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

May the Eighth, Two Thousand and Thirteen

The City Record is available online at Frank G. Jackson www.clevelandcitycouncil.org Mayor Martin J. Sweeney President of Council Containing PAGE

Patricia J. Britt City Council 3 City Clerk, Clerk of Council The Calendar 30 Ward Name Board of Control 30 1 Terrell H. Pruitt Civil Service 36 2 Zachary Reed Board of Zoning Appeals 36 3 Joe Cimperman Board of Building Standards 4 Kenneth L. Johnson and Building Appeals 37 5 Phyllis E. Cleveland Public Notice 37 6 Mamie J. Mitchell Public Hearings 37 7 TJ Dow City of Cleveland Bids 38 8 Jeffrey D. Johnson Adopted Resolutions 9 Kevin Conwell and Ordinances 38 10 Eugene R. Miller Committee Meetings 56 11 Michael D. Polensek Index 56 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Brian J. Cummins 15 Matthew Zone 16 Jay Westbrook 17 Dona Brady 18 Martin J. Sweeney 19 Martin J. Keane

Printed on Recycled Paper DIRECTORY OF CITY OFFICIALS CITY COUNCIL – LEGISLATIVE DEPT. OF PUBLIC SAFETY – Martin Flask, Director, Room 230 President of Council – Martin J. Sweeney DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th Street Ward Name Residence Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd. 1 Terrell H. Pruitt ...... 16920 Throckley Avenue 44128 Emergency Medical Service – Edward Eckart, Commissioner, 1708 South Pointe Drive 2 Zachary Reed ...... 3734 East 149th Street 44120 Fire – Paul A. Stubbs, Chief, 1645 Superior Avenue 3 Joe Cimperman ...... P.O. Box 91688 44101 Police – Michael C. McGrath, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street 4 Kenneth L. Johnson...... 2948 Hampton Road 44120 DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director 5 Phyllis E. Cleveland...... 2369 East 36th Street 44105 DIVISIONS: 6 Mamie J. Mitchell...... 12701 Shaker Boulevard, #712 44120 Administrative Services – Jesus Rodriguez, Commissioner 7 TJ Dow...... 7715 Decker Avenue 44103 Fair Housing and Consumer Affairs Office – John Mahoney, Manager 8 Jeffrey D. Johnson ...... 9024 Parkgate Avenue 44108 Neighborhood Development –Chris Garland, Commissioner 9 Kevin Conwell ...... 10647 Ashbury Avenue 44106 Neighborhood Services – Louise V. Jackson, Commissioner 10 Eugene R. Miller ...... 13615 Kelso Avenue 44110 DEPT. OF BUILDING AND HOUSING – Edward W. Rybka, Director, Room 500 11 Michael D. Polensek...... 17855 Brian Avenue 44119 DIVISIONS: 12 Anthony Brancatelli ...... 6924 Ottawa Road 44105 Code Enforcement – Thomas E. Vanover, Commissioner 13 Kevin J. Kelley...... 5904 Parkridge Avenue 44144 Construction Permitting – Narid Hussain, Commissioner 14 Brian J. Cummins ...... 3104 Mapledale Avenue 44109 DEPT. OF HUMAN RESOURCES – Deborah Southerington, Director, Room 121 15 Matthew Zone ...... 1228 West 69th Street 44102 DEPT. OF ECONOMIC DEVELOPMENT – Tracey A. Nichols, Director, Room 210 16 Jay Westbrook...... 1278 West 103rd Street 44102 17 Dona Brady ...... 1272 West Boulevard 44102 DEPT. OF AGING – Jane Fumich, Director, Room 122 18 Martin J. Sweeney...... 3632 West 133rd Street 44111 COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director, Mayor Frank 19 Martin J. Keane...... 15907 Colletta Lane 44111 G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice-Chairman, Council City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840 Member Brian Cummins, Council Member Eugene R. Miller, Jeff Marks, (Board Lawyer), Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, Yasir Hamdallah, Evangeline MAYOR – Frank G. Jackson Hardaway, John O. Horton, Annie Key, Stephanie Morrison-Hrbek, Roland Muhammad, Ken Silliman, Secretary to the Mayor, Chief of Staff Gia Hoa Ryan, Ted C. Wammes, Peter Whitt. Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer CIVIL SERVICE COMMISSION – Room 119, Robert Bennett, President; Michael L. Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Nelson, Sr., Vice-President; Lucille Ambroz, Secretary; Members: Pastor Gregory Jordan, Chris Warren, Executive Assistant to the Mayor, Chief of Regional Development Michael Flickinger. Monyka S. Price, Executive Assistant to the Mayor, Chief of Education SINKING FUND COMMISSION Maureen Harper, Executive Assistant to the Mayor, Chief of Communications – Frank G. Jackson, President; Council President Martin J. Sweeney; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director. Andrea V. Taylor, Executive Assistant to the Mayor, Press Secretary Jenita McGowan, Executive Assistant to the Mayor, Chief of Sustainability BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; Natoya J. Walker Minor, Chief of Public Affairs — Interim Director of Equal Opportunity. Mary Haas McGraw, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, Jan Huber, Secretary. OFFICE OF CAPITAL PROJECTS – Jomarie Wasik, Director BOARD OF BUILDING STANDARDS AND BUILDING APPEALS DIVISIONS: – Room 516, Joseph F. Denk, Chairman; Howard Bradley, Patrick M. Gallagher, Robert Maschke, Halim Architecture and Site Development – Robert Vilkas, Chief Architect, Manager M. Saab, P.E., Alternate Members – D. Cox, P. Frank, E. P. O’Brien, Richard Pace, J.F. Engineering and Construction — Richard J. Switalski, Manager Sullivan. Real Estate — James DeRosa, Commissioner BOARD OF REVISION OF ASSESSMENTS – Law Director Barbara A. Langhenry, DEPT. OF LAW – Barbara A. Langhenry, Director, ______, Chief Counsel, President; Finance Director Sharon Dumas, Secretary; Council President Martin J. Richard F. Horvath, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel, Sweeney. Room 106: John Skrtic, Law Librarian, Room 100 BOARD OF SIDEWALK APPEALS – Service Director Jomarie Wasik, Law Director Barbara A. Langhenry; Council Member Eugene R. Miller. DEPT. OF FINANCE – Sharon Dumas, Director, Room 104; Frank Badalamenti, Manager, Internal Audit BOARD OF REVIEW – (Municipal Income Tax) – Law Director Barbara A. Langhenry; DIVISIONS: Utilities Director Barry A. Withers; Council President Martin J. Sweeney. Accounts – Lonya Moss Walker, Commissioner, Room 19 CITY PLANNING COMMISSION – Room 501 – Robert N. Brown, Director; Anthony J. Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 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 – James E. Hardy, 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; DEPT. OF PUBLIC UTILITIES – Barry A. Withers, Director, 1201 Lakeside Avenue Clint Martin, Mark Rivera. DIVISIONS: MORAL CLAIMS COMMISSION – Law Director Barbara A. Langhenry; Chairman; Cleveland Public Power – Ivan Henderson, Commissioner Finance Director Sharon Dumas; Council President Martin J. Sweeney; Councilman Street Lighting Bureau – ______, Acting Chief Kevin Kelley. Utilities Fiscal Control – Dennis Nichols, Commissioner 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, Council Member Anthony Brancatelli, Robert N. Brown, Thomas Coffey, International Airport, 5300 Riverside Drive Allan Dreyer, William Mason, Michael Rastatter, Jr., John Torres, N. Kurt Wiebusch, Robert DIVISIONS: Keiser, Secretary. Burke Lakefront Airport – Khalid Bahhur, Commissioner AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane Cleveland Hopkins International Airport – Fred Szabo, Commissioner Down ing, Donna Sciarappa, Council President Martin J. Sweeney; Law Director Barbara DEPT. OF PUBLIC WORKS – Michael Cox, Director A. Langhenry. OFFICES: CLEVELAND MUNICIPAL COURT Administration – John Laird, Manager JUSTICE CENTER – 1200 ONTARIO STREET Special Events and Marketing – Tangee Johnson, Manager JUDGE COURTROOM ASSIGNMENTS