and Whereas, the applicant is unfit to By Council Member Reed. all related documents will be pre- continue to engage in the liquor per- An emergency ordinance authoriz- pared by the Director of Law. mit business in that he has operated ing the Director of the Department of Section 3. That this ordinance is his liquor permit business in a man- Public Health to enter into an agree- declared to be an emergency measure ner that demonstrates a disregard for ment with Case Western Reserve Uni- and, provided it receives the affirma- the laws, regulations or local ordi- versity School of Medicine for the tive vote of two-thirds of all the mem- nances of the state, and that this Lung Cancer Screening and Preven- bers elected to Council, it shall take objection is based on other legal tion Program through the use of effect and be in force immediately grounds as set forth in Revised Code Ward 2 Neighborhood Capital Funds. upon its passage and approval by the Section 4303.292; and Whereas, this ordinance constitutes Mayor; otherwise it shall take effect Whereas, this resolution consti- an emergency measure providing for and be in force from and after the ear- tutes an emergency measure provid- the usual daily operation of a munici- liest period allowed by law. ing for the immediate preservation of pal department; now, therefore, Motion to suspend rules, Charter, the public peace, prosperity, safety Be it ordained by the Council of and statutory provisions and place and welfare pursuant to Section the City of Cleveland: on final passage. 4303.271 of the Ohio Revised Code, Section 1. That the Director of the The rules were suspended. Yeas objections to renewal of liquor per- Department of Public Health is autho- 16. Nays 0. Read second time. Read mits shall be made no later than thir- rized to enter into an agreement with third time in full. Passed. Yeas 16. ty days prior to the expiration date of the Case Western Reserve University Nays 0. the permit; now, therefore, School of Medicine for the Lung Can- Be it resolved by the Council of cer Screening and Prevention Pro- Ord. No. 894-14. the City of Cleveland: gram for the public purpose of provid- By Council Member Reed. Section 1. That Council does hereby ing health screenings for the preven- An emergency ordinance authoriz- record its objection to the renewal of tion of lung cancer for city of Cleve- ing the Director of the Department of a C2 and C2X Liquor Permit, Permit land residents through the use of Community Development to enter into No. 6549205 owned by 123 Food Mart, Ward 2 Neighborhood Capital Funds. an agreement with Coach Sam’s Inner Inc., DBA USA Food Mart, 1163 East Section 2. That the cost of said con- Circle Foundation for the Aiming 123rd Street, Cleveland, Ohio 44108, tract shall be in an amount not to Higher After-school Program through and requests the Superintendent of exceed $10,000 and shall be paid from the use of Ward 2 Casino Revenue the Division of Liquor Control to set a Fund No. 10 SF 177. Funds. hearing for said application in accor- Section 3. That the Director of Law Whereas, this ordinance constitutes dance with provisions of Section shall prepare and approve said con- an emergency measure providing for 4303.271 of the Revised Code of Ohio. tract and that the contract shall con- the usual daily operation of a munici- Section 2. That the Clerk of Council tain such terms and provisions as he pal department; now, therefore, be and she is hereby directed to trans- deems necessary to protect the City’s Be it ordained by the Council of mit two certified copies of this resolu- interest. the City of Cleveland: tion, together with two copies of a let- Section 4. That this ordinance is Section 1. That the Director of the ter of objection and two copies of a hereby declared to be an emergency Department of Community Develop- letter requesting that the hearing be measure and, provided it receives the ment is authorized to enter into agree- held in Cleveland, Cuyahoga County, affirmative vote of two-thirds of all ment with Coach Sam’s Inner Circle and a statement by the Director of the members elected to Council, it Foundation for the Aiming Higher Law that, in the Director’s opinion, shall take effect and be in force imme- After-school Program for the public that the objection is based upon sub- diately upon its passage and approval purpose of providing after-school edu- stantial legal grounds within the by the Mayor; otherwise it shall take cation and health fitness activities meaning and intent of division (A) of effect and be in force from and after for at-risk youth residing in the city Section 4303.292 of the Revised Code the earliest period allowed by law. of Cleveland through the use of Ward to the Superintendent of the Division Motion to suspend rules, Charter, 2 casino revenue funds. of Liquor Control. and statutory provisions and place Section 2. That the cost of said con- Section 3. That this resolution is tract shall be in an amount not to on final passage. hereby declared to be an emergency exceed $20,000 and shall be paid from The rules were suspended. Yeas measure and, provided it receives the 16. Nays 0. Read second time. Read Fund No. 10 SF 188. Section 3. That the Director of Law affirmative vote of two-thirds of all third time in full. Passed. Yeas 16. the members elected to Council, it Nays 0. shall prepare and approve said contract and that the contract shall con- shall take effect and be in force imme- tain such terms and provisions as he diately upon its adoption and Ord. No. 893-14. approval by the Mayor; otherwise, it By Council Members Brancatelli deems necessary to protect the City’s interest. shall take effect and be in force from and Kelley (by departmental and after the earliest period allowed request). Section 4. That this ordinance is hereby declared to be an emergency by law. An emergency ordinance authoriz- Motion to suspend rules, Charter, ing the Director of Economic Devel- measure and, provided it receives the and statutory provisions and place opment to enter into an amendment to affirmative vote of two-thirds of all on final adoption. Contract No. CT 9501 – LA 2011-66 with the members elected to Council, it West 25th Street Lofts, LLC, or its shall take effect and be in force imme- The rules were suspended. Yeas designee, to change certain repay- diately upon its passage and approval 16. Nays 0. Read second time. Read ment terms of the loan. by the Mayor; otherwise it shall take third time in full. Adopted. Yeas Whereas, under Ordinance No. 940- effect and be in force from and after 16. Nays 0. the earliest period allowed by law. 11, passed July 20, 2011, this Council authorized the Director of Economic Motion to suspend rules, Charter, Res. No. 868-14. Development to enter into Contract and statutory provisions and place By Council Member Brancatelli. No. CT 9501 – LA 2011-66 with West on final passage. An emergency resolution objecting 25th Street Lofts, LLC, or its designee The rules were suspended. Yeas to the transfer of ownership of a C1 (“West 25th Street Lofts”), to provide 16. Nays 0. Read second time. Read and C2 Liquor Permit to 7910 Harvard economic development assistance to third time in full. Passed. Yeas 16. Avenue. partially finance the soft costs and Nays 0. Whereas, Council has been notified the acquisition of real property locat- by the Division of Liquor Control of ed at 1480 and 1526 West 25th Street; FIRST READING EMERGENCY an application for the transfer of own- and RESOLUTIONS READ IN FULL ership of a C1 and C2 Liquor Permit Whereas, the City and West 25th AND ADOPTED from Reham Food Mart, Inc., DBA Street Lofts wish to change certain Clark Oil, 7910 Harvard Avenue, repayment terms of the loan; and Res. No. 861-14. Cleveland, Ohio 44105, Permanent Whereas, this ordinance constitutes By Council Member Conwell. Number 7274254 to AAAR Gas, Inc., an emergency measure providing for An emergency resolution objecting 7910 Harvard Avenue, Cleveland, the usual daily operation of a munici- to the renewal of a C2 and C2X Liquor Ohio 44105, Permanent Number pal department; now, therefore, Permit at 1163 East 123rd Street. 0000415; and Be it ordained by the Council of Whereas, the uniform date for Whereas, the granting of this appli- the City of Cleveland: renewal of liquor permits in the State cation for a liquor permit to this high Section 1. That the Director of Eco- of Ohio is October 1st; and crime area, which is already saturat- nomic Development is authorized to Whereas, pursuant to Section ed with other liquor outlets, is con- enter into an amendment to Contract 4303.271 of the Revised Code, the leg- trary to the best interests of the entire No. CT 9501 – LA 2011-66 and any col- islative authority of a municipal cor- community; and lateral documents with West 25th poration may object to the renewal of Whereas, the applicant does not Street Lofts to change certain repay- a permit based upon legal grounds as qualify to be a permit holder and/or ment terms of the loan, which are set forth in division (A) of Revised has demonstrated that he has operat- identified in File No. 893-14-A. Code Section 4303.292; and ed his liquor business in disregard of 1044 July 23, 2014 The City Record 37 the laws, regulations or local ordi- permit and consents to said permit; Res. No. 871-14. nances of this state or any other state; and By Council Member Polensek. and Whereas, this resolution consti- An emergency resolution objecting Whereas, the place for which the tutes an emergency measure provid- to a New C1 Liquor Permit at 17214 permit is sought has not conformed to ing for the usual daily operation of a Grovewood Avenue. the building, safety or health require- municipal department; now, there- Whereas, Council has been notified ments of the governing body of this fore, by the Division of Liquor Control of County or City; and Be it resolved by the Council of an application for a New C1 Liquor Whereas, the place for which the the City of Cleveland: Permit at Wright on Time Take Out, permit is sought is so arranged or con- Section 1. That objection to the LLC, DBA Wright On Time Take Out, structed that law enforcement offi- renewal of a D5 Liquor Permit to 17214 Grovewood Avenue, Cleveland, cers or agents of the Division of Dionne Mae Thomas, DBA Ohio 44119, Permanent Number Josephine’s Lounge, 7902-04 Central Liquor Control are prevented reason- 9789644; and able access to the establishment; and Avenue, Cleveland, Ohio 44104, Per- manent Number 8876756, be and the Whereas, the granting of this appli- Whereas, the place for which the cation for a liquor permit to this high permit is sought is so located with same is hereby withdrawn and Reso- lution No. 935-13, containing such crime area, which is already saturat- respect to the neighborhood that it ed with other liquor outlets, is con- substantially interferes with public objection, be and the same is hereby trary to the best interests of the entire decency, sobriety, peace or good repealed and that this Council con- community; and order; and sents to the immediate permit thereof. Whereas, the applicant does not Whereas, this objection is based on Section 2. That this resolution is qualify to be a permit holder and/or other legal grounds as set forth in hereby declared to be an emergency measure and provided it receives the Revised Code Section 4303.292; and has demonstrated that he has operat- affirmative vote of two-thirds of all Whereas, this resolution consti- ed his liquor business in disregard of the members elected to Council, it the laws, regulations or local ordi- tutes an emergency measure provid- shall take effect and be in force imme- ing for the immediate preservation of nances of this state or any other state; diately upon its adoption and and the public peace, prosperity, safety approval by the Mayor; otherwise, it and welfare pursuant to Section Whereas, the place for which the shall take effect and be in force from permit is sought has not conformed to 4303.26 of the Ohio Revised Code. and after the earliest period allowed the building, safety or health require- Council’s objection to said permit by law. ments of the governing body of this must be received by the Superinten- Motion to suspend rules, Charter, dent of Liquor Control within 30 days and statutory provisions and place County or City; and of notification; now, therefore, on final adoption. Whereas, the place for which the Be it resolved by the Council of The rules were suspended. Yeas permit is sought is so arranged or con- the City of Cleveland: 16. Nays 0. Read second time. Read structed that law enforcement offi- Section 1. That Council does hereby third time in full. Adopted. Yeas cers or agents of the Division of record its objection to the transfer of 16. Nays 0. Liquor Control are prevented reason- ownership of a C1 and C2 Liquor Per- able access to the establishment; and mit from Reham Food Mart, Inc., DBA Res. No. 870-14. Whereas, the place for which the Clark Oil, 7910 Harvard Avenue, By Council Member Mitchell. permit is sought is so located with Cleveland, Ohio 44105, Permanent An emergency resolution with- respect to the neighborhood that it Number 7274254 to AAAR Gas, Inc., drawing objection to the renewal of a substantially interferes with public 7910 Harvard Avenue, Cleveland, C1, C2 and D6 Liquor Permit at 3230 decency, sobriety, peace or good Ohio 44105, Permanent Number East 93rd Street and repealing Reso- order; and 0000415; and requests the Superinten- lution No. 936-13, objecting to said Whereas, this objection is based on dent of Liquor Control to set a hearing renewal. other legal grounds as set forth in Whereas, this Council objected to for said application in accordance Revised Code Section 4303.292; and with provisions of Section 4303.26 of the renewal of a C1, C2 and D6 Liquor Permit to Semaan Marketing, Inc., Whereas, this resolution consti- the Revised Code of Ohio. tutes an emergency measure provid- Section 2. That the Clerk of Council 3230 East 93rd Street, Cleveland, Ohio 44104, Permanent Number 7974550 by ing for the immediate preservation of be and she is hereby directed to trans- the public peace, prosperity, safety mit two certified copies of this resolu- Resolution No. 936-13, adopted by the Council on July 10, 2013; and and welfare pursuant to Section tion, together with two copies of a let- Whereas, this Council wishes to 4303.26 of the Ohio Revised Code. ter of objection and two copies of a withdraw its objection to the above Council’s objection to said permit letter requesting that the hearing be permit and consents to said permit; must be received by the Superinten- held in Cleveland, Cuyahoga County. and dent of Liquor Control within 30 days Section 3. That this resolution is Whereas, this resolution consti- of notification; now, therefore, hereby declared to be an emergency tutes an emergency measure provid- Be it resolved by the Council of measure and, provided it receives the ing for the usual daily operation of a the City of Cleveland: affirmative vote of two-thirds of all municipal department; now, there- the members elected to Council, it Section 1. That Council does hereby fore, record its objection to a New C1 shall take effect and be in force imme- Be it resolved by the Council of diately upon its adoption and Liquor Permit at Wright on Time the City of Cleveland: Take Out, LLC, DBA Wright On Time approval by the Mayor; otherwise, it Section 1. That objection to the Take Out, 17214 Grovewood Avenue, shall take effect and be in force from renewal of C1, C2 and D6 Liquor Per- Cleveland, Ohio 44119, Permanent and after the earliest period allowed mit to Semaan Marketing, Inc., 3230 by law. East 93rd Street, Cleveland, Ohio Number 9789644; and requests the Motion to suspend rules, Charter, 44104, Permanent Number 7974550, be Superintendent of Liquor Control to and statutory provisions and place and the same is hereby withdrawn set a hearing for said application in on final adoption. and Resolution No. 936-13, containing accordance with provisions of Section The rules were suspended. Yeas such objection, be and the same is 4303.26 of the Revised Code of Ohio. 16. Nays 0. Read second time. Read hereby repealed and that this Council Section 2. That the Clerk of Council third time in full. Adopted. Yeas consents to the immediate permit be and she is hereby directed to trans- 16. Nays 0. thereof. mit two certified copies of this resolu- Section 2. That this resolution is tion, together with two copies of a let- Res. No. 869-14. hereby declared to be an emergency ter of objection and two copies of a By Council Member Mitchell. measure and provided it receives the letter requesting that the hearing be An emergency resolution with- affirmative vote of two-thirds of all held in Cleveland, Cuyahoga County. drawing objection to the renewal of a the members elected to Council, it Section 3. That this resolution is D5 Liquor Permit at 7902-04 Central shall take effect and be in force imme- hereby declared to be an emergency Avenue and repealing Resolution No. diately upon its adoption and measure and, provided it receives the 935-13, objecting to said renewal. approval by the Mayor; otherwise, it affirmative vote of two-thirds of all Whereas, this Council objected to shall take effect and be in force from the members elected to Council, it the renewal of a D5 Liquor Permit to and after the earliest period allowed shall take effect and be in force imme- Dionne Mae Thomas, DBA by law. diately upon its adoption and Josephine’s Lounge, 7902-04 Central Motion to suspend rules, Charter, approval by the Mayor; otherwise, it Avenue, Cleveland, Ohio 44104, Per- and statutory provisions and place shall take effect and be in force from manent Number 8876756 by Resolu- on final adoption. and after the earliest period allowed tion No. 935-13, adopted by the Council The rules were suspended. Yeas by law. on July 10, 2013; and 16. Nays 0. Read second time. Read Motion to suspend rules, Charter, Whereas, this Council wishes to third time in full. Adopted. Yeas and statutory provisions and place withdraw its objection to the above 16. Nays 0. on final adoption. 1045 38 The City Record July 23, 2014

The rules were suspended. Yeas LLC, DBA Bar 216, 3232 Lakeside Section 1. That Council does hereby 16. Nays 0. Read second time. Read Avenue and basement, Cleveland, record its objection to the transfer of third time in full. Adopted. Yeas Ohio 44114, Permanent No. 2714242, be location of a D2, D2X, D3 and D6 16. Nays 0. and the same is hereby withdrawn Liquor Permit from Cuyahoga Sport- and Resolution No. 284-14, containing service, Inc., Field Level and Level Res. No. 872-14. such objection, be and the same is 100 & 300 & 500, 1085 West Third By Council Member Dow. hereby repealed and that this Council Street, Unit A, Cleveland, Ohio 44114, An emergency resolution with- consents to the immediate transfer Permanent Number 18696560010 to drawing objection to the renewal of a thereof. Plum Café, LLC, 4133 Lorain Avenue, C2 and C2X Liquor Permit at 9306 Section 2. That this resolution is Cleveland, Ohio 44113, Permanent Hough Avenue and repealing Resolu- hereby declared to be an emergency Number 6968876; and requests the tion No. 1057-13, objecting to said measure and provided it receives the Superintendent of Liquor Control to renewal. affirmative vote of two-thirds of all set a hearing for said application in Whereas, this Council objected to the members elected to Council, it accordance with provisions of Section the renewal of a C2 and C2X Liquor shall take effect and be in force imme- 4303.26 of the Revised Code of Ohio. Permit to George F. Dixon, DBA diately upon its adoption and Section 2. That the Clerk of Council Dixon’s Grocery, 9306 Hough Avenue, approval by the Mayor; otherwise, it be and she is hereby directed to trans- Cleveland, Ohio 44106, Permanent shall take effect and be in force from mit two certified copies of this resolu- Number 2211993 by Resolution No. and after the earliest period allowed tion, together with two copies of a let- 1057-13, adopted by the Council on by law. ter of objection and two copies of a August 14, 2013; and Motion to suspend rules, Charter, letter requesting that the hearing be Whereas, this Council wishes to and statutory provisions and place held in Cleveland, Cuyahoga County. withdraw its objection to the above on final adoption. Section 3. That this resolution is permit and consents to said permit; The rules were suspended. Yeas hereby declared to be an emergency and 16. Nays 0. Read second time. Read measure and, provided it receives the Whereas, this resolution consti- third time in full. Adopted. Yeas affirmative vote of two-thirds of all tutes an emergency measure provid- 16. Nays 0. the members elected to Council, it ing for the usual daily operation of a shall take effect and be in force imme- municipal department; now, there- Res. No. 874-14. diately upon its adoption and fore, By Council Member Cimperman. approval by the Mayor; otherwise, it Be it resolved by the Council of An emergency resolution objecting shall take effect and be in force from the City of Cleveland: to the transfer of location of a D2, and after the earliest period allowed Section 1. That objection to the D2X, D3 and D6 Liquor Permit to 4133 by law. renewal of a C2 and C2X Liquor Per- Lorain Avenue. Motion to suspend rules, Charter, mit to George F. Dixon, DBA Dixon’s Whereas, Council has been notified Grocery, 9306 Hough Avenue, Cleve- and statutory provisions and place by the Division of Liquor Control of on final adoption. land, Ohio 44106, Permanent Number an application for the transfer of loca- 2211993, be and the same is hereby The rules were suspended. Yeas tion of a D2, D2X, D3 and D6 Liquor 16. Nays 0. Read second time. Read withdrawn and Resolution No. 1057- Permit from Cuyahoga Sportservice, 13, containing such objection, be and third time in full. Adopted. Yeas Inc., Field Level and Level 100 & 300 & 16. Nays 0. the same is hereby repealed and that 500, 1085 West Third Street, Unit A, this Council consents to the immedi- Cleveland, Ohio 44114, Permanent ate permit thereof. Res. No. 875-14. Number 18696560010 to Plum Café, By Council Member Zone. Section 2. That this resolution is LLC, 4133 Lorain Avenue, Cleveland, hereby declared to be an emergency An emergency resolution with- Ohio 44113, Permanent Number measure and provided it receives the drawing objection to the renewal of a 6968876; and affirmative vote of two-thirds of all D5 Liquor Permit at 7115-19 Lorain Whereas, the granting of this appli- the members elected to Council, it Avenue and West 73rd Street, and cation for a liquor permit to this high shall take effect and be in force imme- repealing Resolution No. 1161-13, crime area, which is already saturat- diately upon its adoption and objecting to said renewal. ed with other liquor outlets, is con- approval by the Mayor; otherwise, it Whereas, this Council objected to trary to the best interests of the entire shall take effect and be in force from the renewal of a D5 Liquor Permit to and after the earliest period allowed community; and Whereas, the applicant does not Kloos & Das Co., Inc., DBA Red Pep- by law. per Lounge, 7115-19 Lorain Avenue Motion to suspend rules, Charter, qualify to be a permit holder and/or has demonstrated that he has operat- and West 73rd Street, Cleveland, Ohio and statutory provisions and place 44102, Permanent Number 47172320001 on final adoption. ed his liquor business in disregard of the laws, regulations or local ordi- by Resolution No. 1161-13, adopted by The rules were suspended. Yeas the Council on August 14, 2013; and 16. Nays 0. Read second time. Read nances of this state or any other state; and Whereas, this Council wishes to third time in full. Adopted. Yeas withdraw its objection to the above 16. Nays 0. Whereas, the place for which the permit is sought has not conformed to permit and consents to said permit; and Res. No. 873-14. the building, safety or health require- Whereas, this resolution consti- By Council Member Cimperman. ments of the governing body of this tutes an emergency measure provid- An emergency resolution with- County or City; and ing for the usual daily operation of a drawing objection to the transfer of Whereas, the place for which the ownership of a D1, D2, D3, D3A and D6 permit is sought is so arranged or con- municipal department; now, there- Liquor Permit at 3232 Lakeside structed that law enforcement offi- fore, Avenue and repealing Resolution No cers or agents of the Division of Be it resolved by the Council of 284-14, objecting to said transfer. Liquor Control are prevented reason- the City of Cleveland: Whereas, this Council objected to able access to the establishment; and Section 1. That objection to the the transfer of ownership of a D1, D2, Whereas, the place for which the renewal of a D5 Liquor Permit to D3, D3A and D6 Liquor Permit to 1515 permit is sought is so located with Kloos & Das Co., Inc., DBA Red Pep- LLC, DBA Bar 216, 3232 Lakeside respect to the neighborhood that it per Lounge, 7115-19 Lorain Avenue Avenue and basement, Cleveland, substantially interferes with public and West 73rd Street, Cleveland, Ohio Ohio 44114, Permanent No. 2714242 by decency, sobriety, peace or good 44102, be and the same is hereby with- Resolution No. 284-14 adopted by the order; and drawn and Resolution No. 1161-13, con- Council on February 24, 2014; and Whereas, this objection is based on taining such objection, be and the Whereas, this Council wishes to other legal grounds as set forth in same is hereby repealed and that this withdraw its objection to the above Revised Code Section 4303.292; and Council consents to the immediate transfer and consents to said transfer; Whereas, this resolution consti- permit thereof. and tutes an emergency measure provid- Section 2. That this resolution is Whereas, this resolution consti- ing for the immediate preservation of hereby declared to be an emergency tutes an emergency measure provid- the public peace, prosperity, safety measure and provided it receives the ing for the usual daily operation of a and welfare pursuant to Section affirmative vote of two-thirds of all municipal department; now, there- 4303.26 of the Ohio Revised Code. the members elected to Council, it fore, Council’s objection to said permit shall take effect and be in force imme- Be it resolved by the Council of must be received by the Superinten- diately upon its adoption and the City of Cleveland: dent of Liquor Control within 30 days approval by the Mayor; otherwise, it Section 1. That objection to the of notification; now, therefore, shall take effect and be in force from transfer of ownership of a, D1, D2, D3, Be it resolved by the Council of and after the earliest period allowed D3A and D6 Liquor Permit to 1515 the City of Cleveland: by law. 1046 July 23, 2014 The City Record 39

Motion to suspend rules, Charter, Be it resolved by the Council of Council’s objection to said permit and statutory provisions and place the City of Cleveland: must be received by the Superinten- on final adoption. Section 1. That objection to the dent of Liquor Control within 30 days The rules were suspended. Yeas renewal of a D5 and D6 Liquor Permit of notification; now, therefore, 16. Nays 0. Read second time. Read to MPKS, Inc., DBA Alibi Inn, 2232 Be it resolved by the Council of third time in full. Adopted. Yeas Rockwell Avenue, Cleveland, Ohio the City of Cleveland: 16. Nays 0. 44114, Permanent Number 5384812, be Section 1. That Council does hereby and the same is hereby withdrawn record its objection to the transfer of Res. No. 876-14. and Resolution No. 918-13, containing ownership of a D1, D2, D3 and D3A By Council Member Cimperman. such objection, be and the same is Liquor Permit from Maddon Enter- An emergency resolution with- hereby repealed and that this Council prises, LLC, DBA Browns Grill, 3855- drawing objection to the renewal of a consents to the immediate permit 57 W. Pearl Road, 1st floor and base- D1, D2, D3, D3A and D6 Liquor Permit thereof. ment, Cleveland, Ohio 44109, Perma- at 1204 Old River Road Mezzanine and Section 2. That this resolution is nent Number 5411874 to Reid and Patio and repealing Resolution No. hereby declared to be an emergency Ivaskovic, LLC, 3855-57 W. Pearl 914-13, objecting to said renewal. measure and provided it receives the Road, 1st floor and basement, Cleve- Whereas, this Council objected to affirmative vote of two-thirds of all land, Ohio 44109, Permanent Number the renewal of a D1, D2, D3, D3A and the members elected to Council, it 7279515; and requests the Superinten- D6 Liquor Permit to Lucic Enterpris- shall take effect and be in force imme- dent of Liquor Control to set a hearing es, Inc., DBA Lucics, 1204 Old River diately upon its adoption and for said application in accordance Road Mezzanine and Patio, Cleve- approval by the Mayor; otherwise, it with provisions of Section 4303.26 of land, Ohio 44113, Permanent Number shall take effect and be in force from the Revised Code of Ohio. 5337947 and 5337947-0003 by Resolu- and after the earliest period allowed Section 2. That the Clerk of Council tion No. 914-13, adopted by the Council by law. be and she is hereby directed to trans- on July 10, 2013; and Motion to suspend rules, Charter, mit two certified copies of this resolu- Whereas, this Council wishes to and statutory provisions and place tion, together with two copies of a let- withdraw its objection to the above on final adoption. ter of objection and two copies of a permit and consents to said permit; The rules were suspended. Yeas letter requesting that the hearing be and 16. Nays 0. Read second time. Read held in Cleveland, Cuyahoga County. Whereas, this resolution consti- third time in full. Adopted. Yeas Section 3. That this resolution is tutes an emergency measure provid- 16. Nays 0. hereby declared to be an emergency ing for the usual daily operation of a measure and, provided it receives the municipal department; now, there- Res. No. 878-14. affirmative vote of two-thirds of all fore, By Council Member Brancatelli. the members elected to Council, it Be it resolved by the Council of An emergency resolution objecting shall take effect and be in force imme- the City of Cleveland: to the transfer of ownership of a D1, diately upon its adoption and Section 1. That objection to the D2, D3 and D3A Liquor Permit to 3855- approval by the Mayor; otherwise, it renewal of a C1 Liquor Permit to 57 W. Pearl Road, 1st floor and base- shall take effect and be in force from Lucic Enterprises, Inc., DBA Lucics, ment. and after the earliest period allowed 1204 Old River Road Mezzanine and Whereas, Council has been notified by law. Patio, Cleveland, Ohio 44113, Perma- by the Division of Liquor Control of Motion to suspend rules, Charter, nent Number 5337947 and 5337947- 0003, be and the same is hereby with- an application for the transfer of own- and statutory provisions and place drawn and Resolution No. 914-13, con- ership of a D1, D2, D3 and D3A Liquor on final adoption. taining such objection, be and the Permit from Maddon Enterprises, The rules were suspended. Yeas same is hereby repealed and that this LLC, DBA Browns Grill, 3855-57 W. 16. Nays 0. Read second time. Read Council consents to the immediate Pearl Road, 1st floor and basement, third time in full. Adopted. Yeas permit thereof. Cleveland, Ohio 44109, Permanent 16. Nays 0. Section 2. That this resolution is Number 5411874 to Reid and hereby declared to be an emergency Ivaskovic, LLC, 3855-57 W. Pearl Res. No. 879-14. measure and provided it receives the Road, 1st floor and basement, Cleve- By Council Member Cimperman. affirmative vote of two-thirds of all land, Ohio 44109, Permanent Number An emergency resolution with- the members elected to Council, it 7279515; and drawing objection to the renewal of a shall take effect and be in force imme- Whereas, the granting of this appli- C1 and C2 Liquor Permit at 3074 West diately upon its adoption and cation for a liquor permit to this high 14th Street, and repealing Resolution approval by the Mayor; otherwise, it crime area, which is already saturat- No. 922-13, objecting to said renewal. shall take effect and be in force from ed with other liquor outlets, is con- Whereas, this Council objected to and after the earliest period allowed trary to the best interests of the entire the renewal of a C1 and C2 Liquor Per- by law. community; and mit to Salbros, Inc., DBA Gas City, Motion to suspend rules, Charter, Whereas, the applicant does not 3074 West 14th Street, Cleveland, Ohio and statutory provisions and place qualify to be a permit holder and/or 44113, Permanent Number 7679502 by on final adoption. has demonstrated that he has operat- Resolution No. 922-13, adopted by the The rules were suspended. Yeas ed his liquor business in disregard of Council on July 10, 2013; and 16. Nays 0. Read second time. Read the laws, regulations or local ordi- Whereas, this Council wishes to third time in full. Adopted. Yeas nances of this state or any other state; withdraw its objection to the above 16. Nays 0. and permit and consents to said permit; Whereas, the place for which the and Res. No. 877-14. permit is sought has not conformed to Whereas, this resolution consti- By Council Member Cimperman. the building, safety or health require- tutes an emergency measure provid- An emergency resolution with- ments of the governing body of this ing for the usual daily operation of a drawing objection to the renewal of a County or City; and municipal department; now, there- D5 and D6 Liquor Permit at 2232 Whereas, the place for which the fore, Rockwell Avenue and repealing Res- permit is sought is so arranged or con- Be it resolved by the Council of olution No. 918-13, objecting to said structed that law enforcement offi- the City of Cleveland: renewal. cers or agents of the Division of Section 1. That objection to the Whereas, this Council objected to Liquor Control are prevented reason- renewal of a C1 and C2 Liquor Permit the renewal of a D5 and D6 Liquor able access to the establishment; and to Salbros, Inc., DBA Gas City, 3074 Permit to MPKS, Inc., DBA Alibi Inn, Whereas, the place for which the West 14th Street, Cleveland, Ohio 2232 Rockwell Avenue, Cleveland, permit is sought is so located with 44113, Permanent Number 7679502, be Ohio 44114, Permanent Number respect to the neighborhood that it and the same is hereby withdrawn 5384812 by Resolution No. 918-13, substantially interferes with public and Resolution No. 922-13, containing adopted by the Council on July 10, decency, sobriety, peace or good such objection, be and the same is 2013; and order; and hereby repealed and that this Council Whereas, this Council wishes to Whereas, this objection is based on consents to the immediate permit withdraw its objection to the above other legal grounds as set forth in thereof. permit and consents to said permit; Revised Code Section 4303.292; and Section 2. That this resolution is and Whereas, this resolution consti- hereby declared to be an emergency Whereas, this resolution constitutes an emergency measure provid- measure and provided it receives the tutes an emergency measure providing for the immediate preservation of affirmative vote of two-thirds of all ing for the usual daily operation of a the public peace, prosperity, safety the members elected to Council, it municipal department; now, there- and welfare pursuant to Section shall take effect and be in force imme- fore, 4303.26 of the Ohio Revised Code. diately upon its adoption and 1047 40 The City Record July 23, 2014 approval by the Mayor; otherwise, it Section 2. That the Clerk of Council Control to set a hearing for said appli- shall take effect and be in force from be and she is hereby directed to trans- cation in accordance with provisions and after the earliest period allowed mit two certified copies of this resolu- of Section 4303.26 of the Revised Code by law. tion, together with two copies of a let- of Ohio. Motion to suspend rules, Charter, ter of objection and two copies of a Section 2. That the Clerk of Council and statutory provisions and place letter requesting that the hearing be be and she is hereby directed to trans- on final adoption. held in Cleveland, Cuyahoga County. mit two certified copies of this resolu- The rules were suspended. Yeas Section 3. That this resolution is tion, together with two copies of a let- 16. Nays 0. Read second time. Read hereby declared to be an emergency ter of objection and two copies of a third time in full. Adopted. Yeas measure and, provided it receives the letter requesting that the hearing be 16. Nays 0. affirmative vote of two-thirds of all held in Cleveland, Cuyahoga County. the members elected to Council, it Section 3. That this resolution is Res. No. 881-14. shall take effect and be in force imme- hereby declared to be an emergency By Council Member Cleveland. diately upon its adoption and measure and, provided it receives the An emergency resolution objecting approval by the Mayor; otherwise, it affirmative vote of two-thirds of all to the transfer of location of a C2 and shall take effect and be in force from the members elected to Council, it C2X Liquor Permit to 5611 Woodland and after the earliest period allowed shall take effect and be in force imme- Avenue. by law. diately upon its adoption and Whereas, Council has been notified Motion to suspend rules, Charter, approval by the Mayor; otherwise, it by the Division of Liquor Control of and statutory provisions and place shall take effect and be in force from an application for the transfer of loca- on final adoption. and after the earliest period allowed tion of a C2 and C2X Liquor Permit The rules were suspended. Yeas by law. from Irving Torres, DBA Tony’s Deli, 16. Nays 0. Read second time. Read Motion to suspend rules, Charter, 2177 West 30th Street, 1st floor front, third time in full. Adopted. Yeas and statutory provisions and place Cleveland, Ohio 44113, Permanent 16. Nays 0. on final adoption. Number 9001820 to Shri Hanuman, The rules were suspended. Yeas Inc., DBA Hometown Grocery, 5611 Res. No. 883-14. 16. Nays 0. Read second time. Read Woodland Avenue, Cleveland, Ohio By Council Member Cimperman. third time in full. Adopted. Yeas 44104, Permanent Number An emergency resolution objecting 16. Nays 0. 81131450005; and to a New C1 Liquor Permit at 2033 Whereas, the granting of this appli- Ontario Street. Res. No. 884-14. cation for a liquor permit to this high Whereas, Council has been notified By Council Member J. Johnson. crime area, which is already saturat- by the Division of Liquor Control of An emergency resolution objecting ed with other liquor outlets, is con- an application for a New C1 Liquor to a Liquor Agency Contract located trary to the best interests of the entire Permit at Divya Jivan, Inc., DBA at 18314 Euclid Avenue. community; and Downtown Convenience, 2033 Ontario Whereas, Council has been notified Whereas, the applicant does not Street, Cleveland, Ohio 44115, Perma- by the Division of Liquor Control of an application for a Liquor Agency qualify to be a permit holder and/or nent Number 2208740; and Contract at Rida, Inc., DBA Green has demonstrated that he has operat- Whereas, the granting of this appli- Lite Beverage & Liquor, Unit D, 18314 ed his liquor business in disregard of cation for a liquor permit to this high Euclid Avenue, Cleveland, Ohio 44112, the laws, regulations or local ordi- crime area, which is already saturat- Permanent Number 73626610001; and nances of this state or any other state; ed with other liquor outlets, is con- Whereas, the granting of this appli- and trary to the best interests of the entire cation for a liquor permit to this high Whereas, the place for which the community; and crime area, which is already saturat- permit is sought has not conformed to Whereas, the applicant does not ed with other liquor outlets, is con- the building, safety or health require- qualify to be a permit holder and/or trary to the best interests of the entire ments of the governing body of this has demonstrated that he has operat- community; and County or City; and ed his liquor business in disregard of Whereas, the applicant does not Whereas, the place for which the the laws, regulations or local ordi- qualify to be a permit holder and/or permit is sought is so arranged or con- nances of this state or any other state; has demonstrated that he has operat- structed that law enforcement offi- and ed his liquor business in disregard of cers or agents of the Division of Whereas, the place for which the the laws, regulations or local ordi- Liquor Control are prevented reason- permit is sought has not conformed to nances of this state or any other state; able access to the establishment; and the building, safety or health require- and Whereas, the place for which the ments of the governing body of this Whereas, the place for which the permit is sought is so located with County or City; and permit is sought has not conformed to respect to the neighborhood that it Whereas, the place for which the the building, safety or health require- substantially interferes with public permit is sought is so arranged or con- ments of the governing body of this decency, sobriety, peace or good structed that law enforcement offi- County or City; and order; and cers or agents of the Division of Whereas, the place for which the Whereas, this objection is based on Liquor Control are prevented reason- permit is sought is so arranged or con- other legal grounds as set forth in able access to the establishment; and structed that law enforcement offi- Revised Code Section 4303.292; and Whereas, the place for which the cers or agents of the Division of Whereas, this resolution consti- permit is sought is so located with Liquor Control are prevented reason- tutes an emergency measure provid- respect to the neighborhood that it able access to the establishment; and ing for the immediate preservation of substantially interferes with public Whereas, the place for which the the public peace, prosperity, safety decency, sobriety, peace or good permit is sought is so located with and welfare pursuant to Section order; and respect to the neighborhood that it 4303.26 of the Ohio Revised Code. Whereas, this objection is based on substantially interferes with public Council’s objection to said permit other legal grounds as set forth in decency, sobriety, peace or good must be received by the Superinten- Revised Code Section 4303.292; and order; and dent of Liquor Control within 30 days Whereas, this resolution consti- Whereas, this objection is based on of notification; now, therefore, tutes an emergency measure provid- other legal grounds as set forth in Be it resolved by the Council of ing for the immediate preservation of Revised Code Section 4303.292; and the City of Cleveland: the public peace, prosperity, safety Whereas, this resolution consti- Section 1. That Council does hereby and welfare pursuant to Section tutes an emergency measure provid- record its objection to the transfer of 4303.26 of the Ohio Revised Code. ing for the immediate preservation of location of a C2 and C2X Liquor Per- Council’s objection to said permit the public peace, prosperity, safety mit from Irving Torres, DBA Tony’s must be received by the Superinten- and welfare pursuant to Section Deli, 2177 West 30th Street, 1st floor dent of Liquor Control within 30 days 4303.26 of the Ohio Revised Code. front, Cleveland, Ohio 44113, Perma- of notification; now, therefore, Council’s objection to said permit nent Number 9001820 to Shri Hanu- Be it resolved by the Council of must be received by the Superinten- man, Inc., DBA Hometown Grocery, the City of Cleveland: dent of Liquor Control within 30 days 5611 Woodland Avenue, Cleveland, Section 1. That Council does hereby of notification; now, therefore, Ohio 44104, Permanent Number record its objection to a New C1 Be it resolved by the Council of 81131450005; and requests the Superin- Liquor Permit at Divya Jivan, Inc., the City of Cleveland: tendent of Liquor Control to set a DBA Downtown Convenience, 2033 Section 1. That Council does hereby hearing for said application in accor- Ontario Street, Cleveland, Ohio 44115, record its objection to a Liquor dance with provisions of Section Permanent Number 2208740; and Agency Contract at Rida, Inc., DBA 4303.26 of the Revised Code of Ohio. requests the Superintendent of Liquor Green Lite Beverage & Liquor, Unit D, 1048 July 23, 2014 The City Record 41

18314 Euclid Avenue, Cleveland, Ohio must be received by the Director of Whereas, this resolution consti- 44112, Permanent Number Liquor Control within 30 days of noti- tutes an emergency measure provid- 73626610001; and requests the Superin- fication; now, therefore, ing for the immediate preservation of tendent of Liquor Control to set a Be it resolved by the Council of the public peace, prosperity, safety hearing for said application in accor- the City of Cleveland: and welfare pursuant to Section dance with provisions of Section Section 1. That Council does hereby 4303.26 of the Ohio Revised Code. 4303.26 of the Revised Code of Ohio. record its objection to the transfer of Council’s objection to said permit Section 2. That the Clerk of Council liquor license of a C1, C2 and D6 must be received by the Superinten- be and she is hereby directed to trans- Liquor Permit from Rida, Inc., DBA dent of Liquor Control within 30 days mit two certified copies of this resolu- Green Lite Beverage & Liquor, Unit of notification; now, therefore, tion, together with two copies of a let- DD, 18325 Euclid Avenue, Cleveland, Be it resolved by the Council of ter of objection and two copies of a Ohio 44112, Permanent Number the City of Cleveland: letter requesting that the hearing be 7362661 to Rida, Inc., DBA Green Lite Section 1. That Council does hereby held in Cleveland, Cuyahoga County. Beverage & Liquor, Unit D, 18314 record its objection to a New D3A Section 3. That this resolution is Euclid Avenue, Cleveland, Ohio 44112, Liquor Permit at Dot & Beanies Tav- hereby declared to be an emergency Permanent Number 73626610001; and ern, Inc., 6201 St. Clair Avenue, 1st measure and, provided it receives the requests the Director of Liquor Con- floor, Cleveland, Ohio 44103, Perma- affirmative vote of two-thirds of all trol to set a hearing for said applica- nent Number 2275179; and requests the members elected to Council, it tion in accordance with provisions of the Superintendent of Liquor Control shall take effect and be in force imme- Section 4303.26 of the Revised Code of to set a hearing for said application in diately upon its adoption and Ohio. accordance with provisions of Section approval by the Mayor; otherwise, it Section 2. That the Clerk of Council 4303.26 of the Revised Code of Ohio. shall take effect and be in force from be and she is hereby directed to trans- Section 2. That the Clerk of Council and after the earliest period allowed mit two certified copies of this resolu- be and she is hereby directed to trans- by law. tion, together with two copies of a let- mit two certified copies of this resolu- Motion to suspend rules, Charter, ter of objection and two copies of a tion, together with two copies of a let- and statutory provisions and place letter requesting that the hearing be ter of objection and two copies of a on final adoption. held in Cleveland, Cuyahoga County. letter requesting that the hearing be The rules were suspended. Yeas Section 3. That this resolution is held in Cleveland, Cuyahoga County. hereby declared to be an emergency 16. Nays 0. Read second time. Read Section 3. That this resolution is measure and, provided it receives the third time in full. Adopted. Yeas hereby declared to be an emergency affirmative vote of two-thirds of all 16. Nays 0. measure and, provided it receives the the members elected to Council, it affirmative vote of two-thirds of all Res. No. 885-14. shall take effect and be in force immediately upon its adoption and the members elected to Council, it By Council Member J. Johnson. approval by the Mayor; otherwise, it shall take effect and be in force imme- An emergency resolution objecting shall take effect and be in force from diately upon its adoption and to the transfer of liquor license of a and after the earliest period allowed approval by the Mayor; otherwise, it C1, C2 and D6 Liquor Permit to 18314 by law. shall take effect and be in force from Euclid Avenue, Unit D. Motion to suspend rules, Charter, and after the earliest period allowed Whereas, Council has been notified and statutory provisions and place by law. by the Department of Liquor Control on final adoption. Motion to suspend rules, Charter, of an application for the transfer of The rules were suspended. Yeas and statutory provisions and place liquor license of a C1, C2 and D6 16. Nays 0. Read second time. Read on final adoption. Liquor Permit from Rida, Inc., DBA third time in full. Adopted. Yeas The rules were suspended. Yeas Green Lite Beverage & Liquor, Unit 16. Nays 0. 16. Nays 0. Read second time. Read DD, 18325 Euclid Avenue, Cleveland, third time in full. Adopted. Yeas Ohio 44112, Permanent Number Res. No. 886-14. 16. Nays 0. 7362661 to Rida, Inc., DBA Green Lite By Council Member J. Johnson. Beverage & Liquor, Unit D, 18314 An emergency resolution objecting Res. No. 887-14. Euclid Avenue, Cleveland, Ohio 44112, to a New D3A Liquor Permit at 6201 St. By Council Member Brady. Permanent Number 73626610001; and Clair Avenue, 1st floor. An emergency resolution objecting Whereas, the granting of this appli- Whereas, Council has been notified to the renewal of a D5 Liquor Permit cation for a liquor permit to this high by the Division of Liquor Control of at 3655-57 Bosworth Road, 1st floor. crime area, which is already saturat- an application for a New D3A Liquor Whereas, the uniform date for ed with other liquor outlets, is con- Permit at Dot & Beanies Tavern, Inc., renewal of liquor permits in the State trary to the best interests of the entire 6201 St. Clair Avenue, 1st floor, Cleve- of Ohio is October 1st; and community; and land, Ohio 44103, Permanent Number Whereas, pursuant to Section Whereas, the applicant does not 2275179; and 4303.271 of the Revised Code, the leg- qualify to be a permit holder and/or Whereas, the granting of this appli- has demonstrated that he has operat- islative authority of a municipal cor- cation for a liquor permit to this high poration may object to the renewal of ed his liquor business in disregard of crime area, which is already saturat- a permit based upon legal grounds as the laws, regulations or local ordi- ed with other liquor outlets, is con- set forth in division (A) of Revised nances of this state or any other state; trary to the best interests of the entire Code Section 4303.292; and and community; and Whereas, the place for which the Whereas, the applicant does not Whereas, the applicant is unfit to permit is sought has not conformed to qualify to be a permit holder and/or continue to engage in the liquor per- the building, safety or health require- has demonstrated that he has operat- mit business in that he has operated ments of the governing body of this ed his liquor business in disregard of his liquor permit business in a man- County or City; and the laws, regulations or local ordi- ner that demonstrates a disregard for Whereas, the place for which the nances of this state or any other state; the laws, regulations or local ordi- permit is sought is so arranged or con- and nances of the state, and that this structed that law enforcement offi- Whereas, the place for which the objection is based on other legal cers or agents of the Department of permit is sought has not conformed to grounds as set forth in Revised Code Liquor Control are prevented reason- the building, safety or health require- Section 4303.292; and able access to the establishment; and ments of the governing body of this Whereas, this resolution consti- Whereas, the place for which the County or City; and tutes an emergency measure provid- permit is sought is so located with Whereas, the place for which the ing for the immediate preservation of respect to the neighborhood that it permit is sought is so arranged or con- the public peace, prosperity, safety substantially interferes with public structed that law enforcement offi- and welfare pursuant to Section decency, sobriety, peace or good cers or agents of the Division of 4303.271 of the Ohio Revised Code, order; and Liquor Control are prevented reason- objections to renewal of liquor per- Whereas, this objection is based on able access to the establishment; and mits shall be made no later than thir- other legal grounds as set forth in Whereas, the place for which the ty days prior to the expiration date of Revised Code Section 4303.292; and permit is sought is so located with the permit; now, therefore, Whereas, this resolution consti- respect to the neighborhood that it Be it resolved by the Council of tutes an emergency measure provid- substantially interferes with public the City of Cleveland: ing for the immediate preservation of decency, sobriety, peace or good Section 1. That Council does hereby the public peace, prosperity, safety order; and record its objection to the renewal of and welfare pursuant to Section Whereas, this objection is based on a D5 Liquor Permit, Permit No.5604495 4303.26 of the Ohio Revised Code. other legal grounds as set forth in owned by Masich, Inc., 3655-57 Council’s objection to said permit Revised Code Section 4303.292; and Bosworth Road, 1st floor, Cleveland, 1049 42 The City Record July 23, 2014