DIVISIONS: Judge Courtroom Motor Vehicle Maintenance – Daniel A. Novak, Commissioner Presiding and Administrative Judge Ronald B. Adrine – Courtroom 15A Park Maintenance and Properties – Richard L. Silva, Commissioner Judge Pinkey S. Carr – Courtroom 12B Parking Facilities – Antionette Thompson, Interim Commissioner Judge Marilyn B. Cassidy – Courtroom 13A Property Management – Tom Nagle, Commissioner Judge Michelle Denise Earley – Courtroom 12C Recreation – Samuel Gissentaner, Interim Commissioner Judge Emanuella Groves – Courtroom 14B Judge Anita Laster Mays – Courtroom 14C Streets – ______, Commissioner Judge Lauren C. Moore – Courtroom 14A Traffic Engineering – Robert Mavec, Commissioner Judge Charles L. Patton, Jr. – Courtroom 13D Waste Collection and Disposal – Randell T. Scott, Interim Commissioner Judge Raymond L. Pianka (Housing Court Judge) – Courtroom 13B DEPT. OF PUBLIC HEALTH – Karen Butler, Director, Mural Building, 75 Erieview Judge Angela R. Stokes – Courtroom 15C Plaza Judge Pauline H. Tarver – Courtroom 13C 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 – Pamela Cross, Commissioner, Mural Building, 75 Erieview Plaza – Acting Bailiff; Jerome M. Krakowski – Chief Probation Officer, Gregory F. Clifford – Chief Health – Karen K. Butler, Commissioner, Mural Building, 75 Erieview Plaza Magistrate, Victor Perez – City Prosecutor The City Record

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 100 WEDNESDAY, MAY 8, 2013 No. 5187 CITY COUNCIL MONDAY MAY 6, 2013

The City Record WEDNESDAY — Alternating MOTION Published weekly by the City Clerk, Clerk of Council under authority 1:30 P.M. — Public Utilities Com- On the motion of Council Member of the Charter of the mittee: Pruitt, Chair; Brady, Vice Brady, the reading of the minutes of City of Cleveland Chair; Conwell, Cummins, Dow, Kel- the last meeting was dispensed with The City Record is available ley, Mil ler, Polensek, Westbrook. and the journal approved. Seconded by Council Member Miller. online at 1:30 P.M. — City Planning Com- www.clevelandcitycouncil.org mittee: Cleveland, Chair; Westbrook, COMMUNICATIONS Address all communications to Vice Chair; Brady, Conwell, Dow, Keane, Zone. PATRICIA J. BRITT File No. 697-13. City Clerk, Clerk of Council The following Committees are From Michael Cox, Director of 216 City Hall subject to the Call of the Chair: Department of Public Works, City of Cleveland — Notification of accep- Rules Committee: Sweeney, Chair; tance of a grant from the Vivian PERMANENT SCHEDULE Cleveland, Keane, Polensek, Pruitt. STANDING COMMITTEES Ruth Barnes-Major Family Founda- Personnel and Operations Commit- tion Fund of the Cleveland Founda- OF THE COUNCIL tee: Westbrook, Chair; Conwell, K. tion. Received. 2010-2013 Johnson, Kelley, Mitchell, Sweeney, Zone. FROM OHIO DIVISION OF MONDAY — Alternating LIQUOR CONTROL Mayor’s Appointment Committee: 9:30 A.M. — Public Parks, Proper- Dow, Chair; Cleveland, Kelley, Mil - File No. 698-13. ties, and Recreation Committee: K. ler, Sweeney. RE: #4590264 D3A — New License Johnson, Chair; Conwell, Vice Chair; Sustainability Sub-Committee: Zone, Application — Ken Stewart Flats Brancatelli, Cimperman, Dow, Polen- LLC, 1121 West 10th Street. (Ward sek. Chair; Westbrook, Vice Chair; Cum- 9:30 A.M. — Health and Human mins. 3). Received. Services Committee: Cimperman, Chair; J. Johnson, Vice Chair; Con- File No. 699-13. well, Keane, Kelley, Polensek. OFFICIAL PROCEEDINGS RE: #1170580 C1 C2 — Transfer 11:00 A.M. — Public Service Com- CITY COUNCIL License Application — CLE Shops LLC, 950 Main Avenue. (Ward 3). mittee: Miller, Chair; Cummins, Vice ______Chair; Cleveland, Dow, K. Johnson, Received. Keane, Polensek, Pruitt, Sweeney. Cleveland, Ohio 11:00 A.M. — Legislation Commit- Monday, May 6, 2013 CONDOLENCE RESOLUTIONS tee: Mitchell, Chair; K. Johnson, The meeting of the Council was Vice Chair; Brancatelli, Cimperman, called to order with Majority Leader The rules were suspended and the Cleveland, Sweeney. of Council, Phyllis E. Cleveland, in following Resolutions were adopted the Chair. by a rising vote: MONDAY Council Members present: Dona Brady, Anthony Brancatelli, Joe Res. No. 712-13—Gilbert Ronald 2:00 P.M. — Finance Committee: Cimperman, Phyllis E. Cleveland, Walker. Kelley, Chair; Sweeney, Vice Chair; Kevin Conwell, Brian J. Cummins, Res. No. 713-13—Beatrice (Bea) Brady, Brancatelli, Cleveland, Keane, TJ Dow, Jeffrey D. Johnson, Ken- Johnson. Miller, Mitchell, Pruitt, Westbrook, neth L. Johnson, Martin J. Keane, Res. No. 714-13—Hurai McGhee Zone. Kevin J. Kelley, Eugene R. Miller, Banks. Mamie J. Mitchell, Michael D. Res. No. 715-13—Annie B. Johnson. TUESDAY Polensek, Terrell H. Pruitt, Zack Res. No. 723-13—Ellis Johnson, Sr. Reed, Jay Westbrook and Matthew 9:30 A.M. — Community and Eco- Zone. CONGRATULATIONS RESOLUTIONS nomic Development Committee: Bran - Also present were: Mayor Frank catelli, Chair; Dow, Vice Chair; Cim- G. Jackson, Chief of Staff Ken Sil- The rules were suspended and the perman, Cummins, J. Johnson, Miller, liman, Chief Operating Officer Dar- following Resolutions were adopted Pruitt, Westbrook, Zone. nell Brown, Chief of Government without objection: 1:30 P.M. — Employment, Affir- Affairs Valarie J. McCall, Chief of mative Action and Training Com- Communications Maureen Harper, Res. No. 716-13—Fred Szabo. mittee: Zone, Chair; Pruitt, Vice Chief of Sustainability Jenita Res. No. 717-13—Sandra Lee Flow- Chair; Cummins, J. Johnson, K. McGowan, Chief of Public Affairs Johnson, Mitchell, Westbrook. Natoya Walker-Minor, and Directors ers. Langhenry, Dumas, Bender, Smith, Res. No. 718-13—The O’Jays — WEDNESDAY — Alternating Wasik, Butler, Flask, Cox, Rush, 50th Anniversary. Rybka, Southerington, Nichols, Res. No. 719-13—Alma Smith. 10:00 A.M. — Aviation and Trans- Fumich, and Ambroz. Res. No. 720-13—Corporate College portation Committee: Keane, Chair; (a Division of Cuyahoga Communi- Pruitt, Vice Chair; Cummins, J. John- Pursuant to Ordinance No. 2926-76, ty College). son, K. Johnson, Kelley, Mitchell. the opening prayer was offered by Res. No. 721-13—Mental Health 10:00 A.M. — Public Safety Com- Rev. Pamela Pinkney, Pastor of No Services — 25th Anniversary. mittee: Conwell, Chair; Polensek, Fear But God Fellowship Assembly, Res. No. 722-13—Third Federal Vice Chair; Brady, Cleveland, Cum- Cleveland, Ohio. Pledge of Alle- Savings and Loan — 75th Anniver- mins, Dow, Miller, Mitchell, Zone. giance. sary. 753 4 The City Record May 8, 2013