Ohio 44111, and requests the Superin- Section 2. That the Clerk of Council and a statement by the Director of tendent of the Division of Liquor Con- be and she is hereby directed to trans- Law that, in the Director’s opinion, trol to set a hearing for said applica- mit two certified copies of this resolu- that the objection is based upon sub- tion in accordance with provisions of tion, together with two copies of a let- stantial legal grounds within the Section 4303.271 of the Revised Code ter of objection and two copies of a meaning and intent of division (A) of of Ohio. letter requesting that the hearing be Section 4303.292 of the Revised Code Section 2. That the Clerk of Council held in Cleveland, Cuyahoga County, to the Superintendent of the Division be and she is hereby directed to trans- and a statement by the Director of of Liquor Control. mit two certified copies of this resolu- Law that, in the Director’s opinion, Section 3. That this resolution is tion, together with two copies of a let- that the objection is based upon sub- hereby declared to be an emergency ter of objection and two copies of a stantial legal grounds within the measure and, provided it receives the letter requesting that the hearing be meaning and intent of division (A) of affirmative vote of two-thirds of all held in Cleveland, Cuyahoga County, Section 4303.292 of the Revised Code the members elected to Council, it and a statement by the Director of to the Superintendent of the Division shall take effect and be in force imme- Law that, in the Director’s opinion, of Liquor Control. diately upon its adoption and that the objection is based upon sub- Section 3. That this resolution is approval by the Mayor; otherwise, it stantial legal grounds within the hereby declared to be an emergency shall take effect and be in force from meaning and intent of division (A) of measure and, provided it receives the and after the earliest period allowed Section 4303.292 of the Revised Code affirmative vote of two-thirds of all by law. to the Superintendent of the Division the members elected to Council, it Motion to suspend rules, Charter, of Liquor Control. shall take effect and be in force imme- and statutory provisions and place on final adoption. Section 3. That this resolution is diately upon its adoption and The rules were suspended. Yeas hereby declared to be an emergency approval by the Mayor; otherwise, it 16. Nays 0. Read second time. Read measure and, provided it receives the shall take effect and be in force from third time in full. Adopted. Yeas affirmative vote of two-thirds of all and after the earliest period allowed by law. 16. Nays 0. the members elected to Council, it Motion to suspend rules, Charter, shall take effect and be in force imme- and statutory provisions and place Res. No. 890-14. diately upon its adoption and on final adoption. By Council Member Brady. approval by the Mayor; otherwise, it The rules were suspended. Yeas An emergency resolution objecting shall take effect and be in force from 16. Nays 0. Read second time. Read to the renewal of a D1, D2, D3 and D3A and after the earliest period allowed third time in full. Adopted. Yeas Liquor Permit at 11619 Lorain by law. 16. Nays 0. Avenue, 1st floor and basement. Motion to suspend rules, Charter, Whereas, the uniform date for and statutory provisions and place Res. No. 889-14. renewal of liquor permits in the State on final adoption. By Council Member Brady. of Ohio is October 1st; and The rules were suspended. Yeas An emergency resolution objecting Whereas, pursuant to Section 16. Nays 0. Read second time. Read to the renewal of a D1, D2, D3 and D3A 4303.271 of the Revised Code, the leg- third time in full. Adopted. Yeas Liquor Permit at 9401-03 Denison islative authority of a municipal cor- 16. Nays 0. Avenue, 1st floor and basement. poration may object to the renewal of Whereas, the uniform date for a permit based upon legal grounds as Res. No. 888-14. renewal of liquor permits in the State set forth in division (A) of Revised By Council Member Brancatelli. of Ohio is October 1st; and Code Section 4303.292; and An emergency resolution objecting Whereas, pursuant to Section Whereas, the applicant is unfit to continue to engage in the liquor per- to the renewal of a D5 Liquor Permit 4303.271 of the Revised Code, the leg- mit business in that he has operated at 4061 East 71st Street, 1st floor and islative authority of a municipal cor- his liquor permit business in a man- patios. poration may object to the renewal of ner that demonstrates a disregard for Whereas, the uniform date for a permit based upon legal grounds as the laws, regulations or local ordi- renewal of liquor permits in the State set forth in division (A) of Revised nances of the state, and that this Code Section 4303.292; and of Ohio is October 1st; and objection is based on other legal Whereas, pursuant to Section Whereas, the applicant is unfit to grounds as set forth in Revised Code 4303.271 of the Revised Code, the leg- continue to engage in the liquor per- Section 4303.292; and islative authority of a municipal cor- mit business in that he has operated Whereas, this resolution consti- poration may object to the renewal of his liquor permit business in a man- tutes an emergency measure provid- a permit based upon legal grounds as ner that demonstrates a disregard for ing for the immediate preservation of set forth in division (A) of Revised the laws, regulations or local ordi- the public peace, prosperity, safety Code Section 4303.292; and nances of the state, and that this and welfare pursuant to Section Whereas, the applicant is unfit to objection is based on other legal 4303.271 of the Ohio Revised Code, continue to engage in the liquor per- grounds as set forth in Revised Code objections to renewal of liquor permit business in that he has operated Section 4303.292; and mits shall be made no later than thir- his liquor permit business in a man- Whereas, this resolution consti- ty days prior to the expiration date of ner that demonstrates a disregard for tutes an emergency measure provid- the permit; now, therefore, the laws, regulations or local ordi- ing for the immediate preservation of Be it resolved by the Council of nances of the state, and that this the public peace, prosperity, safety the City of Cleveland: objection is based on other legal and welfare pursuant to Section Section 1. That Council does hereby grounds as set forth in Revised Code 4303.271 of the Ohio Revised Code, record its objection to the renewal of Section 4303.292; and objections to renewal of liquor per- a D1, D2, D3 and D3A Liquor Permit, mits shall be made no later than thir- Whereas, this resolution consti- Permit No.1869990 owned by Cyber ty days prior to the expiration date of tutes an emergency measure provid- Weekend Ltd., DBA It’s Life, 11619 the permit; now, therefore, ing for the immediate preservation of Lorain Avenue, 1st floor and base- Be it resolved by the Council of the public peace, prosperity, safety ment, Cleveland, Ohio 44111, and the City of Cleveland: requests the Superintendent of the and welfare pursuant to Section Section 1. That Council does hereby Division of Liquor Control to set a 4303.271 of the Ohio Revised Code, record its objection to the renewal of hearing for said application in accor- objections to renewal of liquor per- a D1, D2, D3 and D3A Liquor Permit, dance with provisions of Section mits shall be made no later than thir- Permit No.0488925 owned by Bartlett 4303.271 of the Revised Code of Ohio. ty days prior to the expiration date of Tavern, LLC, DBA Bonkers Tavern, Section 2. That the Clerk of Council the permit; now, therefore, 9401-03 Denison Avenue, 1st floor and be and she is hereby directed to trans- Be it resolved by the Council of basement, Cleveland, Ohio 44111, and mit two certified copies of this resolu- the City of Cleveland: requests the Superintendent of the tion, together with two copies of a let- Section 1. That Council does hereby Division of Liquor Control to set a ter of objection and two copies of a record its objection to the renewal of hearing for said application in accor- letter requesting that the hearing be a D5 Liquor Permit, Permit No.0698762 dance with provisions of Section held in Cleveland, Cuyahoga County, owned by Big Boss S Barbeque & 4303.271 of the Revised Code of Ohio. and a statement by the Director of Lounge, LLC, 4061 East 71st Street, 1st Section 2. That the Clerk of Council Law that, in the Director’s opinion, floor and patios, Cleveland, Ohio be and she is hereby directed to trans- that the objection is based upon sub- 44105, and requests the Superinten- mit two certified copies of this resolu- stantial legal grounds within the dent of the Division of Liquor Control tion, together with two copies of a let- meaning and intent of division (A) of to set a hearing for said application in ter of objection and two copies of a Section 4303.292 of the Revised Code accordance with provisions of Section letter requesting that the hearing be to the Superintendent of the Division 4303.271 of the Revised Code of Ohio. held in Cleveland, Cuyahoga County, of Liquor Control. 1050 July 23, 2014 The City Record 43

Section 3. That this resolution is 44115, Permanent Number 5516525; obese and the state ranks 24th (chil- hereby declared to be an emergency and requests the Superintendent of dren) and 13th (adults) for state obe- measure and, provided it receives the Liquor Control to set a hearing for sity ranking; and affirmative vote of two-thirds of all said application in accordance with Whereas, Healthy students perform the members elected to Council, it provisions of Section 4303.26 of the better, attend school more, and shall take effect and be in force imme- Revised Code of Ohio. behave better in class; and diately upon its adoption and Section 2. That the Clerk of Council Whereas, 95% of school-aged youth approval by the Mayor; otherwise, it be and she is hereby directed to trans- in the United States attend school; shall take effect and be in force from mit two certified copies of this resolu- other than home, it is where they and after the earliest period allowed tion, together with two copies of a let- spend the most time; and by law. ter of objection and two copies of a Whereas, Children consume nearly Motion to suspend rules, Charter, letter requesting that the hearing be 50% of their daily calories while and statutory provisions and place held in Cleveland, Cuyahoga County. attending school; and on final adoption. Section 3. That this resolution is Whereas, the Alliance Healthy The rules were suspended. Yeas hereby declared to be an emergency Schools Program reaches 892 schools 16. Nays 0. Read second time. Read measure and, provided it receives the and over 465,000 students in the state third time in full. Adopted. Yeas affirmative vote of two-thirds of all of Ohio; and 16. Nays 0. the members elected to Council, it Whereas, the CMSD serves 45,900 shall take effect and be in force imme- meals, 16,900 breakfasts, and 29,000 Res. No. 891-14. diately upon its adoption and lunches per day; and By Council Member Cimperman. approval by the Mayor; otherwise, it Whereas, 79 schools in the CMSD An emergency resolution objecting shall take effect and be in force from have expressed interest in participat- to the transfer of ownership of a D5 and after the earliest period allowed ing in the Healthy Schools Program; and D6 Liquor Permit to 627 Prospect by law. and Avenue. Motion to suspend rules, Charter, Whereas, five CMSD Schools Whereas, Council has been notified and statutory provisions and place (Buhrer Dual Language Academy, by the Division of Liquor Control of on final adoption. Douglas MacArthur Girls Leadership an application for the transfer of own- The rules were suspended. Yeas Academy, John Marshall High School, ership of a D5 and D6 Liquor Permit 16. Nays 0. Read second time. Read Michael R. White STEM School, and from Soul Concepts, Inc., DBA Stone third time in full. Adopted. Yeas Ginn Academy) have achieved Town, 627 Prospect Avenue, E. & 16. Nays 0. Bronze Recognition Status by the Patio, Cleveland, Ohio 44115, Perma- Alliance for a Healthier Generation; nent Number 83864740005 to Maetab, Res. No. 935-14. LLC, DBA Stonetown, 627 Prospect Whereas, this resolution consti- By Council Member Cimperman. Avenue, Cleveland, Ohio 44115, Per- tutes an emergency measure for the An emergency resolution support- manent Number 5516525; and immediate preservation of public ing the Alliance for a Healthier Gen- Whereas, the granting of this appli- peace, property, health or safety, now, eration Healthy Schools Program and cation for a liquor permit to this high therefore, the implementation of its framework crime area, which is already saturat- Be it resolved by the Council of in the Cleveland Metropolitan School ed with other liquor outlets, is con- the City of Cleveland: District, and encouraging all CMSD trary to the best interests of the entire Section 1. That this Council sup- community; and schools to enroll in the program, build ports the Alliance for a Healthier Whereas, the applicant does not school wellness councils, including Generation Healthy Schools Program qualify to be a permit holder and/or teachers/staff, students, parents, and and the implementation of its frame- has demonstrated that he has operat- community partners, complete the work in the Cleveland Metropolitan ed his liquor business in disregard of Healthy Schools Program Inventory School District, and encourages all the laws, regulations or local ordi- to assess current school efforts, and CMSD schools to enroll in the pro- nances of this state or any other state; develop an action plan based on gram, build school wellness councils, and what’s important and achievable in including teachers/staff, students, Whereas, the place for which the each school community. parents, and community partners, permit is sought has not conformed to Whereas, the City of Cleveland and complete the Healthy Schools Pro- the building, safety or health require- Cleveland City Council are committed gram Inventory to assess current ments of the governing body of this to creating a Healthy Cleveland with school efforts, and develop an action County or City; and healthy neighborhoods and residents plan based on what’s important and Whereas, the place for which the who live healthier lifestyles includ- achievable in each school community. permit is sought is so arranged or con- ing being physically active and Section 2. That this resolution is structed that law enforcement offi- improving nutrition with access to hereby declared to be an emergency cers or agents of the Division of fruits and vegetables; and measure and, provided it receives the Liquor Control are prevented reason- Whereas, the Cleveland Metropoli- affirmative vote of two-thirds of all able access to the establishment; and tan School District (CMSD) has adopt- the members elected to Council, it Whereas, the place for which the ed a revised Comprehensive Wellness shall take effect and be in force imme- permit is sought is so located with Policy in April 2013 (Resolution No. diately upon its adoption and respect to the neighborhood that it 2013-3033(B)) to provide procedures approval by the Mayor; otherwise it substantially interferes with public to ensure that students receive consis- shall take effect and be in force from decency, sobriety, peace or good tent information and education and after the earliest period allowed order; and regarding proper nutrition, increased by law. Whereas, this objection is based on physical activity, and the benefits of Motion to suspend rules, Charter, other legal grounds as set forth in healthy lifestyle choices through the and statutory provisions and place Revised Code Section 4303.292; and school, classroom, and cafeteria; and on final adoption. Whereas, this resolution consti- Whereas, the Alliance for a Health- The rules were suspended. Yeas tutes an emergency measure provid- ier Generation (Alliance), founded by 16. Nays 0. Read second time. Read ing for the immediate preservation of the Clinton Foundation and the Amer- third time in full. Adopted. Yeas the public peace, prosperity, safety ican Heart Association, engages 16. Nays 0. and welfare pursuant to Section schools using the Healthy Schools 4303.26 of the Ohio Revised Code. Program Framework that identifies Res. No. 936-14. Council’s objection to said permit specific best practices to create By Council Member Cimperman. must be received by the Superinten- healthier school environments includ- An emergency resolution objecting dent of Liquor Control within 30 days ing policy and systems, employee to the transfer of ownership of a D5 of notification; now, therefore, wellness, school meals, physical edu- and D6 Liquor Permit to 1276 West 6th Be it resolved by the Council of cation, health education, student Street and patio, 1st and 2nd floors the City of Cleveland: wellness, and competitive food and and basement. Section 1. That Council does hereby beverages; and Whereas, Council has been notified record its objection to the transfer of Whereas, the Saint Luke’s Founda- by the Division of Liquor Control of ownership of a D5 and D6 Liquor Per- tion of Cleveland, Mt. Sinai Health an application for the transfer of own- mit from Soul Concepts, Inc., DBA Care Foundation, and United Way of ership of a D5 and D6 Liquor Permit Stone Town, 627 Prospect Avenue, E. Greater Cleveland have funded a ded- from Suroc, Inc., DBA Sushi Rock, & Patio, Cleveland, Ohio 44115, Per- icated Alliance Program Officer for 1276 West 6th Street and patio, 1st and manent Number 83864740005 to CMSD for the next three years; and 2nd floors and basement, Cleveland, Maetab, LLC, DBA Stonetown, 627 Whereas, 30.8% of children and Ohio 44113, Permanent Number Prospect Avenue, Cleveland, Ohio 30.1% of adults in the state of Ohio are 27088760005 to 1276 West 6th, LLC, 1051 44 The City Record July 23, 2014

1276 West 6th Street and patio, 1st and Res. No. 937-14. and Resolution No. 1165-13, containing 2nd floors and basement, Cleveland, By Council Member Cummins. such objection, be and the same is Ohio 44113, Permanent Number An emergency resolution with- hereby repealed and that this Council 9115289; and drawing objection to the renewal of a consents to the immediate permit Whereas, the granting of this appli- D5 Liquor Permit at 3194 West 25th thereof. cation for a liquor permit to this high Street, 1st floor and basement and Section 2. That this resolution is crime area, which is already saturat- repealing Resolution No. 1163-13, hereby declared to be an emergency ed with other liquor outlets, is con- objecting to said renewal. measure and provided it receives the trary to the best interests of the entire Whereas, this Council objected to affirmative vote of two-thirds of all community; and the renewal of a D5 Liquor Permit to the members elected to Council, it Whereas, the applicant does not 3194 Tavern, LLC, DBA Stumble Inn, shall take effect and be in force imme- qualify to be a permit holder and/or 3194 West 25th Street, 1st floor and diately upon its adoption and has demonstrated that he has operat- basement, Cleveland, Ohio 44109, Per- approval by the Mayor; otherwise, it ed his liquor business in disregard of manent Number 8917129 by Resolu- shall take effect and be in force from the laws, regulations or local ordi- tion No. 1163-13, adopted by the Coun- and after the earliest period allowed nances of this state or any other state; cil on August 14, 2013; and by law. and Whereas, this Council wishes to Motion to suspend rules, Charter, Whereas, the place for which the withdraw its objection to the above and statutory provisions and place permit is sought has not conformed to permit and consents to said permit; on final adoption. the building, safety or health require- and The rules were suspended. Yeas ments of the governing body of this Whereas, this resolution consti- 16. Nays 0. Read second time. Read County or City; and tutes an emergency measure provid- third time in full. Adopted. Yeas Whereas, the place for which the ing for the usual daily operation of a 16. Nays 0. permit is sought is so arranged or con- municipal department; now, there- structed that law enforcement offi- fore, SECOND READING EMERGENCY cers or agents of the Division of Be it resolved by the Council of ORDINANCES PASSED Liquor Control are prevented reason- the City of Cleveland: able access to the establishment; and Section 1. That objection to the Ord. No. 617-14. Whereas, the place for which the renewal of a D5 Liquor Permit to 3194 By Council Members K. Johnson permit is sought is so located with Tavern, LLC, DBA Stumble Inn, 3194 and Brancatelli (by departmental respect to the neighborhood that it West 25th Street, 1st floor and base- request). substantially interferes with public ment, Cleveland, Ohio 44109, Perma- An emergency ordinance authoriz- decency, sobriety, peace or good nent Number 8917129, be and the same ing the Director of Capital Projects to order; and is hereby withdrawn and Resolution issue a permit to NF II Cleveland, Whereas, this objection is based on No. 1163-13, containing such objection, LLC to encroach into the public right- other legal grounds as set forth in be and the same is hereby repealed of-way of Euclid Avenue and Revised Code Section 4303.292; and and that this Council consents to the Prospect Avenue by installing, using, Whereas, this resolution consti- immediate permit thereof. and maintaining 2 basement vaults, tutes an emergency measure provid- Section 2. That this resolution is canopy and a canopy/marquee. ing for the immediate preservation of hereby declared to be an emergency Approved by Directors of Capital the public peace, prosperity, safety measure and provided it receives the Projects, City Planning Commission, and welfare pursuant to Section affirmative vote of two-thirds of all Finance, Law; Passage recommended 4303.26 of the Ohio Revised Code. the members elected to Council, it by Committees on Municipal Services shall take effect and be in force imme- and Properties, Development Plan- Council’s objection to said permit diately upon its adoption and ning and Sustainability. must be received by the Superinten- approval by the Mayor; otherwise, it The rules were suspended. Yeas dent of Liquor Control within 30 days shall take effect and be in force from 16. Nays 0. Read second time. Read of notification; now, therefore, and after the earliest period allowed third time in full. Passed. Yeas 16. Be it resolved by the Council of by law. Nays 0. the City of Cleveland: Motion to suspend rules, Charter, Section 1. That Council does hereby and statutory provisions and place Ord. No. 622-14. record its objection to the transfer of on final adoption. By Council Members K. Johnson, ownership of a D5 and D6 Liquor Per- The rules were suspended. Yeas Brancatelli, and Kelley (by depart- mit from Suroc, Inc., DBA Sushi Rock, 16. Nays 0. Read second time. Read mental request). 1276 West 6th Street and patio, 1st and third time in full. Adopted. Yeas An emergency ordinance determin- 2nd floors and basement, Cleveland, 16. Nays 0. ing the method of making the public Ohio 44113, Permanent Number improvement of repairing and reno- 27088760005 to 1276 West 6th, LLC, Res. No. 938-14. vating the East Side Market and park- 1276 West 6th Street and patio, 1st and By Council Member Cummins. ing lot; authorizing the Director of 2nd floors and basement, Cleveland, An emergency resolution with- Public Works to enter into one or Ohio 44113, Permanent Number drawing objection to the renewal of a more public improvement contracts to 9115289; and requests the Superinten- D2, D2X, D3 and D3A Liquor Permit at construct the improvement; and dent of Liquor Control to set a hearing 3357-59 Fulton Road, 1st floor and authorizing the director to employ for said application in accordance repealing Resolution No. 1165-13, one or more professional consultants with provisions of Section 4303.26 of objecting to said renewal. necessary to design the improvement. the Revised Code of Ohio. Whereas, this Council objected to Approved by Directors of Public Section 2. That the Clerk of Council the renewal of a D2, D2X, D3 and D3A Works, City Planning Commission, be and she is hereby directed to trans- Liquor Permit to Patricia M. Carr, Finance, Law; Passage recommended mit two certified copies of this resolu- DBA Crystal Sports Bar, 3357-59 Ful- by Committees on Municipal Services tion, together with two copies of a let- ton Road, 1st floor, Cleveland, Ohio and Properties, Development Plan- ter of objection and two copies of a 44109, Permanent Number 1282064 by ning and Sustainability, Finance. letter requesting that the hearing be Resolution No. 1165-13, adopted by the The rules were suspended. Yeas held in Cleveland, Cuyahoga County. Council on August 14, 2013; and 16. Nays 0. Read second time. Read Section 3. That this resolution is Whereas, this Council wishes to third time in full. Passed. Yeas 16. hereby declared to be an emergency withdraw its objection to the above Nays 0. measure and, provided it receives the permit and consents to said permit; affirmative vote of two-thirds of all and Ord. No. 628-14. the members elected to Council, it Whereas, this resolution consti- By Council Members K. Johnson, shall take effect and be in force imme- tutes an emergency measure provid- Brancatelli and Kelley (by depart- diately upon its adoption and ing for the usual daily operation of a mental request). approval by the Mayor; otherwise, it municipal department; now, there- An emergency ordinance authoriz- shall take effect and be in force from fore, ing the Director of Capital Projects to and after the earliest period allowed Be it resolved by the Council of accept certain easement interests by law. the City of Cleveland: from Geis Tower Hotel Master Land- Motion to suspend rules, Charter, Section 1. That objection to the lord, LLC for a public sidewalk. and statutory provisions and place renewal of a D2, D2X, D3 and D3A Approved by Directors of Capital on final adoption. Liquor Permit to Patricia M. Carr, Projects, City Planning Commission, The rules were suspended. Yeas DBA Crystal Sports Bar, 3357-59 Ful- Finance, Law; Passage recommended 16. Nays 0. Read second time. Read ton Road, 1st floor, Cleveland, Ohio by Committees on Municipal Services third time in full. Adopted. Yeas 44109, Permanent Number 1282064, be and Properties, Development Plan- 16. Nays 0. and the same is hereby withdrawn ning and Sustainability, Finance. 1052 July 23, 2014 The City Record 45

The rules were suspended. Yeas The rules were suspended. Yeas tobacco or any other plant, or alter- 16. Nays 0. Read second time. Read 16. Nays 0. Read second time. Read native nicotine product, including third time in full. Passed. Yeas 16. third time in full. Passed. Yeas 16. electronic cigarettes. “Smoking” Nays 0. Nays 0. does not include the burning of incense in a religious ceremony.”. Ord. No. 672-14. Ord. No. 695-14. 4. In Section 1, at amended Section By Council Members Brancatelli By Council Member Cimperman. 235.01(g), line 1, strike “(g) “Out- and Kelley (by departmental An emergency ordinance to amend door Area” means” and insert “(4) request). Sections 235.01 and 235.02 of the Codi- “Outdoor Area” means”. An emergency ordinance authoriz- fied Ordinances of Cleveland, Ohio, 5. In Section 1, strike the entire ing the Director of Community Devel- 1976, as amended by Ordinance No. text of amended Section 235.02 in its opment to enter into one or more con- 473-11, passed April 25, 2011, defining entirety. tracts with various housing develop- smoking to include alternative nico- 6. In Section 2, line 1, strike “Sec- ment entities, or their designees, to tine products, including electronic tions 235.01 and 235.02” and insert implement the Housing Trust Fund cigarettes, in the smoking ban on City “Section 235.01”; and in line 2, strike Program, for costs associated with property. “are” and insert “is”. various housing activities. Approved by Directors of Public 7. In Section 3, line 1, strike “Sec- Approved by Directors of Communi- Health, Public Works, Finance, Law; tions 235.01 and 235.02” and insert ty Development, Finance, Law; Pas- Passage recommended by Commit- “Section 235.01”. sage recommended by Committees on tees on Health and Human Services, Amendments agreed to. Development Planning and Sustain- Finance, when amended, as follows: The rules were suspended. Yeas ability, Finance. 1. In the title, line 2, strike “Sec- 16. Nays 0. Read second time. Read The rules were suspended. Yeas tions 235.01 and 235.02” and insert third time in full. Passed. Yeas 16. 16. Nays 0. Read second time. Read “Section 235.01”. Nays 0. third time in full. Passed. Yeas 16. 2. In Section 1, line 1, strike “Sec- In compliance with Section 33 of Nays 0. tions 235.01 and 235.02” and insert the Charter a copy of the legislation “Section 235.01”; and in line 2, strike was furnished to each member of Ord. No. 678-14. “are” and insert “is”. Council before final passage. By Council Members K. Johnson, 3. In Section 1, at amended Section Brancatelli and Kelley (by depart- 235.01, strike divisions “(d)”, “(e)”, Ord. No. 728-14. mental request). and “(f)” in their entirety and insert By Council Members J. Johnson, K. An emergency ordinance to vacate new division (d) to read as follows: Johnson, Brancatelli and Kelley (by a portion of Luke Road S.E. “(d) As used in this Chapter: departmental request). Approved by Directors of Capital (1) A. “Alternative nicotine prod- An emergency ordinance authoriz- Projects, City Planning Commission, uct” means, subject to division ing the Commissioner of Purchases Finance, Law; Passage recommended (d)(1)B., an electronic cigarette or and Supplies to purchase property by Committees on Municipal Services any other product or device that con- located at 19218 Nottingham Road and Properties, Development Plan- sists of or contains nicotine that can needed to construct a new entryway ning and Sustainability, Finance. be ingested into the body by any to R.J. Taylor Park from Nottingham The rules were suspended. Yeas means, including, but not limited to, Road, for the Department of Public 16. Nays 0. Read second time. Read chewing, smoking, absorbing, dis- Works. third time in full. Passed. Yeas 16. solving, or inhaling. Approved by Directors of Public Nays 0. B. “Alternative nicotine product” Works, City Planning Commission, does not include any of the follow- Finance, Law; Passage recommended Ord. No. 679-14. ing: by Committees on Municipal Services By Council Members Cimperman, 1. Any cigarette or other tobacco and Properties, Development Plan- K. Johnson, Brancatelli and Kelley product; ning and Sustainability, Finance. (by departmental request). 2. Any product that is a “drug” The rules were suspended. Yeas An emergency ordinance to vacate as that term is defined in 21 U.S.C. 16. Nays 0. Read second time. Read a portion of Mulberry Street N.W. 321(g)(1); third time in full. Passed. Yeas 16. Approved by Directors of Capital 3. Any product that is a “device” Nays 0. Projects, City Planning Commission, as that term is defined in 21 U.S.C. Finance, Law; Passage recommended 321(h); Ord. No. 735-14. by Committees on Municipal Services 4. Any product that is a “combi- By Council Members Keane and and Properties, Development Plan- nation product” as described in 21 Kelley (by departmental request). ning and Sustainability, Finance. An emergency ordinance determin- The rules were suspended. Yeas U.S.C. 353(g). 15. Nays 0. Read second time. Read (2) A. “Electronic cigarette” ing the method of making the public third time in full. Passed. Yeas 15. means, subject to division (2)B. of improvement of constructing all nec- Nays 0. this section, any electronic product essary infrastructure needed for the Pursuant to Rule 19 of the Rules or device that produces a vapor that South Campus Area Development Pro- of Council, Council Member Cimper- delivers nicotine or any other subject; authorizing the Director of Port man recused himself from the vote stance to the person inhaling from Control to enter into one or more pub- regarding Ordinance No. 679-14. the device to simulate smoking and lic improvement contracts for the that is likely to be offered to or pur- making of the improvement; and Ord. No. 680-14. chased by consumers as an elec- authorizing the Director to employ By Council Members Keane, K. tronic cigarette, electronic cigar, one or more professional consultants Johnson, Brancatelli and Kelley (by electronic cigarillo, or electronic to design the improvement. departmental request). pipe. Approved by Directors of Port Con- An emergency ordinance to vacate B. “Electronic cigarette” does not trol, City Planning Commission, a portion of Triskett Court N.W. include any item, product, or device Finance, Law; Passage recommended Approved by Directors of Capital described in division (1)B. 1. to 4. of by Committees on Transportation, Projects, City Planning Commission, this section. Finance. Finance, Law; Passage recommended (3) “Smoking” means inhaling, The rules were suspended. Yeas by Committees on Municipal Services exhaling, burning, or carrying any 16. Nays 0. Read second time. Read and Properties, Development Plan- lighted cigar, cigarette, pipe, other third time in full. Passed. Yeas 16. ning and Sustainability, Finance. lighted smoking device for burning Nays 0.

Ord. No. 739-14. By Council Member Kelley (by departmental request). An emergency ordinance to amend Sections 8 and 39 of Ordinance No. 385-14, passed March 31, 2014, relating to compensation for various classifications. Approved by Directors of Human Resources, Finance, Law; Passage recommended by Committee on Finance, when amended, as follows: 1. In the title, line 2; in Section 1, line 1; and in Section 2, line 1, strike “8 and 39” and insert “39 and 41” in all three places. 1053 46 The City Record July 23, 2014

2. In Section 1, strike amended Section 8 in its entirety and following amended Section 39 insert new Section 41 to read as follows: “Section 41. That the appointing authority shall fix the salaries in the following classifications in accordance with the schedule appearing after each classification:

Minimum Maximum 1 Assistant Building Official ...... $42,758.15 $142,024.13 2 City Comptroller ...... 42,758.15 142,024.13 3 City Treasurer...... 42,758.15 131,098.50 4 Chief Technology Officer...... 80,000.00 206,040.00 5 Commissioner of Accounts ...... 40,314.82 136,049.25 6 Commissioner of Administrative Services - Community Development...... 40,314.82 136,049.25 7 Commissioner of Air Quality ...... 42,758.15 142,024.13 8 Commissioner of Assessments and Licenses...... 40,314.82 125,582.86 9 Commissioner of Burke Airport ...... 40,314.92 125,582.86 10 Commissioner of Cleveland Hopkins International Airport ...... 42,758.15 152,120.83 11 Commissioner of Cleveland Public Power ...... 45,201.46 177,386.65 12 Commissioner of Code Enforcement...... 42,758.15 142,024.13 13 Commissioner of Construction Permitting ...... 42,758.15 142,024.13 14 Commissioner of Emergency Medical Services ...... 42,758.15 142,024.13 15 Commissioner of Environment...... 42,758.15 142,024.13 16 Commissioner of Health...... 45,021.46 150,984.16 17 Commissioner of House of Corrections ...... 40,314.82 125,456.57 18 Commissioner of Information Technology & Services . 52,734.82 150,984.16 19 Commissioner of Motor Vehicle Maintenance...... 40,314.82 136,049.25 20 Commissioner of Neighborhood Development ...... 40,314.82 125,582.86 21 Commissioner of Real Estate ...... 40,314.82 125,582.86 22 Commissioner of Neighborhood Services ...... 42,758.15 131,098.50 23 Commissioner of Park Maintenance and Properties..... 42,758.15 152,120.83 24 Commissioner of Parking Facilities...... 40,314.82 136,049.25 25 Commissioner of Printing and Reproduction...... 40,314.82 136,049.25 26 Commissioner of Property Management ...... 45,201.46 150,984.16 27 Commissioner of Purchases and Supplies...... 42,758.15 131,098.50 28 Commissioner of Recreation ...... 42,758.15 152,120.83 29 Commissioner of Streets...... 40,314.82 136,049.25 30 Commissioner of Traffic Engineering...... 42,758.15 131,098.50 31 Commissioner of Utilities Fiscal Control ...... 40,314.82 125,582.86 32 Commissioner of Waste Collection and Disposal...... 40,314.82 136,049.25 33 Commissioner of Water ...... 45,201.46 212,221.20 34 Commissioner of Water Pollution Control ...... 40,314.82 136,049.25 35 Deputy City Treasurer...... 26,273.96 88,406.29 36 Deputy Director Department of Building and Housing 36,590.39 142,024.13 37 Director of Workforce Development ...... 70,000.00 169,776.96 38 EMS Pre-Hospital Medical Director ...... 80,000.00 250,000.00 39 Income Tax Administrator...... 42,758.15 142,024.13 40 Manager of Administration – Public Works...... 40,314.82 125,582.86 41 Manager of Internal Audit ...... 40,314.82 125,582.86 Amendments agreed to. The rules were suspended. Yeas 16. Nays 0. Read second time. Read third time in full. Passed. Yeas 16. Nays 0. In compliance with Section 33 of the Charter a copy of the legislation was furnished to each member of Coun- cil before final passage.

Ord. No. 744-14. third time in full. Passed. Yeas 16. the Divisions of Water, Water Pollu- By Council Members K. Johnson Nays 0. tion Control, and Cleveland Public and Kelley (by departmental Power, Department of Public Utilities request). Ord. No. 796-14. for a period up to two years, with two An emergency ordinance authoriz- By Council Members Pruitt and options to renew for one year, the first ing the purchase by one or more Kelley (by departmental request). of which is exercisable through addi- requirement contracts of various on- An emergency ordinance authoriz- tional legislative authority. road vehicles, apparatus, and off- ing the purchase by one or more Approved by Directors of Public road equipment, cabs, bodies, and requirement contracts of labor and Utilities, Finance, Law; Passage rec- accessories, equipment and other materials necessary to maintain the ommended by Committees on Utili- aftermarket items necessary to SCADA and PCCS Systems, including ties, Finance. equip the vehicles authorized for replacement parts, equipment, com- The rules were suspended. Yeas their intended purposes, including 16. Nays 0. Read second time. Read vehicle rehabilitation, training, and puter software, software upgrades, support software, software implemen- third time in full. Passed. Yeas 16. inspections, as needed, for the Direc- Nays 0. tor of Public Works, for a period of tation, system changes, configurations, programming, tuning, one year. Ord. No. 798-14. upgrades, services and support and Approved by Directors of Public By Council Members Zone and Kel- Works, Finance, Law; Passage rec- maintenance necessary for the opera- ley (by departmental request). ommended by Committees on Munic- tion of the systems; and authorizing An emergency ordinance authoriz- ipal Services and Properties, the Director to enter into one or more ing the Director of Public Safety to Finance. requirement contracts with various apply for and accept a grant from the The rules were suspended. Yeas companies to provide critical propri- Ohio Attorney General for the 2013-14 16. Nays 0. Read second time. Read etary components for the systems, for Ohio Drug Use Prevention Program. 1054 July 23, 2014 The City Record 47

Approved by Directors of Public In compliance with Section 33 of Ord. No. 804-14. Safety, Finance, Law; Passage recom- the Charter a copy of the legislation By Council Members Pruitt and mended by Committees on Safety, was furnished to each member of Kelley (by departmental request). Finance. Council before final passage. An emergency ordinance authoriz- The rules were suspended. Yeas ing the purchase by one or more 16. Nays 0. Read second time. Read Ord. No. 802-14. requirement contracts of various third time in full. Passed. Yeas 16. By Council Members Zone and Kel- sized PVC and FRE ductline materi- Nays 0. ley (by departmental request). als, for the Division of Cleveland Pub- An emergency ordinance authoriz- lic Power, Department of Public Utili- Ord. No. 800-14. ing the Director to enter into one or ties, for a period up to two years, with By Council Members Zone and Kel- more requirement contracts for the two one-year options to renew, the ley (by departmental request). purchase of various types of furniture first of which requires additional leg- An emergency ordinance authoriz- for the new Midtown Police Station islative authority. ing the Director of Public Safety to located at 4501 Chester Avenue and Approved by Directors of Public apply for and accept a grant from the other police facilities, for the Division Utilities, Finance, Law; Passage rec- Ohio Office of Criminal Justice Ser- of Police, Department of Public Safe- ommended by Committees on Utili- vices for the 2014 Ohio Drug Law ties, Finance. Enforcement Fund Grant; and autho- ty, for a period of one year, with two one-year options to renew, exercis- The rules were suspended. Yeas rizing the purchase by one or more 16. Nays 0. Read second time. Read requirement contracts of materials, able by the Director of Public Safety. Approved by Directors of Public third time in full. Passed. Yeas 16. equipment, supplies, and services Nays 0. needed to implement the grant. Safety, Finance, Law; Passage recommended by Committees on Safety, Approved by Directors of Public Ord. No. 805-14. Finance. Safety, Finance, Law; Passage recom- By Council Members K. Johnson The rules were suspended. Yeas mended by Committees on Safety, and Kelley (by departmental Finance. 16. Nays 0. Read second time. Read request). The rules were suspended. Yeas third time in full. Passed. Yeas 16. An emergency ordinance authoriz- 16. Nays 0. Read second time. Read Nays 0. ing the Directors of Public Works and third time in full. Passed. Yeas 16. Finance to employ one or more tempo- Nays 0. Ord. No. 803-14. rary employment agencies to provide By Council Members Pruitt and professional services to supply tempo- Ord. No. 801-14. Kelley (by departmental request). rary and seasonal personnel for the By Council Members Zone and Kel- An emergency ordinance authoriz- Department of Public Works and the ley (by departmental request). ing the purchase by one or more Project Clean program and for the An emergency ordinance authoriz- requirement contracts of pumps, elec- ing the Director of Public Safety to Department of Finance, for a period tric motors, controls, transformers, employ one or more professional con- up to one year. circuit breakers, switchgear and sultants to perform an information Approved by Directors of Public appurtenances, and for materials, technology assessment and to pre- Works, Finance, Law; Passage recom- pare a five-year strategic plan, for the equipment, supplies, parts, and ser- mended by Committees on Municipal Department of Public Safety’s infor- vices necessary to test, maintain and Services and Properties, Finance. mation technology systems. repair water pumps, electric motors, The rules were suspended. Yeas Approved by Directors of Public controls, transformers, circuit break- 16. Nays 0. Read second time. Read Safety, Finance, Law; Passage recom- ers, switchgear and appurtenances, third time in full. Passed. Yeas 16. mended by Committees on Safety, including but not limited to inspec- Nays 0. Finance, when amended, as follows: tion, supplies, repairing, testing, 1. In the title, line 2; in Section 1, labor, and installation, if necessary, Ord. No. 811-14. first paragraph, line 1; and in Section for the Division of Water, Department By Council Member Cimperman. 1, second paragraph, lines 2 and 4, of Public Utilities, for a period up to An emergency ordinance designat- strike “Public Safety” and insert two years, with two options to renew ing the Wagner Awning Company “Finance”. for a one-year period, the first of Building (also known as the Cleve- 2. In Section 1, second paragraph, which is exercisable through addi- land-Akron Bag Company Factory) lines 6 and 7, strike “approved by tional legislative authority. as a Cleveland Landmark. the Director of Public Safety and Approved by Directors of Public Approved by Directors of City Plan- certified”, and insert “approved and Utilities, Finance, Law; Passage rec- ning Commission, Law; Passage rec- certified”. ommended by Committees on Utili- ommended by Committee on Develop- Amendments agreed to. ties, Finance. ment Planning and Sustainability. The rules were suspended. Yeas The rules were suspended. Yeas The rules were suspended. Yeas 16. Nays 0. Read second time. Read 16. Nays 0. Read second time. Read 16. Nays 0. Read second time. Read third time in full. Passed. Yeas 16. third time in full. Passed. Yeas 16. third time in full. Passed. Yeas 16. Nays 0. Nays 0. Nays 0.

SECOND READING ORDINANCES PASSED

Ord. No. 309-14. By Council Member Zone. An ordinance changing the Use, Area and Height Districts of lands located on the east side of West 117th Street and on both sides of West 116th Street south of Clifton Boulevard and along the railroad tracks as shown on the attached map to General Retail Business, Local Retail Business, Multi-Family Residential, Two Family Residential, a ‘B’, ‘C’ or ‘D’ Area District and a ‘1’, ‘2’ or ‘3’ Height District (Map Change No. 2478). Approved by Directors of City Planning Commission, Law; Passage recommended by Committee on Develop- ment, Planning and Sustainability, when amended, as follows: 1. Strike Section 4 in its entirety and insert the following: “Section 4. That the Use, Area and Heights Districts of lands bounded and described as follows: Beginning at the intersection of W. 116th Street and Clifton Boulevard; Thence southerly along the centerline of W. 116th Street to its intersection with the easterly prolongation of the southerly line of a parcel of land conveyed to Carisa White by deed dated April 14, 2000 and recorded in Auditor’s File Number 200004140021 said parcel also being known as 001-20-054; Thence westerly along said easterly prolongation and southerly line to its intersection with the westerly line thereof; Thence northerly along said westerly line to its intersection with the southerly line of a parcel of land conveyed to Holda Rosemary&Rose(Life Est by deed dated March 22, 1985 and recorded in Auditor’s File Number V85512860024 said parcel also being known as 001-20-055; 1055 48 The City Record July 23, 2014

Thence westerly along said southerly line to its intersection with the westerly line thereof; Thence northerly along said westerly line and its northerly prolongation to its intersection with the northerly line of a parcel of land conveyed to Mc Clelland Charles E and Mc Clelland Doris L by deed dated October 17, 1985 and recorded in Auditor’s File Number V85558430003 said parcel also being known as 001-20-056; Thence easterly along said northerly line and its easterly prolongation to its intersection with the centerline of W. 116th Street; Thence northerly along the centerline of W. 116th Street to its intersection with the place of origin; and as shaded on the attached map is changed to a Two Family District, a ‘B’ Area District and a ‘1’ Height District.”. 2. Strike the existing map and insert the following: PPPP1056

Amendments agreed to. The rules were suspended. Yeas 16. Nays 0. Read second time. Read third time in full. Passed. Yeas 16. Nays 0. In compliance with Section 33 of the Charter a copy of the legislation was furnished to each member of Coun- cil before final passage.

Ord. No. 400-14. The rules were suspended. Yeas recommended by Committee on By Council Member Zone. 16. Nays 0. Read second time. Read Development Planning and Sustain- An ordinance establishing a third time in full. Passed. Yeas 16. ability. Pedestrian Retail Overlay District Nays 0. The rules were suspended. Yeas (PRO) on lands located on the west In compliance with Section 33 of 16. Nays 0. Read second time. Read side of West 117th Street between the Charter a copy of the legislation third time in full. Passed. Yeas 16. Detroit Avenue and Madison Avenue was furnished to each member of Nays 0. (Map Change No. 2479). Council before final passage. Approved by Directors of City SECOND READING EMERGENCY Planning Commission, Law; Passage Ord. No. 630-14. RESOLUTIONS ADOPTED recommended by Committee on By Council Member Cimperman. Development, Planning and Sustain- An ordinance changing the Use ability, when amended, as follows: District of lands on the east side of Res. No. 1415-13. 1. In the title, line 3, and in Sec- W. 11th Street south of Kenilworth By Council Members Cimperman tion 1, line 1, strike “west side” and from Two Family Residential to Miller, Cleveland and Kelley (by insert “north and south sides of Residence Office District (Map departmental request). Detroit Avenue at West 117th Street Change No. 2490). An emergency resolution declar- and on the east side” in both places. Approved by Directors of City ing the intent to vacate a portion of Amendments agreed to. Planning Commission, Law; Passage West 20th Street (66.00 feet wide). 1056 July 23, 2014 The City Record 49

Approved by Directors of Capital Inc. for the public improvement of Withers, Directors Rush, Souther- Projects, City Planning Commission, the Harvard Yard Facility Improve- ington, Acting Director Odom and Finance, Law; Adoption recommend- ments, including a $53,400.00 contin- Director Rybka. ed by Committees on Public Service, gency allowance, all items, for the Nays: None. City Planning, Finance. Division of Water, Department of Absent: Mayor Jackson, Directors The rules were suspended. Yeas Public Utilities, received on April 23, Dumas and Nichols. 16. Nays 0. Read second time. Read 2014, under the authority of Ordi- third time in full. Adopted. Yeas 16. nance No. 1542-09, passed December Resolution No. 335-14. Nays 0. 7, 2009, upon a gross price for the By Director McGrath. improvement in the aggregate Whereas, under the authority of Res. No. 625-14. amount of $587,400.00, is affirmed Ordinance No. 1873-06, passed by the By Council Members Cimperman, and approved as the lowest respon- Cleveland City Council on March 12, K. Johnson and Brancatelli (by sible bid, and the Director of Public 2007, the City of Cleveland, through departmental request). Utilities is authorized to enter into the Director of Public Safety, An emergency resolution declar- a contract for the improvement with entered into an agreement with ing the intent to vacate a portion of the bidder. W.A.R.N., LLC., City Contract No. Keene Court S.W. Be it further resolved by the 68862, for a period of one year with Approved by Directors of Capital Board of Control of the City of one option to renew for an addi- Projects, City Planning Commission, Cleveland that the employment of tional one-year period, for profes- Finance, Law; Adoption recommend- the following subcontractors by sional services necessary to support, ed by Committees on Municipal Ser- EnviroCom Construction, Inc. for the acquire, maintain, and update the vices and Properties, Development above-mentioned public improve- Wide Area Rapid Notification mes- Planning and Sustainability. ment is approved: sage alerting system for the various The rules were suspended. Yeas divisions within the Department of 16. Nays 0. Read second time. Read SUBCONTRACTOR WORK Public Safety; and third time in full. Adopted. Yeas 16. PERCENTAGE Nays 0. Whereas, division (d) of Section 181.102 C.O. authorizes a director to Imperial Mechanical, Inc. enter into an agreement with a soft- MOTION (FBE) $75,000.00 12.768% ware vendor for professional ser- On the motion of Council Member vices necessary to implement or Keane, the absences of Council London Road Electric TBD maintain the software including, but Member Anthony Brancatelli is here- TBD not limited to, maintenance, repair, by authorized. Seconded by Council upgrade, enhancements, and techni- Member Cleveland. Yeas: Director Langhenry, Acting cal support; and Directors Johnson, Saunders, Direc- Whereas, under the authority of The Council Meeting adjourned at tors Cox, Parrilla, Acting Director Section 181.102 C.O., the City intends 6:40 p.m. to meet at the call of the Withers, Directors Rush, Souther- to enter into an agreement with chair. ington, Acting Director Odom and W.A.R.N., LLC to obtain the profes- Director Rybka. sional maintenance and technical Nays: None. support services necessary to main- Absent: Mayor Jackson, Directors tain the Wide Area Rapid Notifica- Dumas and Nichols. tion message alerting system for one year starting July 1, 2014; now, Resolution No. 334-14. therefore, By Director Smith. Be it resolved by the Board of Whereas, under the authority of Control of the City of Cleveland that Ordinance No. 605-12, passed by the under division(e) of Section 181.102 Patricia J. Britt Council of the City of Cleveland on C.O., the compensation to be paid for City Clerk, Clerk of Council August 8, 2012, and Board of Control maintenance and technical support Resolution No. 372-13, as amended by services to be performed under the THE CALENDAR Resolution No. 442-13, adopted July agreement with W.A.R.N., LLC is 3, 2013 and July 31, 2013, respec- fixed at an amount not to exceed tively, the City, through its Director $140,000.00. The following measures will be on of Port Control entered into City Yeas: Director Langhenry, Acting their final passage at the next meet- Contract No. NF2013*040 (“Con- Directors Johnson, Saunders, Direc- ing: tract”) with Standard Parking Cor- tors Cox, Parrilla, Acting Director NONE poration to provide professional ser- Withers, Directors Rush, Souther- vices necessary to operate the Air- ington, Acting Director Odom and port Valet Service, at Cleveland BOARD OF CONTROL Director Rybka. Hopkins International Airport, for Nays: None. the Department of Port Control; and Absent: Mayor Jackson, Directors Whereas, Article 5.9 of the Con- Dumas and Nichols. July 16, 2014 tract provides that the rates to be charged for valet parking services Resolution No. 336-14. shall be set by the City through res- The Regular meeting of the Board By Director Rush. olution of this Board of Control; of Control convened in the Mayor’s Whereas, under Ordinance No. office on Wednesday, July 16, 2014 now, therefore, 2076-76 passed October 25, 1976, the at 10:41 a.m. with Director Langhen- Be it resolved by the Board of City is conducting a Land Reuti- ry presiding. Control of the City of Cleveland that lization Program (“Program”) Present: Director Langhenry, Act- under Article 5.9 of the Contract according to the provisions of Chap- ing Directors Johnson, Saunders, between the City of Cleveland and Directors Cox, Parrilla, Acting Standard Parking Corporation, the ter 5722 of the Ohio Revised Code; Director Withers, Directors Rush, rates to be charged under City Con- and Southerington, Acting Director tract No. NF2013*040 for valet park- Whereas, under the Program, the Odom and Director Rybka. ing services at Cleveland Hopkins City has acquired Permanent Parcel Absent: Mayor Jackson, Directors International Airport are fixed, No. 007-26-065 located at 3102 Walton Dumas and Nichols. effective July 1, 2014, at those set Avenue; and Others: D. Anthony, Acting Direc- forth in the following schedule: Whereas, Section 183.021 of the tor, Office of Equal Opportunity. Codified Ordinances of Cleveland, Tiffany White, Commissioner, Valet Parking: Ohio, 1976 authorizes the Commis- Division of Purchases & Supplies. sioner of Purchases and Supplies, On motions, the following resolu- Parking Rate $25.00 per day when directed by the Director of tions were adopted, except as may Lost Ticket Fee Up to $25.00 Community Development and when be otherwise noted. per day certain specified conditions have NSF Check Fee $25.00 been met, to sell Land Reutilization Resolution No. 333-14. Grace Period None Program parcels; and By Director Bender. Whereas, Marisol Rodriguez has Be it resolved by the Board of Yeas: Director Langhenry, Acting proposed to the City to purchase and Control of the City of Cleveland that Directors Johnson, Saunders, Direc- develop the parcel for yard expan- the bid of EnviroCom Construction, tors Cox, Parrilla, Acting Director sion; and 1057 50 The City Record July 23, 2014

Whereas, the following conditions SCHEDULE OF THE BOARD 2. Section 357.01(a) states that a exist: OF ZONING APPEALS front yard equal to 15% of the lot 1. The member of Council from depth is required and 4 feet are pro- Ward 14 has either approved the posed. Also, no rear and side yards proposed sale or has not disap- are proposed. proved or requested a hold of the MONDAY, AUGUST 11, 2014 3. Section 357.09(b)(2) states that proposed sale within 45 days of noti- no building may be erected within fication of it; 9:30 A.M. 10 feet of main building on another 2. The proposed purchaser of the lot and the proposed dwelling units parcel is neither tax delinquent nor Calendar No. 14-117: 1201 Auburn on separate lots are connected. in violation of the Building and Avenue, Parking and Common 4. Per Section 353.01 the maximum Housing Code; now, therefore, Area (Ward 3) height of a building in a ‘1’ Height Be it resolved by the Board of City of Cleveland Land Reutiliza- District is 35 feet and 36 to 43 feet Control of the City of Cleveland that tion, owner, Chelsea Investment are proposed. (Filed July 3, 2014) under Section 183.021 of the Codified Partners prospective purchaser pro- Ordinances of Cleveland, Ohio, 1976, poses to establish use as parking, Calendar No. 14-120: 1201 Auburn the Commissioner of Purchases and vehicle access, trash area, and com- Supplies is authorized, when direct- Avenue, Unit 3 (Ward 3) mon area for nine townhouses locat- Chelsea Investment Partners, ed by the Director of Community ed on separate lots, on a parcel that Development, and the Mayor is owner, proposes to construct a 2,046 is located in a B1 Two Family Res- square foot, four story dwelling unit requested, to execute an Official idential District. The owner appeals Deed for and on behalf of the City on a 549 square foot lot in a B1 Two for relief from the strict application of Cleveland, with Marisol Family Residential District. The of the following sections of the Rodriguez for the sale and develop- owner appeals for relief from the Cleveland Codified Ordinances: ment of Permanent Parcel No. 007- strict application of the following 1. Per Section 337.03 vehicle 26-065 located at 3102 Walton sections of the Cleveland Codified Avenue, according to the Land access, trash area and common area Ordinances: Reutilization Program in such man- as main and exclusive use of a lot 1. Per Section 355.04, the minimum ner as best carries out the intent of in a Two Family District is not per- lot size for a single family dwelling the program. mitted. is 4,800 and 549 feet are proposed. Be it further resolved that the con- 2. Section 349.16(c) states that The maximum gross floor area is sideration for the sale of the parcel parking as a main use in a resi- limited to 1/2 the lot area and 2,046 shall be $200.00, which amount is dential district requires review and square feet are proposed. The mini- determined to be not less than the approval from the Board of zoning mum street frontage required is 40 fair market value of the parcel for Appeals. (Filed July 3, 2014) feet and none are proposed. uses according to the Program. 2. Section 357.01(a) states that a Yeas: Director Langhenry, Acting Calendar No. 14-118: 1201 Auburn front yard equal to 15% of the lot Directors Johnson, Saunders, Direc- Avenue, Unit 1 (Ward 3) depth is required and 4 feet are pro- tors Cox, Parrilla, Acting Director Chelsea Investment Partners, posed. Also, no rear and side yards Withers, Directors Rush, Souther- owner, proposes to construct a 2,046 are proposed. ington, Acting Director Odom and square foot, four story dwelling unit 3. Section 357.09(b)(2) states that Director Rybka. on a 549 square foot lot in a B1 Two no building may be erected within Nays: None. Family Residential District. The 10 feet of main building on another Absent: Mayor Jackson, Directors owner appeals for relief from the lot and the proposed dwelling units Dumas and Nichols. strict application of the following on separate lots are connected. sections of the Cleveland Codified JEFFREY B. MARKS, 4. Per Section 353.01 the maximum Secretary Ordinances: height of a building in a ‘1’ Height 1. Per Section 355.04, the minimum District is 35 feet and 36 to 43 feet lot size for a single family dwelling are proposed. (Filed July 3, 2014) CIVIL SERVICE NOTICES is 4,800 and 549 feet are proposed. The maximum gross floor area is Calendar No. 14-121: 1201 Auburn ______limited to 1/2 the lot area and 2,046 Avenue, Unit 4 (Ward 3) General Information square feet are proposed. The mini- Chelsea Investment Partners, Application blanks and informa- mum street frontage required is 40 owner, proposes to construct a 2,046 tion, regarding minimum entrance feet and none are proposed. square foot, four story dwelling unit qualifications, scope of examination, 2. Section 357.01(a) states that a on a 549 square foot lot in a B1 Two and suggested reference materials front yard equal to 15% of the lot Family Residential District. The may be obtained at the office of the depth is required and 4 feet are pro- owner appeals for relief from the Civil Service Commission, Room 119, posed. Also, no rear and side yards strict application of the following City Hall, East 6th Street, and Lake- are proposed. sections of the Cleveland Codified side Avenue. 3. Section 357.09(b)(2) states that Ordinances: no building may be erected within 1. Per Section 355.04, the minimum Application blanks must be prop- 10 feet of main building on another lot size for a single family dwelling erly filled out on the official form lot and the proposed dwelling units is 4,800 and 549 feet are proposed. prescribed by the Civil Service Com- on separate lots are connected. The maximum gross floor area is mission and filed at the office of the 4. Per Section 353.01 the maximum limited to 1/2 the lot area and 2,046 commission not later than the final height of a building in a ‘1’ Height square feet are proposed. The mini- closing date slated in the examina- District is 35 feet and 36 to 43 feet mum street frontage required is 40 tion announcement. are proposed. (Filed July 3, 2014) feet and none are proposed. 2. Section 357.01(a) states that a EXAMINATION RESULTS: Each Calendar No. 14-119: 1201 Auburn front yard equal to 15% of the lot applicant whether passing or failing Avenue, Unit 2 (Ward 3) depth is required and 4 feet are pro- will be notified of the results of the Chelsea Investment Partners, posed. Also, no rear and side yards examination as soon as the commis- owner, proposes to construct a 2,046 are proposed. sion has graded the papers. There- square foot, four story dwelling unit 3. Section 357.09(b)(2) states that after, eligible lists will be estab- on a 549 square foot lot in a B1 Two no building may be erected within lished which will consist of the Family Residential District. The 10 feet of main building on another names of those candidates who have owner appeals for relief from the lot and the proposed dwelling units been successful in all parts of the strict application of the following on separate lots are connected. examination. sections of the Cleveland Codified 4. Per Section 353.01 the maximum Ordinances: height of a building in a ‘1’ Height PHYSICAL EXAMINATION: All 1. Per Section 355.04, the minimum District is 35 feet and 36 to 43 feet candidates for original entrance po- lot size for a single family dwelling are proposed. (Filed July 3, 2014) sitions who are successful in other is 4,800 and 549 feet are proposed. parts of the examinations must sub- The maximum gross floor area is Calendar No. 14-122: 1201 Auburn mit to a physical examination. limited to 1/2 the lot area and 2,046 Avenue, Unit 5 (Ward 3) square feet are proposed. The mini- Chelsea Investment Partners, ROBERT BENNETT, mum street frontage required is 40 owner, proposes to construct a 2,046 President feet and none are proposed. square foot, four story dwelling unit 1058 July 23, 2014 The City Record 51 on a 549 square foot lot in a B1 Two 10 feet of main building on another 20 percent of the wall area and 7'- Family Residential District. The lot and the proposed dwelling units 6" are proposed. (Filed July 9, 2014) owner appeals for relief from the on separate lots are connected. strict application of the following 4. Per Section 353.01 the maximum Calendar No. 14-130: 1980 West 4th sections of the Cleveland Codified height of a building in a ‘1’ Height Street (Ward 5) Ordinances: District is 35 feet and 36 to 43 feet Allied Corporation, owner, propos- 1. Per Section 355.04, the minimum are proposed. (Filed July 3, 2014) es to install a 14' x 48' digital auto- lot size for a single family dwelling matic changeable copy billboard is 4,800 and 549 feet are proposed. Calendar No. 14-125: 1201 Auburn face on an existing 180' monopole The maximum gross floor area is Avenue, Unit 8 (Ward 3) sign structure located in an E5 Gen- limited to 1/2 the lot area and 2,046 Chelsea Investment Partners, eral Industry District. The owner square feet are proposed. The mini- owner, proposes to construct a 2,046 appeals for relief from the strict mum street frontage required is 40 square foot, four story dwelling unit application of Section 350.10(j) feet and none are proposed. on a 549 square foot lot in a B1 Two which states that billboards shall 2. Section 357.01(a) states that a Family Residential District. The not include automatic changeable front yard equal to 15% of the lot owner appeals for relief from the copy signs. (Filed July 9, 2014) depth is required and 4 feet are pro- strict application of the following posed. Also, no rear and side yards sections of the Cleveland Codified POSTPONED FROM JULY 14, 2014 are proposed. Ordinances: Violation Notice 3. Section 357.09(b)(2) states that 1. Per Section 355.04, the minimum Calendar No. 14-102: 2165 E. 55th no building may be erected within lot size for a single family dwelling Street (Ward 5) 10 feet of main building on another is 4,800 and 549 feet are proposed. Abeco-Ayad Inc., appeals under lot and the proposed dwelling units The maximum gross floor area is the authority of Section 76-6(b) of on separate lots are connected. limited to 1/2 the lot area and 2,046 the Charter of the City of Cleveland 4. Per Section 353.01 the maximum square feet are proposed. The mini- and Section 329.02(d) of the Cleve- height of a building in a ‘1’ Height mum street frontage required is 40 land Codified Ordinances from the District is 35 feet and 36 to 43 feet feet and none are proposed. decision of Cleveland Department of are proposed. (Filed July 3, 2014) 2. Section 357.01(a) states that a Building and Housing to issue a front yard equal to 15% of the lot Notice of Violation, #V14047002, on Calendar No. 14-123: 1201 Auburn depth is required and 4 feet are pro- June 6, 2014 for failure to comply Avenue, Unit 6 (Ward 3) posed. Also, no rear and side yards with Sections 350.04 and 350.18 of Chelsea Investment Partners, are proposed. the Cleveland Codified Ordinances, owner, proposes to construct a 2,046 3. Section 357.09(b)(2) states that regarding illegal signage on the square foot, four story dwelling unit no building may be erected within south and west facades of the build- on a 549 square foot lot in a B1 Two 10 feet of main building on another ing. Family Residential District. The lot and the proposed dwelling units owner appeals for relief from the on separate lots are connected. strict application of the following 4. Per Section 353.01 the maximum Secretary sections of the Cleveland Codified height of a building in a ‘1’ Height Ordinances: District is 35 feet and 36 to 43 feet 1. Per Section 355.04, the minimum are proposed. (Filed July 3, 2014) REPORT OF THE BOARD lot size for a single family dwelling OF ZONING APPEALS is 4,800 and 549 feet are proposed. Calendar No. 14-126: 1201 Auburn The maximum gross floor area is Avenue, Unit 9 (Ward 3) limited to 1/2 the lot area and 2,046 Chelsea Investment Partners, MONDAY, JULY 21, 2014 square feet are proposed. The mini- owner, proposes to construct a 2,046 mum street frontage required is 40 square foot, four story dwelling unit At the meeting of the Board of feet and none are proposed. on a 549 square foot lot in a B1 Two Zoning Appeals on Monday, July 21, 2. Section 357.01(a) states that a Family Residential District. The 2014, the following appeals were front yard equal to 15% of the lot owner appeals for relief from the scheduled for hearing before the depth is required and 4 feet are pro- strict application of the following Board. posed. Also, no rear and side yards sections of the Cleveland Codified are proposed. Ordinances: The following appeals were 3. Section 357.09(b)(2) states that 1. Per Section 355.04, the minimum APPROVED: no building may be erected within lot size for a single family dwelling 10 feet of main building on another is 4,800 and 549 feet are proposed. Calendar No. 14-105: 423 East 156th lot and the proposed dwelling units The maximum gross floor area is Street on separate lots are connected. limited to 1/2 the lot area and 2,046 Zygote Press, owner, appealed to 4. Per Section 353.01 the maximum square feet are proposed. The mini- change the use of the basement and height of a building in a ‘1’ Height mum street frontage required is 40 1st floor of a single family home to District is 35 feet and 36 to 43 feet feet and none are proposed. a print shop located in a Local are proposed. (Filed July 3, 2014) 2. Section 357.01(a) states that a Retail Business District. front yard equal to 15% of the lot Calendar No. 14-124: 1201 Auburn depth is required and 4 feet are pro- Calendar No. 14-107: 15450 Saint Clair Avenue, Unit 7 (Ward 3) posed. Also, no rear and side yards Avenue Chelsea Investment Partners, are proposed. Abdullah Tayeh, owner, appealed owner, proposes to construct a 2,046 3. Section 357.09(b)(2) states that to change the use to a furniture and square foot, four story dwelling unit no building may be erected within appliance store in a Local Retail on a 549 square foot lot in a B1 Two 10 feet of main building on another Business District. Family Residential District. The lot and the proposed dwelling units owner appeals for relief from the on separate lots are connected. Calendar No. 14-108: 2425 West 11th strict application of the following 4. Per Section 353.01 the maximum Street sections of the Cleveland Codified height of a building in a ‘1’ Height OLM, LLC, owner, appealed to Ordinances: District is 35 feet and 36 to 43 feet change the use of the main building 1. Per Section 355.04, the minimum are proposed. (Filed July 3, 2014) from church and school to office and lot size for a single family dwelling to construct a garage to be used as is 4,800 and 549 feet are proposed. Calendar No. 14-129: 4107 Henritze a warehouse in a Two-Family Resi- The maximum gross floor area is Avenue (Ward 13) dential District. limited to 1/2 the lot area and 2,046 Huda Harris, owner, proposes to square feet are proposed. The mini- enclose an existing 7'-6" x 22'-3" The following appeal was mum street frontage required is 40 open porch to existing single fami- DENIED: feet and none are proposed. ly residence located in a B1 Two 2. Section 357.01(a) states that a Family Residential District. The Calendar No. 14-103: 5133 Pearl Road front yard equal to 15% of the lot owner appeals for relief from Sec- Pearlbrook Park, owner, appealed depth is required and 4 feet are pro- tion 357.13(b)(4) of the Cleveland to erect 131 square foot free-stand- posed. Also, no rear and side yards Codified Ordinances which states ing business identification sign are proposed. that enclosed porches shall not pro- where 75 square feet are permitted 3. Section 357.09(b)(2) states that ject more than 4 feet and the total in a General Retail Business Dis- no building may be erected within vertical area shall not be more than trict. 1059 52 The City Record July 23, 2014

The following appeals were REPORT OF THE BOARD Docket A-101-14. WITHDRAWN: RE: Appeal of Sigdan and Catali- OF BUILDING STANDARDS na Andino, Owners of the Two None. AND BUILDING APPEALS Dwelling Units Two-Family Resi- dence Two & One/half Story Frame The following appeal was DIS- Property and Shed, located on the premises known as 2227 Forestdale MISSED: Re: Report of the Meeting of Avenue (aka 2227-29 Forestdale July 16, 2014 Avenue) from a CONDEMNATION Calendar No. 14-106: 7202 Hague ORDER — MAIN STRUCTURE & Avenue As required by the provisions of SHED, dated April 28, 2014 of the Deda Shpresa, owner, proposed to Section 3103.20(2) of the Codified Director of the Department of Build- change use from retail store to Ordinances of the City of Cleveland, ing and Housing, requiring compli- metal fabricating. Ohio 1976, the following brief of ance with the Codified Ordinances action of the subject meeting is of the City of Cleveland and the The following appeals were POST- given for publication in the City Ohio Building Code (OBC). PONED: Record: BE IT RESOLVED, a motion is in order at this time to DENY the Calendar No. 14-77: 16625 Euclid * * * request for additional time and to Avenue REMAND the property to the SNS Properties, LLC. Postponed to Docket A-94-14. Department of Building and Hous- October 6th. RE: Appeal of Sylvester Stewart, ing for supervision and any further Owner of the Property, located on action, noting the potential hazards the premises known as 1847 East on the property from storms, fires, Calendar No. 14-109: 2089 West 19th 87th Street from a NOTICE OF VIO- Street and vandalism. Motion so in order. LATION, dated April 16, 2014, of the Motioned by Mr. Bradley and sec- DI Development, LLC. Postponed Director of the Department of Build- onded by Mr. Gallagher. to July 28th. ing and Housing, requiring compli- Yeas: Messrs. Denk, Gallagher, ance with the Codified Ordinances Saab, Bradley, Maschke. Nays: None. The following upcoming appeal of the City of Cleveland and the was postponed/rescheduled from Ohio Building Code (OBC). * * * July 28, 2014 to August 25 , 2014: Docket A-94-14 has been POST- PONED; to be rescheduled for July Docket A-102-14. 30, 2014. Calendar No. 14-095: Antonio Ortiz RE: Appeal of LaPine Truck 4207 Clark Avenue. Postponed to Sales, Owner of the Property, locat- * * * August 25, 2014. ed on the premises known as 1400 Brookpark Road from an ADJUDI- Docket A-98-14. The following appeals were heard CATION ORDER, dated April 30, RE: Appeal of Clara L. Class, by the Board on July 14, 2014 and 2014 of the Director of the Depart- Owner of the One Dwelling Unit Sin- the decisions were adopted and ment of Building and Housing, gle-Family Residence Two & approved on July 21, 2014; requiring compliance with the Codi- One/half Story Frame Property, fied Ordinances of the City of Cleve- located on the premises known as The following appeals were 1454 West 75th Street from a land and the Ohio Building Code APPROVED: VACATE ORDER, dated April 16, (OBC). 2014 of the Director of the Depart- There will be no action taken by Calendar No. 14-100: 1645 Brainard ment of Building and Housing, the Board at this time, the docket Avenue requiring compliance with the Codi- will remain open and be rescheduled Sotre Properties, owner, appealed fied Ordinances of the City of Cleve- when notified by the Appellant. to erect a 4 car garage with land and the Ohio Building Code attic/storage above on an irregular (OBC). * * * shaped parcel located in a C1 Multi- No action this date; the docket is Family District. rescheduled for July 30, 2014. Docket A-103-14. RE: Appeal of Lauri Ortiz, Owner Calendar No. 14-101: 3627 West Park * * * of the Two Dwelling Units Two- Avenue Family Residence Two & One/half Terrence Dobro, owner, appealed Docket A-99-14. Story Frame Property, located on to erect a 6 foot high fence in the RE: Appeal of Simon the premises known as 1818 Forest- actual side yard of a corner parcel Roofing/Vross Simon, LLC, Owner dale Avenue from a NOTICE OF located in a B1 Two Family Resi- of the Property, located on the VIOLATION — EXTERIOR MAIN- dential District premises known as 13309-11 Union TENANCE, dated April 28, 2014 of Avenue from a NOTICE OF VIOLA- the Director of the Department of Building and Housing, requiring Calendar No. 14-007: Jay Street TION — FIRE CODE, dated April 10, 2014 of the Chief of the Division compliance with the Codified Ordi- 2515 Company, LLC, owner, of Fire, requiring compliance with nances of the City of Cleveland and appealed to construct a new parking the Codified Ordinances of the City the Ohio Building Code (OBC). lot in a Local Retail Business Dis- of Cleveland and the Ohio Building BE IT RESOLVED, a motion is in trict. Code (OBC). order at this time to DENY the Docket A-99-14 has been POST- appeal for additional time and to The following appeals were PONED; to be rescheduled for Sep- REMAND the property to the DENIED: tember 29, 2014. Department of Building and Hous- ing for supervision and any required None. * * * further action, noting the condition of the property, the lack of any The following appeal was WITH- Docket A-100-14. improvements to date, and the DRAWN: RE: Appeal of EFPM LLC, Owner absence of the Appellant at the of the One Dwelling Unit Single- hearing. Motion so in order. Calendar No. 14-68: 3891 East 131st Family Residence Two & One/half Motioned by Mr. Maschke and sec- Street Story Frame Property, located on onded by Mr. Gallagher. Southern Whips, owner, appealed the premises known as 3417 East Yeas: Messrs. Denk, Gallagher, Saab, Bradley, Maschke. Nays: None. to establish use for used car sales 93rd Street from a NOTICE OF VIO- LATION — EXTERIOR MAINTE- on a corner parcel in a B1 Local NANCE, dated April 11, 2014 of the * * * Retail Business District. Director of the Department of Build- ing and Housing, requiring compli- Docket A-104-14. The following appeals were DIS- ance with the Codified Ordinances RE: Appeal of Virgil Sizemore, MISSED: of the City of Cleveland and the Owner of the R-2 Residential — Non- Ohio Building Code (OBC). transient; Apartments (Shared None. Docket A-100-14 has been POST- Egress) Two & One/half Story PONED; to be rescheduled for July Frame Property, located on the Secretary 30, 2014. premises known as 6415 Heisley 1060 July 23, 2014 The City Record 53

Avenue from a NOTICE OF VIOLA- APPROVAL OF RESOLUTIONS: read in Room 128, City Hall, imme- TION — EXTERIOR MAINTE- diately thereafter. NANCE, dated April 29, 2014 of the Separate motions were entered by Each bid must be made in accor- Director of the Department of Build- Mr. Maschke and seconded by Mr. dance with the specifications and ing and Housing, requiring compli- Gallagher for Approval and Adop- must be submitted on the blanks ance with the Codified Ordinances tion of the Resolutions as presented supplied for the purpose, all of of the City of Cleveland and the by the Secretary for the following Ohio Building Code (OBC). Dockets respectively, subject to the which may be obtained at the office BE IT RESOLVED, a motion is in Codified Ordinances of the City of of the said Commissioner of Pur- order at this time to grant the Cleveland and the Ohio Building chases and Supplies, but no bid will Appellant until October 30, 2014 in Code (OBC): be considered unless delivered to which to complete abatement of the the office of the said commissioner violations, noting that the Violation A-79-14 — Barbara Rohman previous to 12:00 noon (Eastern Notice was properly issued, the prop- A-86-14 — Edward Callahan Standard Time) on the date speci- erty is REMANDED at this time to A-89-14 — NYCB Mortgage Com- fied in the schedule. the Department of Building and pany, LLC 187.10 Negotiated contracts; Notice A-92-14 — Ada Martin Housing for supervision and any required in Advertisement for Bids. A-93-14 — Joyce Pring required further action. Motion so in Where invitations for bids are A-97-14 — Xiang Wu order. Motioned by Mr. Bradley and advertised, the following notice seconded by Mr. Gallagher. A-112-14 — GEIS Companies shall be included in the advertise- Yeas: Messrs. Denk, Gallagher, A-126-14 — Hofbrauhaus Cleveland ment: “Pursuant to the MBE/FBE Saab, Bradley, Maschke. Nays: None. LLC Code, each prime bidder, each minor- * * * Yeas: Messrs. Denk, Gallagher, ity business enterprise (“MBE”) and Saab, Bradley, Maschke. Nays: None. each female business enterprise Docket A-127-14. (“FBE”) must be certified before RE: Appeal of Cuyahoga County * * * doing business with the City. There- Board of Commissioners C/O Depart- fore, any prime contractor wishing APPROVAL OF MINUTES: ment of Public Works, Owner of the to receive credit for using an MBE I-3 Institutional — Incarcerated; or FBE should ensure that applica- Jails, Detention Centers Property, Separate motions were entered by Mr. Gallagher and seconded by Mr. tions for certification as to MBE or located on the premises known as Bradley Approval and Adoption of FBE status compliance with the 1215-65 West 3rd Street (aka Cuya- the Minutes as presented by the Sec- Code, affirmative action in employ- hoga County Jail (Kitchen) from a retary, subject to the Codified Ordi- ment and, if applicable, joint ven- NOTICE OF VIOLATION — ELE- nances of the City of Cleveland and ture status, are submitted to the of - VATOR CODE, dated June 10, 2014, the Ohio Building Code (OBC): of the Director of the Department of fice of Equal Opportunity (“OEO”) Building and Housing, requiring prior to the date of bid opening or July 2, 2014 compliance with the Codified Ordi- submission of proposals or as speci - nances of the City of Cleveland and fied by the Director. Failure to com- Yeas: Messrs. Denk, Gallagher, the Ohio Building Code (OBC). ply with the business enterprise Saab, Bradley, Maschke. Nays: None. code or with representations made BE IT RESOLVED, a motion is in * * * on these forms may result in can- order at this time to grant the vari- cellation of the contract or other ance and permit the ladder to be JOSEPH F. DENK civil or criminal penalties.” used for roof access only, and that Chairman the ladder will be stored in the ele- FRIDAY, AUGUST 1, 2014 vator equipment room with the understanding that in any instance File No. 91-14 — Near West Theatre when the ladder is accessed, it will PUBLIC NOTICE Parking Lot Improvements, for be by a company employee familiar the Division of Architecture and with the elevator operations. Motion Site Development, Department of so in order. Motioned by Mr. Gal- The City of Cleveland’s Department Public Works and the Mayor’s lagher and seconded by Mr. Saab. of Economic Development is soliciting Office of Capital Projects, as Yeas: Messrs. Denk, Gallagher, proposals from qualified firms for the authorized by Ordinance No. 872- Saab, Bradley, Maschke. Nays: None. redevelopment of three vacant parcels 08, passed by the Council of the on East 152nd Street in Cleveland, Ohio. City of Cleveland, June 9, 2008. * * * Deadline for submission of proposals *THERE WILL BE A NON- is August 8, 2014; there is a non- REFUNDABLE FEE FOR PLANS EXTENSION OF TIME: mandatory pre-proposal conference on AND SPECIFICATIONS IN THE July 24, 2014. For more information: AMOUNT OF TWENTY-FIVE Docket A-30-14. http://www.city.cleveland.oh.us/CityofCle DOLLARS ($25.00) ONLY IN THE Daryl Williams & Charles Scott — veland/Home/Government/CityAgencies/ FORM OF A CASHIER’S CHECK 1643 Avalon Road: EconomicDevelopment.mmmmmmmmmm OR A MONEY ORDER (NO COM- Docket A-30-14 has been POST- _____ PANY CHECKS, NO CASH AND PONED; to be rescheduled for July July 9, 2014, July 16, 2014, July 23, NO CREDIT CARDS WILL BE 30, 2041. 2014, July 30, 2014 and August 6, ACCEPTED TO PURCHASE 2014 PLANS). * * * THERE WILL BE A NON-MANDA- TORY PRE-BID MEETING Docket A-58-14. NOTICE OF PUBLIC HEARING THURSDAY, JULY 24, 2014 AT Robert Cangami — 4537 West 10:00 A.M. CLEVELAND CITY 148th Street: HALL, ROOM 517A, 601 LAKE- A motion is in order at this time NONE SIDE AVENUE, CLEVELAND, to grant the Appellant until August OHIO 44114. 15, 2014 in which to complete abate- *Bidders must purchase plans and ment of the violations, with no addi- specifications directly from the tional time to be awarded; the prop- CITY of CLEVELAND BIDS office of the Commissioner of erty is REMANDED at this time to Purchases and Supplies. Only reg- the Department of Building and istered Plan Holders will receive Housing for supervision and any Addenda. Bids cannot be accept- required further action, noting that For All Departments ed from Bidders who only pur- the Appellant should be prepared at chase plans from other entities this time to obtain all required per- Sealed bids will be received at the such as Plan Rooms and/or who mits. Motion so in order. Motioned fail to register to be on the City office of the Commissioner of Pur- by Mr. Gallagher and seconded by of Cleveland Plan Holders List. Mr. Saab. chases and Supplies, Room 128, City Yeas: Messrs. Denk, Gallagher, Hall, in accordance with the append- Saab, Bradley, Maschke. Nays: None. ed schedule, and will be opened and July 16, 2014 and July 23, 2014 1061 54 The City Record July 23, 2014

FRIDAY, AUGUST 8, 2014 THERE WILL BE A NON-MANDA- Be it resolved by the Council of TORY PRE-BID MEETING FRI- the City of Cleveland: File No. 92-14 — Demolishing Exist- DAY, JULY 25, 2014 AT 10:00 A.M. Section 1. That this Council ing and Constructing New Incin- MOTOR VEHICLE MAINTE- declares its intent to vacate a portion erator Pump Station on West 3rd NANCE, 4150 EAST 49TH of the following described real prop- Street (Re-Bid), for the Division STREET, CLEVELAND, OHIO erty: of Water Pollution Control, 44105. Department of Public Utilities, as Portion of West 20th Street authorized by Ordinance No. 888- File No. 95-14 — Purchase of Vari- Situated in the City of Cleveland, 12, passed by the Council of the ous Dump Bodies, Spreaders and County of Cuyahoga and State of Ohio City of Cleveland, June 9, 2008. Plow Equipment Parts and Labor, and being all that portion of West *THERE WILL BE A NON- for the Division of Motor Vehicle 20th Street (66.00 feet wide) extend- REFUNDABLE FEE FOR PLANS Maintenance, Department of Pub- ing from the northerly line of that vacated portion of Franklin Avenue AND SPECIFICATIONS IN THE lic Works, as authorized by Sec- N.W. (60.00 feet wide) and West 20th AMOUNT OF FIFTY DOLLARS tion 131.64 of the Codified Ordi- Street (66 feet wide) as shown in Vol- ($50.00) ONLY IN THE FORM OF nances of Cleveland, Ohio, 1976. ume 202 of Maps, page 59 of Cuyahoga A CASHIER’S CHECK OR A THERE WILL BE A NON-MANDA- County Records, northerly to its MONEY ORDER (NO COMPANY TORY PRE-BID MEETING FRI- northerly terminus. CHECKS, NO CASH AND NO DAY, JULY 25, 2014 AT 10:30 A.M. Legal Description approved by CREDIT CARDS WILL BE MOTOR VEHICLE MAINTE- Greg Esber, Section Chief, Plats, Sur- ACCEPTED TO PURCHASE NANCE, 4150 EAST 49TH veys and House Numbering Section. PLANS). STREET, CLEVELAND, OHIO Section 2. That this resolution is THERE WILL BE A NON-MANDA- 44105. declared to be an emergency measure TORY PRE-BID MEETING MON- and, provided it receives the affirma- DAY, JULY 28, 2014 AT 10:00 A.M. tive vote of two-thirds of all the mem- THE DIVISION OF WATER POL- July 16, 2014 and July 23, 2014 FRIDAY, AUGUST 29, 2014 bers elected to Council, it shall take LUTION CONTROL, 12302 KIRBY effect and be in force immediately AVENUE, CLEVELAND, OHIO File No. 96-14 — Sanitary Force upon its adoption and approval by the 44108. Mayor; otherwise it shall take effect *Bidders must purchase plans and Main Rehabilitation, for the Divi- sion of Burke Lakefront Airport, and be in force from and after the ear- specifications directly from the liest period allowed by law. office of the Commissioner of Department of Port Control, as authorized by Ordinance No. 745- Adopted July 16 , 2014. Purchases and Supplies. Only reg- 13, passed by the Council of the Effective July 21, 2014. istered Plan Holders will receive City of Cleveland, July 10, 2013. Addenda. Bids cannot be accept- *THERE WILL BE A NON- ed from Bidders who only pur- REFUNDABLE FEE FOR PLANS chase plans from other entities AND SPECIFICATIONS IN THE Res. No. 625-14. such as Plan Rooms and/or who AMOUNT OF ONE HUNDRED By Council Members Cimperman, fail to register to be on the City DOLLARS ($100.00) ONLY IN K. Johnson and Brancatelli (by of Cleveland Plan Holders List. THE FORM OF A CASHIER’S departmental request). CHECK OR A MONEY ORDER An emergency resolution declaring File No. 93-14 — The Milligan (NO COMPANY CHECKS, NO the intent to vacate a portion of Avenue Area Sewer Rehabilita- CASH AND NO CREDIT CARDS Keene Court S.W. tion and Replacement Project, for WILL BE ACCEPTED TO PUR- Whereas, this Council is satisfied the Division of Water Pollution CHASE PLANS). that there is good cause to vacate a Control, Department of Public THERE WILL BE A NON-MANDA- portion of Keene Court S.W., as Utilities, as authorized by Ordi- TORY PRE-BID MEETING described; and nance No. 615-13, passed by the WEDNESDAY, AUGUST 13, 2014 Whereas, this resolution consti- Council of the City of Cleveland, AT 2:00 P.M. BURKE LAKE- tutes an emergency measure provid- May 23, 2013. FRONT AIRPORT, EXECUTIVE ing for the usual daily operation of a *THERE WILL BE A NON- CONFERENCE ROOM, 1501 municipal department; now, there- REFUNDABLE FEE FOR PLANS NORTH MARGINAL RD, CLEVE- fore, AND SPECIFICATIONS IN THE LAND, OHIO 44114. Be it resolved by the Council of AMOUNT OF FIFTY DOLLARS *Bidders must purchase plans and the City of Cleveland: ($50.00) ONLY IN THE FORM OF specifications directly from the Section 1. That this Council A CASHIER’S CHECK OR A office of the Commissioner of declares its intent to vacate a portion MONEY ORDER (NO COMPANY Purchases and Supplies. Only reg- of the following described real prop- CHECKS, NO CASH AND NO istered Plan Holders will receive erty: CREDIT CARDS WILL BE Addenda. Bids cannot be accept- ACCEPTED TO PURCHASE ed from Bidders who only pur- Keene Court S.W. PLANS). chase plans from other entities All that portion of Keene Court S.W. THERE WILL BE A NON-MANDA- such as Plan Rooms and/or who (16 feet wide) extending westerly fail to register to be on the City TORY PRE-BID MEETING MON- from the west right of way line of of Cleveland Plan Holders List. DAY, JULY 28, 2014 AT 11:00 A.M. West 25th Street (82.5 feet wide) to THE DIVISION OF WATER POL- the east right of way line of West 25th LUTION CONTROL, 12302 KIRBY July 23, 2014, July 30, 2014 and August Place (16 feet wide). AVENUE, CLEVELAND, OHIO 6, 2014 Legal Description approved by 44108. Greg Esber, Section Chief, Plats, Sur- *Bidders must purchase plans and veys and House Numbering Section. specifications directly from the ADOPTED RESOLUTIONS Section 2. That this resolution is declared to be an emergency measure office of the Commissioner of AND ORDINANCES Purchases and Supplies. Only reg- and, provided it receives the affirma- istered Plan Holders will receive tive vote of two-thirds of all the members elected to Council, it shall take Addenda. Bids cannot be accept- Res. No. 1415-13. By Council Members Cimperman effect and be in force immediately ed from Bidders who only pur- Miller, Cleveland and Kelley (by upon its adoption and approval by the chase plans from other entities departmental request). Mayor; otherwise it shall take effect such as Plan Rooms and/or who An emergency resolution declar- and be in force from and after the ear- fail to register to be on the City ing the intent to vacate a portion of liest period allowed by law. of Cleveland Plan Holders List. West 20th Street (66.00 feet wide). Adopted July 16 , 2014. Whereas, this Council is satisfied Effective July 21, 2014. File No. 94-14 — Purchase of Vari- that there is good cause to vacate a ous Fire Apparatus Equipment portion of West 20th Street (66.00 Parts and Labor, for the Division feet wide), as described; and of Motor Vehicle Maintenance, Whereas, this resolution consti- Res. No. 861-14. Department of Public Works, as tutes an emergency measure provid- By Council Member Conwell. authorized by Section 131.64 of ing for the usual daily operation of An emergency resolution objecting the Codified Ordinances of Cleve- a municipal department; now, there- to the renewal of a C2 and C2X Liquor land, Ohio, 1976. fore, Permit at 1163 East 123rd Street. 1062 July 23, 2014 The City Record 55

Whereas, the uniform date for Whereas, the granting of this appli- Dionne Mae Thomas, DBA renewal of liquor permits in the State cation for a liquor permit to this high Josephine’s Lounge, 7902-04 Central of Ohio is October 1st; and crime area, which is already saturat- Avenue, Cleveland, Ohio 44104, Per- Whereas, pursuant to Section ed with other liquor outlets, is con- manent Number 8876756 by Resolu- 4303.271 of the Revised Code, the leg- trary to the best interests of the entire tion No. 935-13, adopted by the Council islative authority of a municipal cor- community; and on July 10, 2013; and poration may object to the renewal of Whereas, the applicant does not Whereas, this Council wishes to a permit based upon legal grounds as qualify to be a permit holder and/or withdraw its objection to the above set forth in division (A) of Revised has demonstrated that he has operat- permit and consents to said permit; Code Section 4303.292; and ed his liquor business in disregard of and Whereas, the applicant is unfit to the laws, regulations or local ordi- Whereas, this resolution consti- continue to engage in the liquor per- nances of this state or any other state; tutes an emergency measure provid- mit business in that he has operated and ing for the usual daily operation of a his liquor permit business in a man- Whereas, the place for which the municipal department; now, there- ner that demonstrates a disregard for permit is sought has not conformed to fore, the laws, regulations or local ordi- the building, safety or health require- Be it resolved by the Council of nances of the state, and that this ments of the governing body of this the City of Cleveland: objection is based on other legal County or City; and Section 1. That objection to the grounds as set forth in Revised Code Whereas, the place for which the renewal of a D5 Liquor Permit to Section 4303.292; and permit is sought is so arranged or con- Dionne Mae Thomas, DBA Whereas, this resolution consti- structed that law enforcement offi- Josephine’s Lounge, 7902-04 Central tutes an emergency measure provid- cers or agents of the Division of Avenue, Cleveland, Ohio 44104, Per- ing for the immediate preservation of Liquor Control are prevented reason- manent Number 8876756, be and the the public peace, prosperity, safety able access to the establishment; and same is hereby withdrawn and Reso- and welfare pursuant to Section Whereas, the place for which the lution No. 935-13, containing such 4303.271 of the Ohio Revised Code, permit is sought is so located with objection, be and the same is hereby objections to renewal of liquor per- respect to the neighborhood that it repealed and that this Council con- mits shall be made no later than thir- substantially interferes with public sents to the immediate permit thereof. ty days prior to the expiration date of decency, sobriety, peace or good Section 2. That this resolution is the permit; now, therefore, order; and hereby declared to be an emergency Be it resolved by the Council of Whereas, this objection is based on measure and provided it receives the the City of Cleveland: other legal grounds as set forth in affirmative vote of two-thirds of all Section 1. That Council does hereby Revised Code Section 4303.292; and the members elected to Council, it record its objection to the renewal of Whereas, this resolution consti- shall take effect and be in force imme- a C2 and C2X Liquor Permit, Permit tutes an emergency measure provid- diately upon its adoption and No. 6549205 owned by 123 Food Mart, ing for the immediate preservation of approval by the Mayor; otherwise, it Inc., DBA USA Food Mart, 1163 East the public peace, prosperity, safety shall take effect and be in force from 123rd Street, Cleveland, Ohio 44108, and welfare pursuant to Section and requests the Superintendent of 4303.26 of the Ohio Revised Code. and after the earliest period allowed the Division of Liquor Control to set a Council’s objection to said permit by law. hearing for said application in accor- must be received by the Superinten- Adopted July 16 , 2014. dance with provisions of Section dent of Liquor Control within 30 days Effective July 21, 2014. 4303.271 of the Revised Code of Ohio. of notification; now, therefore, Section 2. That the Clerk of Council Be it resolved by the Council of be and she is hereby directed to trans- the City of Cleveland: mit two certified copies of this resolu- Section 1. That Council does hereby Res. No. 870-14. tion, together with two copies of a let- record its objection to the transfer of By Council Member Mitchell. ter of objection and two copies of a ownership of a C1 and C2 Liquor Per- An emergency resolution with- letter requesting that the hearing be mit from Reham Food Mart, Inc., DBA drawing objection to the renewal of a held in Cleveland, Cuyahoga County, Clark Oil, 7910 Harvard Avenue, C1, C2 and D6 Liquor Permit at 3230 and a statement by the Director of Cleveland, Ohio 44105, Permanent East 93rd Street and repealing Reso- Law that, in the Director’s opinion, Number 7274254 to AAAR Gas, Inc., lution No. 936-13, objecting to said that the objection is based upon sub- 7910 Harvard Avenue, Cleveland, renewal. stantial legal grounds within the Ohio 44105, Permanent Number Whereas, this Council objected to meaning and intent of division (A) of 0000415; and requests the Superinten- the renewal of a C1, C2 and D6 Liquor Section 4303.292 of the Revised Code dent of Liquor Control to set a hearing Permit to Semaan Marketing, Inc., to the Superintendent of the Division for said application in accordance 3230 East 93rd Street, Cleveland, Ohio of Liquor Control. with provisions of Section 4303.26 of 44104, Permanent Number 7974550 by Section 3. That this resolution is the Revised Code of Ohio. Resolution No. 936-13, adopted by the hereby declared to be an emergency Section 2. That the Clerk of Council Council on July 10, 2013; and measure and, provided it receives the be and she is hereby directed to trans- Whereas, this Council wishes to affirmative vote of two-thirds of all mit two certified copies of this resolu- withdraw its objection to the above the members elected to Council, it tion, together with two copies of a let- permit and consents to said permit; shall take effect and be in force imme- ter of objection and two copies of a and diately upon its adoption and letter requesting that the hearing be Whereas, this resolution consti- approval by the Mayor; otherwise, it held in Cleveland, Cuyahoga County. tutes an emergency measure provid- shall take effect and be in force from Section 3. That this resolution is ing for the usual daily operation of a and after the earliest period allowed hereby declared to be an emergency municipal department; now, there- by law. measure and, provided it receives the fore, Adopted July 16 , 2014. affirmative vote of two-thirds of all Be it resolved by the Council of Effective July 21, 2014. the members elected to Council, it the City of Cleveland: shall take effect and be in force imme- Section 1. That objection to the diately upon its adoption and renewal of C1, C2 and D6 Liquor Per- approval by the Mayor; otherwise, it mit to Semaan Marketing, Inc., 3230 Res. No. 868-14. shall take effect and be in force from East 93rd Street, Cleveland, Ohio By Council Member Brancatelli. and after the earliest period allowed 44104, Permanent Number 7974550, be An emergency resolution objecting by law. and the same is hereby withdrawn to the transfer of ownership of a C1 Adopted July 16 , 2014. and Resolution No. 936-13, containing and C2 Liquor Permit to 7910 Harvard Effective July 21, 2014. such objection, be and the same is Avenue. hereby repealed and that this Council Whereas, Council has been notified consents to the immediate permit by the Division of Liquor Control of thereof. an application for the transfer of own- Res. No. 869-14. Section 2. That this resolution is ership of a C1 and C2 Liquor Permit By Council Member Mitchell. hereby declared to be an emergency from Reham Food Mart, Inc., DBA An emergency resolution with- measure and provided it receives the Clark Oil, 7910 Harvard Avenue, drawing objection to the renewal of a affirmative vote of two-thirds of all Cleveland, Ohio 44105, Permanent D5 Liquor Permit at 7902-04 Central the members elected to Council, it Number 7274254 to AAAR Gas, Inc., Avenue and repealing Resolution No. shall take effect and be in force imme- 7910 Harvard Avenue, Cleveland, 935-13, objecting to said renewal. diately upon its adoption and Ohio 44105, Permanent Number Whereas, this Council objected to approval by the Mayor; otherwise, it 0000415; and the renewal of a D5 Liquor Permit to shall take effect and be in force from 1063 56 The City Record July 23, 2014 and after the earliest period allowed approval by the Mayor; otherwise, it Section 1. That objection to the by law. shall take effect and be in force from transfer of ownership of a, D1, D2, D3, Adopted July 16 , 2014. and after the earliest period allowed D3A and D6 Liquor Permit to 1515 Effective July 21, 2014. by law. LLC, DBA Bar 216, 3232 Lakeside Adopted July 16 , 2014. Avenue and basement, Cleveland, Effective July 21, 2014. Ohio 44114, Permanent No. 2714242, be and the same is hereby withdrawn Res. No. 871-14. and Resolution No. 284-14, containing By Council Member Polensek. such objection, be and the same is An emergency resolution objecting Res. No. 872-14. hereby repealed and that this Council to a New C1 Liquor Permit at 17214 By Council Member Dow. consents to the immediate transfer Grovewood Avenue. An emergency resolution with- thereof. Whereas, Council has been notified drawing objection to the renewal of a Section 2. That this resolution is by the Division of Liquor Control of C2 and C2X Liquor Permit at 9306 hereby declared to be an emergency an application for a New C1 Liquor Hough Avenue and repealing Resolu- measure and provided it receives the Permit at Wright on Time Take Out, tion No. 1057-13, objecting to said affirmative vote of two-thirds of all LLC, DBA Wright On Time Take Out, renewal. the members elected to Council, it 17214 Grovewood Avenue, Cleveland, Whereas, this Council objected to shall take effect and be in force imme- Ohio 44119, Permanent Number the renewal of a C2 and C2X Liquor diately upon its adoption and 9789644; and Permit to George F. Dixon, DBA approval by the Mayor; otherwise, it Whereas, the granting of this appli- Dixon’s Grocery, 9306 Hough Avenue, shall take effect and be in force from cation for a liquor permit to this high Cleveland, Ohio 44106, Permanent and after the earliest period allowed crime area, which is already saturat- Number 2211993 by Resolution No. by law. ed with other liquor outlets, is con- 1057-13, adopted by the Council on Adopted July 16 , 2014. trary to the best interests of the entire August 14, 2013; and Effective July 21, 2014. community; and Whereas, this Council wishes to Whereas, the applicant does not withdraw its objection to the above qualify to be a permit holder and/or permit and consents to said permit; has demonstrated that he has operat- and Res. No. 874-14. ed his liquor business in disregard of Whereas, this resolution consti- By Council Member Cimperman. the laws, regulations or local ordi- tutes an emergency measure provid- An emergency resolution objecting nances of this state or any other state; ing for the usual daily operation of a to the transfer of location of a D2, and municipal department; now, there- D2X, D3 and D6 Liquor Permit to 4133 Whereas, the place for which the fore, Lorain Avenue. permit is sought has not conformed to Be it resolved by the Council of Whereas, Council has been notified the building, safety or health require- the City of Cleveland: by the Division of Liquor Control of ments of the governing body of this Section 1. That objection to the an application for the transfer of loca- County or City; and renewal of a C2 and C2X Liquor Per- tion of a D2, D2X, D3 and D6 Liquor Whereas, the place for which the mit to George F. Dixon, DBA Dixon’s Permit from Cuyahoga Sportservice, permit is sought is so arranged or con- Grocery, 9306 Hough Avenue, Cleve- Inc., Field Level and Level 100 & 300 & d Street, Unit A, structed that law enforcement offi- land, Ohio 44106, Permanent Number 500, 1085 West Thir Cleveland, Ohio 44114, Permanent cers or agents of the Division of 2211993, be and the same is hereby Number 18696560010 to Plum Café, Liquor Control are prevented reason- withdrawn and Resolution No. 1057- LLC, 4133 Lorain Avenue, Cleveland, able access to the establishment; and 13, containing such objection, be and Ohio 44113, Permanent Number Whereas, the place for which the the same is hereby repealed and that 6968876; and permit is sought is so located with this Council consents to the immedi- Whereas, the granting of this appli- respect to the neighborhood that it ate permit thereof. cation for a liquor permit to this high substantially interferes with public Section 2. That this resolution is crime area, which is already saturat- decency, sobriety, peace or good hereby declared to be an emergency ed with other liquor outlets, is con- order; and measure and provided it receives the trary to the best interests of the entire Whereas, this objection is based on affirmative vote of two-thirds of all community; and other legal grounds as set forth in the members elected to Council, it Whereas, the applicant does not Revised Code Section 4303.292; and shall take effect and be in force imme- qualify to be a permit holder and/or Whereas, this resolution consti- diately upon its adoption and has demonstrated that he has operat- tutes an emergency measure provid- approval by the Mayor; otherwise, it ed his liquor business in disregard of ing for the immediate preservation of shall take effect and be in force from the laws, regulations or local ordi- the public peace, prosperity, safety and after the earliest period allowed nances of this state or any other state; and welfare pursuant to Section by law. and 4303.26 of the Ohio Revised Code. Adopted July 16 , 2014. Whereas, the place for which the Council’s objection to said permit Effective July 21, 2014. permit is sought has not conformed to must be received by the Superinten- the building, safety or health require- dent of Liquor Control within 30 days ments of the governing body of this of notification; now, therefore, County or City; and Be it resolved by the Council of Res. No. 873-14. Whereas, the place for which the the City of Cleveland: By Council Member Cimperman. permit is sought is so arranged or con- Section 1. That Council does hereby An emergency resolution with- structed that law enforcement offi- record its objection to a New C1 drawing objection to the transfer of cers or agents of the Division of Liquor Permit at Wright on Time ownership of a D1, D2, D3, D3A and D6 Liquor Control are prevented reason- Take Out, LLC, DBA Wright On Time Liquor Permit at 3232 Lakeside able access to the establishment; and Take Out, 17214 Grovewood Avenue, Avenue and repealing Resolution No Whereas, the place for which the Cleveland, Ohio 44119, Permanent 284-14, objecting to said transfer. permit is sought is so located with Number 9789644; and requests the Whereas, this Council objected to respect to the neighborhood that it Superintendent of Liquor Control to the transfer of ownership of a D1, D2, substantially interferes with public set a hearing for said application in D3, D3A and D6 Liquor Permit to 1515 decency, sobriety, peace or good accordance with provisions of Section LLC, DBA Bar 216, 3232 Lakeside order; and 4303.26 of the Revised Code of Ohio. Avenue and basement, Cleveland, Whereas, this objection is based on Section 2. That the Clerk of Council Ohio 44114, Permanent No. 2714242 by other legal grounds as set forth in be and she is hereby directed to trans- Resolution No. 284-14 adopted by the Revised Code Section 4303.292; and mit two certified copies of this resolu- Council on February 24, 2014; and Whereas, this resolution consti- tion, together with two copies of a let- Whereas, this Council wishes to tutes an emergency measure provid- ter of objection and two copies of a withdraw its objection to the above ing for the immediate preservation of letter requesting that the hearing be transfer and consents to said transfer; the public peace, prosperity, safety held in Cleveland, Cuyahoga County. and and welfare pursuant to Section Section 3. That this resolution is Whereas, this resolution consti- 4303.26 of the Ohio Revised Code. hereby declared to be an emergency tutes an emergency measure provid- Council’s objection to said permit measure and, provided it receives the ing for the usual daily operation of a must be received by the Superinten- affirmative vote of two-thirds of all municipal department; now, there- dent of Liquor Control within 30 days the members elected to Council, it fore, of notification; now, therefore, shall take effect and be in force imme- Be it resolved by the Council of Be it resolved by the Council of diately upon its adoption and the City of Cleveland: the City of Cleveland: 1064 July 23, 2014 The City Record 57