FIRST READING EMERGENCY interest component, the maximum Section 4. That it is hereby found ORDINANCES REFERRED interest rate for the interest compo- and determined that all formal nent does not exceed seven percent actions of this Council concerning Ord. No. 646-13. (7%) per annum, (V) the obligations and relating to the passage of this By Council Members Miller and Kel- of the City under that lease-purchase Ordinance where adopted in open ley (by departmental request). arrangement for fiscal years begin- meetings of this Council, and any of An emergency ordinance authoriz- ning after December 31, 2013 are sub- its committees that resulted in such ing and directing the purchase, ject to annual appropriations being formal action were in meetings open lease or lease to purchase by made by the City sufficient to pay the to the public in compliance with the requirements contract of various lease payments and to meet the other law. types of vehicles and apparatus for obligations of the City under that Section 5. That under Section 108(b) various Divisions in the Depart- lease-purchase arrangement in each of the Charter, the purchases autho- ments of Public Works and Public of these fiscal years, and (VI) the rized by this ordinance may be made Safety, among others. obligations of the City thereunder for through cooperative arrangements Whereas, this ordinance consti- the current fiscal year do not exceed with other governmental agencies. tutes an emergency measure provid- $800,000, which amount is hereby The Director of Finance may sign all ing for the usual daily operation of appropriated for that purpose. The documents that are necessary to a municipal department; now, there- Director of Finance is authorized and make the purchases, and may enter fore, directed to sign and deliver, for and into one or more contracts with the Be it ordained by the Council of on behalf of the City and in the Direc- vendors selected through that cooper- the City of Cleveland: tor’s official capacity, such written ative process. Section 1. That the Director of agreements, certificates and instru- Section 6. That this ordinance is Public Works is hereby authorized ments as may be necessary or appro- hereby declared to be an emergency and directed to make a written priate in order to provide for that measure and, provided it receives the requirements contract in accordance lease-purchase arrangement under affirmative vote of two-thirds of all with the Charter and the Codified the terms and conditions authorized the members elected to Council, it Ordinances of Cleveland, Ohio, 1976, herein and containing such addition- shall take effect and be in force imme- for the requirements for the period al terms and conditions as are accept- diately upon its passage and approval of one year for the necessary items able to the Director of Finance and by the Mayor; otherwise it shall take of various types of vehicles and the Director of Law. Those agree- effect and be in force from and after ments may include a lease-purchase the earliest period allowed by law. apparatus described in the Vehicle agreement, an escrow agreement for Referred to Directors of Public List placed in File No. 646-13-A, or the deposit by the lessor of the pur- Works, Finance, Law; Committees on such other vehicle or apparatus in chase price of the vehicles and appa- Public Service, Finance. substitution thereof as may be ratus, acceptance certificates evi- approved by the Directors of Public dencing the City’s acceptance of the Ord. No. 647-13. Works and Finance as replacement vehicles from the vendors, and certifi- By Council Members J. Johnson, vehicles or apparatus, in the esti- cates as to insurance, tax compliance Miller and Kelley (by departmental mated sum of $6,500,000, to be pur- and related matters necessary to request). chased, leased or leased to purchase carry out the transaction. The lease- An emergency ordinance authoriz- by the Commissioner of Purchases purchase arrangement may provide ing the Director of Public Works to and Supplies upon a unit basis for that the lease payments are to have a accept a cash gift from the Cory various Divisions in the Depart- principal component and an interest Methodist Church to be used solely ments of Public Works and Public component and that the interest com- for the replacement of the boiler at Safety, among others. Bids shall be ponent is to be excluded from gross the Cory Methodist Church. taken in such manner as to permit income for federal income tax purpos- Whereas, under Ordinance No. 974- an award to be made for all items es. In that event, the Director of 75, passed May 19, 1975, as amend- as a single contract, or by separate Finance and other City officials, as ed, this Council authorized the contract for each or any combina- appropriate, are authorized to Director of Public Works to enter tion of said items as the Board of covenant on behalf of the City that into a lease agreement, as amended, Control shall determine. Alternate (A) the City will use and will restrict with Cory Methodist Church bids for a period less than a year the use of the vehicles and apparatus (“Church”) for the use of the may be taken if deemed desirable leased by the City under the lease-pur- church’s recreation center as a by the Commissioner of Purchases chase agreement and will use, and recreation site for City residents; and Supplies until provision is made will restrict the investment of, any and for a requirements contract for the proceeds of the lease-purchase agree- Whereas, the boiler at the Church entire year. ment in such manner and to such needs to be replaced and it also Section 2. The cost of said contract extent as may be necessary so that serves the recreation center area of or contracts shall be charged against the lease-purchase agreement will the Church; and the proper appropriation accounts not constitute a private activity bond, Whereas, the Church has agreed and the Director of Finance shall cer- an arbitrage bond or a hedge bond to assist with the cost of replacing tify the amount of any purchase or under the Internal Revenue Code of the boiler by remitting to the City procurement under the contract, each 1986, as amended (the “Code”), or be insurance proceeds the Church has of which purchases or procurement treated other than as an obligation to received under its policy to partial- shall be made on order of the Commis- which Section 103(a) of the Code ly finance its replacement; and sioner of Purchases and Supplies applies, and (B) the City will take or Whereas, this ordinance consti- under a delivery order against the cause to be taken such actions that tutes an emergency measure provid- contract or contracts certified by the may be required of it for the interest ing for the usual daily operation of Director of Finance. component of the lease payments to a municipal department; now, there- Section 3. That the City may enter be and to remain excluded from gross fore, into a lease-purchase arrangement income for federal income tax purpos- Be it ordained by the Council of for the vehicles and apparatus with a es and the City will not take or autho- the City of Cleveland: bank, leasing company or any other rize to be taken any actions that Section 1. The Director of Public organization that is not the manufac- would adversely affect that exclu- Works is authorized to accept, on turer or vendor of the vehicles or sion. In the event that the City enters behalf of the Division of Recreation, apparatus that submitted a bid for the into such a lease-purchase arrange- cash in the amount of $23,888 from sale, lease or lease to purchase ment, the Director of Public Works the Church to be used solely for the described in Section 1 of this ordi- may assign to the lessor under the replacement of the boiler at the nance, provided that: (I) the Director lease-purchase arrangement, or the Church. of Finance determines that it is in the lessor’s designee, the rights of the Section 2. That the Director of Pub- best interest of the City to enter into City under the contracts for purchase lic Works is authorized to file all that lease-purchase arrangement, of the vehicles and apparatus autho- papers and execute all documents (II) the maximum term of any lease- rized in Section 1 of this ordinance. necessary to receive the funds under purchase arrangement does not The Director of Law, Clerk of Council this gift, and that the funds are appro- exceed ten (10) years, (III) the aggre- and other appropriate officials of the priated for the