Section 1. That Council does hereby Res. No. 876-14. hereby repealed and that this Council record its objection to the transfer of By Council Member Cimperman. consents to the immediate permit location of a D2, D2X, D3 and D6 An emergency resolution with- thereof. Liquor Permit from Cuyahoga Sport- drawing objection to the renewal of a Section 2. That this resolution is service, Inc., Field Level and Level D1, D2, D3, D3A and D6 Liquor Permit hereby declared to be an emergency 100 & 300 & 500, 1085 West Third at 1204 Old River Road Mezzanine and measure and provided it receives the Street, Unit A, Cleveland, Ohio 44114, Patio and repealing Resolution No. affirmative vote of two-thirds of all Permanent Number 18696560010 to 914-13, objecting to said renewal. the members elected to Council, it Plum Café, LLC, 4133 Lorain Avenue, Whereas, this Council objected to shall take effect and be in force imme- Cleveland, Ohio 44113, Permanent the renewal of a D1, D2, D3, D3A and diately upon its adoption and Number 6968876; and requests the D6 Liquor Permit to Lucic Enterpris- approval by the Mayor; otherwise, it Superintendent of Liquor Control to es, Inc., DBA Lucics, 1204 Old River shall take effect and be in force from set a hearing for said application in Road Mezzanine and Patio, Cleve- and after the earliest period allowed accordance with provisions of Section land, Ohio 44113, Permanent Number by law. 4303.26 of the Revised Code of Ohio. 5337947 and 5337947-0003 by Resolu- Adopted July 16 , 2014. Effective July 21, 2014. Section 2. That the Clerk of Council tion No. 914-13, adopted by the Council be and she is hereby directed to trans- on July 10, 2013; and Whereas, this Council wishes to mit two certified copies of this resolu- withdraw its objection to the above tion, together with two copies of a let- permit and consents to said permit; Res. No. 878-14. ter of objection and two copies of a and By Council Member Brancatelli. letter requesting that the hearing be Whereas, this resolution consti- An emergency resolution objecting held in Cleveland, Cuyahoga County. tutes an emergency measure provid- to the transfer of ownership of a D1, Section 3. That this resolution is ing for the usual daily operation of a D2, D3 and D3A Liquor Permit to 3855- hereby declared to be an emergency municipal department; now, there- 57 W. Pearl Road, 1st floor and base- measure and, provided it receives the fore, ment. affirmative vote of two-thirds of all Be it resolved by the Council of Whereas, Council has been notified the members elected to Council, it the City of Cleveland: by the Division of Liquor Control of shall take effect and be in force imme- Section 1. That objection to the an application for the transfer of own- diately upon its adoption and renewal of a C1 Liquor Permit to ership of a D1, D2, D3 and D3A Liquor approval by the Mayor; otherwise, it Lucic Enterprises, Inc., DBA Lucics, Permit from Maddon Enterprises, shall take effect and be in force from 1204 Old River Road Mezzanine and LLC, DBA Browns Grill, 3855-57 W. and after the earliest period allowed Patio, Cleveland, Ohio 44113, Perma- Pearl Road, 1st floor and basement, by law. nent Number 5337947 and 5337947- Cleveland, Ohio 44109, Permanent Adopted July 16 , 2014. 0003, be and the same is hereby with- Number 5411874 to Reid and Effective July 21, 2014. drawn and Resolution No. 914-13, con- Ivaskovic, LLC, 3855-57 W. Pearl taining such objection, be and the Road, 1st floor and basement, Cleve- same is hereby repealed and that this land, Ohio 44109, Permanent Number Council consents to the immediate 7279515; and Res. No. 875-14. permit thereof. Whereas, the granting of this appli- By Council Member Zone. Section 2. That this resolution is cation for a liquor permit to this high An emergency resolution with- hereby declared to be an emergency crime area, which is already saturat- drawing objection to the renewal of a measure and provided it receives the ed with other liquor outlets, is contrary to the best interests of the entire D5 Liquor Permit at 7115-19 Lorain affirmative vote of two-thirds of all community; and Avenue and West 73rd Street, and the members elected to Council, it Whereas, the applicant does not repealing Resolution No. 1161-13, shall take effect and be in force immediately upon its adoption and qualify to be a permit holder and/or objecting to said renewal. has demonstrated that he has operat- Whereas, this Council objected to approval by the Mayor; otherwise, it shall take effect and be in force from ed his liquor business in disregard of the renewal of a D5 Liquor Permit to the laws, regulations or local ordi- Kloos & Das Co., Inc., DBA Red Pep- and after the earliest period allowed by law. nances of this state or any other state; per Lounge, 7115-19 Lorain Avenue and Adopted July 16 , 2014. and West 73rd Street, Cleveland, Ohio Whereas, the place for which the Effective July 21, 2014. 44102, Permanent Number 47172320001 permit is sought has not conformed to by Resolution No. 1161-13, adopted by the building, safety or health require- the Council on August 14, 2013; and ments of the governing body of this Whereas, this Council wishes to County or City; and Res. No. 877-14. withdraw its objection to the above Whereas, the place for which the By Council Member Cimperman. permit and consents to said permit; permit is sought is so arranged or con- An emergency resolution with- and structed that law enforcement offi- drawing objection to the renewal of a Whereas, this resolution consti- cers or agents of the Division of D5 and D6 Liquor Permit at 2232 tutes an emergency measure provid- Liquor Control are prevented reason- Rockwell Avenue and repealing Res- able access to the establishment; and ing for the usual daily operation of a olution No. 918-13, objecting to said municipal department; now, there- Whereas, the place for which the renewal. permit is sought is so located with fore, Whereas, this Council objected to Be it resolved by the Council of respect to the neighborhood that it the renewal of a D5 and D6 Liquor substantially interferes with public the City of Cleveland: Permit to MPKS, Inc., DBA Alibi Inn, decency, sobriety, peace or good Section 1. That objection to the 2232 Rockwell Avenue, Cleveland, order; and renewal of a D5 Liquor Permit to Ohio 44114, Permanent Number Whereas, this objection is based on Kloos & Das Co., Inc., DBA Red Pep- 5384812 by Resolution No. 918-13, other legal grounds as set forth in per Lounge, 7115-19 Lorain Avenue adopted by the Council on July 10, Revised Code Section 4303.292; and and West 73rd Street, Cleveland, Ohio 2013; and Whereas, this resolution consti- 44102, be and the same is hereby with- Whereas, this Council wishes to tutes an emergency measure provid- drawn and Resolution No. 1161-13, con- withdraw its objection to the above ing for the immediate preservation of taining such objection, be and the permit and consents to said permit; the public peace, prosperity, safety same is hereby repealed and that this and and welfare pursuant to Section Council consents to the immediate Whereas, this resolution consti- 4303.26 of the Ohio Revised Code. permit thereof. tutes an emergency measure provid- Council’s objection to said permit Section 2. That this resolution is ing for the usual daily operation of a must be received by the Superinten- hereby declared to be an emergency municipal department; now, there- dent of Liquor Control within 30 days measure and provided it receives the fore, of notification; now, therefore, affirmative vote of two-thirds of all Be it resolved by the Council of Be it resolved by the Council of the members elected to Council, it the City of Cleveland: the City of Cleveland: shall take effect and be in force imme- Section 1. That objection to the Section 1. That Council does hereby diately upon its adoption and renewal of a D5 and D6 Liquor Permit record its objection to the transfer of approval by the Mayor; otherwise, it to MPKS, Inc., DBA Alibi Inn, 2232 ownership of a D1, D2, D3 and D3A shall take effect and be in force from Rockwell Avenue, Cleveland, Ohio Liquor Permit from Maddon Enter- and after the earliest period allowed 44114, Permanent Number 5384812, be prises, LLC, DBA Browns Grill, 3855- by law. and the same is hereby withdrawn 57 W. Pearl Road, 1st floor and base- Adopted July 16 , 2014. and Resolution No. 918-13, containing ment, Cleveland, Ohio 44109, Perma- Effective July 21, 2014. such objection, be and the same is nent Number 5411874 to Reid and 1065 58 The City Record July 23, 2014

Ivaskovic, LLC, 3855-57 W. Pearl an application for the transfer of loca- Res. No. 883-14. Road, 1st floor and basement, Cleve- tion of a C2 and C2X Liquor Permit By Council Member Cimperman. land, Ohio 44109, Permanent Number from Irving Torres, DBA Tony’s Deli, An emergency resolution objecting 7279515; and requests the Superinten- 2177 West 30th Street, 1st floor front, to a New C1 Liquor Permit at 2033 dent of Liquor Control to set a hearing Cleveland, Ohio 44113, Permanent Ontario Street. for said application in accordance Number 9001820 to Shri Hanuman, Whereas, Council has been notified with provisions of Section 4303.26 of Inc., DBA Hometown Grocery, 5611 by the Division of Liquor Control of the Revised Code of Ohio. Woodland Avenue, Cleveland, Ohio an application for a New C1 Liquor Section 2. That the Clerk of Council 44104, Permanent Number Permit at Divya Jivan, Inc., DBA be and she is hereby directed to trans- 81131450005; and Downtown Convenience, 2033 Ontario mit two certified copies of this resolu- Whereas, the granting of this appli- Street, Cleveland, Ohio 44115, Perma- tion, together with two copies of a let- cation for a liquor permit to this high nent Number 2208740; and ter of objection and two copies of a crime area, which is already saturat- Whereas, the granting of this appli- letter requesting that the hearing be ed with other liquor outlets, is con- cation for a liquor permit to this high held in Cleveland, Cuyahoga County. trary to the best interests of the entire crime area, which is already saturat- Section 3. That this resolution is community; and ed with other liquor outlets, is con- hereby declared to be an emergency Whereas, the applicant does not trary to the best interests of the entire measure and, provided it receives the qualify to be a permit holder and/or community; and affirmative vote of two-thirds of all has demonstrated that he has operat- Whereas, the applicant does not the members elected to Council, it ed his liquor business in disregard of qualify to be a permit holder and/or shall take effect and be in force imme- the laws, regulations or local ordi- has demonstrated that he has operat- diately upon its adoption and nances of this state or any other state; ed his liquor business in disregard of approval by the Mayor; otherwise, it and the laws, regulations or local ordi- shall take effect and be in force from Whereas, the place for which the nances of this state or any other state; and after the earliest period allowed permit is sought has not conformed to and by law. the building, safety or health require- s, the place for which the Adopted July 16 , 2014. ments of the governing body of this Wherea Effective July 21, 2014. County or City; and permit is sought has not conformed to Whereas, the place for which the the building, safety or health require- permit is sought is so arranged or con- ments of the governing body of this structed that law enforcement offi- County or City; and Res. No. 879-14. cers or agents of the Division of Whereas, the place for which the By Council Member Cimperman. Liquor Control are prevented reason- permit is sought is so arranged or con- An emergency resolution with- able access to the establishment; and structed that law enforcement offi- drawing objection to the renewal of a Whereas, the place for which the cers or agents of the Division of C1 and C2 Liquor Permit at 3074 West permit is sought is so located with Liquor Control are prevented reason- 14th Street, and repealing Resolution respect to the neighborhood that it able access to the establishment; and No. 922-13, objecting to said renewal. substantially interferes with public Whereas, the place for which the Whereas, this Council objected to decency, sobriety, peace or good permit is sought is so located with the renewal of a C1 and C2 Liquor Per- order; and respect to the neighborhood that it mit to Salbros, Inc., DBA Gas City, Whereas, this objection is based on substantially interferes with public 3074 West 14th Street, Cleveland, Ohio other legal grounds as set forth in decency, sobriety, peace or good 44113, Permanent Number 7679502 by Revised Code Section 4303.292; and order; and Resolution No. 922-13, adopted by the Whereas, this resolution consti- Whereas, this objection is based on Council on July 10, 2013; and tutes an emergency measure provid- other legal grounds as set forth in Whereas, this Council wishes to ing for the immediate preservation of Revised Code Section 4303.292; and withdraw its objection to the above the public peace, prosperity, safety Whereas, this resolution consti- permit and consents to said permit; and welfare pursuant to Section tutes an emergency measure provid- and 4303.26 of the Ohio Revised Code. ing for the immediate preservation of Whereas, this resolution consti- Council’s objection to said permit the public peace, prosperity, safety tutes an emergency measure provid- and welfare pursuant to Section ing for the usual daily operation of a must be received by the Superinten- 4303.26 of the Ohio Revised Code. municipal department; now, there- dent of Liquor Control within 30 days Council’s objection to said permit fore, of notification; now, therefore, must be received by the Superinten- Be it resolved by the Council of Be it resolved by the Council of the City of Cleveland: the City of Cleveland: dent of Liquor Control within 30 days Section 1. That objection to the Section 1. That Council does hereby of notification; now, therefore, renewal of a C1 and C2 Liquor Permit record its objection to the transfer of Be it resolved by the Council of to Salbros, Inc., DBA Gas City, 3074 location of a C2 and C2X Liquor Per- the City of Cleveland: West 14th Street, Cleveland, Ohio mit from Irving Torres, DBA Tony’s Section 1. That Council does hereby 44113, Permanent Number 7679502, be Deli, 2177 West 30th Street, 1st floor record its objection to a New C1 and the same is hereby withdrawn front, Cleveland, Ohio 44113, Perma- Liquor Permit at Divya Jivan, Inc., and Resolution No. 922-13, containing nent Number 9001820 to Shri Hanu- DBA Downtown Convenience, 2033 such objection, be and the same is man, Inc., DBA Hometown Grocery, Ontario Street, Cleveland, Ohio 44115, hereby repealed and that this Council 5611 Woodland Avenue, Cleveland, Permanent Number 2208740; and consents to the immediate permit Ohio 44104, Permanent Number requests the Superintendent of Liquor thereof. 81131450005; and requests the Superin- Control to set a hearing for said appli- Section 2. That this resolution is tendent of Liquor Control to set a cation in accordance with provisions hereby declared to be an emergency hearing for said application in accor- of Section 4303.26 of the Revised Code measure and provided it receives the dance with provisions of Section of Ohio. affirmative vote of two-thirds of all 4303.26 of the Revised Code of Ohio. Section 2. That the Clerk of Council the members elected to Council, it Section 2. That the Clerk of Council be and she is hereby directed to trans- shall take effect and be in force imme- be and she is hereby directed to transmit two certified copies of this resolu- diately upon its adoption and mit two certified copies of this resolution, together with two copies of a let- approval by the Mayor; otherwise, it tion, together with two copies of a letter of objection and two copies of a ter of objection and two copies of a shall take effect and be in force from letter requesting that the hearing be and after the earliest period allowed letter requesting that the hearing be held in Cleveland, Cuyahoga County. by law. held in Cleveland, Cuyahoga County. Section 3. That this resolution is Adopted July 16 , 2014. Section 3. That this resolution is Effective July 21, 2014. hereby declared to be an emergency hereby declared to be an emergency measure and, provided it receives the measure and, provided it receives the affirmative vote of two-thirds of all affirmative vote of two-thirds of all the members elected to Council, it the members elected to Council, it Res. No. 881-14. shall take effect and be in force imme- shall take effect and be in force imme- By Council Member Cleveland. diately upon its adoption and diately upon its adoption and An emergency resolution objecting approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it to the transfer of location of a C2 and shall take effect and be in force from shall take effect and be in force from C2X Liquor Permit to 5611 Woodland and after the earliest period allowed and after the earliest period allowed Avenue. by law. by law. Whereas, Council has been notified Adopted July 16 , 2014. Adopted July 16 , 2014. by the Division of Liquor Control of Effective July 21, 2014. Effective July 21, 2014. 1066 July 23, 2014 The City Record 59

Res. No. 884-14. Res. No. 885-14. the members elected to Council, it By Council Member J. Johnson. By Council Member J. Johnson. shall take effect and be in force imme- An emergency resolution objecting An emergency resolution objecting diately upon its adoption and to a Liquor Agency Contract located to the transfer of liquor license of a approval by the Mayor; otherwise, it at 18314 Euclid Avenue. C1, C2 and D6 Liquor Permit to 18314 shall take effect and be in force from Whereas, Council has been notified Euclid Avenue, Unit D. and after the earliest period allowed by the Division of Liquor Control of Whereas, Council has been notified by law. an application for a Liquor Agency by the Department of Liquor Control Adopted July 16 , 2014. Contract at Rida, Inc., DBA Green of an application for the transfer of Effective July 21, 2014. Lite Beverage & Liquor, Unit D, 18314 liquor license of a C1, C2 and D6 Euclid Avenue, Cleveland, Ohio 44112, Liquor Permit from Rida, Inc., DBA Permanent Number 73626610001; and Green Lite Beverage & Liquor, Unit Whereas, the granting of this appli- DD, 18325 Euclid Avenue, Cleveland, Res. No. 886-14. cation for a liquor permit to this high Ohio 44112, Permanent Number By Council Member J. Johnson. crime area, which is already saturat- 7362661 to Rida, Inc., DBA Green Lite An emergency resolution objecting ed with other liquor outlets, is con- Beverage & Liquor, Unit D, 18314 to a New D3A Liquor Permit at 6201 St. trary to the best interests of the entire Euclid Avenue, Cleveland, Ohio 44112, Clair Avenue, 1st floor. community; and Permanent Number 73626610001; and Whereas, Council has been notified Whereas, the granting of this appli- Whereas, the applicant does not by the Division of Liquor Control of cation for a liquor permit to this high qualify to be a permit holder and/or an application for a New D3A Liquor crime area, which is already saturat- has demonstrated that he has operat- Permit at Dot & Beanies Tavern, Inc., ed with other liquor outlets, is con- ed his liquor business in disregard of 6201 St. Clair Avenue, 1st floor, Cleve- trary to the best interests of the entire the laws, regulations or local ordi- land, Ohio 44103, Permanent Number community; and nances of this state or any other state; 2275179; and Whereas, the applicant does not Whereas, the granting of this appli- and qualify to be a permit holder and/or Whereas, the place for which the cation for a liquor permit to this high has demonstrated that he has operat- crime area, which is already saturat- permit is sought has not conformed to ed his liquor business in disregard of the building, safety or health require- ed with other liquor outlets, is con- the laws, regulations or local ordi- trary to the best interests of the entire ments of the governing body of this nances of this state or any other state; community; and County or City; and and Whereas, the applicant does not Whereas, the place for which the Whereas, the place for which the qualify to be a permit holder and/or permit is sought is so arranged or con- permit is sought has not conformed to has demonstrated that he has operat- structed that law enforcement offi- the building, safety or health require- ed his liquor business in disregard of cers or agents of the Division of ments of the governing body of this the laws, regulations or local ordi- Liquor Control are prevented reason- County or City; and nances of this state or any other state; able access to the establishment; and Whereas, the place for which the and Whereas, the place for which the permit is sought is so arranged or con- Whereas, the place for which the permit is sought is so located with structed that law enforcement offi- permit is sought has not conformed to respect to the neighborhood that it cers or agents of the Department of the building, safety or health require- substantially interferes with public Liquor Control are prevented reason- ments of the governing body of this decency, sobriety, peace or good able access to the establishment; and County or City; and order; and Whereas, the place for which the Whereas, the place for which the Whereas, this objection is based on permit is sought is so located with permit is sought is so arranged or con- other legal grounds as set forth in respect to the neighborhood that it structed that law enforcement offi- Revised Code Section 4303.292; and substantially interferes with public cers or agents of the Division of Whereas, this resolution consti- decency, sobriety, peace or good Liquor Control are prevented reason- tutes an emergency measure provid- order; and able access to the establishment; and ing for the immediate preservation of Whereas, this objection is based on Whereas, the place for which the the public peace, prosperity, safety other legal grounds as set forth in permit is sought is so located with and welfare pursuant to Section Revised Code Section 4303.292; and respect to the neighborhood that it 4303.26 of the Ohio Revised Code. Whereas, this resolution consti- substantially interferes with public Council’s objection to said permit tutes an emergency measure provid- decency, sobriety, peace or good must be received by the Superinten- ing for the immediate preservation of order; and dent of Liquor Control within 30 days the public peace, prosperity, safety Whereas, this objection is based on of notification; now, therefore, and welfare pursuant to Section other legal grounds as set forth in Be it resolved by the Council of 4303.26 of the Ohio Revised Code. Revised Code Section 4303.292; and the City of Cleveland: Council’s objection to said permit Whereas, this resolution consti- Section 1. That Council does hereby must be received by the Director of tutes an emergency measure provid- record its objection to a Liquor Liquor Control within 30 days of notification; now, therefore, ing for the immediate preservation of Agency Contract at Rida, Inc., DBA the public peace, prosperity, safety Green Lite Beverage & Liquor, Unit D, Be it resolved by the Council of the City of Cleveland: and welfare pursuant to Section 18314 Euclid Avenue, Cleveland, Ohio Section 1. That Council does hereby 4303.26 of the Ohio Revised Code. 44112, Permanent Number record its objection to the transfer of Council’s objection to said permit 73626610001; and requests the Superin- liquor license of a C1, C2 and D6 must be received by the Superinten- tendent of Liquor Control to set a Liquor Permit from Rida, Inc., DBA dent of Liquor Control within 30 days hearing for said application in accor- Green Lite Beverage & Liquor, Unit of notification; now, therefore, dance with provisions of Section DD, 18325 Euclid Avenue, Cleveland, Be it resolved by the Council of 4303.26 of the Revised Code of Ohio. Ohio 44112, Permanent Number the City of Cleveland: Section 2. That the Clerk of Council 7362661 to Rida, Inc., DBA Green Lite Section 1. That Council does hereby be and she is hereby directed to trans- Beverage & Liquor, Unit D, 18314 record its objection to a New D3A mit two certified copies of this resolu- Euclid Avenue, Cleveland, Ohio 44112, Liquor Permit at Dot & Beanies Tav- tion, together with two copies of a let- Permanent Number 73626610001; and ern, Inc., 6201 St. Clair Avenue, 1st ter of objection and two copies of a requests the Director of Liquor Con- floor, Cleveland, Ohio 44103, Perma- letter requesting that the hearing be trol to set a hearing for said applica- nent Number 2275179; and requests held in Cleveland, Cuyahoga County. tion in accordance with provisions of the Superintendent of Liquor Control Section 3. That this resolution is Section 4303.26 of the Revised Code of to set a hearing for said application in hereby declared to be an emergency Ohio. accordance with provisions of Section measure and, provided it receives the Section 2. That the Clerk of Council 4303.26 of the Revised Code of Ohio. affirmative vote of two-thirds of all be and she is hereby directed to trans- Section 2. That the Clerk of Council the members elected to Council, it mit two certified copies of this resolu- be and she is hereby directed to trans- shall take effect and be in force imme- tion, together with two copies of a let- mit two certified copies of this resolu- diately upon its adoption and ter of objection and two copies of a tion, together with two copies of a let- approval by the Mayor; otherwise, it letter requesting that the hearing be ter of objection and two copies of a shall take effect and be in force from held in Cleveland, Cuyahoga County. letter requesting that the hearing be and after the earliest period allowed Section 3. That this resolution is held in Cleveland, Cuyahoga County. by law. hereby declared to be an emergency Section 3. That this resolution is Adopted July 16 , 2014. measure and, provided it receives the hereby declared to be an emergency Effective July 21, 2014. affirmative vote of two-thirds of all measure and, provided it receives the 1067 60 The City Record July 23, 2014 affirmative vote of two-thirds of all Res. No. 888-14. islative authority of a municipal cor- the members elected to Council, it By Council Member Brancatelli. poration may object to the renewal of shall take effect and be in force imme- An emergency resolution objecting a permit based upon legal grounds as diately upon its adoption and to the renewal of a D5 Liquor Permit set forth in division (A) of Revised approval by the Mayor; otherwise, it at 4061 East 71st Street, 1st floor and Code Section 4303.292; and shall take effect and be in force from patios. Whereas, the applicant is unfit to and after the earliest period allowed Whereas, the uniform date for continue to engage in the liquor per- by law. renewal of liquor permits in the State mit business in that he has operated Adopted July 16 , 2014. of Ohio is October 1st; and his liquor permit business in a man- Effective July 21, 2014. Whereas, pursuant to Section ner that demonstrates a disregard for 4303.271 of the Revised Code, the leg- the laws, regulations or local ordi- islative authority of a municipal cor- nances of the state, and that this poration may object to the renewal of objection is based on other legal Res. No. 887-14. a permit based upon legal grounds as grounds as set forth in Revised Code By Council Member Brady. set forth in division (A) of Revised Section 4303.292; and An emergency resolution objecting Code Section 4303.292; and Whereas, this resolution consti- Whereas, the applicant is unfit to tutes an emergency measure provid- to the renewal of a D5 Liquor Permit continue to engage in the liquor per- ing for the immediate preservation of at 3655-57 Bosworth Road, 1st floor. mit business in that he has operated the public peace, prosperity, safety Whereas, the uniform date for his liquor permit business in a man- and welfare pursuant to Section renewal of liquor permits in the State ner that demonstrates a disregard for 4303.271 of the Ohio Revised Code, of Ohio is October 1st; and the laws, regulations or local ordi- objections to renewal of liquor per- Whereas, pursuant to Section nances of the state, and that this mits shall be made no later than thir- 4303.271 of the Revised Code, the leg- objection is based on other legal ty days prior to the expiration date of islative authority of a municipal cor- grounds as set forth in Revised Code the permit; now, therefore, poration may object to the renewal of Section 4303.292; and Be it resolved by the Council of a permit based upon legal grounds as Whereas, this resolution consti- the City of Cleveland: set forth in division (A) of Revised tutes an emergency measure provid- Section 1. That Council does hereby Code Section 4303.292; and ing for the immediate preservation of record its objection to the renewal of Whereas, the applicant is unfit to the public peace, prosperity, safety a D1, D2, D3 and D3A Liquor Permit, continue to engage in the liquor per- and welfare pursuant to Section Permit No.0488925 owned by Bartlett mit business in that he has operated 4303.271 of the Ohio Revised Code, Tavern, LLC, DBA Bonkers Tavern, his liquor permit business in a man- objections to renewal of liquor per- 9401-03 Denison Avenue, 1st floor and ner that demonstrates a disregard for mits shall be made no later than thir- basement, Cleveland, Ohio 44111, and the laws, regulations or local ordi- ty days prior to the expiration date of requests the Superintendent of the nances of the state, and that this the permit; now, therefore, Division of Liquor Control to set a objection is based on other legal Be it resolved by the Council of hearing for said application in accor- grounds as set forth in Revised Code the City of Cleveland: dance with provisions of Section Section 4303.292; and Section 1. That Council does hereby 4303.271 of the Revised Code of Ohio. Whereas, this resolution consti- record its objection to the renewal of Section 2. That the Clerk of Council tutes an emergency measure provid- a D5 Liquor Permit, Permit No.0698762 be and she is hereby directed to trans- ing for the immediate preservation of owned by Big Boss S Barbeque & mit two certified copies of this resolu- the public peace, prosperity, safety Lounge, LLC, 4061 East 71st Street, 1st tion, together with two copies of a let- and welfare pursuant to Section floor and patios, Cleveland, Ohio ter of objection and two copies of a 4303.271 of the Ohio Revised Code, 44105, and requests the Superinten- letter requesting that the hearing be objections to renewal of liquor per- dent of the Division of Liquor Control held in Cleveland, Cuyahoga County, mits shall be made no later than thir- to set a hearing for said application in and a statement by the Director of ty days prior to the expiration date of accordance with provisions of Section Law that, in the Director’s opinion, the permit; now, therefore, 4303.271 of the Revised Code of Ohio. that the objection is based upon sub- Be it resolved by the Council of Section 2. That the Clerk of Council stantial legal grounds within the the City of Cleveland: be and she is hereby directed to trans- meaning and intent of division (A) of Section 1. That Council does hereby mit two certified copies of this resolu- Section 4303.292 of the Revised Code record its objection to the renewal of tion, together with two copies of a let- to the Superintendent of the Division a D5 Liquor Permit, Permit No.5604495 ter of objection and two copies of a of Liquor Control. owned by Masich, Inc., 3655-57 letter requesting that the hearing be Section 3. That this resolution is Bosworth Road, 1st floor, Cleveland, held in Cleveland, Cuyahoga County, hereby declared to be an emergency Ohio 44111, and requests the Superin- and a statement by the Director of measure and, provided it receives the tendent of the Division of Liquor Con- Law that, in the Director’s opinion, affirmative vote of two-thirds of all trol to set a hearing for said applica- that the objection is based upon sub- the members elected to Council, it tion in accordance with provisions of stantial legal grounds within the shall take effect and be in force imme- Section 4303.271 of the Revised Code meaning and intent of division (A) of diately upon its adoption and of Ohio. Section 4303.292 of the Revised Code approval by the Mayor; otherwise, it Section 2. That the Clerk of Council to the Superintendent of the Division shall take effect and be in force from be and she is hereby directed to trans- of Liquor Control. and after the earliest period allowed mit two certified copies of this resolu- Section 3. That this resolution is by law. tion, together with two copies of a let- hereby declared to be an emergency Adopted July 16 , 2014. ter of objection and two copies of a measure and, provided it receives the Effective July 21, 2014. affirmative vote of two-thirds of all letter requesting that the hearing be the members elected to Council, it held in Cleveland, Cuyahoga County, shall take effect and be in force imme- and a statement by the Director of diately upon its adoption and Res. No. 890-14. Law that, in the Director’s opinion, approval by the Mayor; otherwise, it By Council Member Brady. that the objection is based upon sub- shall take effect and be in force from An emergency resolution objecting stantial legal grounds within the and after the earliest period allowed to the renewal of a D1, D2, D3 and D3A meaning and intent of division (A) of by law. Liquor Permit at 11619 Lorain Section 4303.292 of the Revised Code Adopted July 16 , 2014. Avenue, 1st floor and basement. to the Superintendent of the Division Effective July 21, 2014. Whereas, the uniform date for of Liquor Control. renewal of liquor permits in the State Section 3. That this resolution is of Ohio is October 1st; and hereby declared to be an emergency Whereas, pursuant to Section measure and, provided it receives the Res. No. 889-14. 4303.271 of the Revised Code, the leg- affirmative vote of two-thirds of all By Council Member Brady. islative authority of a municipal cor- the members elected to Council, it An emergency resolution objecting poration may object to the renewal of shall take effect and be in force imme- to the renewal of a D1, D2, D3 and D3A a permit based upon legal grounds as diately upon its adoption and Liquor Permit at 9401-03 Denison set forth in division (A) of Revised approval by the Mayor; otherwise, it Avenue, 1st floor and basement. Code Section 4303.292; and shall take effect and be in force from Whereas, the uniform date for Whereas, the applicant is unfit to and after the earliest period allowed renewal of liquor permits in the State continue to engage in the liquor per- by law. of Ohio is October 1st; and mit business in that he has operated Adopted July 16 , 2014. Whereas, pursuant to Section his liquor permit business in a man- Effective July 21, 2014. 4303.271 of the Revised Code, the leg- ner that demonstrates a disregard for 1068 July 23, 2014 The City Record 61 the laws, regulations or local ordi- Whereas, the place for which the healthy neighborhoods and residents nances of the state, and that this permit is sought has not conformed to who live healthier lifestyles includ- objection is based on other legal the building, safety or health require- ing being physically active and grounds as set forth in Revised Code ments of the governing body of this improving nutrition with access to Section 4303.292; and County or City; and fruits and vegetables; and Whereas, this resolution consti- Whereas, the place for which the Whereas, the Cleveland Metropoli- tutes an emergency measure provid- permit is sought is so arranged or con- tan School District (CMSD) has adopt- ing for the immediate preservation of structed that law enforcement offi- ed a revised Comprehensive Wellness the public peace, prosperity, safety cers or agents of the Division of Policy in April 2013 (Resolution No. and welfare pursuant to Section Liquor Control are prevented reason- 2013-3033(B)) to provide procedures 4303.271 of the Ohio Revised Code, able access to the establishment; and to ensure that students receive consis- objections to renewal of liquor per- Whereas, the place for which the tent information and education mits shall be made no later than thir- permit is sought is so located with regarding proper nutrition, increased ty days prior to the expiration date of respect to the neighborhood that it physical activity, and the benefits of the permit; now, therefore, substantially interferes with public healthy lifestyle choices through the Be it resolved by the Council of decency, sobriety, peace or good school, classroom, and cafeteria; and the City of Cleveland: order; and Whereas, the Alliance for a Health- Section 1. That Council does hereby Whereas, this objection is based on ier Generation (Alliance), founded by record its objection to the renewal of other legal grounds as set forth in the Clinton Foundation and the Amer- a D1, D2, D3 and D3A Liquor Permit, Revised Code Section 4303.292; and ican Heart Association, engages Permit No.1869990 owned by Cyber Whereas, this resolution consti- schools using the Healthy Schools Weekend Ltd., DBA It’s Life, 11619 tutes an emergency measure provid- Program Framework that identifies Lorain Avenue, 1st floor and base- ing for the immediate preservation of specific best practices to create ment, Cleveland, Ohio 44111, and the public peace, prosperity, safety healthier school environments includ- requests the Superintendent of the and welfare pursuant to Section ing policy and systems, employee wellness, school meals, physical edu- Division of Liquor Control to set a 4303.26 of the Ohio Revised Code. cation, health education, student hearing for said application in accor- Council’s objection to said permit wellness, and competitive food and dance with provisions of Section must be received by the Superinten- beverages; and 4303.271 of the Revised Code of Ohio. dent of Liquor Control within 30 days Whereas, the Saint Luke’s Founda- Section 2. That the Clerk of Council of notification; now, therefore, tion of Cleveland, Mt. Sinai Health be and she is hereby directed to trans- Be it resolved by the Council of Care Foundation, and United Way of mit two certified copies of this resolu- the City of Cleveland: Greater Cleveland have funded a ded- tion, together with two copies of a let- Section 1. That Council does hereby icated Alliance Program Officer for ter of objection and two copies of a record its objection to the transfer of CMSD for the next three years; and ownership of a D5 and D6 Liquor Per- letter requesting that the hearing be Whereas, 30.8% of children and mit from Soul Concepts, Inc., DBA held in Cleveland, Cuyahoga County, 30.1% of adults in the state of Ohio are Stone Town, 627 Prospect Avenue, E. and a statement by the Director of obese and the state ranks 24th (chil- Law that, in the Director’s opinion, & Patio, Cleveland, Ohio 44115, Per- dren) and 13th (adults) for state obe- that the objection is based upon sub- manent Number 83864740005 to sity ranking; and stantial legal grounds within the Maetab, LLC, DBA Stonetown, 627 Whereas, Healthy students perform meaning and intent of division (A) of Prospect Avenue, Cleveland, Ohio better, attend school more, and Section 4303.292 of the Revised Code 44115, Permanent Number 5516525; behave better in class; and to the Superintendent of the Division and requests the Superintendent of Whereas, 95% of school-aged youth of Liquor Control. Liquor Control to set a hearing for in the United States attend school; Section 3. That this resolution is said application in accordance with other than home, it is where they hereby declared to be an emergency provisions of Section 4303.26 of the spend the most time; and measure and, provided it receives the Revised Code of Ohio. Whereas, Children consume nearly affirmative vote of two-thirds of all Section 2. That the Clerk of Council 50% of their daily calories while the members elected to Council, it be and she is hereby directed to trans- attending school; and shall take effect and be in force imme- mit two certified copies of this resolu- Whereas, the Alliance Healthy diately upon its adoption and tion, together with two copies of a let- Schools Program reaches 892 schools approval by the Mayor; otherwise, it ter of objection and two copies of a and over 465,000 students in the state shall take effect and be in force from letter requesting that the hearing be of Ohio; and and after the earliest period allowed held in Cleveland, Cuyahoga County. Whereas, the CMSD serves 45,900 by law. Section 3. That this resolution is meals, 16,900 breakfasts, and 29,000 Adopted July 16 , 2014. hereby declared to be an emergency lunches per day; and Effective July 21, 2014. measure and, provided it receives the Whereas, 79 schools in the CMSD affirmative vote of two-thirds of all have expressed interest in participat- the members elected to Council, it ing in the Healthy Schools Program; shall take effect and be in force imme- and Res. No. 891-14. diately upon its adoption and Whereas, five CMSD Schools By Council Member Cimperman. approval by the Mayor; otherwise, it (Buhrer Dual Language Academy, An emergency resolution objecting shall take effect and be in force from Douglas MacArthur Girls Leadership to the transfer of ownership of a D5 and after the earliest period allowed Academy, John Marshall High School, and D6 Liquor Permit to 627 Prospect by law. Michael R. White STEM School, and Avenue. Adopted July 16 , 2014. Ginn Academy) have achieved Whereas, Council has been notified Effective July 21, 2014. Bronze Recognition Status by the by the Division of Liquor Control of Alliance for a Healthier Generation; an application for the transfer of own- Whereas, this resolution consti- ership of a D5 and D6 Liquor Permit tutes an emergency measure for the from Soul Concepts, Inc., DBA Stone Res. No. 935-14. immediate preservation of public Town, 627 Prospect Avenue, E. & By Council Member Cimperman. peace, property, health or safety, now, Patio, Cleveland, Ohio 44115, Perma- An emergency resolution support- therefore, nent Number 83864740005 to Maetab, ing the Alliance for a Healthier Gen- Be it resolved by the Council of LLC, DBA Stonetown, 627 Prospect eration Healthy Schools Program and the City of Cleveland: Avenue, Cleveland, Ohio 44115, Per- the implementation of its framework Section 1. That this Council sup- manent Number 5516525; and in the Cleveland Metropolitan School ports the Alliance for a Healthier Whereas, the granting of this appli- District, and encouraging all CMSD Generation Healthy Schools Program cation for a liquor permit to this high schools to enroll in the program, build and the implementation of its frame- crime area, which is already saturat- school wellness councils, including work in the Cleveland Metropolitan ed with other liquor outlets, is con- teachers/staff, students, parents, and School District, and encourages all trary to the best interests of the entire community partners, complete the CMSD schools to enroll in the pro- community; and Healthy Schools Program Inventory gram, build school wellness councils, Whereas, the applicant does not to assess current school efforts, and including teachers/staff, students, qualify to be a permit holder and/or develop an action plan based on parents, and community partners, has demonstrated that he has operat- what’s important and achievable in complete the Healthy Schools Pro- ed his liquor business in disregard of each school community. gram Inventory to assess current the laws, regulations or local ordi- Whereas, the City of Cleveland and school efforts, and develop an action nances of this state or any other state; Cleveland City Council are committed plan based on what’s important and and to creating a Healthy Cleveland with achievable in each school community. 1069 62 The City Record July 23, 2014

Section 2. That this resolution is Council’s objection to said permit West 25th Street, 1st floor and base- hereby declared to be an emergency must be received by the Superinten- ment, Cleveland, Ohio 44109, Perma- measure and, provided it receives the dent of Liquor Control within 30 days nent Number 8917129, be and the same affirmative vote of two-thirds of all of notification; now, therefore, is hereby withdrawn and Resolution the members elected to Council, it Be it resolved by the Council of No. 1163-13, containing such objection, shall take effect and be in force imme- the City of Cleveland: be and the same is hereby repealed diately upon its adoption and Section 1. That Council does hereby and that this Council consents to the approval by the Mayor; otherwise it record its objection to the transfer of immediate permit thereof. shall take effect and be in force from ownership of a D5 and D6 Liquor Per- Section 2. That this resolution is and after the earliest period allowed mit from Suroc, Inc., DBA Sushi Rock, hereby declared to be an emergency by law. 1276 West 6th Street and patio, 1st and measure and provided it receives the Adopted July 16 , 2014. 2nd floors and basement, Cleveland, affirmative vote of two-thirds of all Effective July 21, 2014. Ohio 44113, Permanent Number the members elected to Council, it 27088760005 to 1276 West 6th, LLC, shall take effect and be in force imme- 1276 West 6th Street and patio, 1st and diately upon its adoption and 2nd floors and basement, Cleveland, approval by the Mayor; otherwise, it Res. No. 936-14. Ohio 44113, Permanent Number shall take effect and be in force from By Council Member Cimperman. 9115289; and requests the Superinten- and after the earliest period allowed An emergency resolution objecting dent of Liquor Control to set a hearing by law. to the transfer of ownership of a D5 for said application in accordance Adopted July 16 , 2014. and D6 Liquor Permit to 1276 West 6th with provisions of Section 4303.26 of Effective July 21, 2014. Street and patio, 1st and 2nd floors the Revised Code of Ohio. and basement. Section 2. That the Clerk of Council Whereas, Council has been notified be and she is hereby directed to trans- by the Division of Liquor Control of mit two certified copies of this resolu- Res. No. 938-14. an application for the transfer of own- tion, together with two copies of a let- By Council Member Cummins. ership of a D5 and D6 Liquor Permit ter of objection and two copies of a An emergency resolution with- from Suroc, Inc., DBA Sushi Rock, letter requesting that the hearing be drawing objection to the renewal of a 1276 West 6th Street and patio, 1st and held in Cleveland, Cuyahoga County. D2, D2X, D3 and D3A Liquor Permit at 2nd floors and basement, Cleveland, Section 3. That this resolution is 3357-59 Fulton Road, 1st floor and Ohio 44113, Permanent Number hereby declared to be an emergency repealing Resolution No. 1165-13, 27088760005 to 1276 West 6th, LLC, measure and, provided it receives the objecting to said renewal. Whereas, this Council objected to 1276 West 6th Street and patio, 1st and affirmative vote of two-thirds of all the renewal of a D2, D2X, D3 and D3A 2nd floors and basement, Cleveland, the members elected to Council, it Liquor Permit to Patricia M. Carr, Ohio 44113, Permanent Number shall take effect and be in force imme- DBA Crystal Sports Bar, 3357-59 Ful- 9115289; and diately upon its adoption and ton Road, 1st floor, Cleveland, Ohio Whereas, the granting of this appli- approval by the Mayor; otherwise, it shall take effect and be in force from 44109, Permanent Number 1282064 by cation for a liquor permit to this high Resolution No. 1165-13, adopted by the crime area, which is already saturat- and after the earliest period allowed by law. Council on August 14, 2013; and ed with other liquor outlets, is con- Whereas, this Council wishes to Adopted July 16 , 2014. trary to the best interests of the entire withdraw its objection to the above Effective July 21, 2014. community; and permit and consents to said permit; Whereas, the applicant does not and qualify to be a permit holder and/or Whereas, this resolution consti- has demonstrated that he has operat- tutes an emergency measure provided his liquor business in disregard of Res. No. 937-14. ing for the usual daily operation of a the laws, regulations or local ordi- By Council Member Cummins. municipal department; now, there- nances of this state or any other state; An emergency resolution with- fore, and drawing objection to the renewal of a Be it resolved by the Council of Whereas, the place for which the D5 Liquor Permit at 3194 West 25th the City of Cleveland: permit is sought has not conformed to Street, 1st floor and basement and Section 1. That objection to the the building, safety or health require- repealing Resolution No. 1163-13, renewal of a D2, D2X, D3 and D3A ments of the governing body of this objecting to said renewal. Liquor Permit to Patricia M. Carr, County or City; and Whereas, this Council objected to DBA Crystal Sports Bar, 3357-59 Ful- Whereas, the place for which the the renewal of a D5 Liquor Permit to ton Road, 1st floor, Cleveland, Ohio permit is sought is so arranged or con- 3194 Tavern, LLC, DBA Stumble Inn, 44109, Permanent Number 1282064, be structed that law enforcement offi- 3194 West 25th Street, 1st floor and and the same is hereby withdrawn cers or agents of the Division of basement, Cleveland, Ohio 44109, Per- and Resolution No. 1165-13, containing Liquor Control are prevented reason- manent Number 8917129 by Resolu- such objection, be and the same is able access to the establishment; and tion No. 1163-13, adopted by the Coun- hereby repealed and that this Council Whereas, the place for which the cil on August 14, 2013; and consents to the immediate permit permit is sought is so located with Whereas, this Council wishes to thereof. respect to the neighborhood that it withdraw its objection to the above Section 2. That this resolution is substantially interferes with public permit and consents to said permit; hereby declared to be an emergency decency, sobriety, peace or good and measure and provided it receives the order; and Whereas, this resolution consti- affirmative vote of two-thirds of all Whereas, this objection is based on tutes an emergency measure provid- the members elected to Council, it other legal grounds as set forth in ing for the usual daily operation of a shall take effect and be in force imme- Revised Code Section 4303.292; and municipal department; now, there- diately upon its adoption and Whereas, this resolution consti- fore, approval by the Mayor; otherwise, it tutes an emergency measure provid- Be it resolved by the Council of shall take effect and be in force from ing for the immediate preservation of the City of Cleveland: and after the earliest period allowed the public peace, prosperity, safety Section 1. That objection to the by law. and welfare pursuant to Section renewal of a D5 Liquor Permit to 3194 Adopted July 16 , 2014. 4303.26 of the Ohio Revised Code. Tavern, LLC, DBA Stumble Inn, 3194 Effective July 21, 2014.