replacement of the gate principal obligation of the City City are authorized to sign and deliv- boiler at the Church, and deposited under the lease-purchase arrange- er any documents, certificates and into Fund No. 20 SF 814. ment does not exceed $6,900,000, (IV) other instruments as the Director of Section 3. That this ordinance is if the lease-purchase arrangement Law determines are necessary and declared to be an emergency measure provides that the lease payments are appropriate to carry out the transac- and, provided it receives the affirma- to have a principal component and an tions authorized by this ordinance. tive vote of two-thirds of all the mem- 754 May 8, 2013 The City Record 5 bers elected to Council, it shall take The selection of the consultants for and construct the Improvement . The effect and be in force immediately the services shall be made by the Director is authorized to file all upon its passage and approval by the Board of Control on the nomination of papers and execute all documents Mayor; otherwise it shall take effect the Director of Capital Projects from necessary to receive the funds under and be in force from and after the ear- a list of qualified consultants avail- the agreements and that the funds are liest period allowed by law. able for employment as may be deter- appropriated for the purposes Referred to Directors of Public mined after a full and complete can- described in this ordinance. Works, Finance, Law; Committees on vass by the Director of Capital Pro- Section 12. That the Director of Cap- Public Service, Finance. jects for the purpose of compiling a ital Projects is authorized to enter list. The compensation to be paid for into any agreements necessary to Ord. No. 648-13. the services shall be fixed by the implement the Improvement. By Council Members Brady, Board of Control. The contract or con- Section 13. That the cost of the con- Sweeney, Keane, Miller, Cleveland tracts shall be prepared by the Direc- tracts, payments, property acquisi- and Kelley (by departmental tor of Law, approved by the Director tion, cash matches, and other expen- request). of Capital Projects and certified by ditures authorized shall be paid from An emergency ordinance authoriz- the Director of Finance. Fund No. 52 SF 001, the fund or funds ing the Mayor to accept a grant Section 5. That, under Section 167 of to which are credited any grant pro- from the Ohio Public Works Com- the Charter of the City of Cleveland, ceeds accepted under this ordinance, mission for reconstructing Lorain this Council determines to make the any federal funds, the fund or funds Avenue from West 150th Street to public improvement as described in to which are credited the proceeds of West 117th Street; determining the this ordinance, for the Office of Capi- the sale of the bonds authorized by method of making the public tal Projects, by one or more contracts Ordinance No. 580-13, passed April 22, improvement; authorizing the Direc- duly let to the lowest responsible bid- 2013, cash matches, and cash contri- tor of Capital Projects to enter into der or bidders after competitive bid- butions accepted and appropriated one or more public improvement con- ding on a unit basis for the Improve- under this ordinance, and any other tracts, contracts with consultants, ment. funds appropriated for this purpose and agreements with public and pri- Section 6. That, provided the City with the approval of the Director of vate entities; authorizing a Local sells the bonds authorized by Ordi- Finance. Project Administration agreement nance No. 580-13, passed April 22, 2013, Section 14. That this ordinane is with the Ohio Department of Trans- the Director of Capital Projects is declared to be an emergency measure portation; apply for and accept any authorized to enter into one or more and, provided it receives the affirma- federal funds; and authorizing the contracts for the making of the public tive vote of two-thirds of all the mem- Commissioner of Purchases and Sup- improvement with the lowest respon- bers elected to Council, it shall take plies to acquire, accept, and record sible bidder or bidders after competi- effect and be in force immediately for right-of-way purposes any real tive bidding on a unit basis for the upon its passage and approval by the property and easements necessary to Improvement, provided, however, Mayor; otherwise it shall take effect make the improvement. that each separate trade and each dis- and be in force from and after the ear- Whereas, this ordinance consti- tinct component part of the Improve- liest period allowed by law. tutes an emergency measure provid- ment may be treated as a separate Referred to Directors of Capital ing for the usual daily operation of improvement, and each, or any combi- Projects, City Planning Commission, a municipal department; now, there- nation, of the trades or components Finance, Law; Committees on Public fore, may be the subject of a separate con- Service, City Planning, Finance. Be it ordained by the Council of tract on a unit basis. the City of Cleveland: Section 7. That the Director of Capi- Ord. No. 649-13. Section 1. That the Mayor is tal Projects is authorized to accept By Council Members Mitchell, Con- authorized to accept a grant in the cash contributions from public or pri- well, Miller, Cleveland and Kelley (by approximate amount up to $6,545,956, vate entities, NEORSD, and GCRTA departmental request). from the Ohio Public Works Com- for infrastructure restoration costs An emergency ordinance authoriz- mission, acting by and through its associated with relocating, rehabili- ing the Mayor to accept a grant Director to finance the public tating or reconstructing utility infra- from the Ohio Public Works Com- improvement of reconstructing structure for the Improvement and mission for reconstructing Martin Lorain Avenue from West 150th costs associated with implementing Luther King Jr. Blvd. from Buck- Street to West 117th Street (the green infrastructure features to ingham to Cedar Avenue; determin- “Improvement”); that the Mayor is address combined sewer overflows. ing the method of making the pub- authorized to file all papers and That the Director of Capital Projects lic improvement; authorizing the execute all documents necessary to is authorized to enter into agreements Director of Capital Projects to enter receive the funds under the grant; with the entities for this purpose. into one or more public improvement Section 8. That the Director of Capi- contracts, contracts with consul- and that the funds are appropriated tal Projects is authorized to enter into tants, and agreements with public for the purposes described in this one or more agreements with private and private entities; and authorizing ordinance. utility companies to pay charges for the Commissioner of Purchases and Section 2. That the Director of Capi- the installation of underground lines Supplies to acquire, accept, and tal Projects is authorized to apply for in connection with the Improvement. record for right-of-way purposes any and accept any funds from the United Section 9. That, notwithstanding real property and easements neces- States of America to partially finance any provision of the Codified Ordi- sary to make the improvement. the Improvement; that the Mayor is nances of Cleveland, Ohio, 1976, to the Whereas, this ordinance consti- authorized to file all papers and exe- contrary, the Commissioner of Pur- tutes an emergency measure provid- cute all documents necessary to chases and Supplies is authorized to ing for the usual daily operation of receive the funds; and that the funds acquire, accept, and record for right- a municipal department; now, there- are appropriated for the purposes of of-way purposes any real property fore, this ordinance. and easements as is necessary to Be it ordained by the Council of Section 3. That, provided the City make the improvements described in the City of Cleveland: sells the bonds authorized by Ordi- this ordinance. The consideration to Section 1. That the Mayor is nance No. 580-13, passed April 22, 2013, be paid for the property and ease- authorized to accept a grant in the the City of Cleveland is obligated to ments shall not exceed fair market approximate amount up to $2,599,440, provide cash matching funds in the value. from the Ohio Public Works Com- amount of the local share. Section 10. That the Director of Cap- mission, acting by and through its Section 4. That, provided the City ital Projects is authorized to execute Director to finance the public sells the bonds authorized by Ordi- on behalf of the City all documents improvement of reconstructing Mar- nance No. 580-13, passed April 22, 2013, necessary to acquire, accept, and tin Luther King Jr. Blvd. from Buck- the Director of Capital Projects is record the property and easements ingham to Cedar Avenue (the authorized to employ by contract or and to employ and pay all fees for “Improvement”); that the Mayor is contracts one or more consultants or title companies, surveys, escrows, authorized to file all papers and one or more firms of consultants for appraisers, and all other costs neces- execute all documents necessary to the purpose of supplementing the reg- sary for the acquisition of the proper- receive the funds under the grant; ularly employed staff of the several ty and easements. and that the funds are appropriated departments of the City of Cleveland Section 11. That the Director of Cap- for the purposes described in this in order to provide professional ital Projects is authorized to enter ordinance. design, engineering and construction into one or more Local Project Admin- Section 2. That, provided the City services necessary for the Improve- istration agreements with the Ohio sells the bonds authorized by Ordi- ment. Department of Transportation to fund nance No. 580-13, passed April 22, 2013, 755 6 The City Record May 8, 2013 the City of Cleveland is obligated to be paid for the property and ease- which are credited the proceeds gen- provide cash matching funds in the ments shall not exceed fair market erated from the operation of the amount of the local share. value. automated traffic cameras. Section 3. That, provided the City Section 9. That the Director of Capi- Section 2. That Section 413.031 of sells the bonds authorized by Ordi- tal Projects is authorized to execute the Codified Ordinances of Cleveland, nance No. 580-13, passed April 22, 2013, on behalf of the City all documents Ohio, 1976, as amended by Ordinance the Director of Capital Projects is necessary to acquire, accept, and No. 840-12, passed July 11, 2012, is authorized to employ by contract or record the property and easements amended to read as follows: contracts one or more consultants or and to employ and pay all fees for one or more firms of consultants for title companies, surveys, escrows, Section 413.031 Use of Automated the purpose of supplementing the reg- appraisers, and all other costs neces- Cameras to Impose Civil Penalties ularly employed staff of the several sary for the acquisition of the proper- upon Red Light and Speeding Viola- departments of the City of Cleveland ty and easements. tors in order to provide professional Section 10. That the Director of Cap- (a) Civil Enforcement System design, engineering and construction ital Projects is authorized to enter Established. The City of Cleveland services necessary for the Improve- into any agreements necessary to hereby adopts a civil enforcement ment. implement the Improvement. system for red light and speeding The selection of the consultants for Section 11. That the cost of the con- offenders photographed by means of the services shall be made by the tracts, payments, property acquisi- an “automated traffic enforcement Board of Control on the nomination of tion, cash matches, and other expen- camera system” as defined in division the Director of Capital Projects from ditures authorized shall be paid from (p). This civil enforcement system a list of qualified consultants avail- Fund No. 52 SF 001, the fund or funds imposes monetary liability on the able for employment as may be deter- to which are credited any grant pro- “owner” of a vehicle as defined in divi- mined after a full and complete can- ceeds accepted under this ordinance, sion (p) for failure of an operator to vass by the Director of Capital Pro- the fund or funds to which are credit- stop at a traffic signal displaying a jects for the purpose of compiling a ed the proceeds of the sale of the steady red light indication or for the list. The compensation to be paid for bonds authorized by Ordinance No. failure of an operator to comply with the services shall be fixed by the 580-13, passed April 22, 2013, cash a speed limitation. Board of Control. The contract or con- matches, cash contributions accepted (b) Red Light Offense – Liability tracts shall be prepared by the Direc- and appropriated under this ordi- Imposed. The owner of a vehicle shall tor of Law, approved by the Director nance, any other funds appropriated be liable for the penalty imposed of Capital Projects and certified by for this purpose with the approval of under this section if the vehicle cross- the Director of Finance. the Director of Finance. es a marked stop line or the intersec- Section 4. That, under Section 167 of Section 12. That this ordinance is tion plane at a system location when the Charter of the City of Cleveland, declared to be an emergency measure the traffic signal for that vehicle’s this Council determines to make the and, provided it receives the affirma- direction is emitting a steady red public improvement as described in tive vote of two-thirds of all the mem- light. this ordinance, for the Office of Capi- bers elected to Council, it shall take (c) Speeding Offense – Liability tal Projects, by one or more contracts effect and be in force immediately Imposed. The owner of a vehicle shall duly let to the lowest responsible bid- upon its passage and approval by the be liable for the penalty imposed der or bidders after competitive bid- Mayor; otherwise it shall take effect under this section if the vehicle is operated at a speed in excess of the ding on a unit basis for the Improve- and be in force from and after the ear- limitations set forth in Section 433.03. ment. liest period allowed by law. (d) Liability Does Not Constitute a Section 5. That, provided the City Referred to Directors of Capital Conviction. The imposition of liabili- sells the bonds authorized by Ordi- Projects, City Planning Commission, ty under this section shall not be nance No. 580-13, passed April 22, 2013, Finance, Law; Committees on Public deemed a conviction for any purpose the Director of Capital Projects is Service, City Planning, Finance. and shall not be made part of the oper- authorized to enter into one or more ating record of any person on whom contracts for the making of the public Ord. No. 650-13. the liability is imposed. improvement with the lowest respon- By Council Members Conwell, (e) Other