Thence easterly along said westerly prolongation to its intersection with the northerly line of said parcel; Thence easterly along said northerly line a distance of 140.03 feet to its intersection with the easterly line of said parcel; Thence southerly along said easterly line a distance of 16.25 feet to its intersection with the northerly line of said parcel; Thence easterly along said northerly line a distance of 25.00 feet to its intersection with the easterly line of said parcel; Thence southerly along said easterly line a distance of 38.95 feet to its intersection with the southerly line of said parcel; Thence westerly along said southerly line a distance of 68.20 feet to its intersection with the easterly line of said parcel; Thence southerly along said easterly line and its southerly prolongation to its intersection with the centerline of Detroit Avenue; Thence westerly along Detroit Avenue to its intersection with the place of origin; and as shaded on the attached map is changed to a Local Retail Business District, a ‘C’ Area District and a ‘3’ Height Dis- trict. Section 2. That the Use, Area and Height Districts of lands bounded and described as follows: Beginning at the intersection of Detroit Avenue and W. 117th Street; Thence northerly along the centerline of W. 117th Street to its intersection with the westerly prolongation of the southerly line of a parcel of land conveyed to GFS MARKETPLACE REALTY FIVE LLC by deed dated December 20, 2012 and recorded in Auditor’s File Number 201212200567 said parcel also being known as 001-20-057; Thence easterly along said prolongation and southerly line to its intersection with the westerly line thereof; Thence southerly along said westerly line to its intersection with the southerly line thereof; Thence easterly along said southerly line to its intersection with the westerly line thereof; Thence southerly along said westerly line to its intersection with the southerly line thereof; Thence easterly along said southerly line to its intersection with easterly line thereof; Thence northerly along said easterly line to its intersection with the southerly line thereof; Thence easterly along said southerly line and its easterly prolongation to its intersection with the centerline of W. 116th Street; Thence northerly along the centerline of W. 116th Street to its intersection with the easterly prolongation of the southerly line of Sublot No. 1 in the Charles A. Cook Allotment shown on the recorded plat in Volume 16, Page 6 of Cuya- hoga County Map Records; Thence westerly along said easterly prolongation and southerly line to its intersection with the westerly line thereof; Thence northerly along said westerly line and its northerly prolongation to its intersection with the northerly line of a parcel of land conveyed to PAPPAS, TOM by deed dated May 15, 2003 and recorded in Auditor’s File Number 200305190028 said parcel also being known as 001-20-073; Thence westerly along said northerly line and its westerly prolongation to its intersection with the centerline of W. 117th Street; Thence northerly along the centerline of W. 117th Street to its intersection with the westerly prolongation of the northerly line of Sublot No. 10 in the S.B. Marshall Allotment shown on the recorded plat in Volume 15, Page 34 of Cuya- hoga County Map Records; Thence easterly along said westerly prolongation and northerly line to its intersection with the easterly line thereof; Thence northerly along the northerly prolongation of said easterly line to its intersection with the northerly line of a parcel of land conveyed to Kazimour, Jeffrey M. and Kazimour, Terri L. by deed dated June 3, 1996 and recorded in Audi- tor’s File Number V96051380008 said parcel also being known as 001-21-006; Thence westerly along said northerly line and its westerly prolongation to its intersection with W 117th Street; Thence southerly along the centerline of W. 117th Street to its intersection with the place of origin; and as shaded on the attached map is changed to a Local Retail Business District, a ‘C’ Area District and a ‘2’ Height Dis- trict. Section 3. That the Use, Area and Height Districts of lands bounded and described as follows: Beginning at the intersection of Clifton Boulevard and W. 117th Street; Thence southerly along the centerline of W. 117th Street to its intersection with the westerly prolongation of the northerly line of Sublot No. 10 in the S.B. Marshall Allotment shown on the recorded plat in Volume 15, Page 34 of Cuya- hoga County Map Records; Thence easterly along said westerly prolongation and northerly line to its intersection with the easterly line thereof; Thence southerly along said easterly line and its southerly prolongation to its intersection with the northerly line of a parcel of land conveyed to PAPPAS, TOM by deed dated May 15, 2003 and recorded in Auditor’s File Number 200305190028 said parcel also being known as 001-20-073; Thence westerly along said northerly line and its westerly prolongation to its intersection with the centerline of W. 117th Street; Thence northerly along the centerline of W. 117th Street to its intersection with the place of origin; and as shaded on the attached map is changed to a General Retail Business District, a ‘C’ Area District and a ‘2’ Height District. Section 4. That the Use, Area and Heights Districts of lands bounded and described as follows: Beginning at the intersection of W. 116th Street and Clifton Boulevard; Thence southerly along the centerline of W. 116th Street to its intersection with the easterly prolongation of the southerly line of a parcel of land conveyed to Carisa White by deed dated April 14, 2000 and recorded in Auditor’s File Number 200004140021 said parcel also being known as 001-20-054; Thence westerly along said easterly prolongation and southerly line to its intersection with the westerly line thereof; Thence northerly along said westerly line to its intersection with the southerly line of a parcel of land conveyed to Holda Rosemary&Rose(Life Est by deed dated March 22, 1985 and recorded in Auditor’s File Number V85512860024 said parcel also being known as 001-20-055; Thence westerly along said southerly line to its intersection with the westerly line thereof; Thence northerly along said westerly line and its northerly prolongation to its intersection with the northerly line of a parcel of land conveyed to Mc Clelland Charles E and Mc Clelland Doris L by deed dated October 17, 1985 and recorded in Auditor’s File Number V85558430003 said parcel also being known as 001-20-056; Thence easterly along said northerly line and its easterly prolongation to its intersection with the centerline of W. 116th Street; 1071 64 The City Record July 23, 2014

Thence northerly along the centerline of W. 116th Street to its intersection with the place of origin; and as shaded on the attached map is changed to a Two Family District, a ‘B’ Area District and a ‘1’ Height District.”. Section 5. That the Use, Area and Height Districts of lands bounded and described as follows: Beginning at the intersection of Clifton Boulevard and W. 116th Street; Thence southerly along the centerline of W. 116th Street to its intersection with the easterly prolongation of the northerly line of Sublot No. 2 in the Charles A. Cook Allotment shown on the recorded plat in Volume 16, Page 6 of Cuya- hoga County Map Records; Thence westerly along said easterly prolongation and northerly line to its intersection with the westerly line thereof; Thence southerly along said westerly line and its southerly prolongation to its intersection with the southerly line of Sublot No. 1 in said allotment; Thence easterly along said southerly line and its easterly prolongation to its intersection with the centerline of W. 116th Street; Thence northerly along the centerline of W. 116th Street to its intersection with the place of origin; and as shaded on the attached map is changed to a Multi Family District, a ‘D’ Area District and a ‘2’ Height District. Section 6. That the changed designation of lands described in Section 1 through 5 shall be identified as Map Change No. 2478, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Coun- cil and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed July 16, 2014. Effective August 20, 2014.

Ord. No. 400-14. By Councilmember Zone. An ordinance establishing a Pedestrian Retail Overlay District (PRO) on lands located on the north and south sides of Detroit Avenue at West 117th Street and on the east side of West 117th Street between Detroit Avenue and Madison Avenue (Map Change No. 2479). Be it ordained by the Council of the City of Cleveland: Section 1. That the lands located on the north and south sides of Detroit Avenue at West 117th Street and on the east side of West 117th Street between Detroit Avenue and Madison Avenue as shown shaded and outlined on the attached map are hereby designated as a Pedestrian Retail Overlay District (PRO). Section 2. That the overlay designation of lands described in Section 1 shall be identified as Map Change No. 2479, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Plan- ning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 1072 July 23, 2014 The City Record 65

Passed July 16, 2014. Effective August 20, 2014.

Ord. No. 617-14. Beginning on the southerly line of Bearings used herein are based on By Council Members K. Johnson Euclid Avenue, 99.00 feet in width, at assumed meridian and are used to and Brancatelli (by departmental the northwesterly corner of Parcel indicate angles only. request). “A” in a Map of Lot Consolidation for The intent of the above legal An emergency ordinance authoriz- 668 Euclid Avenue as shown by the description is to include all portions ing the Director of Capital Projects to recorded plat in Volume 356, Page 80 of the existing basement beneath the issue a permit to NF II Cleveland, of Cuyahoga County Map Records, sidewalk of Euclid Avenue from the LLC to encroach into the public right- Thence S 80°06'53" W, along said southerly line of Euclid Avenue to the of-way of Euclid Avenue and southerly line of Euclid Avenue, a dis- northerly, easterly and westerly out- Prospect Avenue by installing, using, tance of 9.92 feet to the principal side walls of the basement. and maintaining 2 basement vaults, place of beginning of the encroach- canopy and a canopy/marquee. ment herein intended to be described; BASEMENT ENCROACHMENT Whereas, this ordinance constitutes Course No. 1: Thence S 80°06'53" W, BENEATH THE SIDEWALK an emergency measure providing for continuing along said southerly line AND WITHIN the usual daily operation of a munici- of Euclid Avenue, a distance of 144.40 THE R/W OF PROSPECT AVENUE pal department; now, therefore, feet to the northeast corner of Block Be it ordained by the Council of “A” in a Consolidation Plat for 410 Situated in the City of Cleveland, the City of Cleveland: Euclid, LLC as shown by the plat County of Cuyahoga and State of Section 1. That the Director of Cap- Ohio, and known as being a part of recorded in Volume 343, Page 32 of ital Projects is authorized to issue a Original Two Acre Lot Nos. 102 and Cuyahoga County Map Records; permit, revocable at the will of Coun- 103, and further bounded and Course No. 2: Thence N 9°53'07" W, cil, to NF II Cleveland, LLC c/o Noble described as follows: along the northerly prolongation of Investment Group, 1100 Monarch Beginning on the northerly line of the easterly line of said Block “A” in Tower, 3424 Peachtree Road, Atlanta, Prospect Avenue S.E., 82.50 feet in Consolidation Plat for 410 Euclid, Georgia 30326 (“Permittee”), to width, at the southwesterly corner of encroach into the public right-of-way LLC, a distance of 15.19 feet to a point; Parcel “A” in a Map of Lot Consolida- of Euclid Avenue and Prospect Course No. 3: Thence N 80°06'53" E, tion for 668 Euclid Avenue as shown Avenue by installing, using, and parallel to said southerly line of by the recorded plat in Volume 356, maintaining 2 basement vaults, Euclid Avenue, a distance of 68.11 feet Page 80 of Cuyahoga County Map canopy and a canopy/marquee at the to a point; Records, said southwesterly corner following locations: Course No. 4: Thence N 9°53'07" W, being the principal place of begin- a distance of 1.52 feet to a point; ning of the encroachment herein BASEMENT ENCROACHMENT Course No. 5: Thence N 80°05'08" E, intended to be described; BENEATH THE SIDEWALK a distance of 76.28 feet to a point; Course No. 1: Thence S 11°46'54" E, AND WITHIN Course No. 6: Thence S 9°54'52" E, a along the southerly prolongation of THE R/W OF EUCLID AVENUE distance of 16.75 feet to the principal the westerly line of said Parcel “A”, a point of beginning and containing distance of 11.58 feet to a point; Situated in the City of Cleveland, 0.0530 acres (2310 sq. ft.) of land as Course No. 2: Thence S 78°12'28" W, County of Cuyahoga and State of calculated and described by Garrett & parallel to said northerly line of Ohio, and known as being a part of Associates, Registered Engineers Prospect Avenue, a distance of 121.50 Original Two Acre Lot No. 92, and fur- and Surveyors in January, 2014, be the feet to a point; ther bounded and described as fol- same or less, but subjected to all legal Course No. 3: Thence S 11°47'32" E, lows: highways. a distance of 0.50 feet to a point; 1073 66 The City Record July 23, 2014

Course No. 4: Thence S 78°12'28" W, Ohio, and known as being a part of Ord. No. 622-14. parallel to said northerly line of Original Two Acre Lot No. 92, and fur- By Council Members K. Johnson, Prospect Avenue, a distance of 95.78 ther bounded and described as fol- BrancatelIi, and Kelley (by depart- feet to a point; lows: mental request). Course No. 5: Thence N 11°44'45" W, Beginning on the southerly line of An emergency ordinance determin- a distance of 12.08 feet to a point on Euclid Avenue, 99.00 feet in width, at ing the method of making the public said northerly line of Prospect the northwesterly corner Parcel “A” improvement of repairing and reno- Avenue; in a Map of Lot Consolidation for 668 vating the East Side Market and park- Course No. 6: Thence N 78°12'28" E, Euclid Avenue as shown by the ing lot; authorizing the Director of along said northerly line of Prospect recorded plat in Volume 356, Page 80 Public Works to enter into one or Avenue, a distance of 217.27 feet to of Cuyahoga County Map Records, more public improvement contracts to the principal point of beginning and Thence S 80°06'53" W, along said construct the improvement; and containing 0.0589 acres (2564 sq. ft.) southerly line of Euclid Avenue, a dis- authorizing the director to employ of land as calculated and described by tance of 25.01 feet to the principal one or more professional consultants Garrett & Associates, Registered place of beginning of the encroach- necessary to design the improvement. Engineers and Surveyors in January, ment herein intended to be described; Whereas, this ordinance constitutes 2014, be the same or less, but subject- Course No. 1: Thence continuing S an emergency measure providing for ed to all legal highways. 80°06'53" W, along said southerly line the usual daily operation of a munici- Bearings used herein are based on of Euclid Avenue, a distance of 17.50 pal department; now, therefore, assumed meridian and are used to feet to a point; Be it ordained by the Council of indicate angles only. Course No. 2: Thence N 9°53'07" W, the City of Cleveland: The intent of the above legal a distance of 15.20 feet to a point; Section 1. That, under Section 167 description is to include all portions Course No. 3: Thence N 80°06'53" E, of the Charter of the City of Cleve- of the existing basement beneath the parallel to said southerly line of land, this Council determines to make sidewalk of Prospect Avenue from Euclid Avenue, a distance of 17.50 feet the public improvement of repairing the northerly line of Prospect Avenue to a point; and renovating the East Side Market to the southerly, easterly and wester- Course No. 4: Thence S 9°53'07" E, a and parking lot, including but not lim- ly outside walls of the basement. distance of 15.20 feet to the principal ited to, repairing the roof, updating or point of beginning and containing replacing mechanical and other build- CANOPY ENCROACHMENT ABOVE 0.0061 acres (266 sq. ft.) of land as cal- ing systems, improving the interior THE SIDEWALK AND WITHIN culated and described by Garrett & equipment and spaces, including inte- R/W OF PROSPECT AVENUE Associates, Registered Engineers rior demolition and space reconfigu- and Surveyors in January, 2014, be the ration (the “Improvement”), for the Situated in the City of Cleveland, same or less, but subjected to all legal Department of Public Works, by one County of Cuyahoga and State of highways. or more contracts duly let to the low- Ohio, and known as being a part of Bearings used herein are based on est responsible bidder or bidders after Original Two Acre Lot No. 103, and assumed meridian and are used to competitive bidding on a unit basis further bounded and described as fol- indicate angles only. for the Improvement. lows: The intent of the above legal Section 2. That the Director of Pub- Beginning on the northerly line of description is to include all portions lic Works is authorized to enter into Prospect Avenue S.E., 82.50 feet in of the existing canopy/marquee at one or more contracts for the making width, at the southwesterly corner of street level on Euclid Avenue from of the Improvement with the lowest Parcel “A” in a Map of Lot Consolida- the southerly line of Euclid Avenue to responsible bidder or bidders after tion for 668 Euclid Avenue as shown the northerly, easterly and westerly competitive bidding on a unit basis for the Improvement, provided, how- by the recorded plat in Volume 356, extremities of the canopy. ever, that each separate trade and Page 80 of Cuyahoga County Map Legal Description approved by each distinct component part of the Records; Greg Esber, Section Chief, Plats, Sur- Improvement may be treated as a sep- Thence S 78°12'28" W, along said veys and House Numbering Section. arate improvement, and each, or any northerly line of Prospect Avenue, a Section 2. That Permittee may combination, of the trades or compo- distance of 69.20 feet to the principal assign the permit only with the prior nents may be the subject of a separate place of beginning of the encroach- written consent of the Director of contract on a unit basis. ment herein intended to be described; Capital Projects. That the encroach- Section 3. That the Director of Pub- Course No. 1: Thence S 11°47'32" E, ing structure(s) permitted by this lic Works is authorized to apply and a distance of 15.00 feet to a point; ordinance shall conform to plans and pay for permits, licenses, or other Course No. 2: Thence S 78°12'28" W, specifications first approved by the authorizations required by any regu- parallel to said northerly line of Manager of Engineering and Con- latory agency or public authority to Prospect Avenue, a distance of 23.60 struction. That Permittee shall obtain permit performance of the work feet to a point; all other required permits, including authorized by this ordinance. Course No. 3: Thence N 11°47'32" W, but not limited to Building Permits, Section 4. That the Director of Pub- a distance of 15.00 feet to a point on before installing the encroach - said northerly line of Prospect lic Works is authorized to employ by ment(s). Avenue; contract or contracts one or more con- Section 3. That the Director of Law Course No. 4: Thence N 78°12'28" E, sultants or one or more firms of con- shall prepare the permit authorized along said northerly line of Prospect sultants for the purpose of supple- by this ordinance and shall incorpo- Avenue, a distance of 23.60 feet to the menting the regularly employed staff rate such additional provisions as the principal point of beginning and con- of the several departments of the City director determines necessary to pro- taining 0.0081 acres (354 sq. ft.) of of Cleveland in order to provide pro- land as calculated and described by tect and benefit the public interest. fessional services necessary to design Garrett & Associates, Registered The permit shall be issued only when, the Improvement. Engineers and Surveyors in January, in the opinion of the Director of Law, The selection of the consultants for 2014, be the same or less, but subject- a prospective Permittee has properly the services shall be made by the ed to all legal highways. indemnified the City against any loss Board of Control on the nomination of Bearings used herein are based on that may result from the encroach- the Director of Public Works from a assumed meridian and are used to ment(s) permitted. list of qualified consultants available indicate angles only. Section 4. That the permit shall for employment as may be determined The intent of the above legal reserve to the City reasonable right of after a full and complete canvass by description is to include all portions entry to the encroachment the Director of Public Works for the of the existing canopy at street level location(s). purpose of compiling a list. The com- on Prospect Avenue from the norther- Section 5. That this ordinance is pensation to be paid for the services ly line of Prospect Avenue to the declared to be an emergency measure shall be fixed by the Board of Control. southerly, easterly and westerly and, provided it receives the affirma- The contract or contracts authorized extremities of the canopy. tive vote of two-thirds of all the mem- shall be prepared by the Director of bers elected to Council, it shall take Law, approved by the Director of Pub- CANOPY/MARQUEE effect and be in force immediately lic Works, and certified by the Direc- ENCROACHMENT ABOVE THE upon its passage and approval by the tor of Finance. SIDEWALK AND WITHIN THE Mayor; otherwise it shall take effect Section 5. That the cost of the con- R/W OF EUCLID AVENUE and be in force from and after the ear- tracts and other expenditures autho- liest period allowed by law. rized shall be paid from Fund Nos. 19 Situated in the City of Cleveland, Passed July 16, 2014. SF 675 and 10 SF 951, Request No. RQS County of Cuyahoga and State of Effective July 21, 2014. 7005, RL 2014-60. 1074 July 23, 2014 The City Record 67

Section 6. That this ordinance is sidewalk on East 9th Street, at no cost Course 2) Thence South 25 degrees declared to be an emergency measure to the City of Cleveland, and more 37 minutes 22 seconds East a distance and, provided it receives the affirma- fully described as follows: of 43.40 feet to a point of curvature; tive vote of two-thirds of all the mem- Course 3) Thence with the arc of a bers elected to Council, it shall take LEGAL DESCRIPTION curve deflecting to the right, having a effect and be in force immediately SIDEWALK EASEMENT radius of 43.00 feet, a central angle of upon its passage and approval by the EAST 9TH STREET 37 degrees 44 minutes 57 seconds, the Mayor; otherwise it shall take effect chord of which bears South 06 degrees and be in force from and after the ear- Situated in the City of Cleveland, 44 minutes 53 seconds East 27.82 feet, County of Cuyahoga and State of Ohio liest period allowed by law. an arc distance of 28.33 feet to the and known as being part of Lot 1 in Passed July 16, 2014. northeasterly line of East 9th Street; the Lot Consolidation for Geis Proper- Effective July 21, 2014. Course 4) Thence along the north- ties, LLC of part of Original Two Acre Lots Nos. 154 and 155 as shown by the easterly line of East 9th Street, North recorded plat in Volume 373, Page 41 25 degrees 37 minutes 22 seconds West a distance of 88.94 feet to the Ord. No. 628-14. of Cuyahoga County Map Records and Principal Place of Beginning as By Council Members K. Johnson, being more particularly described as follows: described by Christopher J. Dempsey, Brancatelli and Kelley (by depart- Beginning on the southerly line of Professional Land Surveyor No. 6914 mental request). Euclid Avenue (99 feet wide) at its of Dempsey Surveying Company on An emergency ordinance authoriz- intersection with the northeasterly February 19, 2014. ing the Director of Capital Projects to line of East 9th Street (99 feet wide), Section 2. That the Director of Capi- accept certain easement interests said point being witnessed by a brass tal Projects is authorized to execute from Geis Tower Hotel Master Land- arrow found South 17 degrees 49 min- lord, LLC for a public sidewalk. all documents on behalf of the City of utes West, 0.07 feet therefrom; Thence Cleveland necessary to acquire cer- Whereas, this ordinance constitutes along the northeasterly line of East an emergency measure providing for tain rights in and to the premises. 9th Street South 25 degrees 37 minutes Section 3. That this ordinance is the usual daily operation of a munici- 22 seconds East a distance of 131.26 declared to be an emergency measure pal department; now, therefore, feet to the PRINCIPAL PLACE OF and, provided it receives the affirma- Be it ordained by the Council of BEGINNING of the parcel described tive vote of two-thirds of all the mem- the City of Cleveland: herein: Section 1. That, notwithstanding Course 1) Thence with arc of a non- bers elected to Council, it shall take and as an exception to the Codified tangent curve deflecting to the right, effect and be in force immediately Ordinances of Cleveland, Ohio, 1976, having a radius of 25.00 feet, a central upon its passage and approval by the the Director of Capital Projects is angle of 50 degrees 12 minutes 29 sec- Mayor; otherwise it shall take effect authorized to accept certain easement onds, the chord of which bears South and be in force from and after the ear- rights from Geis Tower Hotel Master 50 degrees 43 minutes 37 seconds East liest period allowed by law. Landlord, LLC, in and to the premises 21.21 feet, an arc distance of 21.91 feet Passed July 16, 2014. hereinafter described for a public to a point of tangency; Effective July 21, 2014.

Ord. No. 630-14. By Council Member Cimperman. An ordinance changing the Use District of lands on the east side of W. 11th Street south of Kenilworth from Two Fam- ily Residential to Residence Office District (Map Change No. 2490). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands bounded and described as follows: Beginning in the centerline of W. 11th Street at its intersection with the centerline of Kenilworth Avenue; Thence southerly along said centerline of W. 11th Street to its intersection with the westerly prolongation of the southerly line of a parcel of land conveyed to WMH822 LLC by deed dated September 15, 1995 and recorded in Auditor’s File Number V95077780041; said parcel also being known as Cuyahoga County’s Permanent Parcel Number 004-13-044; Thence easterly along said westerly prolongation and said southerly line and along its easterly prolongation to its intersection with the westerly line of a parcel of land conveyed to Elizabeth & Dionesio Richards Flores by deed dated July 6, 2006 and recorded in Auditor’s File Number 200607060313; said parcel also being known as Cuyahoga County’s Per- manent Parcel Number 004-13-039; Thence southerly along said westerly line to its intersection with the southerly line thereof; Thence easterly along said southerly line to its intersection with the easterly line thereof; Thence southerly along said easterly line and along its southerly prolongation to its intersection with the northerly line of a parcel of land conveyed to Kevin Charles and Kelley Ann Conway by deed dated October 3, 2005 and recorded in Auditor’s File Number 200510031213; said parcel also being known as Cuyahoga County’s Permanent Parcel Number 004-13-033; Thence westerly along said northerly line to its intersection with a line drawn 72.61 feet easterly of and parallel to the easterly line thereof; Thence northerly along said parallel line approximately 31.85’ to its intersection with a line drawn northerly of and parallel to said northerly line of Permanent Parcel Number 004-13-033; Thence westerly along said parallel line to its intersection with the centerline of W. 11th Street; Thence northerly along said centerline of W. 11th Street to its intersection with the centerline of Kenilworth Avenue and the principal place of beginning. and as shaded on the attached map is changed to a Residence Office District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2490, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Plan- ning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 1075 68 The City Record July 23, 2014

Passed July 16, 2014. Effective August 20, 2014.

Ord. No. 672-14. bilitation, site preparation, site acqui- other security instrument executed to By Council Members Brancatelli sition, predevelopment activities and evidence and secure repayment of and Kelley (by departmental financial assistance to home buyers. loans made under this program. request). Section 3. That the amount allocat- Section 6. That the Director of Com- An emergency ordinance authorized for the contracts shall be approxi- munity Development is authorized to ing the Director of Community Devel- mately $3,500,000 and prior years bal- enter into forbearance agreements opment to enter into one or more con- ances, and shall be paid from Federal with any recipient of a validly exist- tracts with various housing develop- HOME Grant Fund Nos. 19 SF 670 and ing loan administered by the City, ment entities, or their designees, to 19 SF 680 and from Community Devel- and to charge and accept fees to cover implement the Housing Trust Fund opment Block Grant Fund No. 14 SF costs incurred in the preparation of Program, for costs associated with 040. Request No. RQS 8006, RL 2014- loan documents, closing, and servic- various housing activities. 0065. ing costs. Such fees shall be deposited Whereas, this ordinance constitutes Section 4. That the Director of Com- into Fund No. 19. The revenues gener- ated as a result of charging fees are an emergency measure providing for munity Development is authorized to hereby appropriated for additional the usual daily operation of a munici- accept monies in repayment of loans program and operating expenses for pal department; now, therefore, authorized in this ordinance and to Housing Trust Fund activities. deposit those monies in Fund Nos. 14, Be it ordained by the Council of Section 7. That this ordinance is the City of Cleveland: and 19 and utilize said repayments declared to be an emergency measure Section 1. That the Director of Com- and other program income in a revolv- and, provided it receives the affirma- munity Development is authorized to ing fund for making additional tive vote of two-thirds of all the mem- enter into one or more contracts with expenditures under this program, and bers elected to Council, it shall take various housing development enti- such funds are hereby appropriated effect and be in force immediately ties, or their designees, for the pur- for that purpose. upon its passage and approval by the pose of implementing the Housing Section 5. That the City is autho- Mayor; otherwise it shall take effect Trust Fund Program. rized to accept promissory notes, nam- and be in force from and after the ear- Section 2. That eligible activities ing the City of Cleveland as payee, liest period allowed by law. under the Housing Trust Fund Pro- and mortgages, naming the City of Passed July 16, 2014. gram include new construction, reha- Cleveland as mortgagee, and any Effective July 21, 2014. 1076 July 23, 2014 The City Record 69

Ord. No. 678-14. and be in force from and after the ear- Section 5. That this ordinance is By Council Members K. Johnson, liest period allowed by law. declared to be an emergency measure Brancatelli and Kelley (by depart- Passed July 16, 2014. and, provided it receives the affirma- mental request). Effective July 21, 2014. tive vote of two-thirds of all the mem- An emergency ordinance to vacate bers elected to Council, it shall take a portion of Luke Road S.E. effect and be in force immediately Whereas, under Resolution No. 1598- upon its passage and approval by the 13, adopted March 17, 2014, this Coun- Ord. No. 679-14. Mayor; otherwise it shall take effect cil declared its intention to vacate a By Council Members Cimperman, and be in force from and after the ear- portion of Luke Road S.E.; and K. Johnson, Brancatelli and Kelley liest period allowed by law. Whereas, notice of the adoption of (by departmental request). Passed July 16, 2014. the above vacation was served on the An emergency ordinance to vacate Effective July 21, 2014. abutting property owners affected by a portion of Mulberry Street N.W. the resolution which stated a time Whereas, under Resolution No. and place when objections would be 1503-13, adopted November 25, 2013, heard before the Board of Revision of this Council declared its intention to Ord. No. 680-14. Assessments; and vacate a portion of Mulberry Street; By Council Members Keane, K. Whereas, on May 1, 2014, the Board and Johnson, Brancatelli and Kelley (by of Revision of Assessments approved Whereas, notice of the adoption of departmental request). the above vacation under the provi- the above vacation was served on the An emergency ordinance to vacate a portion of Triskett Court N.W. sions of Section 176 of the Charter of abutting property owners affected by Whereas, under Resolution No. the City of Cleveland; and the resolution which stated a time and place when objections would be 1343-13, adopted November 25, 2013, Whereas, this Council is satisfied heard before the Board of Revision of this Council declared its intention to that there is good cause for vacating Assessments; and vacate a portion of Triskett Court a portion of the above and that it will Whereas, on May 1, 2014, the Board N.W.; and not be detrimental to the general of Revision of Assessments approved Whereas, notice of the adoption of interest and that it should be made; the above vacation under the provi- the above vacation was served on the and sions of Section 176 of the Charter of abutting property owners affected by Whereas, this ordinance constitutes the City of Cleveland; and the resolution which stated a time an emergency measure providing for Whereas, this Council is satisfied and place when objections would be the usual daily operation of a munici- that there is good cause for vacating heard before the Board of Revision of pal department; now, therefore, a portion of the above and that it will Assessments; and Be it ordained by the Council of not be detrimental to the general Whereas, on May 1, 2014, the Board the City of Cleveland: interest and that it should be made; of Revision of Assessments approved Section 1. That this Council and the above vacation under the provi- declares that the following described Whereas, this ordinance constitutes sions of Section 176 of the Charter of real property is vacated: an emergency measure providing for the City of Cleveland; and Situated in the City of Cleveland, the usual daily operation of a munici- Whereas, this Council is satisfied County of Cuyahoga and State of Ohio pal department; now, therefore, that there is good cause for vacating and known as being a part of the Orig- Be it ordained by the Council of a portion of the above and that it will inal One Hundred Acre Lot No. 443 the City of Cleveland: not be detrimental to the general Being all that portion of Luke Road Section 1. That this Council interest and that it should be made; S.E. extending from the Northerly pro- declares its intent to vacate a portion and longation of the east line of a parcel of the following described real prop- Whereas, this ordinance constitutes 128-23-004, conveyed to Mount Pleas- erty: an emergency measure providing for ant Now Development Corp by A.F.N. Situated in the City of Cleveland, the usual daily operation of a munici- 200605150955 of Cuyahoga County County of Cuyahoga and State of Ohio pal department; now, therefore, Deed Records, westerly to its termi- and known as being all that portion of Be it ordained by the Council of nus. Mulberry Street N.W. (66.0 feet wide) the City of Cleveland: Legal Description approved by extending southeasterly from the Section 1. That this Council Greg Esber, Section Chief, Plats, Sur- Detroit Superior Viaduct (80 feet declares its intent to vacate a portion veys and House Numbering Section. wide) as shown in Volume 11 page 46 of the following described real prop- Section 2. That there is reserved to of Cuyahoga County Map Records to erty: the City of Cleveland an easement of the northwesterly right of way of Situated in the City of Cleveland, full width as described above for Detroit Avenue N.W. (66.0 feet wide). County of Cuyahoga and State of Ohio Water Pollution Control and the Illu- Legal Description approved by and being all that portion of Triskett minating Company Greg Esber, Section Chief, Plats, Sur- Court N.W. (20.00 feet wide) extend- That no structures shall be erected veys and House Numbering Section. ing from the southwesterly prolonga- on the premises described in this ease- Section 2. That there is reserved to tion of the west line of Sublot 37 in the the City of Cleveland an easement of ment except those constructed under Settlement Property Co’s Lorain Vil- full width as described above for the the approval of, and in compliance las Allotment of part of original Illuminating Company, Cleveland with, plans approved by Water Pollu- Rockport Township Nos. 11 and 20 as Public Power, Dominion and the City shown by the recorded plat in Volume tion Control, the Illuminating Compa- of Cleveland Division of Water. 59 of Maps, Page 16 of Cuyahoga ny and the City of Cleveland. That no structures shall be erected County Records, southeasterly to its Section 3. That provided all on the premises described in this ease- terminus. required approvals have been ment except those constructed under Legal Description approved by obtained, the Manager of Engineer- the approval of, and in compliance Greg Esber, Section Chief, Plats, Sur- ing and Construction is directed to with plans approved by the Illuminat- veys and House Numbering Section. record the vacation plat in the office ing Company, Cleveland Public Section 2. That there is reserved to of the Recorder of Cuyahoga County. Power, Dominion East Ohio, the City the City of Cleveland an easement of Section 4. That the Clerk of Council of Cleveland Division of Water, and full width as described above for the is directed to transmit a copy of this the City of Cleveland. Illuminating Company and ATT. ordinance to the Fiscal Officer of Section 3. That provided all That no structures shall be erected Cuyahoga County. required approvals have been on the premises described in this ease- Section 5. That this ordinance is obtained, the Manager of Engineer- ment except those constructed under declared to be an emergency measure ing and Construction is directed to the approval of, and in compliance and, provided it receives the affirma- record the vacation plat in the office with plans approved by the Illuminat- tive vote of two-thirds of all the mem- of the Recorder of Cuyahoga County. ing Company, ATT, and the City of bers elected to Council, it shall take Section 4. That the Clerk of Council Cleveland. effect and be in force immediately is directed to transmit a copy of this Section 3. That provided all upon its passage and approval by the ordinance to the Fiscal Officer of required approvals have been Mayor; otherwise it shall take effect Cuyahoga County. obtained, the Manager of Engineer- 1077 70 The City Record July 23, 2014 ing and Construction is directed to outdoor areas declared nonsmoking Ordinance No. 473-11, passed April 25, record the vacation plat in the office places by this section when requested 2011 is repealed. of the Recorder of Cuyahoga County. to do so by the Director of Public Section 3. That the amendments to Section 4. That the Clerk of Council Health or his or her designee or any Section 235.01 shall take effect sixty is directed to transmit a copy of this authorized City officer or employee. days after the effective date of this ordinance to the Fiscal Officer of (c) The Director of Public Health or ordinance. Cuyahoga County. Director of Public Works shall post Section 4. That this ordinance is Section 5. That this ordinance is “No Smoking” signs conspicuously at declared to be an emergency measure declared to be an emergency measure the ingresses and egresses of all out- and, provided it receives the affirma- and, provided it receives the affirma- door areas declared nonsmoking tive vote of two-thirds of all the mem- tive vote of two-thirds of all the mem- places and shall post signs to desig- bers elected to Council, it shall take bers elected to Council, it shall take nate smoking areas where appropri- effect and be in force immediately effect and be in force immediately ate. upon its passage and approval by the upon its passage and approval by the (d) As used in this Chapter: Mayor; otherwise it shall take effect Mayor; otherwise it shall take effect (1) A. “Alternative nicotine prod- and be in force from and after the ear- and be in force from and after the ear- uct” means, subject to division liest period allowed by law. liest period allowed by law. (d)(1)B., an electronic cigarette or Passed July 16, 2014. Passed July 16, 2014. any other product or device that con- Effective July 21, 2014. Effective July 21, 2014. sists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dis- Ord. No. 728-14. Ord. No. 695-14. solving, or inhaling. By Council Members J. Johnson, K. By Council Member Cimperman. B. “Alternative nicotine product” Johnson, Brancatelli and Kelley (by An emergency ordinance to amend does not include any of the following: departmental request). Section 235.01 of the Codified Ordi- 1. Any cigarette or other tobacco An emergency ordinance authoriz- nances of Cleveland, Ohio, 1976, as product; ing the Commissioner of Purchases amended by Ordinance No. 473-11 2. Any product that is a “drug” as and Supplies to purchase property passed April 25, 2011, defining smok- that term is defined in 21 U.S.C. located at 19218 Nottingham Road ing to include alternative nicotine 321(g)(1); needed to construct a new entryway products, including electronic ciga- 3. Any product that is a “device” as to R.J. Taylor Park from Nottingham rettes, in the smoking ban on City that term is defined in 21 U.S.C. Road, for the Department of Public property. 321(h); Works. Whereas, the City of Cleveland 4. Any product that is a “combina- Whereas, the Director of Public already prohibits smoking in certain tion product” as described in 21 U.S.C. Works has requested the purchase of declared outdoor areas and areas 353(g). property identified as PPN 116-34-027 within 150 feet of City places of (2) A. “Electronic cigarette” means, which is located at 19218 Nottingham employment; and subject to division (2)B. of this sec- Road needed to construct a new entry- Whereas, the use of electronic ciga- tion, any electronic product or device way to R.J. Taylor Park from Not- rettes increases fine particle air pol- that produces a vapor that delivers tingham Road; and lution and levels of potentially car- nicotine or any other substance to the Whereas, this ordinance constitutes cinogenic compounds in people who person inhaling from the device to an emergency measure providing for use them, according to a recent study simulate smoking and that is likely to the usual daily operation of a munici- from the Bavarian Health and Food be offered to or purchased by con- pal department; now, therefore, Safety Authority; and sumers as an electronic cigarette, Be it ordained by the Council of Whereas, their data confirms that electronic cigar, electronic cigarillo, the City of Cleveland: electronic cigarettes are not emission or electronic pipe. Section 1. That notwithstanding free and that pollutants could be of B. “Electronic cigarette” does not and as an exception to the provisions health concern for users and second- include any item, product, or device of Chapter 181 and 183 of the Codified hand smokers; and described in division (1)B. 1. to 4. of Ordinances of Cleveland, Ohio, 1976, Whereas, this Council is compelled this section. the Commissioner of Purchases and to also prohibit smoking alternative (3) “Smoking” means inhaling, Supplies is authorized to purchase the nicotine products, including electron- exhaling, burning, or carrying any following described property needed ic cigarettes, on City property in order lighted cigar, cigarette, pipe, other to construct a new entryway to R.J. to protect Cleveland’s citizens from lighted smoking device for burning Taylor Park from Nottingham Road: the harmful health effects of nicotine tobacco or any other plant, or alterna- vapor inhaled while smoking and tive nicotine product, including elec- Legal Description of PPN 116-34-027 while exposed to secondhand smoke tronic cigarettes. “Smoking” does not Situated in the City of Cleveland, of electronic cigarettes; and include the burning of incense in a County of Cuyahoga and State of Whereas, this ordinance constitutes religious ceremony.”. Ohio: an emergency measure providing for (4) “Outdoor Area” means city- And known as being Sublot No. 2 in the usual daily operation of a munici- owned public parks, City-owned out- Dille Homes, Inc. Subdivision of part pal department; now, therefore, door public recreation areas and City- of Original Euclid Township, Tract Be it ordained by the Council of owned swimming pools, and includes No. 14, as shown by the recorded plat the City of Cleveland: picnic shelters within City-owned in Volume 145 of Maps, Page 29 of Section 1. That Section 235.01 of the parks and recreation areas; Public Cuyahoga County Records, as Codified Ordinances of Cleveland, Square and all downtown Malls open appears by said plat. Ohio, 1976, as amended by Ordinance to the public; and other City-owned Section 2. That the Director of Pub- No. 473-11, passed April 25, 2011 is areas adjacent to City- owned and lic Works is authorized to execute on amended as follows: occupied buildings that are used by behalf of the City of Cleveland all nec- the public not including the public essary documents to effect the pur- Section 235.01 Declaration of Non- right-of-way. “Outdoor Area” does not poses of this ordinance. smoking Places, Prohibition include the City-owned golf courses, Section 3. That the consideration to (a) Pursuant to RC 3794.05, the City North Coast Harbor, Voinovich Park, be paid for this property shall not hereby declares any outdoor area and 9th Street Pier, and City-owned exceed $1.00 and other valuable con- owned and/or controlled by the City fishing piers and breakwalls, City- siderations which is determined to be and not otherwise qualifying as a owned cemeteries; and designated fair market value. nonsmoking place under RC Chapter smoking areas at City airports as des- Section 4. That all costs of acquir- 3794, to be a nonsmoking place, ignated by the Director of Port Con- ing, accepting, and recording the land except areas specifically designated trol and City buildings, as designated shall be paid from the fund to be by the Director of Public Works as a by the Director of Public Works. determined by the Director of designated smoking area. Section 2. That existing Section Finance. (b) No person shall refuse to imme- 235.01 of the Codified Ordinances of Section 5. That this ordinance is diately discontinue smoking in the Cleveland, Ohio, 1976, as amended by declared to be an emergency measure 1078 July 23, 2014 The City Record 71 and, provided it receives the affirma- “Improvement”), for the Department The selection of the consultants for tive vote of two-thirds of all the mem- of Port Control, by one or more con- the services shall be made by the bers elected to Council, it shall take tracts duly let to the lowest responsi- Board of Control on the nomination of effect and be in force immediately ble bidder or bidders after competi- the Director of Port Control from a upon its passage and approval by the tive bidding for a gross price for the list of qualified consultants available Mayor; otherwise it shall take effect Improvement. for employment as may be determined and be in force from and after the ear- Section 2. That the Director of Port after a full and complete canvass by liest period allowed by law. Control is authorized to enter into one the Director of Port Control for the Passed July 16, 2014. or more contracts for the making of purpose of compiling a list. The com- the public improvement with the low- Effective July 21, 2014. pensation to be paid for the services est responsible bidder or bidders after shall be fixed by the Board of Control. competitive bidding for a gross price The contract or contracts authorized for the Improvement, provided, how- shall be prepared by the Director of Ord. No. 735-14. ever, that each separate trade and Law, approved by the Director of Port By Council Members Keane and each distinct component part of the Control, and certified by the Director Kelley (by departmental request). Improvement may be treated as a sep- An emergency ordinance determin- arate Improvement, and each, or any of Finance. ing the method of making the public combination, of the trades or compo- Section 5. That the cost of the con- improvement of constructing all nec- nents may be the subject of a separate tracts and other expenditures autho- essary infrastructure needed for the contract for a gross price. On request rized shall be paid from Fund Nos. 60 South Campus Area Development Pro- of the director, the contractor shall SF 001, 60 SF 104, 60 SF 106, 60 SF 112, ject; authorizing the Director of Port furnish a correct schedule of unit 60 SF 114, 60 SF 115, 60 SF 116, 60 SF Control to enter into one or more pub- prices, including profit and overhead, 117, 60 SF 119, 60 SF 121, 60 SF 122, 60 lic improvement contracts for the for all items constituting units of the SF 126, 60 SF 128, 60 SF 130, 60 SF 141, making of the improvement; and improvement. 60 SF 160, and from the fund or funds authorizing the Director to employ Section 3. That the Director of Port to which are credited any grant pro- one or more professional consultants Control is authorized to apply and pay ceeds accepted for this purpose or fed- to design the improvement. for permits, licenses, or other autho- eral PFCs, if authorized for this pur- Whereas, this ordinance constitutes rizations required by any regulatory pose, Request No. RQS 3001, RL 2013- an emergency measure providing for agency or public authority to permit 127. performance of the work authorized the usual daily operation of a munici- Section 6. That this ordinance is pal department; now, therefore, by this ordinance. declared to be an emergency measure Be it ordained by the Council of Section 4. That the Director of Port and, provided it receives the affirma- the City of Cleveland: Control is authorized to employ by tive vote of two-thirds of all the mem- Section 1. That, under Section 167 of contract or contracts one or more con- the Charter of the City of Cleveland, sultants or one or more firms of con- bers elected to Council, it shall take this Council determines to make the sultants for the purpose of supple- effect and be in force immediately public improvement of constructing menting the regularly employed staff upon its passage and approval by the all necessary infrastructure needed of the several departments of the City Mayor; otherwise it shall take effect for the South Campus Area Develop- of Cleveland in order to provide pro- and be in force from and after the ear- ment Project, including but not limit- fessional services necessary to design liest period allowed by law. ed to constructing infrastructure, the Improvement, and for tenant relo- Passed July 16, 2014. buildings, and a roadway (the cation. Effective July 21, 2014.