Offenses and Penalties sible bidder or bidders after competi- Mitchell and Kelley (by departmental Not Abrogated. Nothing in this sec- tive bidding on a unit basis for the request). tion shall be construed as altering or Improvement, provided, however, An emergency ordinance authoriz- limiting Sections 433.03 or 413.03 of that each separate trade and each dis- ing the Director of Public Safety to these Codified Ordinances, the crimi- tinct component part of the Improve- enter into one or more contracts nal penalties imposed by those sec- ment may be treated as a separate without competitive bidding with tions, or the ability of a police officer improvement, and each, or any combi- Xerox State & Local Solutions, Inc. to enforce those sections against any nation, of the trades or components for traffic photo enforcement and to offender observed by the officer vio- may be the subject of a separate con- install and maintain automated traf- lating either of those sections. Noth- tract on a unit basis. fic cameras, for a period not to ing in this section shall be construed Section 6. That the Director of Capi- exceed four years, with three one- to limit the liability of an operator of tal Projects is authorized to accept year options to renew, exercisable a vehicle for any violation of division cash contributions from public or pri- by the Director of Public Safety; and (b) or (c) of this section. vate entities, NEORSD, and GCRTA to amend Section 413.031, as amend- (f) Selection of Camera Sites. The for infrastructure restoration costs ed by Ordinance No. 840-12, passed selection of the sites where automat- associated with relocating, rehabili- July 11, 2012, relating to the use of ed cameras are placed and the tating or reconstructing utility infra- automated cameras to impose civil enforcement of this ordinance shall structure for the Improvement and penalties upon red light and speed- be made on the basis of sound profes- costs associated with implementing ing violators. sional traffic engineering and law green infrastructure features to Whereas, this ordinance consti- enforcement judgments. Automated address combined sewer overflows. tutes an emergency measure provid- cameras shall not be placed at any That the Director of Capital Projects ing for the usual daily operation of site where the speed restrictions or is authorized to enter into agreements a municipal department; now, there- the timing of the traffic signal fail to with the entities for this purpose. fore, conform to sound professional traffic Section 7. That the Director of Capi- Be it ordained by the Council of engineering principles. tal Projects is authorized to enter into the City of Cleveland: (g) Locations. The following are one or more agreements with private Section 1. That the Director of the locations for the Automated Traf- utility companies to pay charges for Public Safety is authorized to enter fic Enforcement Camera System: the installation of underground lines into contract with Xerox State & in connection with the Improvement. Local Solutions, Inc. for profession- Locations Section 8. That, notwithstanding al services necessary for traffic Shaker Boulevard at Shaker Square any provision of the Codified Ordi- photo enforcement and to install and Chester Avenue at Euclid Avenue nances of Cleveland, Ohio, 1976, to the maintain automated traffic cameras West Boulevard at North Marginal contrary, the Commissioner of Pur- on the basis of its proposal dated Road chases and Supplies is authorized to November 9, 2012, for a period not to Shaker Boulevard at East 116th acquire, accept, and record for right- exceed four years, with three one- Street of-way purposes any real property year options to renew, exercisable West Boulevard at I-90 Ramp and easements as is necessary to by the Director of Public Safety. Chester Avenue at East 71st Street make the improvements described in The contract or contracts shall be East 55th Street at Carnegie this ordinance. The consideration to paid from the fund or funds to Avenue 756 May 8, 2013 The City Record 7

Woodland Avenue in the 4500 to an area where an automated camera Liability shall also be excused if a 4700 block is monitoring for red light or speed vehicle is observed committing an Euclid Avenue between Cliffview violators. Mobile speed units shall be offense where the vehicle was stolen Road and Torbenson Road plainly marked vehicles. prior to the offense and the owner has East 131st Street at Harvard (h) Notices of Liability. Any ticket filed a police report. Avenue for an automated red light or speed- The Director of Public Safety, in Carnegie Avenue at East 30th ing system violation under this sec- coordination with the Parking Viola- Street tion shall: tions Bureau, shall establish a Cedar Avenue at Murray Hill Road (1) Be reviewed by a Cleveland process by which a vehicle owner who Grayton Road at I-480 Ramp police officer; was not the driver at the time of the Euclid Avenue at Mayfield Road (2) Be forwarded by first-class mail alleged offense may, by affidavit, Warren Road at I-90 Ramp or personal service to the vehicle’s name the person who the owner Prospect Avenue at East 40th Street registered owner’s address as given believes was driving the vehicle at East 116th Street at Union Avenue on the state’s motor vehicle registra- the time. Upon receipt of such an affi- Pearl Road at Biddulph Road tion, and davit timely submitted to the Parking Carnegie Avenue at East 100th (3) Clearly state the manner in Violations Bureau, the Bureau shall Street which the violation may be appealed. suspend further action against the Carnegie Avenue at Martin Luther (i) Penalties. Any violation of divi- owner of the vehicle and instead King Jr. Drive sion (b) or division (c) of this section direct notices and collection efforts to Memphis Avenue at Fulton Road shall be deemed a noncriminal viola- the person identified in the affidavit. Lakeshore Boulevard at East 159th tion for which a civil penalty shall be If the person named in the affidavit, Street assessed and for which no points when notified, denies being the driver St. Clair Avenue at London Road authorized by RC 4507.021 (“Point sys- or denies liability, then the Parking Clifton Boulevard between West tem for license suspension”) shall be Violations Bureau shall resume the 110th Street and West 104th Street assigned to the owner or driver of the notice and collection process against Chester Avenue between East 55th vehicle. the vehicle owner, the same as if no Street and East 40th Street (j) Ticket Evaluation, Public Ser- affidavit had been submitted, and if Woodland Avenue between East vice, and Appeals. The program shall 66th Street and East 71st Street the violation is found to have been include a fair and sound ticket-evalu- committed by a preponderance of evi- West Boulevard between I-90 Ramp ation process that includes review by and Madison Avenue dence, the owner shall be liable for the vendor and a police officer, a any penalties imposed for the offense. Lee Road between Tarkington strong customer-service commitment, Avenue and I-480 Ramp A decision in favor of the City of and an appeals process that accords Cleveland may be enforced by means I-90 and West 41st Street due process to the ticket respondent I-90 and West 44th Street of a civil action or any other means and that conforms to the require- provided by the Ohio Revised Code. Woodland Avenue at East 55th ments of the Ohio Revised Code. Street (l) Evidence of Operation. It is (k) Appeals. A notice of appeal Harvard Avenue at Lee Road prima facie evidence that the person shall be filed with the Hearing Offi- Orange Avenue at East 30th Street registered as the owner of the vehicle cer within twenty-one (21) days from Chester Avenue at East 105th Street with the Ohio Bureau of Motor Vehi- the date listed on the ticket. The fail- St. Clair Avenue at East 152nd cles, or with any other state vehicle ure to give notice of appeal or pay the Street registration office, or in the case of a civil penalty within this time period Kinsman Road at East 93rd Street leased or rented vehicle, the “lessee” shall constitute a waiver of the right Lee Road at Miles Road as defined in division (p), was operat- to contest the ticket and shall be con- Stokes Boulevard at Cedar Avenue ing the vehicle at the time of the sidered an admission. West 25th Street at Clark Avenue offenses set out in divisions (b) and Appeals shall be heard by the Park- I-490 at East 55th Street (c) of this section. Pearl Road at Denison Avenue ing Violations Bureau through an (m) Program Oversight. The Direc- Broadview Road at Brookpark administrative process established by tor of Public Safety shall oversee the Road the Clerk of the Cleveland Municipal program authorized by this section. Pearl Road at Broadview Road Court. At hearings, the strict rules of The Director of Public Works shall St. Clair Avenue at East 105th evidence applicable to courts of law oversee the installation and mainte- Street shall not apply. The contents of the nance of all automated cameras. An Woodland Avenue at East 30th ticket shall constitute a prima facie encroachment permit shall be autho- Street evidence of the facts it contains. Lia- rized in the legislation in which loca- Lorain Avenue at West 65th Street bility may be found by the hearing tions are selected. Broadview Road at Spring Road examiner based upon a preponder- (n) Rules and Regulations. The St. Clair Avenue at East 55th Street ance of the evidence. If a finding of Director of Public Safety may issue Puritas Avenue at West 150th liability is appealed, the record of the rules and regulations to carry out the Street case shall include the order of the provisions of these sections, which Martin Luther King Jr. Drive at Parking Violations Bureau, the tick- shall be effective thirty (30) days East 105th Street et, other evidence submitted by the after publication in the City Record. Lakeview Road and Superior respondent or the City of Cleveland, (o) Establishment of Penalty. The Avenue and a transcript or record of the hear- penalty imposed for a violation of East 105th Street and Superior ing, in a written or electronic form division (b) or (c) of this section shall Avenue acceptable to the court to which the be follows: East 124th Street and Superior case is appealed. Avenue Liability shall not be found where 413.031(b) East 156th Street and Waterloo the evidence shows that the automat- All violations $100.00 Road ed camera captured an event that is Neff Road and East 185th Street not an offense, including each of the 413.031(c) following events and such others as Up to 24 mph over the The Director of Public Safety shall may be established by rules and regu- speed limit: $100.00 cause the general public to be notified lations issued by the Director of Pub- 25 mph or more over by means of a press release issued at lic Safety under the authority of divi- the speed limit: $200.00 least thirty (30) days before any sion (n) of this section: Any violation of a school given camera is made fully-opera- (1) The motorist stops in time to or construction zone tional and is used to issue tickets to avoid violating a red light indication; speed limit: $200.00 offenders. Before a given camera (2) The motorist proceeds through issues actual tickets, there shall be a a red light indication as part of funer- Late penalties: for both offenses, if period of at least two (2) weeks, al procession; the penalty is not paid within twenty which may run concurrently with the (3) The motorist is operating a (20) days from the date of mailing of thirty (30) day public-notice period, City-owned emergency vehicle with the ticket to the offender, an addition- during which only “warning” notices its emergency lights activated and al twenty dollars ($20.00) shall be shall be issued. proceeds through a red light indica- imposed, and if not paid within forty At each site of a red light or fixed tion or exceeds the posted speed limi- (40) days from that date, another speed camera, the Director of Public tation; forty dollars ($40.00) shall be Works shall cause signs to be posted (4) The motorist is directed by a imposed, for a total additional penal- to apprise ordinarily observant police officer on the scene contrary to ty in such a case of sixty dollars motorists that they are approaching the traffic signal indication. ($60.00). 757 8 The City Record May 8, 2013

(p) Definitions. As used in this sec- 716-10, passed June 7, 2010, is amend- Ord. No. 653-13. tion: ed to read as follows: By Council Members Cimperman, (1) “Automated traffic enforcement Section 4. That the terms of the loan Brancatelli and Kelley (by depart- camera system” means an electronic shall be according to the terms set mental request). system consisting of a photographic, forth in the Summary contained in An emergency ordinance to amend video, or electronic camera and a File Nos. 1383-09-B and 1383-09-C, made Section 2 of Ordinance No. 1892-05, vehicle sensor installed to work alone a part of this ordinance as if fully passed February 13, 2006, amended or in conjunction with an official traf- rewritten, as presented to the Finance by Ordinance No. 1381-09, passed fic controller and to automatically Committee of this Council at the pub- October 5, 2009 and Ordinance No. produce photographs, video, or digital lic hearing on this legislation, and are 1757-09, passed December 7, 2009, images of each vehicle violating divi- approved in all respects and shall not relating to a contract with Flats sions (b) or (c). be changed without additional leg- East Development, LLC, and/or the (2) “Lessee” includes renter and islative authority. Cleveland-Cuyahoga County Port means: Section 2. That existing Section 4 of Authority to provide development A. the person identified as a vehicle Ordinance No. 1383-09, passed October assistance to partially finance the lessee or renter by a motor vehicle 5, 2009, as amended by Ordinance No. acquisition of land for retail, multi- leasing dealer or motor vehicle rent- 716-10, passed June 7, 2010, is family rental housing and/or park- ing dealer pursuant to RC 4511.092 repealed. ing facilities at the Project Site and and further identified by the dealer as Section 3. That this ordinance is the construction at the Project Site the person having care, custody or declared to be an emergency measure of parking facilities to support control of the vehicle at the time of a and, provided it receives the affirma- retail and/or multifamily rental violation of divisions (b) or (c); or tive vote of two-thirds of all the mem- housing uses at the Project Site. B. the person identified as the bers elected to Council, it shall take Whereas, this ordinance consti- lessee or as an additional owner of a effect and be in force immediately tutes an emergency measure provid- vehicle in the records of the Ohio upon its passage and approval by the ing for the usual daily operation of Bureau of Motor Vehicles or the Mayor; otherwise it shall take effect a municipal department; now, there- and be in force from and after the ear- records of any other state motor vehi- fore, liest period allowed by law. cle bureau. Be it ordained by the Council of Referred to Directors of Economic (3) “System location” means the the City of Cleveland: Development, Finance, Law; Commit- Section 1. That Section 2 of Ordi- approach to an intersection or a street tees on Community and Economic nance No. 1892-05, passed February toward which a photographic, video Development, Finance. 