Ord. No. 739-14. By Council Member Kelley (by departmental request). An emergency ordinance to amend Sections 39 and 41 of Ordinance No. 385-14, passed March 31, 2014, relating to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Sections 39 and 41 of Ordinance No. 385-14, passed March 31, 2014, are amended to read as follows:

Section 39. That the salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Administrative Manager...... $27,193.55 $104,891.07 2. Assistant Commissioner of Water...... 27,325.56 125,945.67 3. Assistant Secretary of Sinking Fund Commission ...... 27,325.56 100,773.99 4. Chief of Health Planning and Evaluation ...... 27,325.56 79,843.51 5. Chief-Systems Analysis ...... 27,325.56 100,773.99 6. Consulting Engineer ...... 36,000.00 97,860.03 7. Disease Intervention Specialist Supervisor...... 47,396.28 68,182.40 8. Harbor Manager ...... 27,325.56 100,773.99 9. Health Services Administrator...... 27,325.56 79,843.51 10. Labor Relations Officer...... 27,325.56 79,843.51 11. Manager of Compensation and Classifications ...... 27,325.56 90,312.42 12. Manager of Education and Research ...... 27,325.56 90,312.42 13. Manager of Employee Relations ...... 27,325.56 93,021.80 14. Manager of Equal Employment Opportunity...... 27,325.56 93,021.80 15. Minority Business Development Administrator...... 27,325.56 79,843.51 16. Project Coordinator ...... 27,325.56 93,021.80 17. Risk Manager...... 27,325.56 100,773.99 18. Superintendent of Electric Trouble Operations ...... 27,325.56 79,843.51 19. Water Business Plan Manager...... 27,325.56 93,021.80 1079 72 The City Record July 23, 2014

Section 41. That the appointing authority shall fix the salaries in the following classifications in accordance with the schedule appearing after each classification:

Section 2. That existing Sections 39 and 41 of Ordinance No. 385-14, passed March 31, 2014, are repealed. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed July 16, 2014. Effective July 21, 2014.

Ord. No. 744-14. By Council Members K. Johnson and Kelley (by departmental request). An emergency ordinance authorizing the purchase by one or more requirement contracts of various on-road vehicles, apparatus, and off-road equipment, cabs, bodies, and accessories, equipment and other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, training, and inspections, as needed, for the Director of Public Works, for a period of one year. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Public Works is authorized to make one or more written requirement contracts under the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, for the requirements for the period of one year for the necessary items of various on-road vehicles, apparatus, and off-road equipment, cabs, bodies, and accessories, equipment and other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, training, and inspections, as needed, in the estimated sum of $6,680,500, to be purchased by the Commissioner of Purchases and Supplies on a unit basis for the various divisions of City government, as described below: 1080 July 23, 2014 The City Record 73

2014 Capital Vehicle Plan Description of Equipment

Item Item Division Quantity Estimated Extended Number Description Cost Estimated Cost General Fund TRUCKS HEAVY(A)- WASTE Automated COLLECTION 8 $299,000 $2,392,000 AUTO/LIGHT TRUCK MVM-POOL VEHICLES 10 $19,400 $194,000 LIGHT TRUCK (A) *MVM 5 $38,000 $190,000 TRUCKS-HEAVY(B) Single Axle Dump STREETS 1 $165,000 $165,000 TRUCKS-HEAVY(C) Tandem Axle Dump STREETS 1 $190,000 $190,000 FIELD MAINTENANCE EQUIPMENT Recreation 1 $7,000 $7,000 BUS-PASSENGER Recreation 1 $90,000 $90,000 TRUCK-AERIAL Park W/CHIPPER BODY Maintenance 1 $195,500 $195,500 CHIPPER Park Maintenance 1 $46,000 $46,000 ATTACHMENTS Park Maintenance Misc $100,000 $100,000 RIDING MOWERS Park Maintenance 3 $14,000 $42,000 STREET SWEEPER WSM 1 $120,000 $120,000 LIFT TRUCK WSM 1 $35,000 $35,000 POLICE UNITS Police 30 $35,000 $1,050,000 MOTORCYCLE Police 5 $20,000 $100,000 PUMPER (A) Fire 2 $355,000 $710,000 PUMPER (B) Fire 1 $375,000 $375,000 SUV Fire 2 $40,000 $80,000 PASSENGER CAR Fire 3 $21,000 $63,000 AMBULANCES EMS 2 $248,000 $496,000 SUV EMS 1 $40,000 Total $6,680,500.00

Bids shall be taken in such manner as to permit an award to be made for all items as a single contract, or by separate contract for each or any combination of the items as the Board of Control determines. Alternate bids for a period less than a year may be taken if desired by the Commissioner of Purchases and Supplies until provision is made for the requirements for the entire year. Section 2. That the costs of the contract or contracts shall be paid from the fund or funds to which are credited the proceeds from the sale of bonds authorized by Ordinance No. 499-14, passed April 21, 2014 and shall be charged against the proper appropriation accounts and the Director of Finance shall certify the amount of any purchase under the contract, each of which purchases shall be made on order of the Commissioner of Purchases and Supplies by a delivery order issued against the contract or contracts and certified by the Director of Finance. (RQN 7015, RL 2014-29) Section 3. That under Section 108(b) of the Charter, the purchases authorized by this ordinance may be made through cooperative arrangements with other governmental agencies. The Director of Public Works may sign all documents that are necessary to make the purchases, and may enter into one or more contracts with the vendors selected through that cooperative process. Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed July 16, 2014. Effective July 21, 2014.

Ord. No. 796-14. upgrades, services and support and Whereas, this ordinance constitutes By Council Members Pruitt and maintenance necessary for the opera- an emergency measure providing for Kelley (by departmental request). tion of the systems; and authorizing the usual daily operation of a munici- An emergency ordinance authoriz- the Director to enter into one or more pal department; now, therefore, ing the purchase by one or more requirement contracts with various Be it ordained by the Council of companies to provide critical propri- requirement contracts of labor and the City of Cleveland: etary components for the systems, for Section 1. That the Director of Pub- materials necessary to maintain the the Divisions of Water, Water Pollu- SCADA and PCCS Systems, including tion Control, and Cleveland Public lic Utilities is authorized to make one replacement parts, equipment, com- Power, Department of Public Utilities or more written requirement con- puter software, software upgrades, for a period up to two years, with two tracts under the Charter and the Codi- support software, software implemen- options to renew for one year, the first fied Ordinances of Cleveland, Ohio, tation, system changes, configura- of which is exercisable through addi- 1976, for the requirements for a period tions, programming, tuning, tional legislative authority. up to two years, with two options to 1081 74 The City Record July 23, 2014 renew for one year, the first of which vendors selected through that cooper- Mayor; otherwise it shall take effect is exercisable through additional leg- ative process. and be in force from and after the ear- islative authority of the necessary Section 6. That this ordinance is liest period allowed by law. items of labor and materials neces- declared to be an emergency measure Passed July 16, 2014. sary to maintain the SCADA and and, provided it receives the affirma- Effective July 21, 2014. PCCS Systems, including replacement tive vote of two-thirds of all the mem- parts, equipment, computer software, bers elected to Council, it shall take software upgrades, support software, effect and be in force immediately software implementation, system upon its passage and approval by the Ord. No. 800-14. changes, configurations, program- Mayor; otherwise it shall take effect By Council Members Zone and Kel- ming, tuning, upgrade, services and and be in force from and after the earley (by departmental request). support and maintenance necessary liest period allowed by law. An emergency ordinance authoriz- for the operation of the systems, in Passed July 16, 2014. ing the Director of Public Safety to the approximate amount as pur- Effective July 21, 2014. apply for and accept a grant from the chased during the preceding term, to Ohio Office of Criminal Justice Ser- be purchased by the Commissioner of vices for the 2014 Ohio Drug Law Purchases and Supplies on a unit Enforcement Fund Grant; and autho- basis for the Divisions of Water, Ord. No. 798-14. rizing the purchase by one or more Water Pollution Control, and Cleve- By Council Members Zone and Kel- requirement contracts of materials, land Public Power, Department of ley (by departmental request). equipment, supplies, and services Public Utilities. Bids shall be taken in An emergency ordinance authoriz- needed to implement the grant. a manner that permits an award to be ing the Director of Public Safety to Whereas, this ordinance constitutes made for all items as a single con- apply for and accept a grant from the an emergency measure providing for tract, or by separate contract for each Ohio Attorney General for the 2013-14 the usual daily operation of a munici- or any combination of the items as the Ohio Drug Use Prevention Program. pal department; now, therefore, Board of Control determines. Alter- Whereas, this ordinance constitutes Be it ordained by the Council of nate bids for a period less than the an emergency measure providing for the City of Cleveland: specified term may be taken if the usual daily operation of a munici- Section 1. That the Director of Pub- desired by the Commissioner of Pur- pal department; now, therefore, lic Safety is authorized to apply for chases and Supplies until provision is Be it ordained by the Council of and accept a grant in the approximate the City of Cleveland: amount of $249,999.75, and any other made for the requirements for the Section 1. That the Director of Pub- funds that may become available dur- entire term. lic Safety is authorized to apply for ing the grant term from the Ohio Section 2. That this Council deter- and accept a grant in the approximate Office of Criminal Justice Services to mines that the within commodities amount of $43,333.12 and other funds conduct the 2014 Ohio Drug Law are non-competitive and cannot be that become available during the Enforcement Fund Grant; that the secured from any source other than grant term, from the Ohio Attorney Director is authorized to file all HSQ Technology, Hach Company, General to conduct the 2013-14 Ohio papers and execute all documents Advanced Control Systems, Inc., Drug Use Prevention Program; that necessary to receive the funds under Branch Group, Inc. dba Rexel, Inven- the Director of Public Safety is autho- the grant; and that the funds are sys Systems Inc., and RFL Electron- rized to file all papers and execute all appropriated for the purposes ics. Therefore, the Director of Public documents necessary to receive the described in the application for the Utilities is authorized to make one or funds under the grant; and that the grant contained in the file described more written requirement contracts funds are appropriated for the pur- below. with HSQ Technology, Hach Compa- poses set forth in the checklist for the Section 2. That the application for ny, Advanced Control Systems, Inc., grant acknowledgement and autho- the grant, File No. 800-14-A, made a Branch Group, Inc. dba Rexel, Inven- rization contained in the file part of this ordinance as if fully sys Systems Inc., and RFL Electron- described below. rewritten, as presented to the Finance ics, for the requirements for a period Section 2. That the grant acknowl- Committee of this Council at the pub- not to exceed a period up to two years, edgement and authorization for the lic hearing on this legislation, includ- with two options to renew for one grant, presented to the Finance Com- ing the obligation of the City of Cleve- year, the first of which is exercisable mittee of this Council at a public hear- land to provide cash matching funds through additional legislative author- ing on this legislation and set forth in in the amount of $83,333.25 from Fund ity of the necessary items of materi- File No. 798-14-A, is made a part of this No. 10 SF 025, is approved in all als, equipment, supplies, services, ordinance as if fully rewritten, includ- respects and shall not be changed software, software integration, labor, ing the obligation of the City of Cleve- without additional legislative author- and training necessary, as appropri- land to provide cash matching funds ity. (RQS 6001, RL 2014-84) ate, to repair, replace, or maintain in the sum of $43,333.12 from Fund No. Section 3. That the Director of Pub- critical proprietary components of the 10 SF 025, is approved in all respects, lic Safety shall have the authority to systems, to be purchased by the Com- and shall not be changed without extend the term of the grant during missioner of Purchases and Supplies additional legislative authority. the grant term. on a unit basis, for the Divisions of (RQS 6001, RL 2014-83) Section 4. That the Director of Pub- Water, Water Pollution Control, and Section 3. That the Director of Pub- lic Safety is authorized to make one Cleveland Public Power, Department lic Safety shall have the authority to or more written requirement con- of Public Utilities. extend the term of the grant if the tracts under the Charter and the Codi- Section 3. That the costs of the con- extension does not involve an fied Ordinances of Cleveland, Ohio, tract or contracts shall be charged increase in the dollar amount of the 1976, for the requirements during the against the proper appropriation grant specified above. grant term of the necessary items of accounts and the Director of Finance Section 4. That, unless expressly materials, equipment, supplies, and shall certify the amount of the initial prohibited by the grant agreement, services needed to implement the purchase, which purchase, together under Section 108(b) of the Charter, grant, to be purchased by the Com- with all later purchases, shall be purchases made under the grant missioner of Purchases and Supplies made on order of the Commissioner of agreement may be made through on a unit basis for the Department of Purchases and Supplies under a req- cooperative arrangements with other Public Safety. Bids shall be taken in a uisition against the contract or con- governmental agencies. The Director manner that permits an award to be tracts certified by the Director of of Public Safety may sign all docu- made for all items as a single con- Finance. (RQN 2002, RL 2014-21) ments and do all things that are nec- tract, or by separate contract for each Section 4. That the Director of Pub- essary to make the purchases, and or any combination of the items as the lic Utilities is authorized to sign any may enter into one or more contracts Board of Control determines. Alter- third party software license agree- with the vendors selected through nate bids for a period less than the ments necessary to effect the purpos- that cooperative process. The con- specified term may be taken if es of this ordinance. tracts will be paid from the fund or desired by the Commissioner of Pur- Section 5. That under Section 108(b) funds to which are credited any grant chases and Supplies until provision is of the Charter, the purchases autho- funds accepted under this ordinance. made for the requirements for the rized by this ordinance may be made Section 5. That this ordinance is entire term. through cooperative agreements with declared to be an emergency measure Section 5. That the costs of the con- other governmental agencies. The and, provided it receives the affirma- tract or contracts shall be charged Director of Public Utilities may sign tive vote of two-thirds of all the mem- against the proper appropriation all documents that are necessary to bers elected to Council, it shall take accounts and the Director of Finance make the purchases, and may enter effect and be in force immediately shall certify the amount of the initial into one or more contracts with the upon its passage and approval by the purchase, which purchase, together 1082 July 23, 2014 The City Record 75 with all later purchases, shall be Section 3. That this ordinance is effect and be in force immediately made on order of the Commissioner of declared to be an emergency measure upon its passage and approval by the Purchases and Supplies under a deliv- and, provided it receives the affirma- Mayor; otherwise it shall take effect ery order against the contract or con- tive vote of two-thirds of all the mem- and be in force from and after the ear- tracts certified by the Director of bers elected to Council, it shall take liest period allowed by law. Finance. effect and be in force immediately Passed July 16, 2014. Section 6. That under Section 108(b) upon its passage and approval by the Effective July 21, 2014. of the Charter, the purchases autho- Mayor; otherwise it shall take effect rized by this ordinance may be made and be in force from and after the ear- through cooperative arrangements liest period allowed by law. with other governmental agencies. Passed July 16, 2014. Ord. No. 803-14. The Director of Public Safety may Effective July 21, 2014. By Council Members Pruitt and sign all documents that are necessary Kelley (by departmental request). to make the purchases, and may enter An emergency ordinance authoriz- into one or more contracts with the ing the purchase by one or more vendors selected through that cooper- Ord. No. 802-14. requirement contracts of pumps, elec- ative process. By Council Members Zone and Kel- tric motors, controls, transformers, Section 7. That the contract or con- ley (by departmental request). circuit breakers, switchgear and tracts shall be paid from the fund or An emergency ordinance authoriz- appurtenances, and for materials, funds to which are credited the grant ing the Director to enter into one or equipment, supplies, parts, and ser- proceeds accepted under this ordi- more requirement contracts for the vices necessary to test, maintain and nance and from the cash match. purchase of various types of furniture repair water pumps, electric motors, Section 8. That this ordinance is for the new Midtown Police Station controls, transformers, circuit break- declared to be an emergency measure located at 4501 Chester Avenue and ers, switchgear and appurtenances, and, provided it receives the affirma- other police facilities, for the Division including but not limited to inspec- of Police, Department of Public Safe- tive vote of two-thirds of all the mem- tion, supplies, repairing, testing, ty, for a period of one year, with two bers elected to Council, it shall take labor, and installation, if necessary, one-year options to renew, exercis- effect and be in force immediately for the Division of Water, Department able by the Director of Public Safety. of Public Utilities, for a period up to upon its passage and approval by the Whereas, this ordinance constitutes two years, with two options to renew Mayor; otherwise it shall take effect an emergency measure providing for for a one-year period, the first of and be in force from and after the ear- the usual daily operation of a munici- liest period allowed by law. pal department; now, therefore, which is exercisable through addi- Passed July 16, 2014. Be it ordained by the Council of tional legislative authority. Effective July 21, 2014. the City of Cleveland: Whereas, this ordinance constitutes Section 1. That the Director of Pub- an emergency measure providing for lic Safety is authorized to make one the usual daily operation of a munici- or more requirement contracts under pal department; now, therefore, Ord. No. 801-14. the Charter and the Codified Ordi- Be it ordained by the Council of By Council Members Zone and Kel- nances of Cleveland, Ohio, 1976, for a the City of Cleveland: ley (by departmental request). period of one year, with two one-year Section 1. That the Director of Pub- An emergency ordinance authoriz- options to renew, exercisable by the lic Utilities is authorized to make one ing the Director of Finance to employ Director of Public Safety, for the nec- or more written requirement con- one or more professional consultants essary items of various types of tracts under the Charter and the Codi- to perform an information technology desks, tables, chairs, cabinets, and fied Ordinances of Cleveland, Ohio, assessment and to prepare a five-year other office furniture needed for the 1976, for the requirements for a period strategic plan, for the Department of new Midtown Police Station located up to two years, with two options to Public Safety’s information technolo- at 4501 Chester Avenue and other renew for a one-year period, the first gy systems. police facilities, including labor and of which is exercisable through addi- Whereas, this ordinance constitutes related materials, equipment, sup- tional legislative authority, of the an emergency measure providing for plies, and services, if necessary, to be necessary items of pumps, electric the usual daily operation of a munici- purchased by the Commissioner of motors, controls, transformers, circuit pal department; now, therefore, Purchases and Supplies on a unit breakers, switchgear and appurte- Be it ordained by the Council of basis for the Division of Police, nances, and for materials, equipment, the City of Cleveland: Department of Public Safety. Bids supplies, parts, and services neces- Section 1. That the Director of shall be taken in a manner that per- sary to test, maintain and repair Finance is authorized to employ by mits an award to be made for all items water pumps, electric motors, con- as a single contract, or by separate contract or contracts one or more controls, transformers, circuit breakers, contract for each or any combination sultants or one or more firms of con- switchgear and appurtenances, of the items as the Board of Control sultants for the purpose of supple- including but not limited to inspec- determines. tion, supplies, repairing, testing, menting the regularly employed staff Section 2. That the costs of the con- labor, and installation, if necessary, of the several departments of the City tract or contracts shall be paid from in the approximate amount as pur- of Cleveland in order to provide pro- Fund Nos. 20 SF 517, 20 SF 524, 20 SF fessional services necessary to per- 532, 20 SF 539, 20 SF 545, 20 SF 551, 20 chased during the preceding term, to form an information technology SF 553, and 20 SF 559 and shall also be be purchased by the Commissioner of assessment, including but not limited charged against the proper appropria- Purchases and Supplies on a unit to, assessments of networks, operation accounts and the Director of basis for the Division of Water, tions, staff, technology and gover- Finance shall certify the amount of Department of Public Utilities. Bids nance, and to prepare a five-year any purchase under the contract, each shall be taken in a manner that per- strategic plan, for the Department of of which purchases shall be made on mits an award to be made for all items Public Safety’s information technolo- order of the Commissioner of Pur- as a single contract, or by separate gy systems. chases and Supplies by a delivery contract for each or any combination The selection of the consultants for order issued against the contract or of the items as the Board of Control the services shall be made by the contracts and certified by the Direc- determines. Alternate bids for a peri- Board of Control on the nomination of tor of Finance. (RQN 6001, RL 2014-32) od less than the specified term may be the Director of Finance from a list of Section 3. That under Section 108(b) taken if desired by the Commissioner qualified consultants available for of the Charter, the purchases autho- of Purchases and Supplies until provi- employment as may be determined rized by this ordinance may be made sion is made for the requirements for after a full and complete canvass by through cooperative arrangements the entire term. the Director of Finance for the pur- with other governmental agencies. Section 2. That the costs of the con- pose of compiling a list. The compen- The Director of Public Safety may tract or contracts shall be charged sation to be paid for the services shall sign all documents that are necessary against the proper appropriation be fixed by the Board of Control. The to make the purchases, and may enter accounts and the Director of Finance contract or contracts authorized shall into one or more contracts with the shall certify the amount of any pur- be prepared by the Director of Law, vendors selected through that cooper- chase under the contract, each of approved and certified by the Direc- ative process. which purchases shall be made on tor of Finance. Section 4. That this ordinance is order of the Commissioner of Pur- Section 2. That the cost of contract declared to be an emergency measure chases and Supplies under a delivery or contracts authorized shall be paid and, provided it receives the affirma- order against the contract or con- from Fund No. 11 SF 006, RQS 6001, RL tive vote of two-thirds of all the mem- tracts certified by the Director of 2014-85. bers elected to Council, it shall take Finance. (RQN 2002, RL 2014-22) 1083 76 The City Record July 23, 2014

Section 3. That under Section 108(b) accounts and the Director of Finance City of Cleveland to provide the proof the Charter, the purchases autho- shall certify the amount of the initial fessional services necessary to sup- rized by this ordinance may be made purchase, which purchase, together ply temporary and seasonal personnel through cooperative agreements with with all later purchases, shall be for the Department of Finance, for a other governmental agencies. The made on order of the Commissioner of period up to one year. Director of Public Utilities may sign Purchases and Supplies under a deliv- The selection of the agency or agen- all documents that are necessary to ery order against the contract or con- cies shall be made by the Board of make the purchases, and may enter tracts certified by the Director of Control on the nomination of the into one or more contracts with the Finance. (RQN 2004, RL 2014-26) Director of Finance from a list of vendors selected through that cooper- Section 3. That under Section 108(b) qualified agencies available for ative process. of the Charter, the purchases autho- employment as may be determined Section 4. That this ordinance is rized by this ordinance may be made after a full and complete canvass by declared to be an emergency measure through cooperative arrangements the Director of Finance for the pur- and, provided it receives the affirma- with other governmental agencies. pose of compiling a list. The compen- tive vote of two-thirds of all the mem- The Director of Public Utilities may sation to be paid for the services shall bers elected to Council, it shall take sign all documents that are necessary be fixed by the Board of Control. The effect and be in force immediately to make the purchases, and may enter contract or contracts authorized shall upon its passage and approval by the into one or more contracts with the be prepared by the Director of Law, Mayor; otherwise it shall take effect vendors selected through that cooper- approved by the Director of Public and be in force from and after the ear- ative process. Works, and certified by the Director liest period allowed by law. Section 4. That this ordinance is of Finance. Passed July 16, 2014. declared to be an emergency measure Section 3. That the costs for the ser- Effective July 21, 2014. and, provided it receives the affirma- vices contemplated shall be paid from tive vote of two-thirds of all the mem- funds appropriated for this purpose in bers elected to Council, it shall take budget year 2015. effect and be in force immediately Section 4. That this ordinance is Ord. No. 804-14. upon its passage and approval by the hereby declared to be an emergency By Council Members Pruitt and Mayor; otherwise it shall take effect measure and, provided it receives the Kelley (by departmental request). and be in force from and after the ear- affirmative vote of two-thirds of all An emergency ordinance authoriz- liest period allowed by law. the members elected to Council, it ing the purchase by one or more Passed July 16, 2014. shall take effect and be in force imme- requirement contracts of various Effective July 21, 2014. diately upon its passage and approval sized PVC and FRE ductline materi- by the Mayor; otherwise it shall take als, for the Division of Cleveland Pub- effect and be in force from and after lic Power, Department of Public Utili- the earliest period allowed by law. ties, for a period up to two years, with Ord. No. 805-14. Passed July 16, 2014. two one-year options to renew, the By Council Members K. Johnson Effective July 21, 2014. first of which requires additional leg- and Kelley (by departmental islative authority. request). Whereas, this ordinance constitutes An emergency ordinance authoriz- an emergency measure providing for ing the Directors of Public Works and Ord. No. 811-14. the usual daily operation of a munici- Finance to employ one or more tempo- By Council Member Cimperman. pal department; now, therefore, rary employment agencies to provide An emergency ordinance designat- Be it ordained by the Council of professional services to supply tempo- ing the Wagner Awning Company the City of Cleveland: rary and seasonal personnel for the Building (also known as the Cleve- Section 1. That the Director of Pub- Department of Public Works and the land-Akron Bag Company Factory) lic Utilities is authorized to make one Project Clean program and for the as a Cleveland Landmark. or more written requirement con- Department of Finance, for a period Whereas, under Chapter 161 of the Codified Ordinances of Cleveland, tracts under the Charter and the Codi- up to one year. Ohio, 1976, the Cleveland Landmarks fied Ordinances of Cleveland, Ohio, Whereas, this ordinance constitutes Commission (the “Commission”), has 1976, for the requirements for up to an emergency measure providing for proposed to designate the Wagner two years, with two one-year options the usual daily operation of a munici- Awning Company Building (also to renew, of the necessary items of pal department; now, therefore, known as the Cleveland-Akron Bag various sized PVC and FRE ductline Be it ordained by the Council of Company Factory) as a landmark; materials, including but not limited to the City of Cleveland: and conduit, fittings, elbows, spacers, Section 1. That the Director of Pub- Whereas, the owner of the Wagner expanders, reducers, adhesives and lic Works is authorized to employ by Awning Company Building (also related materials necessary to con- contract or contracts one or more tem- known as the Cleveland-Akron Bag struct electrical ductlines, in the porary employment agency or agen- Company Factory) has been properly approximate amount as purchased cies for the purpose of supplementing notified and has consented in writing during the preceding term, to be pur- the regularly employed staff of the to the proposed designation; and chased by the Commissioner of Pur- several departments of the City of Whereas, the Commission has rec- chases and Supplies on a unit basis Cleveland in order to provide profes- ommended designation of the Wagn- for the Division of Cleveland Public sional services necessary to supply er Awning Company Building (also Power, Department of Public Utili- temporary and seasonal personnel for known as the Cleveland-Akron Bag ties. The first of the one-year options the Department of Public Works and Company Factory) as a landmark and to renew may not be exercised with- the Project Clean program, for a peri- has set forth certain findings of fact out additional legislative authority. od up to one year. constituting the basis for its decision; If such additional legislative authori- The selection of the agency or agen- and ty is granted and the first of the one- cies shall be made by the Board of Whereas, this ordinance constitutes year options to renew is exercised, Control on the nomination of the an emergency measure providing for then the second of the one-year Director of Public Works from a list the immediate preservation of the options to renew may be exercisable of qualified agencies available for public peace, property, health, and at the option of the Director of Public employment as may be determined safety in that the immediate protec- Utilities, without the necessity of after a full and complete canvass by tion of the historic landmark is neces- obtaining additional authority of this the Director of Public Works for the sary to safeguard the special histori- Council. Bids shall be taken in a man- purpose of compiling a list. The com- cal, community, or aesthetic interest ner that permits an award to be made pensation to be paid for the services or value in the landmark; now, there- for all items as a single contract, or by shall be fixed by the Board of Control. fore separate contract for each or any com- The contract or contracts authorized Be it ordained by the Council of bination of the items as the Board of shall be prepared by the Director of the City of Cleveland: Control determines. Alternate bids for Law, approved by the Director of Pub- Section 1. That the Wagner Awning a period less than the specified term lic Works, and certified by the Direc- Company Building (also known as may be taken if desired by the Com- tor of Finance. the Cleveland-Akron Bag Company missioner of Purchases and Supplies Section 2. That the Director of Factory), whose street address in the until provision is made for the Finance is authorized to employ by City of Cleveland is 2658 Scranton requirements for the entire term. contract or contracts one or more tem- Road, S. W., Cuyahoga County Audi- Section 2. That the costs of the con- porary employment agency or agen- tor’s Permanent Parcel Number is 008- tract or contracts shall be charged cies for the purpose of supplementing 01-061, and is also known as the fol- against the proper appropriation the regularly employed staff of the lowing described property: 1084 July 23, 2014 The City Record 77

Situated in the City of Cleveland, upon its passage and approval by the effect and be in force immediately County of Cuyahoga, and State of Mayor; otherwise it shall take effect upon its passage and approval by the Ohio and known as being part of and be in force from and after the ear- Mayor; otherwise it shall take effect Block “A” in E. L. and R. L. Barber’s liest period allowed by law. and be in force from and after the ear- Subdivision of part of Original Brook- Passed July 16, 2014. liest period allowed by law. lyn Township Lot No. 71, as shown by Effective July 21, 2014. Passed July 16, 2014. the recorded plat in Volume 1 of Maps, Effective July 21, 2014. Page 28 of Cuyahoga County Records, and bounded and described as follows: Ord. No. 854-14. Beginning at the intersection of the By Council Members Cimperman Ord. No. 856-14. Northerly line of Barber Avenue, S. W. and Kelley (by departmental By Council Members Keane and (50 feet wide), with the Westerly line request). Kelley (by departmental request). of Scranton Road, S. W. (60 feet wide); An emergency ordinance to amend An emergency ordinance authoriz- Course 1: Thence South 89 degrees Section 141.38 of the Codified Ordi- ing the Director of Port Control to 40' 15" West, along the Northerly line nances of Cleveland, Ohio, 1976, as exercise the second option to renew of Barber Avenue, S. W., 217.81 feet to enacted by Ordinance No. 164-13, Contract No. PS 2012-197 with Michael passed March 4, 2013, relating to con- a point; Baker, Jr. Inc. to provide professional tracts with the State of Ohio to receive Course 2: Thence North 0 degrees services needed for on-call design and reimbursement under the Medicaid 19' 45" West, 126.15 feet to a point in construction support services, for the Administrative Claiming (MAC) Pro- the exterior wall of a three story Department of Port Control. brick building; gram for the Department of Public Health. Whereas, under the authority of Course 3: Thence South 88 degrees Ordinance No. 815-12, passed June 4, 11' 34" West, along the face of the Whereas, this ordinance constitutes an emergency measure providing for 2012, the Director of Port Control three story brick building, 64.25 feet entered into Contract No. PS 2012-197 to the Southwesterly corner of said the usual daily operation of a municipal department; now, therefore, with Michael Baker, Jr. Inc. for pro- three story brick building; fessional services needed for on-call Course 4: Thence North 1 degree 48' Be it ordained by the Council of design and construction support ser- 26" West, along the face of the three the City of Cleveland: vices, for the Department of Port Con- story brick building, 7 feet to a point; Section 1. That Section 141.38 of the trol; and Course 5: Thence South 89 degrees Codified Ordinances of Cleveland, Whereas, Ordinance No. 815-12 45' 57" West, 8.49 feet to a point in the Ohio, 1976, as enacted by Ordinance No. 164-13, passed March 4, 2013, is requires further legislation before Easterly line of a parcel of land con- amended to read as follows: exercising the second option to renew veyed to Katherine S. Hahnel by deed on this contract; and filed for record May 2, 1986 and Section 141.38 Contracts with the Whereas, this ordinance constitutes recorded in Volume 86-2624, Page 3 of State of Ohio to Receive Reimburse- Cuyahoga County Records; an emergency measure providing for ment under the Medicaid Administra- the usual daily operation of a munici- Course 6: Thence North 0 degrees tive Claiming (MAC) Program for the 12' 03" West, 36.43 feet to a point in pal department; now, therefore, Department of Public Health Be it ordained by the Council of the Southerly line of Auburn Avenue, (a) The Director of Public Health is S. W. (20 feet wide); the City of Cleveland: authorized to enter into contracts Section 1. That the Director of Port Course 7: Thence North 88 degrees with the State of Ohio to receive reim- 18' 31" East, along the Southerly line Control is authorized to exercise the bursement of costs for services relat- second option to renew Contract No. of Auburn Avenue, S. W., 327.58 feet to ed to activities that support efforts to a point in the Westerly line of Scran- PS 2012-197 for an additional year, identify and enroll eligible clients with Michael Baker, Jr. Inc. for pro- ton Road, S. W.; into Medicaid under the Medicaid fessional services needed for on-call Course 8: Thence South 11 degrees Administrative Claiming (MAC) Pro- design and construction support ser- 31' 06" West, along the Westerly line gram. of Scranton Road, S. W., 179.55 feet to (b) The Director of Public Health is vices, for the Department of Port Con- the place of beginning; authorized to accept reimbursements trol. This ordinance constitutes the which in its entirety is a property hav- from the State of Ohio under the MAC additional legislative authority ing special character or special his- Program and deposit those funds into required by Ordinance No. 815-12 to torical or aesthetic value as part of Fund No. 10 SF 962 to be used to exercise this option. the development, heritage, or cultural finance the operation of the Depart- Section 2. That this ordinance is characteristics of the City, State, or ment of Public Health. declared to be an emergency measure the United States, is designated a Section 2. That existing Section and, provided it receives the affirma- landmark under Chapter 161 of the 141.38 of the Codified Ordinances of tive vote of two-thirds of all the mem- Codified Ordinances of Cleveland, Cleveland, Ohio, 1976, as enacted by bers elected to Council, it shall take Ohio, 1976. Ordinance No. 164-13, passed March 4, effect and be in force immediately Section 2. That this ordinance is 2013, is repealed. upon its passage and approval by the declared to be an emergency measure Section 3. That this ordinance is Mayor; otherwise it shall take effect and, provided it receives the affirma- declared to be an emergency measure and be in force from and after the ear- tive vote of two-thirds of all the mem- and, provided it receives the affirma- liest period allowed by law. bers elected to Council, it shall take tive vote of two-thirds of all the mem- Passed July 16, 2014. effect and be in force immediately bers elected to Council, it shall take Effective July 21, 2014.

Increase Approximate Date of Increase 1% April 1, 2013 2% April 1, 2014 2% April 1, 2015 1085 78 The City Record July 23, 2014

Increase Approximate Date of Increase 1% April 1, 2013 2% April 1, 2014 2% April 1, 2015

28. Citizens Information Representative...... 10.00 19.87 29. Claims Examiner...... 10.00 24.02 30. Clinical Laboratory Assistant ...... 10.00 19.68 31. Clinical Laboratory Technician I ...... 10.00 22.84 32. Clinical Laboratory Technician II ...... 16.86 24.46 33. Community Development Planner ...... 10.00 30.29 34. Community Health Aide...... 10.00 16.70 35. Community Relations Representative I ...... 10.00 19.87 36. Community Relations Representative II ...... 10.00 24.02 37. Community Relations Representative III...... 10.00 29.73 38. Computer Monitor Assistant ...... 10.00 14.44 39. Computer Operator...... 10.00 24.02 40. Construction Technician...... 12.02 24.02 41. Consumer Protection Specialist ...... 10.00 18.99 42. Contract and Monitoring Specialist ...... 10.00 25.42 43. Cook ...... 13.77 16.43 44. Copy Center Operator...... 10.00 19.31 45. Customer Service Representative ...... 12.15 18.21 46 Data Control Clerk...... 10.00 17.49 47. Data Conversion Operator ...... 12.02 15.85 48. Development Officer ...... 10.00 28.21 49. Disease Intervention Specialist I ...... 17.83 24.23 50. Disease Intervention Specialist II...... 19.81 26.81 51. Drug and Alcohol Counselor ...... 10.00 15.47 52. Elevator Inspector ...... 14.23 25.34 53. Engineer ...... 22.78 35.84 54. Environmental Compliance Specialist I ...... 14.95 23.93 55. Environmental Compliance Specialist II ...... 16.35 25.06 56. Environmental Compliance Specialist III ...... 17.90 32.25 57. Environmental Enforcement Specialist I...... 14.95 24.91 58. Environmental Enforcement Specialist II...... 16.35 26.11 59. Environmental Enforcement Specialist III ...... 17.90 27.37 60. Environmental Monitoring Specialist I ...... 13.33 24.70 61. Environmental Monitoring Specialist II ...... 14.18 25.86 62. Environmental Monitoring Specialist III...... 15.74 27.09 63. Financial Analyst ...... 10.00 22.84 64. Financial Counselor ...... 10.00 24.02 65. First Press Operator ...... 12.00 22.92 66. General Storekeeper...... 19.25 25.72 67. Geriatric Outreach Worker ...... 10.00 22.17 68. Hazardous Material Specialist ...... 21.63 33.64 69. Head Cook ...... 10.00 18.18 70. Head Storekeeper...... 17.85 23.76 71. Help Desk Analyst...... 12.02 26.09 72. Home Maintenance Aide ...... 10.00 16.37 73. House Connection Inspector ...... 15.39 19.45 74. Residential Building Inspector...... 17.69 20.94 75. Income Tax Tracer ...... 12.60 18.40 76. Information Control Analyst ...... 10.00 21.79 77. Inspector of Weight and Measures ...... 12.89 18.44 78. Instrumentation Technician I ...... 20.44 22.36 79. Instrumentation Technician II ...... 22.81 24.64 80. Instrument Repairman ...... 10.00 22.02 81. Intake Specialist ...... 10.00 16.87 82. Interim Building Inspector ...... 19.00 20.97 83. Interim Mechanical Inspector ...... 19.00 20.97 84. Interim Residential Building Inspector ...... 15.75 17.39 85. Interim Residential Plan Examiner ...... 20.25 22.36 86. Junior Cashier...... 11.14 17.49 87. Junior Clerk...... 11.97 14.57 88. Lab Coordinator...... 16.82 27.69 89. Laboratory Assistant ...... 10.00 19.87 90. Landscape Designer ...... 10.00 29.73 91. Life Guard ...... 10.00 16.65 92. Life Guard Captain ...... 10.00 20.61 93. Mechanical Inspector I ...... 14.08 25.34 94. Mechanical Inspector II ...... 14.89 26.77 95. Mechanical Inspector III...... 15.70 28.21 96. Mechanical Inspector IV ...... 27.39 29.68 97. Medical Billing Reimbursement Specialist ...... 10.42 22.06 98. Medical Coder and Billing Analyst ...... 10.17 22.73 99. Messenger...... 10.00 15.54 100. Meter Reader ...... 15.53 19.85 101. Miscellaneous Investigator...... 15.35 19.18 102. Monitoring, Auditing and Evaluation Coordinator ...... 13.65 23.19 103. Network Analyst I...... 14.52 36.35 104. On The Job Training Specialist ...... 12.71 22.40 1087 80 The City Record July 23, 2014

105. Parking Attendant...... 10.00 16.87 106. Parking Meter Collector...... 10.00 16.84 107. Parking Meter Serviceman...... 16.49 17.71 108. Permit Processing Specialist ...... 10.00 14.13 109. Pharmacist...... 10.74 33.22 110. Photographer ...... 10.00 22.84 111. Photographic Laboratory Technician...... 10.00 19.87 112. Physical Director I...... 10.00 20.53 113. Physical Director II...... 10.00 22.16 114. Residential Plan Examiner...... 19.56 27.15 115. Play Director ...... 10.00 14.40 116. Pressman ...... 10.00 22.41 117. Preventive Health Counselor...... 13.59 23.23 118. Preventive Health Educator ...... 10.00 15.61 119. Principal Cashier ...... 14.66 24.46 120. Principal Clerk ...... 14.88 20.71 121. Print Shop Helper...... 12.85 15.41 122. Private Secretary ...... 10.00 21.63 123. Program Analyst ...... 16.64 31.67 124. Programmer...... 10.00 28.22 125. Programmer Analyst...... 10.00 31.67 126. Property Clerk ...... 11.37 35.06 127. Psychiatric Social Worker...... 12.48 22.77 128. Public Health Nursing Aide ...... 10.63 14.69 129. Public Health Sanitarian I ...... 15.48 21.89 130. Public Health Sanitarian II...... 17.38 24.07 131. Public Health Sanitarian III...... 15.49 25.27 132. Public Health Sanitarian IV ...... 18.77 31.36 133. Public Information Officer ...... 10.00 24.02 134. Quality Assurance Analyst ...... 10.00 28.21 135. Quality Control Coordinator ...... 16.82 27.70 136. Radio Dispatcher...... 17.33 21.63 137. Radio Technician ...... 19.85 21.63 138. Receptionist...... 10.00 16.38 139. Recreation Aide ...... 10.00 11.60 140. Recreation Instructor ...... 10.00 16.87 141. Recreation Instructor I...... 10.00 17.98 142. Recreation Instructor II...... 10.00 14.76 143. Recreation Instructor III ...... 10.00 19.74 144. Redevelopment Advisor ...... 10.00 25.33 145. Redevelopment Coordinator ...... 10.00 28.22 146. Registered Animal Health Technician ...... 10.00 16.87 147. Rehabilitation Inspector...... 17.69 28.19 148. Second Press Operator ...... 10.00 20.50 149. Secretary...... 10.00 18.04 150. Secretary to Director of Consumer Affairs ...... 10.00 29.73 151. Senior Assistant City Planner ...... 10.00 25.33 152. Senior Assistant Designer ...... 10.00 25.33 153. Senior Assistant Mechanical Engineer...... 10.00 25.33 154. Senior Cashier ...... 12.57 20.81 155. Senior Chemist ...... 17.61 24.02 156. Senior Clerk ...... 12.47 17.08 157. Senior Computer Operator ...... 10.00 28.22 158. Senior Contract and Monitoring Specialist ...... 11.34 29.91 159. Senior Data Conversion Operator ...... 13.47 18.99 160. Senior Development Officer ...... 12.63 37.02 161. Senior Draftsman ...... 11.69 20.42 162. Senior Laboratory Technician...... 10.86 18.58 163. Senior Landscape Architect ...... 10.00 31.46 164. Sewer Service Man ...... 18.16 19.85 165. Site Inspector...... 10.00 24.02 166. Social Worker for Homeless ...... 13.82 23.63 167. Starter (Golf) ...... 10.00 13.96 168. Stenographer III ...... 10.00 18.99 169. Stock Clerk...... 13.11 18.78 170. Storekeeper ...... 16.66 21.39 171. Surveyor...... 10.00 28.22 172. Tax Auditor I...... 14.39 19.31 173. Tax Auditor II...... 15.48 21.36 174. Technical Specialist ...... 10.00 24.02 175. Technical Specifications Writer ...... 10.00 25.34 176. Telecommunications Analyst I ...... 14.53 43.73 177. Telephone Operator ...... 10.00 16.97 178. Telephone Supervisor ...... 10.00 18.22 179. Traffic Sign and Marking Technician ...... 16.57 18.22 180. Trainee Building Inspector...... 18.60 20.94 181. Trainee Residential Plan Examiner ...... 18.25 21.77 1088 July 23, 2014 The City Record 81

182. Typist ...... 12.02 15.85 183. Water Hydraulic Repairman ...... 18.16 19.85 184. Water Meter Repairman ...... 16.18 19.85 185. Water Pipe Repairman...... 16.44 21.25 186. Water Serviceman...... 10.00 16.96 187. Water System Construction Inspector ...... 18.97 24.81 188. Web Content Editor ...... 10.00 30.67

Ord. No. 862-14. and the members of Cleveland City Section 2. That the cost of said con- By Council Members J. Johnson and Council in any and all matters related tract shall be in an amount not to Conwell. to official Council business. exceed $43,000 and shall be paid from An emergency ordinance authoriz- Whereas, this ordinance constitutes Fund No. 10 SF 188. ing and directing the Director of an emergency measure providing for Section 3. That the Director of Law Office of Capital Projects to issue a the usual daily operation of a munici- shall prepare and approve said con- permit to the Glenville Festival Com- pal department; now, therefore, tract and that the contract shall con- mittee to stretch banners on East Be it ordained by the Council of tain such terms and provisions as he 105rd Street and Ostend Avenue; East the City of Cleveland: deems necessary to protect the City’s 88th Street and St. Clair Avenue; and Section 1. That the Clerk of Council interest. East 103rd Street and St. Clair is authorized to enter into one or more Section 4. That this ordinance is Avenue; for the period from July 17, internship agreements with various hereby declared to be an emergency 2014 to August 16, 2014, inclusive, cel- individuals to provide assistance to measure and, provided it receives the ebrating the annual Glenville Her- the Office of the Clerk and the mem- affirmative vote of two-thirds of all itage Festival. bers of Cleveland City Council in any the members elected to Council, it Whereas, this ordinance constitutes and all matters related to official shall take effect and be in force imme- an emergency measure providing for Council business, as may be directed diately upon its passage and approval the usual daily operation of a munici- by the Clerk or her designees. The by the Mayor; otherwise it shall take pal department; now, therefore, agreements may be for terms of any effect and be in force from and after Be it ordained by the Council of number of weeks starting on or after the earliest period allowed by law. the City of Cleveland: September 1, 2014 and ending on or Passed July 16, 2014. Section 1. That notwithstanding the before September 30, 2015. The indi- Effective July 21, 2014. provision of Section 623.13 of the Cod- viduals shall be paid on an hourly ified Ordinances, of Cleveland, Ohio, basis in an amount up to and not to 1976, the Director of the Office of Cap- exceed $15.00 per hour and shall be ital Projects is hereby authorized and certified from fund number 01, sub- Ord. No. 865-14. directed to issue a permit to the fund 001, department 0101, object 6320. By Council Member Mitchell. Glenville Festival Committee to Section 2. That this ordinance is An emergency ordinance to add the install, maintain and remove banners hereby declared to be an emergency name Elder Paul Carrington Way as a on, East 105th Street and Ostend measure and, provided it receives the secondary and honorary name to Avenue; East 88th Street and St. Clair affirmative vote of two-thirds of all Fuller Avenue between East 89th Avenue; and East 103rd Street and St. the members elected to Council, it Street and East 93rd Street. Clair Avenue; inclusive. Said banner shall take effect and be in force imme- Whereas, this ordinance constitutes shall be approved by the Office of diately upon its passage and approval an emergency measure providing for Capital Projects, in consultation with by the Mayor; otherwise it shall take the usual daily operation of a munici- the Director of Public Safety, as to effect and be in force from and after pal department; now, therefore, type, method of affixing and location the earliest period allowed by law. Be it ordained by the Council of so as not to interfere with any sign Passed July 16, 2014. the City of Cleveland: erected and maintained under the Effective July 21, 2014. Section 1. That, notwithstanding requirements of law or ordinance. and as an exception to the Codified The permission of the owner of any Ordinances of the City of Cleveland, pole from which a banner will be 1976, the name Elder Paul Carrington hung must be obtained prior to Way shall be added as a secondary Ord. No. 864-14. issuance of the permit. No commercial and honorary name to Fuller Avenue By Council Members Reed and advertising shall be printed or per- between East 89th Street and East Mitchell. mitted on said banner and said ban- 93rd Street. An emergency ordinance authoriz- ner shall be removed promptly upon Section 2. That this ordinance is the expiration of said permit. ing the Director of the Department of hereby declared to be an emergency Section 2. That this ordinance is Community Development to enter into measure and, provided it receives the hereby declared to be an emergency agreement with Fairfax Renaissance affirmative vote of two-thirds of all measure and, provided it receives the Development Corporation for the the members elected to Council, it affirmative vote of two-thirds of all Neighborhood Technology Center shall take effect and be in force imme- the members elected to Council, it Program through the use of Wards 2 diately upon its passage and approval shall take effect and be in force imme- and 6 Casino Revenue Funds. by the Mayor; otherwise it shall take diately upon its passage and approval Whereas, this ordinance constitutes effect and be in force from and after by the Mayor; otherwise, it shall take an emergency measure providing for the earliest period allowed by law. effect and be in force from and after the usual daily operation of a munici- Passed July 16, 2014. the earliest period allowed by law. pal department; now, therefore, Effective July 21, 2014. Passed July 16, 2014. Be it ordained by the Council of Effective July 21, 2014. the City of Cleveland: Section 1. That the Director of the Department of Community Develop- Ord. No. 866-14. ment is authorized to enter into an By Council Members J. Johnson and Ord. No. 863-14. agreement with Fairfax Renaissance Polensek. By Council Member Kelley. Development Corporation for the An emergency ordinance to desig- An emergency ordinance authoriz- Neighborhood Technology Center nate the track at Collinwood Athletic ing the Clerk of Council to enter into Program for the public purpose of pro- Complex as the “Louis Slapnik one or more internship agreements viding computer training to the resi- Track”. with various individuals to provide dents of Cleveland through the use of Whereas, for more than 26 years, assistance to the Office of the Clerk Wards 2 and 6 Casino Revenue Funds. Louis Slapnik was the girls track 1089 82 The City Record July 23, 2014 coach at Collinwood High School, Ord. No. 880-14. acceptable to the Director of Public leading his teams to nine Girls State By Mayor Jackson and Council Works or such other director having Track Championships; and Member Kelley. management responsibility for the Whereas, Louis Slapnik is the only An emergency ordinance authoriz- facility; Division I coach in the State of Ohio to ing the Mayor to enter into agreement (b) That the Gateway East Park- win five straight team championships with the Cleveland 2016 Host Commit- ing Garage may be temporarily and he has earned a place as a coach tee, Inc. to hold the 2016 Republican closed and converted to a media work in the Ohio High School Athletic Asso- National Convention in Cleveland and space at the cost of the Host Commit- ciation Hall of Fame; and authorizing various directors to tee and Willard Park Garage may be Whereas, Mr. Slapnik has been a accept grants and gifts, issue permits, made available for the parking of true leader in the Collinwood commu- enter into contract, and perform vari- vehicles as part of the Convention, nity as teacher, coach and mentor to ous tasks necessary to support the including a payment to the City in the so many; and Convention in Cleveland in 2016. projected amount of lost parking rev- Whereas, this ordinance constitutes Whereas, the City of Cleveland enue during the period that the an emergency measure providing for (“City”) has been selected to hold the garage is closed or a fee for the park- 2016 Republican National Convention ing of vehicles as determined by the the usual daily operation of a munici- (the “Convention”); and Director of Finance based on past pal department; now, therefore, Whereas, the Convention will parking revenue figures and the Be it ordained by the Council of attract thousands of delegates, visi- requirements of the City’s parking the City of Cleveland: tors and news media to the City and facilities bonds; Section 1. That the track at showcase the City on a national and (c) That the City will expedite the Collinwood Athletic Complex be and world stage; and review and approval process for all is hereafter designated as the “Louis Whereas, the Cleveland 2016 Host licenses, permits, approvals, reviews, Slapnik Track”. Committee, Inc. (the “Host Commit- variances and inspections required by Section 2. That this ordinance is tee”) desires to secure and the City the laws of the City as needed for the hereby declared to be an emergency desires to provide certain facilities Convention and related activities; measure and, provided it receives the and services and to undertake certain (d) That the City will provide all affirmative vote of two-thirds of all obligations related to conducting the security, traffic control and related the members elected to Council, it Convention in Cleveland; and protective services as required by the shall take effect and be in force imme- Whereas, the City recognizes the Convention security and traffic con- diately upon its passage and approval compelling need for security and trol plan authorized by Section 2 of by the Mayor; otherwise it shall take other essential City services during this ordinance and as determined by effect and be in force from and after the Convention to provide a safe, the Director of Public Safety; the earliest period allowed by law. secure, clean and positive environ- (e) That the City will coordinate Passed July 16, 2014. ment for those attending the conven- with the Host Committee on the Effective July 21, 2014. tion and other visitors to Cleveland implementation of a comprehensive during the event; and technology and telecommunications Whereas, the City supports and services plan for the Convention and endorses the efforts of the Host Com- provide access as determined appro- Ord. No. 867-14. mittee, its partners and regional offi- priate by the Directors of Public Safe- By Council Member Polensek. cials to promote the local economy, ty and Finance, as applicable to the An emergency ordinance authoriz- encourage commerce and economic duties of their respective depart- ing the Director of the City Planning development and promote the positive ments; Commission to enter into agreement achievements in our community; and (f) That, notwithstanding any Code Whereas, this Council supported provision or ordinance to the con- with the Northeast Shores Develop- the efforts of Mayor Jackson and the trary, the City may issue the neces- ment Corporation for the East 185th Host Committee to bring the Conven- sary permits required for the hanging Street Planning Study through the tion to Cleveland through the unani- or display of banners and other sig- use of Ward 8 Casino Revenue Funds. mous adoption of Resolution No. 281- nage related to the Convention on Whereas, this ordinance constitutes 14, adopted on February 24, 2014; and City rights-of-way and City-owned an emergency measure providing for Whereas, the Convention provides property and to expedite the review the usual daily operation of a munici- an opportunity for Cleveland to estab- and permit approval process for a pal department; now, therefore, lish partnerships and regional collab- comprehensive general signage plan Be it ordained by the Council of oration benefiting our City and the for the temporary display of signage the City of Cleveland: region into the future, and will gener- in support of the Convention within Section 1. That the Director of the ate millions of dollars of economic the Central Business District and the Planning Commission is hereby impact for the City and the surround- major routes into the City, in accor- authorized to enter into an agreement ing region; and dance with a plan proposed by the with the Northeast Shores Develop- Whereas, this ordinance constitutes Host Committee and approved by the ment Corporation for the East 185th an emergency measure providing for Director of Capital Projects; Street Planning Study for the public the usual daily operation of a munici- (g) That the City will coordinate purpose developing a comprehensive pal department and constitutes an with the Host Committee the making plan to reconstruct existing emergency measure providing for the of any public improvements likely to streetscape and to develop a land use immediate preservation of the public impact the Convention and further plan for the East 185th Street corridor peace, property, health and safety in agrees to negotiate completion guar- area in the city of Cleveland through that the timely authorization and antees on City construction projects the use of Ward 8 Casino Revenue signing of the necessary agreements to insure completion prior to the start Funds. and commitments to support the Con- of the Convention; Section 2. That the cost of said convention are required to accomplish (h) That, in support of the econom- tract shall be in an amount not to the City’s goal of bringing the 2016 ic development and promotion oppor- exceed $10,000 and shall be paid from Republican National Convention to tunities for Cleveland associated with Fund No. 10 SF 188. Cleveland; now, therefore, the Convention, the City agrees to Section 3. That the Director of Law Be it ordained by the Council of contribute an amount not to exceed the City of Cleveland: $2,500,000 to the Host Committee at shall prepare and approve said con- Section 1. That, notwithstanding such time and on such terms as are tract and that the contract shall con- any Code provision or ordinance to acceptable to the Director of Econom- tain such terms and provisions as he the contrary, the Mayor is authorized ic Development; deems necessary to protect the City’s to enter into one or more agreements (i) That the Host Committee agrees interest. with the Host Committee to hold the to secure all necessary permits and Section 4. That this ordinance is Convention in Cleveland, which shall consents and pay the City’s standard hereby declared to be an emergency include the following provisions: permitting fees as required for the measure and, provided it receives the (a) That City-owned facilities, Convention and related activities; affirmative vote of two-thirds of all including Public Hall, the public (j) That the Host Committee agrees the members elected to Council, it areas of City Hall, Browns Stadium, to reimburse the City for reasonable, shall take effect and be in force imme- Voinovich Park, Malls A, B & C, the anticipated costs unrelated to the pro- diately upon its passage and approval City-owned lakefront parking lots, vision of the City’s standard munici- by the Mayor; otherwise it shall take Public Square, and the North Coast pal services and not covered by effect and be in force from and after Marina, may be made available to the grants, gifts or other sources of funds the earliest period allowed by law. Host Committee as needed as a venue accepted under this ordinance; and Passed July 16, 2014. for Convention-related activities, as (k) That the City will work in part- Effective July 21, 2014. an in-kind contribution on terms nership with the Host Committee in 1090 July 23, 2014 The City Record 83 all of its activities related to the Con- nents may be the subject of a separate to accommodate the interests of per- vention, including the regulation of contract on a unit basis. sons participating in the gathering Convention related services to insure Section 7. That the Directors of and persons not participating in the consistency in treatment and cost. Public Works, Public Safety, Capital gathering, all in accordance with the Section 2. That, notwithstanding Projects, and Finance, as applicable security plan promulgated under Sec- any Code provision or ordinance to to the duties of their respective tion 3 of this ordinance. The permits the contrary, the Director of Public departments, are authorized to make issued under this section may exclude Safety is authorized to develop and one or more written standard con- public assemblies in certain areas implement a Convention security and tracts and written requirement con- defined in the regulations and as traffic control plan in consultation tracts under the Charter and the required in the Convention security with federal, state and other local law Codified Ordinances of Cleveland, and traffic control plan and prohibit enforcement agencies and consistent Ohio, 1976, the period of require- materials and objects defined in the with national security requirements, ments to be determined by the regulations in certain areas as including the designation of one or appropriate director, for the pur- defined in the regulations. more security zones related to the chase or rental of the necessary Section 12. That, notwithstanding Convention and development and items of materials, equipment, sup- any Code provisions or ordinances to implementation of a traffic plan that plies, and services, including insur- the contrary, the various City direc- involves the closing of streets and ance policies, necessary to prepare tors are authorized to develop and rerouting of traffic to accommodate for and host the Convention, to be implement policies and practices for the increased traffic, buses and vehi- purchased or procured by the Com- consolidating applications for and cles related to the convention. The missioner of Purchases and Supplies expediting review and issuance of City licenses, permits, approvals, Director is further authorized to enter on a unit basis for the appropriate reviews and inspections as required into agreements with federal, state department. Bids shall be taken in by the laws of the City as need for the and other local law enforcement a manner that permits an award to Convention and related activities and agencies as needed to implement the be made for all items as a single plan. to issue a comprehensive convention contract, or by separate contract for permit that incorporates various City Section 3. That the Director of Pub- each or any combination of the lic Safety is authorized to apply for permits for the Convention, including items as the Board of Control deter- review and approval of a comprehen- and accept a National Special Securi- mines. ty Events (NSSE) grant or grants and sive signage plan in the Central Busi- Section 8. That the costs of any ness District and the major routes grants from other federal, state and requirement contract authorized by local granting agencies for the pur- into the City as proposed by the Host Section 7 of this ordinance shall be pose of developing and implementing Committee, in a form acceptable to charged against the proper appropria- the security and traffic control plan the Director of Law. tion accounts and the Director of for the Convention. The Director is Section 13. That the Directors of Finance shall certify the amount of further authorized to file all papers Public Works, Public Safety, Capital the initial purchase or procurement, and execute all documents necessary Projects, and Finance as applicable to which purchase or procurement, to receive the funds accepted under the duties of their respective depart- together with all later purchases or this ordinance, and upon acceptance ments, are authorized to apply for and procurements, shall be made on order of the funds by the Director, they accept any gifts or grants from public or private entities for the purpose of shall be appropriated for the purposes of the Commissioner of Purchases effectuating this ordinance. The set forth in grant agreement. and Supplies under a requisition appropriate director is further autho- Section 4. That the Directors of Pub- against the contract or contracts cer- rized to file all papers and execute all lic Works, Public Safety, Capital Pro- tified by the Director of Finance. documents necessary to receive the jects, and Finance, as applicable to Section 9. That under Section 108(b) funds accepted under this ordinance, the duties of their respective depart- of the Charter, any purchases autho- and upon acceptance of the funds by ments, are authorized to employ by rized by this ordinance may be made through cooperative agreements with the appropriate director, they shall be contract or contracts one or more con- appropriated for the purposes set sultants or other professionals or one other governmental agencies. The Directors of Public Works, Public forth in this ordinance. or more firms of consultants or other Section 14. That the Directors of professionals, including insurance Safety, and Capital Projects, as applicable to the duties of their Public Works, Public Safety, and Cap- consultants, necessary for the pur- ital Projects, as applicable to the pose of supplementing the regularly respective departments, may sign all documents that are necessary to duties of their respective depart- employed staff of the several departments, are authorized to apply and make the purchases, and may enter ments of the City of Cleveland in pay for permits, licenses, or other into one or more contracts with the order to provide professional services authorizations required by any regu- vendors selected through that cooper- necessary to prepare for and hold the latory agency or public authority to ative process. Convention. The selection of the pro- permit performance of the work fessional consultants shall be made Section 10. That the Directors of authorized by this ordinance and as by the Board of Control on the nomi- Public Works, Public Safety, and Cap- needed to accommodate the Conven- nation of the appropriate director. ital Projects, as applicable to the tion. Section 5. That, under Section 167 of duties of their respective depart- Section 15. That, notwithstanding the Charter of the City of Cleveland, ments, are authorized to apply and any Code provisions or ordinances to this Council determines to make the pay for permits, licenses, or other the contrary, the Director of Port Con- public improvement of constructing authorizations and fees required by trol is authorized to enter into one or improvements in the rights-of-ways any regulating entity or other public more agreements with the Host Com- and on public property in the City nec- authority to implement this ordi- mittee for the use of airport and lake- essary to prepare for and hold the nance, including those relating to front property under the Director’s Convention, for the Departments of construction of any improvements. management, including the Burke Public Works, Public Safety and Cap- Section 11. That, notwithstanding Lakefront Airport parking areas, as ital Projects, by one or more contracts any Code provision or ordinance to needed for Convention related activi- duly let to the lowest responsible bid- the contrary, the Public Works, Pub- ties on terms acceptable to the Direc- der or bidders after competitive bid- lic Safety, and Capital Projects, as tor. ding on a unit basis for the improve- applicable to the duties of their Section 16. That the Director of Pub- ment. respective departments, are autho- lic Utilities is authorized to enter into Section 6. That the Directors of Pub- rized to issue public gathering per- one or more agreements with the Host lic Works, Public Safety, and Capital mits, demonstration permits, tempo- Committee to provide utility services Projects, as applicable to the duties of rary use permits, parade permits, and to the Convention and related activi- their respective departments, are business access and operations per- ties in accordance with the standard authorized to enter into one or more mits during the a period starting one terms and conditions of the City’s util- contracts for the making of the public month before the first day of the Con- ities. improvements authorized by Section 5 vention until one week after the com- Section 17. That the Directors of of this ordinance with the lowest pletion of the Convention, subject to Public Works, Public Safety, and Cap- responsible bidder or bidders after reasonable time, place, and manner ital Projects, as applicable to the competitive bidding on a unit basis regulations promulgated by the duties of their respective depart- for the improvement, provided, how- appropriate director and approved by ments, are authorized to enter into ever, that each separate trade and the Board of Control, to use the rights- one or more contracts with the federal each distinct component part of the of-way and public property, to allow government, the State of Ohio, the improvement may be treated as a sep- appropriate access and operation of Greater Cleveland Regional Transit arate improvement, and each, or any affected businesses and/or to protect Authority, Cuyahoga County, the combination, of the trades or compo- public safety, persons, property, and Gateway Development Corporation, 1091 84 The City Record July 23, 2014 the Cleveland-Cuyahoga County Port Section 2. That the cost of said con- and, provided it receives the affirma- Authority, Cavaliers Operating Com- tract shall be in an amount not to tive vote of two-thirds of all the mem- pany, LLC, Cleveland Indians Base- exceed $10,000 and shall be paid from bers elected to Council, it shall take ball Company Limited Partnership, Fund No. 10 SF 177. effect and be in force immediately and any other entity involved in the Section 3. That the Director of Law upon its passage and approval by the Convention process as needed to shall prepare and approve said con- Mayor; otherwise it shall take effect effectuate the purposes of this ordi- tract and that the contract shall con- and be in force from and after the ear- nance. tain such terms and provisions as he liest period allowed by law. Section 18. That all agreements deems necessary to protect the City’s Passed July 16, 2014. authorized by this ordinance shall be interest. Effective July 21, 2014. approved by the Director of Law and Section 4. That this ordinance is contain such terms and conditions as hereby declared to be an emergency necessary to protect the public inter- measure and, provided it receives the est consistent with the purposes of affirmative vote of two-thirds of all Ord. No. 894-14. this ordinance. the members elected to Council, it By Council Member Reed. Section 19. That the cost of any shall take effect and be in force imme- An emergency ordinance authoriz- expenditure incurred under this ordi- diately upon its passage and approval ing the Director of the Department of nance, including all contracts, shall by the Mayor; otherwise it shall take Community Development to enter into be paid from Fund No.10 SF 963, from effect and be in force from and after an agreement with Coach Sam’s Inner the fund or funds to which are credit- the earliest period allowed by law. Circle Foundation for the Aiming ed any grant funds or gifts received Passed July 16, 2014. Higher After-school Program through under this ordinance, from the fund or Effective July 21, 2014. the use of Ward 2 Casino Revenue funds to which are credited the pro- Funds. ceeds of any existing or future bond Whereas, this ordinance constitutes issue that includes these purposes, an emergency measure providing for and from any other funds that are Ord. No. 893-14. the usual daily operation of a munici- appropriated for this purpose as By Council Members Brancatelli pal department; now, therefore, determined by the Director of and Kelley (by departmental Be it ordained by the Council of Finance. request). the City of Cleveland: Section 20. That this ordinance is An emergency ordinance authoriz- Section 1. That the Director of the declared to be an emergency measure ing the Director of Economic Devel- Department of Community Develop- and, provided it receives the affirma- opment to enter into an amendment to ment is authorized to enter into agree- tive vote of two-thirds of all the mem- Contract No. CT 9501 – LA 2011-66 with ment with Coach Sam’s Inner Circle bers elected to Council, it shall take West 25th Street Lofts, LLC, or its Foundation for the Aiming Higher effect and be in force immediately designee, to change certain repay- After-school Program for the public upon its passage and approval by the ment terms of the loan. purpose of providing after-school edu- Mayor; otherwise it shall take effect Whereas, under Ordinance No. 940- cation and health fitness activities and be in force from and after the ear- 11, passed July 20, 2011, this Council for at-risk youth residing in the city liest period allowed by law. authorized the Director of Economic of Cleveland through the use of Ward Passed July 16, 2014. 2 casino revenue funds. Effective July 16, 2014. Development to enter into Contract No. CT 9501 – LA 2011-66 with West Section 2. That the cost of said con- 25th Street Lofts, LLC, or its designee tract shall be in an amount not to (“West 25th Street Lofts”), to provide exceed $20,000 and shall be paid from Fund No. 10 SF 188. Ord. No. 882-14. economic development assistance to Section 3. That the Director of Law By Council Member Reed. partially finance the soft costs and shall prepare and approve said con- An emergency ordinance authoriz- the acquisition of real property locat- tract and that the contract shall con- ing the Director of the Department of ed at 1480 and 1526 West 25th Street; tain such terms and provisions as he Public Health to enter into an agree- and deems necessary to protect the City’s ment with Case Western Reserve Uni- Whereas, the City and West 25th interest. versity School of Medicine for the Street Lofts wish to change certain Section 4. That this ordinance i Lung Cancer Screening and Preven- repayment terms of the loan; and s tion Program through the use of Whereas, this ordinance constitutes hereby declared to be an emergency Ward 2 Neighborhood Capital Funds. an emergency measure providing for measure and, provided it receives the Whereas, this ordinance constitutes the usual daily operation of a munici- affirmative vote of two-thirds of all an emergency measure providing for pal department; now, therefore, the members elected to Council, it the usual daily operation of a munici- Be it ordained by the Council of shall take effect and be in force imme- pal department; now, therefore, the City of Cleveland: diately upon its passage and approval Be it ordained by the Council of Section 1. That the Director of Eco- by the Mayor; otherwise it shall take the City of Cleveland: nomic Development is authorized to effect and be in force from and after Section 1. That the Director of the enter into an amendment to Contract the earliest period allowed by law. Department of Public Health is autho- No. CT 9501 – LA 2011-66 and any col- Passed July 16, 2014. rized to enter into an agreement with lateral documents with West 25th Effective July 21, 2014. the Case Western Reserve University Street Lofts to change certain repay- School of Medicine for the Lung Can- ment terms of the loan, which are cer Screening and Prevention Pro- identified in File No. 893-14-A. COUNCIL COMMITTEE gram for the public purpose of provid- Section 2. That the amendment and MEETINGS ing health screenings for the preven- all related documents will be pre- tion of lung cancer for city of Cleve- pared by the Director of Law. land residents through the use of Section 3. That this ordinance is Ward 2 Neighborhood Capital Funds. declared to be an emergency measure NO MEETINGS

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

Agreements

2016 Republican National Convention in Cleveland — Cleveland 2016 Host Committee, Inc. (O 880-14) ...... 1042-1090 Aiming Higher After-school Program — Coach Sam’s Inner Circle Foundation — Community Development (Ward 02 CRF) (O 894-14) ...... 1044-1092 1092 July 23, 2014 The City Record 85

East 185th Street Planning Study — City Planning Commission — Northeast Shores Development Corporation (Ward 08 CRF) (O 867-14) ...... 1041-1090 Lung Cancer Screening and Prevention Program — Health Department — Case Western Reserve University School (Ward 02 NCF) (O 882-14) ...... 1044-1092 Neighborhood Technology Center Program — computer training — Community Development Department — Fairfax Renaissance Development Corporation (Ward(s) 02 and 06 CRF) (O 864-14) ...... 1041-1089

Animals

Trap-Neuter-Return and Return to Field Community Cat city services (R 892-14) ...... 1036

Appreciation

Carrington, Elder Paul (R 976-14) ...... 1013 Comeau-Hart, Judy (R 975-14) ...... 1013 Wobser, Eric (R 974-14) ...... 1013

Banners

Glenville Festival Committee — various locations — July 17 to August 16 — Glenville Heritage Festival — Capital Projects Office (Ward(s) 10 and 09) (O 862-14) ...... 1041-1089

Board of Building Standards and Building Appeals

Avalon Road, 1643, (Ward 10) — Daryl Williams & Charles Scott, owners — extension of time granted on 7/16/14 (Doc. A-30-14) ...... 1061 Brookpark Road, 1400, (Ward 13) — LaPine Truck Sales, owner — no action on 7/16/14 (Doc. A-102-14) ...... 1060 Denison Avenue, 9106, (Ward 11) — Edward Callahan, owner — appeal adopted on 7/16/14 (Doc. A-86-14) ...... 1061 Dodge Court, 1629, (Ward 3) — Hofbrauhaus Cleveland LLC, owner — appeal adopted on 7/16/14 (Doc. A-126-14) ...... 1061 East 74th Street, 1138, (Ward 7) — Xiang Wu, owner — appeal adopted on 7/16/14 (Doc. A-97-14) ...... 1061 East 87th Street, 1847, (Ward 7) — Sylvester Stewart, owner — appeal postponed to 7/30/14 on 7/16/14 (Doc. A-94-14)...... 1060 East 93rd Street, 3417, (Ward 6) — EFPM LLC, owner — appeal postponed to 7/30/14 on 7/16/14 (Doc. A-100-14) ...... 1060 Euclid Avenue, 5000, (Ward 3) — GEIS Companies, owner — appeal adopted on 7/16/14 (Doc. A-112-14) ...... 1061 Forestdale Avenue, 1818, (Ward 12) — Lauri Ortiz, owner — appeal resolved on 7/16/14 (Doc. A-103-14) ...... 1060 Forestdale Avenue, 2227, (Ward 12) — Sigdan and Catalina Andino, owners — appeal resolved on 7/16/14 (Doc. A-101-14) ...... 1060 Francis Avenue, 6209, (Ward 5) — NYCB Mortgage Company, LLC, Lienholder — appeal adopted on 7/16/14 (Doc. A-89-14)...... 1061 Heisley Avenue, 6416, (Ward 12) — Virgil Sizemore, owner — appeal resolved on 7/16/14 (Doc. A-104-14) ...... 1060 Milverton Road, 14618, (Ward 1) — Ada Martin, owner — appeal adopted on 7/16/14 (Doc. A-92-14) ...... 1061 Rainbow Avenue, 14112, (Ward 17) — Joyce Pring, owner — appeal adopted on 7/16/14 (Doc. A-93-14) ...... 1061 Union Avenue, 13309-11, (Ward 4) — Simon Roofing/Vross Simon, LLC, owner — appeal postponed to 9/29/14 on 7/16/14 (Doc. A-99-14) ...... 1060 West 148th Street, 4537, (Ward 16) — Robert Cangami, owner — extension of time granted on 7/16/14 (Doc. A-58-14)...... 1061 West 3rd Street, 1216-65, a.k.a. Cuyahoga County Jail (kitchen), (Ward 3) — Cuyahoga County Board of Commissioners c/o Department of Public Works, owner — appeal resolved on 7/16/14 (Doc. A-127-14)...... 1061 West 58th Street, 3275, (Ward 3) — Barbara Rohman, owner — appeal adopted on 7/16/14 (Doc. A-79-14) ...... 1061 West 75th Street, 1454, (Ward 15) — Clara L. Class, owner — no action on 7/16/14 (Doc. A-98-14) ...... 1060

Board of Control — Cleveland Hopkins International Airport Division

Parking rates for valet service — effective July 1, 2014 — Dept. of Port Control (BOC Res. 334-14) ...... 1057

Board of Control — Community Development Department

Walton Avenue, 3102 (Ward 14) — PPN 007-26-065 — Marisol Rodriguez (BOC Res. 336-14) ...... 1057

Board of Control — Harvard Yards Service Center

Harvard Yard Facility improvements — per Ord. 1542-09 to EnviroCom Construction, Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 333-14) ...... 1057 1093 86 The City Record July 23, 2014

Board of Control — Land Reutilization Program

Walton Avenue, 3102 (Ward 14) — PPN 007-26-065 — Marisol Rodriguez (BOC Res. 336-14) ...... 1057

Board of Control — Port Control Department

Parking rates for valet service — effective July 1, 2014 — Division of Cleveland Hopkins International Airport (BOC Res. 334-14) ...... 1057

Board of Control — Professional Service Contracts

Reverse 911 Area Wide Notification System maintenance and technical support — renew contract per C.O. Sec. 181.102 — Dept. of Public Safety (BOC Res. 335-14)...... 1057

Board of Control — Public Improvement Contracts

Harvard Yard Facility improvements — per Ord. 1542-09 to EnviroCom Construction, Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 333-14) ...... 1057

Board of Control — Public Safety Department

Reverse 911 Area Wide Notification System maintenance and technical support — renew contract per C.O. Sec. 181.102 (BOC Res. 335-14) ...... 1057

Board of Control — Public Utilities Department

Harvard Yard Facility improvements — per Ord. 1542-09 to EnviroCom Construction, Inc. — Division of Water (BOC Res. 333-14) ...... 1057

Board of Control — Requirement Contracts

Parking rates for valet service — effective July 1, 2014 — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 334-14)...... 1057

Board of Control — Water Division

Harvard Yard Facility improvements — per Ord. 1542-09 to EnviroCom Construction, Inc. — Dept. of Public Utilities (BOC Res. 333-14) ...... 1057

Board of Zoning Appeals — Report

Brainard Avenue, 1645, (Ward 14) — Sotre Properties, owner — appeal granted and adopted on 7/21/14 (Cal. 14-100) ...... 1060 Clark Avenue, 4207, (Ward 3) — Antonio Ortiz, owner — appeal postponed to 8/25/14 on 7/21/14 (Cal. 14-95) ...... 1060 East 131st Street, 3891, (Ward 2) — Southern Whips, owner — appeal withdrawn on 7/21/14 (Cal. 14-68) ...... 1060 East 156th Street, 423, (Ward 8) — Zygote Press, owner — appeal heard on 7/21/14 (Cal. 14-105) ...... 1059 East 55th Street, 2165, (Ward 5) — Abeco-Ayad Inc. — appeal to be heard on 8/11/14 (Cal. 14-102) ...... 1059 Euclid Avenue, 16625, (Ward 10) — SNS Properties, LLC, owner — appeal postponed to 10/6/14 on 7/21/14 (Cal. 14-77) ...... 1060 Hague Avenue, 7202, (Ward 15) — Deda Shpresa, owner — appeal dismissed on 7/21/14 (Cal. 14-106) ...... 1060 Jay Street, 2525, (Ward 3) — 2515 Company, LLC, owner — appeal granted and adopted on 7/21/14 (Cal. 14-7) ...... 1060 Pearl Road, 5133, (Ward 13) — Pearlbrook Park, owner — appeal heard on 7/21/14 (Cal. 14-103)...... 1059 Saint Clair Avenue, 15450, (Ward 8) — Abdullah Tayeh, owner — appeal heard on 7/21/14 (Cal. 14-107) ...... 1059 West 11th Street, 2425, (Ward 3) — OLM, LLC, owner — appeal heard on 7/21/14 (Cal. 14-108) ...... 1059 West 19th Street, 2089, (Ward 3) — DI Development, LLC, owner — appeal postponed to 7/28/14 on 7/21/14 (Cal. 14-109) ...... 1060 West Park Avenue, 3627, (Ward 17) — Terrance Dobro, owner — appeal granted and adopted on 7/21/14 (Cal. 14-101) ...... 1060

Board of Zoning Appeals — Schedule

Auburn Avenue, 1201, Parking and Common Area, (Ward 3) — City of Cleveland Land Reutilization, owner, and Chelsea Investment Partners, prospective purchaser — appeal to be heard on 8/11/14 (Cal. 14-117) ...... 1058 Auburn Avenue, 1201, Unit 1, (Ward 3) — Chelsea Investment Partners, owner — appeal to be heard on 8/11/14 (Cal. 14-118) ...... 1058 Auburn Avenue, 1201, Unit 2, (Ward 3) — Chelsea Investment Partners, owner — appeal to be heard on 8/11/14 (Cal. 14-119) ...... 1058 1094 July 23, 2014 The City Record 87

Auburn Avenue, 1201, Unit 3, (Ward 3) — Chelsea Investment Partners, owner — appeal to be heard on 8/11/14 (Cal. 14-120) ...... 1058 Auburn Avenue, 1201, Unit 4, (Ward 3) — Chelsea Investment Partners, owner — appeal to be heard on 8/11/14 (Cal. 14-121) ...... 1058 Auburn Avenue, 1201, Unit 5, (Ward 3) — Chelsea Investment Partners, owner — appeal to be heard on 8/11/14 (Cal. 14-122) ...... 1058 Auburn Avenue, 1201, Unit 6, (Ward 3) — Chelsea Investment Partners, owner — appeal to be heard on 8/11/14 (Cal. 14-123) ...... 1059 Auburn Avenue, 1201, Unit 7, (Ward 3) — Chelsea Investment Partners, owner — appeal to be heard on 8/11/14 (Cal. 14-124) ...... 1059 Auburn Avenue, 1201, Unit 8, (Ward 3) — Chelsea Investment Partners, owner — appeal to be heard on 8/11/14 (Cal. 14-125) ...... 1059 Auburn Avenue, 1201, Unit 9, (Ward 3) — Chelsea Investment Partners, owner — appeal to be heard on 8/11/14 (Cal. 14-126) ...... 1059 Henritze Avenue, 4107, (Ward 13) — Huda Harris, owner — appeal to be heard on 8/11/14 (Cal. 14-129) ...... 1059 West 4th Street, 1980, (Ward 5) — Allied Corporation, owner — appeal to be heard on 8/11/14 (Cal. 14-130) ...... 1059

Bridges

Canal Road Bridge removal and replacement — consent — Capital Projects Office — Ohio Department of Transportation (ODOT) (O 843-14) ...... 1020 Public Works — grant permanent and temporary easements to Cuyahoga County — East 49th St. Bridge (O 844-14)...... 1021

Capital Projects

2016 Republican National Convention in Cleveland — agreement — Cleveland 2016 Host Committee, Inc. (O 880-14) ...... 1042-1090 Bridge Ave., 3000 N.W. — encroach into right — of — way — entry-area ADA ramp and stair — WSCH, LLC — City Planning Commission (Ward 03) (O 836-14) ...... 1019 Canal Road Bridge removal and replacement — consent — Ohio Department of Transportation (ODOT) (O 843-14) ...... 1020 Collinwood Athletic Complex Track — add honorary designation of Louis Slapnik Track — City Planning Commission (Wards 08, 10) (O 866-14)...... 1041-1089 Crown Castle NG East Inc. — various locations — encroach into right-of-way — 23 nodes (distributed antenna systems) — City Planning Commission (Ward(s) 01, 02,03, 04, 11 and 16) (O 834-14) ...... 1017 Crown Castle NG East Inc. — various locations — encroach into right-of-way — nodes and duct banks — amend 894-12 — City Planning Commission (Ward(s) 03, 05, and 07) (O 833-14) ...... 1014 East 9th St. — Sidewalk easement — Geis Tower Hotel Master Landlord LLC (Ward 03) (O 628-14) ...... 1052-1075 East 9th St., Superior Ave., and Walnut Ave. — encroach into right-of-way — permanent streetscape improvements — K & D Management LLC — City Planning Commission (Ward 03) (O 835-14) ...... 1018 Euclid Ave. and Prospect Ave. — encroach into right-of-way — 2 basement vaults, canopy and a canopy / marquee — NFII Cleveland, LLC (Ward 04) (O 617-14) ...... 1052-1073 Father Caruso Drive N.W., West 73rd St. and West 74th St. — intention to vacate a portion — City Planning Commission (Ward 15) (R 837-14) ...... 1036 Fuller Ave. (between East 89th St. and East 93rd St.) — secondary and honorary designation — Elder Paul Carrington Way — City Planning Commission (Ward 06) (O 865-14)...... 1041-1089 Glenville Festival Committee — various locations — July 17 to August 16 — Glenville Heritage Festival — banners (Ward(s) 10 and 09) (O 862-14) ...... 1041-1089 Keene Court S.W. — intention to vacate a portion — City Planning Commission (Ward 03) (R 625-14) ...... 1057-1062 Luke Road S.E. — vacate a portion — City Planning Commission (Ward 04) (O 678-14)...... 1053-1077 Mulberry Street N.W. — vacate a portion — City Planning Commission (Ward 03) (O 679-14)...... 1053-1077 Triskett Court N.W. — vacate a portion — City Planning Commission (Ward 17) (O 680-14)...... 1053-1077 West 20th St. — intention to vacate a portion — City Planning Commission (Ward 03) (R 1415-13)...... 1056-1062

Case Western Reserve University (CWRU)

Lung Cancer Screening and Prevention Program — agreement — Health Department (Ward 02 NCF) (O 882-14) ...... 1044-1092

City Council

City Council internships — contracts (O 863-14) ...... 1041-1089 Dreyer, Allan — Clerk of Council Pro Tempore — July 2 to 7 (F 895-14) ...... 1011

City of Cleveland Bids

Demolishing Existing and Constructing New Incinerator Pump Station on West 3rd Street (Re-Bid) — Department of Public Utilities — Division of Water Pollution Control — per Ord. 888-12 — bid due August 8, 2014 (advertised 7/16/2014 and 7/23/2014) ...... 1062 1095 88 The City Record July 23, 2014

Near West Theatre Parking Lot Improvements — Department of Public Works — Division of Architecture and Site Improvement — per Ord. 872-08 — bid due August 1, 2014 (advertised 7/16/2014 and 7/23/2014)...... 1061 Purchase of Various Dump Bodies, Spreaders and Plow Equipment Parts and Labor — Department of Public Works — Division of Motor Vehicle Maintenance — per C.O. Sec. 131.64 — bid due August 8, 2014 (advertised 7/16/2014 and 7/23/2014) ...... 1062 Purchase of Various Fire Apparatus Equipment Parts and Labor — Department of Public Works — Division of Motor Vehicle Maintenance — per C.O. Sec. 131.64 — bid due August 8, 2014 (advertised 7/16/2014 and 7/23/2014) ...... 1062 Sanitary Force Main Rehabilitation — Department of Port Control — Division of Burke Lakefront Airport — per Ord. 745-13 — bid due August 29, 2014 (advertised 7/23/2014 and 7/30/2014 and 8/6/2014) ...... 1062 The Milligan Avenue Area Sewer Rehabilitation and Replacement Project — Department of Public Utilities — Division of Water Pollution Control — per Ord. 615-13 — bid due August 8, 2014 (advertised 7/16/2014 and 7/23/2014) ...... 1062

City Planning Commission

Bridge Ave., 3000 N.W. — encroach into right — of — way — entry-area ADA ramp and stair — WSCH, LLC — Capital Projects Office (Ward 03) (O 836-14)...... 1019 Collier, Jr., Freddy L. — oath of office — Director — Secretary — City Planning Commission (F 932-14) ...... 1012 Collinwood Athletic Complex Track — add honorary designation of Louis Slapnik Track — Capital Projects Office (Wards 08, 10) (O 866-14) ...... 1041-1089 Crown Castle NG East Inc. — various locations — encroach into right-of-way — 23 nodes (distributed antenna systems) — Capital Projects Office (Ward(s) 01, 02,03, 04, 11 and 16) (O 834-14)...... 1017 Crown Castle NG East Inc. — various locations — encroach into right-of-way — nodes and duct banks — amend 894-12 — Capital Projects Office (Ward(s) 03, 05, and 07) (O 833-14) ...... 1014 East 185th Street Planning Study — agreement — Northeast Shores Development Corporation (Ward 08 CRF) (O 867-14) ...... 1041-1090 East 9th St., Superior Ave., and Walnut Ave. — encroach into right-of-way — permanent streetscape improvements — K & D Management LLC — Capital Projects Office (Ward 03) (O 835-14) ...... 1018 Father Caruso Drive N.W., West 73rd St. and West 74th St. — intention to vacate a portion — Capital Projects Office (Ward 15) (R 837-14) ...... 1036 Fuller Ave. (between East 89th St. and East 93rd St.) — secondary and honorary designation — Elder Paul Carrington Way — Capital Projects Office (Ward 06) (O 865-14) ...... 1041-1089 Garland, Chris — oath of office — Assistant Director — City Planning Commission (F 933-14) ...... 1012 Keene Court S.W. — intention to vacate a portion — Capital Projects Office (Ward 03) (R 625-14)...... 1057-1062 Luke Road S.E. — vacate a portion — Capital Projects Office (Ward 04) (O 678-14) ...... 1053-1077 Mulberry Street N.W. — vacate a portion — Capital Projects Office (Ward 03) (O 679-14) ...... 1053-1077 Triskett Court N.W. — vacate a portion — Capital Projects Office (Ward 17) (O 680-14) ...... 1053-1077 W. 11th St. (south of Kenilworth Ave.) — change Use District (Ward 03) (O 630-14)...... 1056-1075 Wagner Awning Company Building (also known as the Cleveland-Akron Bag Company Factory) — Scranton Rd., 2658 — PPN 008-01-061 — designate as landmark — Landmark Commission (Ward 03) (O 811-14)...... 1055-1084 West 117th St. (between Detroit Ave. and Madison Ave.) — establish Pedestrian Retail Overlay District (PRO) (Ward 15) (O 400-14) ...... 1056-1072 West 117th St. (east side) and West 116th St. (south of Clifton Blvd. and along the railroad tracks) — change, Use, Area, and Height Districts (Ward 15) (O 309-14)...... 1055-1070 West 135th St. and Lorain Ave. (northeast corner) — change Use, Area and Height Districts (Ward 16) (O 858-14) ...... 1034 West 20th St. — intention to vacate a portion — Capital Projects Office (Ward 03) (R 1415-13) ...... 1056-1062

Clerk of Council

City Council internships — contracts (O 863-14) ...... 1041-1089 Dreyer, Allan — Clerk of Council Pro Tempore — July 2 to 7 (F 895-14) ...... 1011

Cleveland Electric Illuminating Company (CEI)

Public Safety — deed of easement — East 101st St., 1935 — Fire Station No. 10 (Ward 07) (O 852-14) ...... 1025 Public Works — deeds of easement — Greater Cleveland Regional Transit Authority (RTA) — Ambler Park (O 851-14) ...... 1025

Cleveland Metropolitan School District (CMSD)

Supporting the Alliance for a Healthier Generation Healthy Schools Program (R 935-14) ...... 1051-1069

Cleveland Public Power (CPP)

Debris disposal at landfills — Utilities Department — Water Division — Water Pollution Control Division (O 849-14)...... 1024 1096 July 23, 2014 The City Record 89

PVC and FRE ductline materials — contracts — Utilities Department (O 804-14) ...... 1055-1084 SCADA and PCCS Systems — contracts — Utilities Department (O 796-14) ...... 1054-1081

Cleveland Public Theater

Community Development — Leases By Way of Concession — Detroit Shoreway Community Development Organization — Near West Theater, Inc. — maintaining and operating parking lots (O 846-14)...... 1023

Codified Ordinances

Capital Maintenance and Repair of City Facilities, labor and materials for — enact Section 131.67 — Works Department (O 855-14) ...... 1026 Enact Sections 627.01 to 627.27 and 628.01 to 628.10 and 628.99 — weapons and gun offender registry (O 931-14) ...... 1027 Increase Impounding and Towing Fees — amend Section 405.06 (O 857-14) ...... 1027 Medicaid Administrative Claiming (MAC) Program — contracts — State of Ohio — receive reimbursement — amend Section 141.38 — Health Department (O 854-14) ...... 1036-1085 Smoking Ban — include alternative nicotine products and electronic cigarettes — City Property — amend Section 235 (O 695-14) ...... 1053-1078

Collective Bargaining Agreements

AFSCME Ohio Council 8 AFL-CIO, Local 100 — approve collective bargaining agreement — amend Ord. 385-14 — Finance Department — Human Resources Department (O 860-14) ...... 1038-1086 Cleveland Association of Rescue Employees (CARE) /ILA Local 1975 — approve collective bargaining agreement — amend Ord. 385-14 — Human Resources Department (O 859-14) ...... 1037-1085

Commemoration

Roberto Ocasio Day (R 978-14) ...... 1013

Communications

Amended Certificate of Result — Issue 11 — May 6, 2014 Election (F 718-14-A) ...... 1011 Archives Apartments — Franklin Blvd., 2845 — residential development for young adults with development disabilities — Welcome House, Inc. — OHFA (Ward 03) (F 934-14) ...... 1011 Dreyer, Allan — Clerk of Council Pro Tempore — July 2 to 7 (F 895-14) ...... 1011 Eden Scattered Site Preservation Initiative Phase 1 — Parkhurst Ave., 11006 — residential rental development project — Emerald Development & Economic Network Inc. — OHFA (Ward 11) (F 900-14) ...... 1011

Community Development

Aiming Higher After-school Program — Coach Sam’s Inner Circle Foundation — agreement (Ward 02 CRF) (O 894-14) ...... 1044-1092 Housing Trust Fund Program implementation (O 672-14) ...... 1053-1076 Leases By Way of Concession — Detroit Shoreway Community Development Organization — Cleveland Public Theatre — Near West Theater, Inc. — maintaining and operating parking lots (O 846-14) ...... 1023 Neighborhood Technology Center Program — computer training — Fairfax Renaissance Development Corporation (Ward(s) 02 and 06 CRF) (O 864-14) ...... 1041-1089

Condolences

Cunningham, William Alvin (R 945-14) ...... 1012 Gaines, Judge Clarence L. (R 944-14) ...... 1012 Goodwin, Henrietta (R 941-14) ...... 1012 Hodge, Stafford Lee (R 940-14)...... 1012 Marks, Charles A. (R 939-14)...... 1012 McIntyre, Bessie B. (R 943-14) ...... 1012 Scott, Jimmy (R 946-14) ...... 1012 Scruggs, Irene (R 942-14) ...... 1012

Congratulations

Banks, Sr., Rev. Dr. Leroy and Banks, Beulah (R 952-14) ...... 1012 Baxter, Nancy Lynne (R 950-14)...... 1012 Bobgan, Raymond (R 962-14) ...... 1012 Boze, Rev. Timothy D. (R 965-14)...... 1012 Busta, William (R 963-14) ...... 1012 Cerveny, Kathleen (R 958-14)...... 1012 Club Alma Yaucana — 25th Annual Coffee Festival (R 964-14) ...... 1012 Comedy, Anita (R 966-14) ...... 1012 Dixon, Pauline Salter (R 954-14) ...... 1012 1097 90 The City Record July 23, 2014

Ebersole, David (R 948-14) ...... 1012 Epstein, Deena Mirow (R 957-14)...... 1012 Jackimowicz, Robert A. (R 947-14) ...... 1012 Joyce, Daniel P. (R 951-14) ...... 1012 Kasumi (R 956-14) ...... 1012 Mayen, Valerie (R 961-14) ...... 1012 Myers, Richard (R 959-14) ...... 1012 Ricca, Brad (R 960-14) ...... 1012 Rowan, Rev. Dr. Stephen (R 953-14) ...... 1012 Thompson, Jack (R 949-14) ...... 1012 Turner, Rev. Robert James (R 967-14) ...... 1012 Young, Pamela (R 955-14) ...... 1012

Contracts

BIG Wireless, LLC — professional services — Level 3 support and maintenance, hardware upgrades (O 831-14) ...... 1013 Canal Road Bridge removal and replacement -Capital Projects Office — Ohio Department of Transportation (ODOT) (O 843-14) ...... 1020 Capital Maintenance and Repair of City Facilities, labor and materials for — enact Section 131.67 — Works Department (O 855-14) ...... 1026 Chester Ave., 4501 — Midtown Police Station and other police facilities — various types of furniture (O 802-14)...... 1055-1083 City Council internships (O 863-14)...... 1041-1089 Debris disposal at landfills — Cleveland Public Power Division — Utilities Department — Water Division — Water Pollution Control Division (O 849-14) ...... 1024 Debt Next, LLC — amend Ord. 1593-13 — Finance Department (O 853-14) ...... 1026 East Side Market and parking lot — rehabilitation, repair and renovate — Works Department (O 622-14) ...... 1052-1074 Economic Development — amend Contract No. CT 9501 — LA 2011-66 — West 25th Street Lofts, LLC, (Ward 03) (O 893-14) ...... 1044-1092 Employee Benefits International — professional services — City of Cleveland Self-Insured Employee Healthcare Benefits Plan for employee and prisoner healthcare (O 845-14) ...... 1023 Exercise option to renew Contract No. PS 2012-197 — Michael Baker, Jr. Inc. — planning, engineering and design services (O 856-14) ...... 1037-1085 Exercise option to renew Contract No. PS 2012-203 — TranSystems Corporation of Ohio, Inc. — professional services (O 839-14) ...... 1019 Exercise option to renew Contract No. PS 2012-211 — CHA Consultants, Inc. — professional services (O 840-14) ...... 1020 Exercise option to renew Contract No. PS 2012-240 — Northland Research Corp. — professional services (O 841-14) ...... 1020 Exercise option to renew Contract No. PS 2012-253 — O.R. Colan Assoc., LLC. — professional services (O 842-14) ...... 1020 Housing Trust Fund Program implementation (O 672-14) ...... 1053-1076 Interfleet, Inc. — automated vehicle locator system — Water Division — Utilities Department (O 832-14) ...... 1014 IT assessment — prepare a five-year strategic plan — professional service — Safety Department (O 801-14) ...... 1055-1083 Loew Park Ball Diamond Improvements — Contract: #PI20140000000016 — F. Buddie Contracting, LTD. — Works Department (Statement of Final Acceptance) (F 902-14) ...... 1012 Medicaid Administrative Claiming (MAC) Program — State of Ohio — receive reimbursement — amend Section 141.38 — Health Department (O 854-14) ...... 1036-1085 Microsoft licenses — renew Contract No. MA 1511 RC2010-118 — Software House International Inc. (O 838-14) ...... 1019 PVC and FRE ductline materials -Utilities Department (O 804-14) ...... 1055-1084 Rehab. of BKL Terminal Enhancement Program — public improvement — professional services (O 848-14) ...... 1024 Rehab. of South Campus Area Development Project — public improvement — professional service — Port Control (Ward 17) (O 735-14) ...... 1053-1079 SCADA and PCCS Systems — Utilities Department (O 796-14) ...... 1054-1081 Valves, actuators, and appurtenances -Utilities Department — Water Division (O 850-14) ...... 1024 Vehicles and off- road equipment — Works Department (O 744-14)...... 1054-1080 Water pumps, transformers, electric motors and appurtenances — Water Division — Utilities Department (O 803-14) ...... 1055-1083

Cuyahoga County

Immunization Action Plan Program, 2015 — charge and accept fees — Cuyahoga County Board of Health — Health Department (O 829-14)...... 1013 Public Works — grant permanent and temporary easements to Cuyahoga County — East 49th St. Bridge (O 844-14) ...... 1021 Solid Waste Disposal Program, 2015 — Cuyahoga County Solid Waste Management District — Health Department (O 830-14) ...... 1013

Cuyahoga County Board of Elections

Amended Certificate of Result — Issue 11 — May 6, 2014 Election (F 718-14-A) ...... 1011 1098 July 23, 2014 The City Record 91

Detroit Shoreway Community Development Organization

Community Development — Leases By Way of Concession — Cleveland Public Theatre — Near West Theater, Inc. — maintaining and operating parking lots (O 846-14) ...... 1023

Easements

East 9th St. — Sidewalk easement — Geis Tower Hotel Master Landlord LLC — Capital Projects (Ward 03) (O 628-14) ...... 1052-1075 Public Safety — Cleveland Electric Illuminating Company — East 101st St., 1935 — Fire Station No. 10 (Ward 07) (O 852-14) ...... 1025 Public Works — Cleveland Electric Illuminating Company — Greater Cleveland Regional Transit Authority (RTA) — Ambler Park (O 851-14) ...... 1025 Public Works — grant permanent and temporary easements to Cuyahoga County — East 49th St. Bridge (O 844-14) ...... 1021

East Side Market Project

East Side Market and parking lot — rehabilitation, repair and renovate — Works Department (O 622-14) ...... 1052-1074

Economic Development Department

Amend Contract No. CT 9501 — LA 2011-66 — West 25th Street Lofts, LLC, (Ward 03) (O 893-14) ...... 1044-1092

Encroachments

Bridge Ave., 3000 N.W. — right-of-way — entry-area ADA ramp and stair — WSCH, LLC — Capital Projects Office — City Planning Commission (Ward 03) (O 836-14) ...... 1019 Crown Castle NG East Inc. — various locations — right-of-way — 23 nodes (distributed antenna systems) — Capital Projects Office — City Planning Commission (Ward(s) 01, 02, 03, 04, 11 and 16) (O 834-14) ...... 1017 Crown Castle NG East Inc. — various locations — right-of-way — nodes and duct banks — amend 894-12 — Capital Projects Office — City Planning Commission (Ward(s) 03, 05, and 07) (O 833-14) ...... 1014 East 9th St., Superior Ave., and Walnut Ave. — right-of-way — permanent streetscape improvements — K & D Management LLC — Capital Projects Office — City Planning Commission (Ward 03) (O 835-14) ...... 1018 Euclid Ave. and Prospect Ave. — right-of-way — 2 basement vaults, canopy and a canopy/ marquee — NFII Cleveland, LLC — Capital Projects (Ward 04) (O 617-14)...... 1052-1073

Fees

Increase Impounding and Towing Fees — amend Section 405.06 (O 857-14) ...... 1027

Finance Department

2016 Republican National Convention in Cleveland — agreement — Cleveland 2016 Host Committee, Inc. (O 880-14) ...... 1042-1090 AFSCME Ohio Council 8 AFL-CIO, Local 100 — approve collective bargaining agreement — amend Ord. 385-14 — Human Resources Department (O 860-14) ...... 1038-1086 Cleveland Association of Rescue Employees (CARE) /ILA Local 1975 — approve collective bargaining agreement — amend Ord. 385-14 — Human Resources Department (O 859-14) ...... 1037-1085 Debt Next, LLC — contracts — amend Ord. 1593-13 (O 853-14) ...... 1026 Employee Benefits International — professional services — contracts — City of Cleveland Self-Insured Employee Healthcare Benefits Plan for employee and prisoner healthcare (O 845-14) ...... 1023 Microsoft licenses — renew Contract No. MA 1511 RC2010-118 — Software House International Inc. (O 838-14) ...... 1019 Nottingham Rd., 19218 — PPN 116-34-027 — construct a new entryway to R.J. Taylor Park — Works Department (Ward 10) (O 728-14) ...... 1053-1078 Salary and wage schedules — Sections 8 and 39 — amend Ord. 385-14 — Human Resources Department (O 739-14) ...... 1053-1079 Temporary and seasonal personnel — employ temporary employment agencies — Project Clean program — Human Resources Department (O 805-14) ...... 1055-1084

Grants

2016 Republican National Convention in Cleveland — agreement — Cleveland 2016 Host Committee, Inc. (O 880-14) ...... 1042-1090 Immunization Action Plan Program, 2015 — charge and accept fees — Cuyahoga County Board of Health — Health Department (O 829-14)...... 1013 Office of Biostatistics, Department of Public Health — $4,000 grant — Ohio Public Health (F 901-14) ...... 1011 Ohio Drug Law Enforcement Fund Grant (FY 2014) — Ohio Office of Criminal Justice (O 800-14)...... 1055-1082 1099 92 The City Record July 23, 2014

Ohio Drug Use Prevention Program, 2013-14 — Ohio Attorney General — Safety Department (O 798-14) ...... 1054-1082 Solid Waste Disposal Program, 2015 — Cuyahoga County Solid Waste Management District — Health Department (O 830-14) ...... 1013

Health Care Coverage

Employee Benefits International — professional services — contracts — City of Cleveland Self-Insured Employee Healthcare Benefits Plan for employee and prisoner healthcare (O 845-14) ...... 1023

Health Department

Benett, Myron — oath of office — Commissioner — Health Department (F 896-14) ...... 1011 Cusick, Patrick — oath of office — Deputy Commissioner of Environment — Health Department (F 897-14)...... 1011 Immunization Action Plan Program, 2015 — charge and accept fees — Cuyahoga County Board of Health (O 829-14) ...... 1013 Lung Cancer Screening and Prevention Program — agreement -Case Western Reserve University School (Ward 02 NCF) (O 882-14) ...... 1044-1092 Medicaid Administrative Claiming (MAC) Program — contracts — State of Ohio — receive reimbursement — amend Section 141.38 (O 854-14) ...... 1036-1085 Office of Biostatistics, Department of Public Health — $4,000 grant — Ohio Public Health (F 901-14) ...... 1011 Parrilla, Toinette — oath of office — Director — Health Department (F 898-14) ...... 1012 Smoking Ban — include alternative nicotine products and electronic cigarettes — City Property — amend Section 235 (O 695-14) ...... 1053-1078 Solid Waste Disposal Program, 2015 — Cuyahoga County Solid Waste Management District (O 830-14) ...... 1013 Trap-Neuter-Return and Return to Field Community Cat city services (R 892-14) ...... 1036 Williams, Chantez — oath of office — Commissioner of Environment — Health Department (F 899-14) ...... 1012

Human Resources Department

AFSCME Ohio Council 8 AFL-CIO, Local 100 — approve collective bargaining agreement — amend Ord. 385-14 — Finance Department (O 860-14) ...... 1038-1086 Cleveland Association of Rescue Employees (CARE) /ILA Local 1975 — approve collective bargaining agreement — amend Ord. 385-14 (O 859-14) ...... 1037-1085 Salary and wage schedules — Sections 8 and 39 — amend Ord. 385-14 — Finance Department (O 739-14) ...... 1053-1079 Temporary and seasonal personnel — employ temporary employment agencies — Project Clean program — Finance Department (O 805-14) ...... 1055-1084

Landmark Commission

Wagner Awning Company Building (also known as the Cleveland-Akron Bag Company Factory) — Scranton Rd., 2658 — PPN 008-01-061 — designate as landmark — City Planning Commission (Ward 03) (O 811-14)...... 1055-1084

Lease By Way of Concession

Community Development — Detroit Shoreway Community Development Organization — Cleveland Public Theatre — Near West Theater, Inc. — maintaining and operating parking lots (O 846-14) ...... 1023

Leases

Public Works — Oxbow Building located at Riverbed St., 1283 — Downtown Cleveland Alliance (O 847-14) ...... 1023

Liquor Permits

Bellflower Rd., 11038 — new application (Ward 09) (F 926-14) ...... 1012 Bosworth Rd., 3655-57 — objection to renewal (Ward 11) (R 887-14) ...... 1049-1068 Brookpark Rd., 3500 — transfer of ownership application (Ward 13) (F 917-14) ...... 1012 Carnegie Ave., 10664 — Economic Development transfer (Ward 06) (F 920-14)...... 1012 Cedar Ave., 8412 — new application (Ward 06) (F 922-14) ...... 1012 Central Ave., 7902-04 — withdrawal objection to renewal — repeal Res. 935-13 (Ward 06) (R 869-14)...... 1045-1063 Denison Ave., 9401-03 (1st fl. and bsmt.) — objection to renewal (Ward 11) (R 889-14) ...... 1050-1068 Detroit Ave., 6418 — new application (Ward 15) (F 910-14) ...... 1012 East 123rd St., 1163 — objection to renewal (Ward 09) (R 861-14) ...... 1044-1062 East 71st St., 4061 (1st fl. and patios) — objection to renewal (Ward 12) (R 888-14) ...... 1050-1068 East 93rd St., 3230 — withdraw objection to renewal — repeal Res. 936-13 (Ward 06) (R 870-14)...... 1045-1063 Euclid Ave., 18029 — transfer of location application (Ward 10) (F 927-14) ...... 1012 1100 July 23, 2014 The City Record 93

Euclid Ave., 18314 — Liquor Agency Contract (Ward 10) (F 924-14) ...... 1012 Euclid Ave., 18314 — objection to Liquor Agency Contract (Ward 10) (R 884-14) ...... 1048-1067 Euclid Ave., 18314 — transfer of location application (Ward 10) (F 923-14) ...... 1012 Euclid Ave., 18314 (Unit D) — objection to transfer of liquor license (Ward 10) (R 885-14) ...... 1049-1067 Euclid Ave., 530 — Economic Development transfer (Ward 03) (F 921-14) ...... 1012 Fulton Rd., 3357-59 — withdraw objection to renewal — repeal Res. 1165-13 (Ward 14) (R 938-14)...... 1052-1070 Grovewood Ave., 17214 — new application (Ward 08) (F 904-14) ...... 1012 Grovewood Ave., 17214 — objection to issuance (Ward 08) (R 871-14)...... 1045-1064 Harvard Ave., 7910 — objection to transfer of ownership (Ward 12) (R 868-14) ...... 1044-1063 Harvard Ave., 7910 — transfer of ownership application (Ward 12) (F 912-14) ...... 1012 Hough Ave., 9306 — withdraw objection to renewal — repeal Res. 1057-13 (Ward 07) (R 872-14) ...... 1046-1064 Lake Ave., 8611 — stock application (Ward 15) (F 913-14)...... 1012 Lakeside Ave., 3232 — withdraw objection to transfer of ownership — repeal Res. 284-14 (Ward 03) (R 873-14) ...... 1046-1064 Lakewood Heights Blvd., 13523 — transfer of location application (Ward 16) (F 918-14) ...... 1012 Lorain Ave., 11619 (1st fl. and bsmt.) — objection to renewal (Ward 11) (R 890-14)...... 1050-1068 Lorain Ave., 4133 — objection to transfer of location (Ward 03) (R 874-14) ...... 1046-1064 Lorain Ave., 4506 — transfer of ownership application (Ward 03) (F 925-14)...... 1012 Lorain Ave., 7115-19 and West 73rd St. — withdraw objection to renewal — repeal Res. 1161-13 (Ward 15) (R 875-14) ...... 1046-1065 Main St., 1231 — transfer of ownership application (Ward 03) (F 903-14) ...... 1012 Merwin St., 1785 — new application (Ward 03) (F 928-14) ...... 1012 Old River Rd., 1204 (Mezzanine and Patio) — withdraw objection to renewal — repeal Res. 914-13 (Ward 03) (R 876-14) ...... 1047-1065 Ontario St., 2033 — objection to issuance (Ward 03) (R 883-14)...... 1048-1066 Pearl Rd., 4370 — transfer of ownership application (Ward 13) (F 907-14)...... 1012 Prospect Ave., 627 — objection to transfer of ownership (Ward 03) (R 891-14) ...... 1051-1069 Prospect Ave., 627 — transfer of ownership application (Ward 03) (F 915-14)...... 1012 Prospect Ave., E., 509 — Economic Development transfer (Ward 03) (F 916-14) ...... 1012 Riverside Dr., 5300 — new application (Ward 17) (F 930-14) ...... 1012 Rockwell Ave., 2232 — withdraw objection to renewal — repeal Res. 918-13 (R 877-14) ...... 1047-1065 St. Clair Ave., 2205 — stock application (Ward 07) (F 911-14) ...... 1012 St. Clair Ave., 6201 — new application (Ward 10) (F 908-14) ...... 1012 St. Clair Ave., 6201 — objection to issuance (Ward 10) (R 886-14) ...... 1049-1067 W. Pearl Rd., 3855-57 — transfer of ownership application (Ward 12) (F 909-14) ...... 1012 W. Pearl Rd., 3855-57 (1st fl. & bsmt.) — objection to transfer of ownership (Ward 12) (R 878-14)...... 1047-1065 Waterloo Rd., 15802 — new application (Ward 08) (F 929-14) ...... 1012 West 130th St., 4200 — new application (Ward 16) (F 905-14) ...... 1012 West 130th St., 4645 — stock application (Ward 16) (F 914-14) ...... 1012 West 14th St., 3074 — withdraw objection to renewal — repeal Res. 922-13 (Ward 03) (R 879-14) ...... 1047-1066 West 25th St., 3194 (1st fl. and bsmt.) — withdraw objection to renewal — repeal Res. 1163-13 (Ward 14) (R 937-14)...... 1052-1070 West 6th St., 1275 — transfer of ownership application (Ward 03) (F 919-14) ...... 1012 West 6th St., 1276 (patio, 1st. and 2nd floors & bsmt.) — objection to transfer of ownership (Ward 03) (R 936-14) ...... 1051-1070 Woodland Ave., 5611 — objection to transfer of location (Ward 05) (R 881-14) ...... 1048-1066 Woodland Ave., 5611 — transfer of location application (Ward 05) (F 906-14)...... 1012

Loans

Economic Development — amend Contract No. CT 9501 — LA 2011-66 — West 25th Street Lofts, LLC, (Ward 03) (O 893-14) ...... 1044-1092

Mayor’s Office

2016 Republican National Convention in Cleveland — agreement — Cleveland 2016 Host Committee, Inc. (O 880-14) ...... 1042-1090

Northeast Shores Development Corporation

East 185th Street Planning Study — agreement — City Planning Commission (Ward 08 CRF) (O 867-14) ...... 1041-1090

Oath of Office

Benett, Myron — oath of office — Commissioner — Health Department (F 896-14) ...... 1011 Collier, Jr., Freddy L. — oath of office — Director — Secretary — City Planning Commission (F 932-14) ...... 1012 Cusick, Patrick — oath of office — Deputy Commissioner of Environment — Health Department (F 897-14)...... 1011 Garland, Chris — oath of office — Assistant Director — City Planning Commission (F 933-14) ...... 1012 Parrilla, Toinette — oath of office — Director — Health Department (F 898-14) ...... 1012 Williams, Chantez — oath of office — Commissioner of Environment — Health Department (F 899-14) ...... 1012 1101 94 The City Record July 23, 2014

Office of Criminal Justice Services

Ohio Drug Law Enforcement Fund Grant (FY 2014) (O 800-14) ...... 1055-1082

Ohio Department of Public Health

Office of Biostatistics, Department of Public Health — $4,000 grant (F 901-14)...... 1011

Ohio Department of Transportation (ODOT)

Canal Road Bridge removal and replacement — consent — Capital Projects Office (O 843-14) ...... 1020

Ohio House Finance Agency (OHFA)

Archives Apartments — Franklin Blvd., 2845 — residential development for young adults with development disabilities — Welcome House, Inc. (Ward 03) (F 934-14) ...... 1011 Eden Scattered Site Preservation Initiative Phase 1 — Parkhurst Ave., 11006 — residential rental development project — Emerald Development & Economic Network Inc. (Ward 11) (F 900-14) ...... 1011

Permits

Bridge Ave., 3000 N.W. — encroach into right-of-way — entry-area ADA ramp and stair — WSCH, LLC — Capital Projects Office — City Planning Commission (Ward 03) (O 836-14) ...... 1019 Crown Castle NG East Inc. — various locations — encroach into right-of-way — 23 nodes (distributed antenna systems) — Capital Projects Office — City Planning Commission (Ward(s) 01, 02,03, 04, 11 and 16) (O 834-14) ...... 1017 Crown Castle NG East Inc. — various locations — encroach into right-of-way — nodes and duct banks — amend 894-12 — Capital Projects Office — City Planning Commission (Ward(s) 03, 05, and 07) (O 833-14) ...... 1014 East 9th St., Superior Ave., and Walnut Ave. — encroach into right-of-way — permanent streetscape improvements — K & D Management LLC — Capital Projects Office — City Planning Commission (Ward 03) (O 835-14) ...... 1018 Euclid Ave. and Prospect Ave. — encroach into right-of-way — 2 basement vaults, canopy and a canopy / marquee — NFII Cleveland, LLC — Capital Projects (Ward 04) (O 617-14) ...... 1052-1073 Glenville Festival Committee — various locations — July 17 to August 16 — Glenville Heritage Festival — banners — Capital Projects Office (Ward(s) 10 and 09) (O 862-14) ...... 1041-1089

Police Division

Chester Ave., 4501 — Midtown Police Station and other police facilities — contracts — various types of furniture (O 802-14) ...... 1055-1083 Increase Impounding and Towing Fees — amend Section 405.06 (O 857-14) ...... 1027

Port Control Department

Exercise option to renew Contract No. PS 2012-197 — Michael Baker, Jr. Inc. — planning, engineering and design services (O 856-14) ...... 1037-1085 Exercise option to renew Contract No. PS 2012-203 — TranSystems Corporation of Ohio, Inc. — professional services (O 839-14) ...... 1019 Exercise option to renew Contract No. PS 2012-211 — CHA Consultants, Inc. — professional services (O 840-14) ...... 1020 Exercise option to renew Contract No. PS 2012-240 — Northland Research Corp. — professional services (O 841-14) ...... 1020 Exercise option to renew Contract No. PS 2012-253 — O.R. Colan Assoc., LLC. — professional services (O 842-14) ...... 1020 Rehab. of BKL Terminal Enhancement Program — public improvement contracts — professional services (O 848-14) ...... 1024 Rehab. of South Campus Area Development Project — public improvement contract — professional service (Ward 17) (O 735-14) ...... 1053-1079

Professional Services

BIG Wireless, LLC — contracts — Level 3 support and maintenance, hardware upgrades (O 831-14) ...... 1013 Debt Next, LLC — contracts — amend Ord. 1593-13 — Finance Department (O 853-14)...... 1026 East Side Market and parking lot — rehabilitation, repair and renovate — Works Department (O 622-14) ...... 1052-1074 Employee Benefits International — contracts — City of Cleveland Self-Insured Employee Healthcare Benefits Plan for employee and prisoner healthcare (O 845-14) ...... 1023 Exercise option to renew Contract No. PS 2012-197 — Michael Baker, Jr. Inc. — planning, engineering and design services (O 856-14) ...... 1037-1085 Exercise option to renew Contract No. PS 2012-203 — TranSystems Corporation of Ohio, Inc. (O 839-14) ...... 1019 1102 July 23, 2014 The City Record 95

Exercise option to renew Contract No. PS 2012-211 — CHA Consultants, Inc. (O 840-14)...... 1020 Exercise option to renew Contract No. PS 2012-240 — Northland Research Corp. (O 841-14) ...... 1020 Exercise option to renew Contract No. PS 2012-253 — O.R. Colan Assoc., LLC. (O 842-14)...... 1020 IT assessment — prepare a five-year strategic plan — contracts — Safety Department (O 801-14) ...... 1055-1083 Rehab. of BKL Terminal Enhancement Program — public improvement contracts (O 848-14) ...... 1024 Rehab. of South Campus Area Development Project — public improvement contract — Port Control (Ward 17) (O 735-14) ...... 1053-1079 SCADA and PCCS Systems — contracts — Utilities Department (O 796-14) ...... 1054-1081

Public Improvements

East Side Market and parking lot — rehabilitation, repair and renovate — Works Department (O 622-14) ...... 1052-1074 Rehab. of BKL Terminal Enhancement Program — contracts — professional services (O 848-14) ...... 1024 Rehab. of South Campus Area Development Project — contract — professional service — Port Control (Ward 17) (O 735-14) ...... 1053-1079

Public Works

2016 Republican National Convention in Cleveland — agreement — Cleveland 2016 Host Committee, Inc. (O 880-14) ...... 1042-1090 Capital Maintenance and Repair of City Facilities, labor and materials for — enact Section 131.67 (O 855-14) ...... 1026 Deeds of easement — Cleveland Electric Illuminating Company — Greater Cleveland Regional Transit Authority (RTA) — Ambler Park (O 851-14) ...... 1025 East Side Market and parking lot — rehabilitation, repair and renovate (O 622-14) ...... 1052-1074 Grant permanent and temporary easements to Cuyahoga County — East 49th St. Bridge (O 844-14) ...... 1021 Lease — Oxbow Building located at Riverbed St., 1283 — Downtown Cleveland Alliance (O 847-14) ...... 1023 Loew Park Ball Diamond Improvements — Contract: #PI20140000000016 — F. Buddie Contracting, LTD. — (Statement of Final Acceptance) (F 902-14)...... 1012 Nottingham Rd., 19218 — PPN 116-34-027 — construct a new entryway to R.J. Taylor Park (Ward 10) (O 728-14) ...... 1053-1078 Temporary and seasonal personnel — employ temporary employment agencies — Project Clean program — Finance Department — Human Resources Department (O 805-14) ...... 1055-1084 Vehicles and off- road equipment (O 744-14) ...... 1054-1080

Purchases And Supplies Division

Nottingham Rd., 19218 — PPN 116-34-027 — construct a new entryway to R.J. Taylor Park — Works Department (Ward 10) (O 728-14) ...... 1053-1078

Recognition

Ackerman, Lester (R 971-14) ...... 1012 Cleveland’s American Civil War Special History Event (R 972-14) ...... 1013 L.O.V.E. Ensemble Concert Choir (R 968-14) ...... 1012 Moore Counseling & Mediation Services, Inc. (R 970-14)...... 1012 Ukrainian American Veterans, Inc., Post 24 (67th Annual Convention) (R 973-14)...... 1013 Williams — Rand Family Reunion (R 969-14) ...... 1012

Regional Transit Authority (RTA)

Public Works — deeds of easement — Cleveland Electric Illuminating Company — Ambler Park (O 851-14) ...... 1025

Resolution of Support

Supporting the Alliance for a Healthier Generation Healthy Schools Program (R 935-14) ...... 1051-1069 Trap-Neuter-Return and Return to Field Community Cat city services (R 892-14) ...... 1036

Resolutions — Miscellaneous

Trap-Neuter-Return and Return to Field Community Cat city services (R 892-14) ...... 1036

Safety Department

2016 Republican National Convention in Cleveland — agreement — Cleveland 2016 Host Committee, Inc. (O 880-14) ...... 1042-1090 Chester Ave., 4501 — Midtown Police Station and other police facilities — contracts — various types of furniture (O 802-14) ...... 1055-1083 Deed of easement — Cleveland Electric Illuminating Company — East 101st St., 1935 — Fire Station No. 10 (Ward 07) (O 852-14)...... 1025 Enact Sections 627.01 to 627.27 and 628.01 to 628.10 and 628.99 — weapons and gun offender registry (O 931-14) ...... 1027 1103 96 The City Record July 23, 2014

Increase Impounding and Towing Fees — amend Section 405.06 (O 857-14) ...... 1027 IT assessment — prepare a five-year strategic plan — professional service contracts (O 801-14) ...... 1055-1083 Ohio Drug Law Enforcement Fund Grant (FY 2014) — Ohio Office of Criminal Justice (O 800-14)...... 1055-1082 Ohio Drug Use Prevention Program, 2013-14 — Ohio Attorney General — Grants (O 798-14) ...... 1054-1082

Salaries

State of Ohio

Canal Road Bridge removal and replacement — consent — Capital Projects Office — Ohio Department of Transportation (ODOT) (O 843-14) ...... 1020 Medicaid Administrative Claiming (MAC) Program — contracts — receive reimbursement — amend Section 141.38 — Health Department (O 854-14) ...... 1036-1085

Statement of Work Acceptance

Loew Park Ball Diamond Improvements — Contract: #PI20140000000016 — F. Buddie Contracting, LTD. — Works Department (Statement of Final Acceptance) (F 902-14) ...... 1012

Street Vacation

Father Caruso Drive N.W., West 73rd St. and West 74th St. — intention to vacate a portion — Capital Projects Office — City Planning Commission (Ward 15) (R 837-14) ...... 1036 Keene Court S.W. — intention to vacate a portion — Capital Projects Office — City Planning Commission (Ward 03) (R 625-14) ...... 1057-1062 Luke Road S.E. — vacate a portion — Capital Projects Office — City Planning Commission (Ward 04) (O 678-14) ...... 1053-1077 Mulberry Street N.W. — vacate a portion — Capital Projects Office — City Planning Commission (Ward 03) (O 679-14)...... 1053-1077 Triskett Court N.W. — vacate a portion — Capital Projects Office — City Planning Commission (Ward 17) (O 680-14) ...... 1053-1077 West 20th St. — intention to vacate a portion — Capital Projects Office — City Planning Commission (Ward 03) (R 1415-13) ...... 1056-1062

Streets — Name

Fuller Ave. (between East 89th St. and East 93rd St.) — secondary and honorary designation — Elder Paul Carrington Way — Capital Projects Office — City Planning Commission (Ward 06) (O 865-14)...... 1041-1089

Utilities Department

BIG Wireless, LLC — professional services — contracts — Level 3 support and maintenance, hardware upgrades (O 831-14) ...... 1013 Debris disposal at landfills — Cleveland Public Power Division — Water Division — Water Pollution Control Division (O 849-14) ...... 1024 Interfleet, Inc. — contracts — automated vehicle locator system — Water Division (O 832-14) ...... 1014 PVC and FRE ductline materials — contracts (O 804-14)...... 1055-1084 SCADA and PCCS Systems — contracts (O 796-14) ...... 1054-1081 Valves, actuators, and appurtenances — contracts — Water Division (O 850-14) ...... 1024 Water pumps, transformers, electric motors and appurtenances — contracts — Water Division (O 803-14) ...... 1055-1083

Vehicles

Vehicles and off- road equipment — Works Department (O 744-14)...... 1054-1080

Ward 01

Crown Castle NG East Inc. — various locations — encroach into right-of-way — 23 nodes (distributed antenna systems) — Capital Projects Office — City Planning Commission (Ward(s) 02,03, 04, 11 and 16) (O 834-14) ...... 1017 Dixon, Pauline Salter — Congratulations (R 954-14)...... 1012 Hodge, Stafford Lee — Condolence (R 940-14) ...... 1012 Jackimowicz, Robert A. — Congratulations (R 947-14)...... 1012 1104 July 23, 2014 The City Record 97

Ward 02

Aiming Higher After-school Program — Coach Sam’s Inner Circle Foundation — agreement — Community Development (Ward 02 CRF) (O 894-14) ...... 1044-1092 Crown Castle NG East Inc. — various locations — encroach into right-of-way — 23 nodes (distributed antenna systems) — Capital Projects Office — City Planning Commission (Ward(s) 01, 03, 04, 11 and 16) (O 834-14) ...... 1017 Jackimowicz, Robert A. — Congratulations (R 947-14)...... 1012 Lung Cancer Screening and Prevention Program — agreement — Health Department — Case Western Reserve University School (Ward 02 NCF) (O 882-14) ...... 1044-1092 Neighborhood Technology Center Program — computer training — Community Development Department — Fairfax Renaissance Development Corporation (Ward(s) 02 and 06 CRF) (O 864-14) ...... 1041-1089 Turner, Rev. Robert James — Congratulations (R 967-14) ...... 1012

Ward 03

Archives Apartments — Franklin Blvd., 2845 — residential development for young adults with development disabilities — Welcome House, Inc. — OHFA (F 934-14) ...... 1011 Bobgan, Raymond — Congratulations (R 962-14) ...... 1012 Bridge Ave., 3000 N.W. — encroach into right-of-way — entry-area ADA ramp and stair — WSCH, LLC — Capital Projects Office — City Planning Commission (O 836-14) ...... 1019 Busta, William — Congratulations (R 963-14) ...... 1012 Cerveny, Kathleen — Congratulations (R 958-14) ...... 1012 Cleveland’s American Civil War Special History Event — Recognition (R 972-14) ...... 1013 Club Alma Yaucana — 25th Annual Coffee Festival — Congratulations (R 964-14) ...... 1012 Comeau-Hart, Judy — Appreciation (R 975-14)...... 1013 Crown Castle NG East Inc. — various locations — encroach into right-of-way — 23 nodes (distributed antenna systems) — Capital Projects Office — City Planning Commission (Ward(s) 01, 02, 04, 11 and 16) (O 834-14) ...... 1017 Crown Castle NG East Inc. — various locations — enroach into right-of-way — nodes and duct banks — amend 894-12 — Capital Projects Office — City Planning Commission (Ward(s) 05, and 07) (O 833-14) ...... 1014 East 9th St. — Sidewalk easement — Geis Tower Hotel Master Landlord LLC — Capital Projects (O 628-14) ...... 1052-1075 East 9th St., Superior Ave., and Walnut Ave. — encroach into right-of-way — permanent streetscape improvements — K & D Management LLC — Capital Projects Office — City Planning Commission (O 835-14) ...... 1018 Economic Development — amend Contract No. CT 9501 — LA 2011-66 — West 25th Street Lofts, LLC, (O 893-14) ...... 1044-1092 Epstein, Deena Mirow — Congratulations (R 957-14) ...... 1012 Euclid Ave., 530 — Economic Development transfer — liquor permit (F 921-14) ...... 1012 Jackimowicz, Robert A. — Congratulations (R 947-14)...... 1012 Joyce, Daniel P. — Congratulations (R 951-14)...... 1012 Kasumi — Congratulations (R 956-14) ...... 1012 Keene Court S.W. — intention to vacate a portion — Capital Projects Office — City Planning Commission (R 625-14) ...... 1057-1062 Lakeside Ave., 3232 — withdraw objection to transfer of ownership — repeal Res. 284-14 — liquor permit (R 873-14) ...... 1046-1064 Lorain Ave., 4133 — objection to transfer of location — liquor permit (R 874-14) ...... 1046-1064 Lorain Ave., 4506 — transfer of ownership application — liquor permit (F 925-14)...... 1012 Main St., 1231 — transfer of ownership application — liquor permit (F 903-14) ...... 1012 Mayen, Valerie — Congratulations (R 961-14) ...... 1012 Merwin St., 1785 — new application — liquor permit (F 928-14) ...... 1012 Mulberry Street N.W. — vacate a portion — Capital Projects Office — City Planning Commission (O 679-14) ...... 1053-1077 Myers, Richard — Congratulations (R 959-14) ...... 1012 Old River Rd., 1204 (Mezzanine and Patio) — withdraw objection to renewal — repeal Res. 914-13 — liquor permit (R 876-14) ...... 1047-1065 Ontario St., 2033 — objection to issuance — liquor permit (R 883-14)...... 1048-1066 Prospect Ave., 627 — objection to transfer of ownership — liquor permit (R 891-14) ...... 1051-1069 Prospect Ave., 627 — transfer of ownership application — liquor permit (F 915-14) ...... 1012 Prospect Ave., E., 509 — Economic Development transfer — liquor permit (F 916-14) ...... 1012 Public Works — lease — Oxbow Building located at Riverbed St., 1283 — Downtown Cleveland Alliance (O 847-14) ...... 1023 Ricca, Brad — Congratulations (R 960-14)...... 1012 Roberto Ocasio Day — Commemoration (R 978-14) ...... 1013 Rockwell Ave., 2232 — withdraw objection to renewal — repeal Res. 918-13 — liquor permit (R 877-14)...... 1047-1065 Smoking Ban — include alternative nicotine products and electronic cigarettes — City Property — amend Section 235 (O 695-14) ...... 1053-1078 Supporting the Alliance for a Healthier Generation Healthy Schools Program (R 935-14) ...... 1051-1069 Ukrainian American Veterans, Inc., Post 24 (67th Annual Convention) — Recognition (R 973-14) ...... 1013 W. 11th St. (south of Kenilworth Ave.) — change Use District — City Planning Commission (O 630-14) ...... 1056-1075 Wagner Awning Company Building (also known as the Cleveland-Akron Bag Company Factory) — Scranton Rd., 2658 — PPN 008-01-061 — designate as landmark — City Planning Commission — Landmark Commission (O 811-14) ...... 1055-1084 1105 98 The City Record July 23, 2014

West 14th St., 3074 — withdraw objection to renewal — repeal Res. 922-13 — liquor permit (R 879-14)...... 1047-1066 West 20th St. — intention to vacate a portion — Capital Projects Office — City Planning Commission (R 1415-13) ...... 1056-1062 West 6th St., 1275 — transfer of ownership application — liquor permit (F 919-14) ...... 1012 West 6th St., 1276 (patio, 1st. and 2nd floors & bsmt.) — objection to transfer of ownership — liquor permit (R 936-14) ...... 1051-1070 Wobser, Eric — Appreciation (R 974-14) ...... 1013 Young, Pamela — Congratulations (R 955-14) ...... 1012

Ward 04

Crown Castle NG East Inc. — various locations — encroach into right-of-way — 23 nodes (distributed antenna systems) — Capital Projects Office — City Planning Commission (Ward(s) 01, 02,03, 11 and 16) (O 834-14) ...... 1017 Euclid Ave. and Prospect Ave. — encroach into right-of-way — 2 basement vaults, canopy and a canopy / marquee — NFII Cleveland, LLC — Capital Projects (O 617-14)...... 1052-1073 Jackimowicz, Robert A. — Congratulations (R 947-14)...... 1012 Luke Road S.E. — vacate a portion — Capital Projects Office — City Planning Commission (O 678-14) ...... 1053-1077

Ward 05

Crown Castle NG East Inc. — various locations — enroach into right-of-way — nodes and duct banks — amend 894-12 — Capital Projects Office — City Planning Commission (Ward(s) 03 and 07) (O 833-14) ...... 1014 Jackimowicz, Robert A. — Congratulations (R 947-14)...... 1012 Moore Counseling & Mediation Services, Inc. — Recognition (R 970-14) ...... 1012 Woodland Ave., 5611 — objection to transfer of location — liquor permit (R 881-14) ...... 1048-1066 Woodland Ave., 5611 — transfer of location application — liquor permit (F 906-14)...... 1012

Ward 06

Carnegie Ave., 10664 — Economic Development transfer — liquor permit (F 920-14) ...... 1012 Carrington, Elder Paul — Appreciation (R 976-14) ...... 1013 Cedar Ave., 8412 — new application — liquor permit (F 922-14) ...... 1012 Central Ave., 7902-04 — withdrawal objection to renewal — repeal Res. 935-13 — liquor permit (R 869-14) ...... 1045-1063 East 93rd St., 3230 — withdraw objection to renewal — repeal Res. 936-13 — liquor permit (R 870-14)...... 1045-1063 Fuller Ave. (between East 89th St. and East 93rd St.) — secondary and honorary designation — Elder Paul Carrington Way — Capital Projects Office — City Planning Commission (O 865-14) ...... 1041-1089 Hines, Maurice — Welcome (R 977-14) ...... 1013 Jackimowicz, Robert A. — Congratulations (R 947-14)...... 1012 Neighborhood Technology Center Program — computer training — Community Development Department — Fairfax Renaissance Development Corporation (Ward(s) 02 and 06 CRF) (O 864-14) ...... 1041-1089 Scott, Jimmy — Condolence (R 946-14) ...... 1012

Ward 07

Boze, Rev. Timothy D. — Congratulations (R 965-14) ...... 1012 Crown Castle NG East Inc. — various locations — encroach into right-of-way — nodes and duct banks — amend 894-12 — Capital Projects Office — City Planning Commission (Ward(s) 03 and 05) (O 833-14) ...... 1014 Hough Ave., 9306 — withdraw objection to renewal — repeal Res. 1057-13 — liquor permit (R 872-14)...... 1046-1064 Jackimowicz, Robert A. — Congratulations (R 947-14)...... 1012 Public Safety — deed of easement — Cleveland Electric Illuminating Company — East 101st St., 1935 — Fire Station No. 10 (O 852-14) ...... 1025 St. Clair Ave., 2205 — stock application — liquor permit (F 911-14) ...... 1012

Ward 08

Cleveland’s American Civil War Special History Event — Recognition (R 972-14) ...... 1013 Collinwood Athletic Complex Track — add honorary designation of Louis Slapnik Track — Capital Projects Office — City Planning Commission (Ward 10) (O 866-14) ...... 1041-1089 Comedy, Anita — Congratulations (R 966-14) ...... 1012 East 185th Street Planning Study — agreement — City Planning Commission — Northeast Shores Development Corporation (Ward 08 CRF) (O 867-14) ...... 1041-1090 Grovewood Ave., 17214 — new application — liquor permit (F 904-14) ...... 1012 Grovewood Ave., 17214 — objection to issuance — liquor permit (R 871-14)...... 1045-1064 Jackimowicz, Robert A. — Congratulations (R 947-14)...... 1012 Thompson, Jack — Congratulations (R 949-14) ...... 1012 Waterloo Rd., 15802 — new application — liquor permit (F 929-14) ...... 1012 1106 July 23, 2014 The City Record 99

Ward 09

Banks, Sr., Rev. Dr. Leroy and Banks, Beulah — Congratulations (R 952-14) ...... 1012 Bellflower Rd., 11038 — new application — liquor permit (F 926-14) ...... 1012 East 123rd St., 1163 — objection to renewal — liquor permit (R 861-14) ...... 1044-1062 Glenville Festival Committee — various locations — July 17 to August 16 — Glenville Heritage Festival — banners — Capital Projects Office (Ward 10) (O 862-14) ...... 1041-1089 Jackimowicz, Robert A. — Congratulations (R 947-14)...... 1012 Rowan, Rev. Dr. Stephen — Congratulations (R 953-14) ...... 1012

Ward 10

Collinwood Athletic Complex Track — add honorary designation of Louis Slapnik Track — Capital Projects Office — City Planning Commission (Ward 08) (O 866-14) ...... 1041-1089 Euclid Ave., 18029 — transfer of location application — liquor permit (F 927-14) ...... 1012 Euclid Ave., 18314 — Liquor Agency Contract — liquor permit (F 924-14) ...... 1012 Euclid Ave., 18314 — objection to Liquor Agency Contract — liquor permit (R 884-14) ...... 1048-1067 Euclid Ave., 18314 — transfer of location application — liquor permit (F 923-14) ...... 1012 Euclid Ave., 18314 (Unit D) — objection to transfer of liquor license — liquor permit (R 885-14) ...... 1049-1067 Gaines, Judge Clarence L. — Condolence (R 944-14) ...... 1012 Glenville Festival Committee — various locations — July 17 to August 16 — Glenville Heritage Festival — banners — Capital Projects Office (Ward 09) (O 862-14) ...... 1041-1089 Goodwin, Henrietta — Condolence (R 941-14)...... 1012 Jackimowicz, Robert A. — Congratulations (R 947-14)...... 1012 L.O.V.E. Ensemble Concert Choir — Recognition (R 968-14) ...... 1012 McIntyre, Bessie B. — Condolence (R 943-14) ...... 1012 Nottingham Rd., 19218 — PPN 116-34-027 — construct a new entryway to R.J. Taylor Park — Works Department (O 728-14) ...... 1053-1078 Scruggs, Irene — Condolence (R 942-14) ...... 1012 St. Clair Ave., 6201 — new application — liquor permit (F 908-14) ...... 1012 St. Clair Ave., 6201 — objection to issuance — liquor permit (R 886-14) ...... 1049-1067 Williams — Rand Family Reunion — Recognition (R 969-14)...... 1012

Ward 11

Bosworth Rd., 3655-57 — objection to renewal — liquor permit (R 887-14) ...... 1049-1068 Crown Castle NG East Inc. — various locations — encroach into right-of-way — 23 nodes (distributed antenna systems) — Capital Projects Office — City Planning Commission (Ward(s) 01, 02,03, 04, and 16) (O 834-14) ...... 1017 Denison Ave., 9401-03 (1st fl. and bsmt.) — objection to renewal — liquor permit (R 889-14) ...... 1050-1068 Eden Scattered Site Preservation Initiative Phase 1 — Parkhurst Ave., 11006 — residential rental development project — Emerald Development & Economic Network Inc. — OHFA (F 900-14) ...... 1011 Jackimowicz, Robert A. — Congratulations (R 947-14)...... 1012 Lorain Ave., 11619 (1st fl. and bsmt.) — objection to renewal — liquor permit (R 890-14)...... 1050-1068

Ward 12

East 71st St., 4061 (1st fl. and patios) — objection to renewal — liquor permit (R 888-14)...... 1050-1068 Ebersole, David — Congratulations (R 948-14)...... 1012 Harvard Ave., 7910 — objection to transfer of ownership — liquor permit (R 868-14) ...... 1044-1063 Harvard Ave., 7910 — transfer of ownership application — liquor permit (F 912-14) ...... 1012 Jackimowicz, Robert A. — Congratulations (R 947-14)...... 1012 W. Pearl Rd., 3855-57 — transfer of ownership application — liquor permit (F 909-14) ...... 1012 W. Pearl Rd., 3855-57 (1st fl. & bsmt.) — objection to transfer of ownership — liquor permit (R 878-14) ...... 1047-1065

Ward 13

Brookpark Rd., 3500 — transfer of ownership application — liquor permit (F 917-14) ...... 1012 Cunningham, William Alvin — Condolence (R 945-14) ...... 1012 Jackimowicz, Robert A. — Congratulations (R.947-14 Pearl Rd., 4370 — transfer of ownership application — liquor permit (F 907-14)...... 1012

Ward 14

Club Alma Yaucana — 25th Annual Coffee Festival — Congratulations (R 964-14) ...... 1012 Fulton Rd., 3357-59 — withdraw objection to renewal — repeal Res. 1165-13 — liquor permit (R 938-14)...... 1052-1070 Jackimowicz, Robert A. — Congratulations (R 947-14)...... 1012 West 25th St., 3194 (1st fl. and bsmt.) — withdraw objection to renewal — repeal Res. 1163-13 — liquor permit (R 937-14) ...... 1052-1070 1107 100 The City Record July 23, 2014

Ward 15

Community Development — Leases By Way of Concession — Detroit Shoreway Community Development Organization — Cleveland Public Theatre — Near West Theater, Inc. — maintaining and operating parking lots (O 846-14) ...... 1023 Detroit Ave., 6418 — new application — liquor permit (F 910-14) ...... 1012 Ebersole, David — Congratulations (R 948-14)...... 1012 Father Caruso Drive N.W., West 73rd St. and West 74th St. — intention to vacate a portion — Capital Projects Office — City Planning Commission (R 837-14) ...... 1036 Jackimowicz, Robert A. — Congratulations (R 947-14)...... 1012 Lake Ave., 8611 — stock application — liquor permit (F 913-14) ...... 1012 Lorain Ave., 7115-19 and West 73rd St. — withdraw objection to renewal — repeal Res. 1161-13 — liquor permit (R 875-14) ...... 1046-1065 Marks, Charles A. — Condolence (R 939-14) ...... 1012 West 117th St. (between Detroit Ave. and Madison Ave.) — establish Pedestrian Retail Overlay District (PRO) — City Planning Commission (O 400-14) ...... 1056-1072 West 117th St. (east side) and West 116th St. (south of Clifton Blvd. and along the railroad tracks) — change, Use, Area, and Height Districts — City Planning Commission (O 309-14) ...... 1055-1070

Ward 16

Baxter, Nancy Lynne — Congratulations (R 950-14) ...... 1012 Crown Castle NG East Inc. — various locations — encroach into right-of-way — 23 nodes (distributed antenna systems) — Capital Projects Office — City Planning Commission (Ward(s) 01, 02,03, 04, 11) (O 834-14) ...... 1017 Jackimowicz, Robert A. — Congratulations (R 947-14)...... 1012 Lakewood Heights Blvd., 13523 — transfer of location application — liquor permit (F 918-14) ...... 1012 West 130th St., 4200 — new application — liquor permit (F 905-14) ...... 1012 West 130th St., 4645 — stock application — liquor permit (F 914-14) ...... 1012 West 135th St. and Lorain Ave. (northeast corner) — change Use, Area and Height Districts — City Planning Commission (O 858-14) ...... 1034

Ward 17

Ackerman, Lester — Recognition (R 971-14)...... 1012 Jackimowicz, Robert A. — Congratulations (R 947-14)...... 1012 Rehab. of South Campus Area Development Project — public improvement contract — professional service — Port Control (O 735-14) ...... 1053-1079 Riverside Dr., 5300 — new application — liquor permit (F 930-14) ...... 1012 Triskett Court N.W. — vacate a portion — Capital Projects Office — City Planning Commission (O 680-14) ...... 1053-1077

Water Division

BIG Wireless, LLC — professional services — contracts — Level 3 support and maintenance, hardware upgrades (O 831-14) ...... 1013 Debris disposal at landfills — Cleveland Public Power Division — Utilities Department — Water Pollution Control Division (O 849-14)...... 1024 Interfleet, Inc. — contracts — automated vehicle locator system — Utilities Department (O 832-14) ...... 1014 SCADA and PCCS Systems — contracts — Utilities Department (O 796-14) ...... 1054-1081 Valves, actuators, and appurtenances — contracts — Utilities Department (O 850-14) ...... 1024 Water pumps, transformers, electric motors and appurtenances — contracts — Utilities Department (O 803-14) ...... 1055-1083

Water Pollution Control Division (WPC)

Debris disposal at landfills — Cleveland Public Power Division — Utilities Department — Water Division (O 849-14) ...... 1024 SCADA and PCCS Systems — contracts — Utilities Department (O 796-14) ...... 1054-1081

Welcome

Hines, Maurice (R 977-14) ...... 1013

Zoning

W. 11th St. (south of Kenilworth Ave.) — change Use District — City Planning Commission (Ward 03) (O 630-14) ...... 1056-1075 West 117th St. (between Detroit Ave. and Madison Ave.) — establish Pedestrian Retail Overlay District (PRO) — City Planning Commission (Ward 15) (O 400-14) ...... 1056-1072 West 117th St. (east side) and West 116th St. (south of Clifton Blvd. and along the railroad tracks) — change, Use, Area, and Height Districts — City Planning Commission (Ward 15) (O 309-14)...... 1055-1070 West 135th St. and Lorain Ave. (northeast corner) — change Use, Area and Height Districts — City Planning Commission (Ward 16) (O 858-14)...... 1034

1108