13, 2006, amended by Ordinance No. or electronic camera is directed and is 1381-09, passed October 5, 2009, and in operation. It is the location where Ord. No. 652-13. Ordinance No. 1757-09, passed Decem- the automated camera system is By Council Members Cimperman, ber 7, 2009, is further amended to installed to monitor offenses under Brancatelli and Kelley (by depart- read as follows: this section. mental request). Section 2. That the terms of the loan (4) “Vehicle owner” or “owner” An emergency ordinance to amend or loans shall be according to the means the person or entity identified Section 2 of Ordinance No. 1740-08, terms set forth in the Summary con- by the Ohio Bureau of Motor Vehicles, passed December 1, 2008, as amend- tained in File Nos. 1892-05-D and 1892- or registered with any other State ed by Ordinance No. 1382-09, passed 05-E, made a part of this ordinance as vehicle registration office, as the reg- October 5, 2009 relating to a contract if fully rewritten, as presented to the istered owner of a vehicle, or in the with Flats East Development, LLC Finance Committee of this Council at case of a leased or rented vehicle, the to provide economic development the public hearing on this legislation, “lessee”. assistance to partially finance the and are approved in all respects and Section 3. That existing Section project costs for removing newly shall not be changed without addi- 413.031 of the Codified Ordinances of discovered contaminants and other tional legislative authority. Cleveland, Ohio, 1976, as amended by associated costs necessary to rede- Section 2. That existing Section 2 of Ordinance No. 840-12, passed July 11, velop the property. Ordinance No. 1892-05, passed Febru- 2012, is repealed. Whereas, this ordinance consti- ary 13, 2006, amended by Ordinance Section 4. That this ordinance is tutes an emergency measure provid- No. 1381-09, passed October 5, 2009, and declared to be an emergency measure ing for the usual daily operation of Ordinance No. 1757-09, passed Decem- and, provided it receives the affirma- a municipal department; now, there- ber 7, 2009, is repealed. tive vote of two-thirds of all the mem- fore, Section 3. That this ordinance is bers elected to Council, it shall take Be it ordained by the Council of declared to be an emergency measure effect and be in force immediately the City of Cleveland: and, provided it receives the affirma- upon its passage and approval by the Section 1. That Section 2 of Ordi- tive vote of two-thirds of all the mem- bers elected to Council, it shall take Mayor; otherwise it shall take effect nance No. 1740-08, passed December effect and be in force immediately and be in force from and after the ear- 1, 2008, and amended by Ordinance upon its passage and approval by the liest period allowed by law. No. 1382-09, passed October 5, 2009, Referred to Directors of Public Mayor; otherwise it shall take effect passed October 5, 2009, is amended and be in force from and after the ear- Safety, Finance, Law; Committees on to read as follows: liest period allowed by law. Public Safety, Legislation, Finance. Section 2. That the terms of the loan Referred to Directors of Economic shall be according to the terms set Development, Finance, Law; Commit- Ord. No. 651-13. forth in the Summary contained in tees on Community and Economic By Council Members Cimperman, File Nos. 1740-08-C and 1740-08-D, Development, Finance. Brancatelli and Kelley (by depart- made a part of this ordinance as if mental request). fully rewritten, as presented to the Ord. No. 654-13. An emergency ordinance to amend Finance Committee of this Council at By Council Members Cimperman Section 4 of Ordinance No. 1383-09, the public hearing on this legislation, and Kelley (by departmental passed October 5, 2009, as amended and are approved in all respects and request). by Ordinance No. 716-10, passed June shall not be changed without addi- An emergency ordinance authoriz- 7, 2010 relating to authorizing the tional legislative authority. ing the Director of Public Health to Director of Economic Development Section 2. That existing Section 2 of accept a grant from the Ohio Envi- to apply for and accept a HUD 108 Ordinance No. 1740-08, passed Decem- ronmental Protection Agency for loan from the United States Depart- ber 1, 2008, as amended by Ordinance financial assistance for the opera- ment of Housing and Urban Devel- No. 1382-09, passed October 5, 2009, is tion of the Division of Air Quality; opment and to enter into contract repealed. authorizing the director to enter with Flats East Development LLC to Section 3. That this ordinance is into one or more contracts for vari- partially finance the development declared to be an emergency measure ous services, equipment and sup- located at the mouth of the Cuya- and, provided it receives the affirma- plies, and contracts with various hoga River on Lake Erie. tive vote of two-thirds of all the mem- agencies or entities necessary to Whereas, this ordinance consti- bers elected to Council, it shall take operate the Division of Air Quality; tutes an emergency measure provid- effect and be in force immediately determining the method of con- ing for the usual daily operation of upon its passage and approval by the structing, rehabilitating, renovating, a municipal department; now, there- Mayor; otherwise it shall take effect replacing, or otherwise improving fore, and be in force from and after the ear- air monitoring sites and other simi- Be it ordained by the Council of liest period allowed by law. lar structures on city-owned and the City of Cleveland: Referred to Directors of Economic city-leased property; and authorizing Section 1. That Section 4 of Ordi- Development, Finance, Law; Commit- the director to enter into one or nance No. 1383-09, passed October 5, tees on Community and Economic more contracts to construct the 2009, as amended by Ordinance No. Development, Finance. improvement to design it. 758 May 8, 2013 The City Record 9

Whereas, this ordinance consti- and Supplies on a unit basis, for the grant proceeds accepted under this tutes an emergency measure provid- Division of Air Quality, Department ordinance and from the cash match. ing for the usual daily operation of of Public Health. Section 14. That this ordinance is a municipal department; now, there- Section 6. That, under Section 167 of declared to be an emergency measure fore, the Charter of the City of Cleveland, and, provided it receives the affirma- Be it ordained by the Council of this Council determines to make the tive vote of two-thirds of all the mem- the City of Cleveland: public improvement of constructing, bers elected to Council, it shall take Section 1. That the Director of rehabilitating, renovating, replacing, effect and be in force immediately Public Health is authorized to or otherwise improving air monitor- upon its passage and approval by the accept a grant in the approximate ing sites and other similar structures Mayor; otherwise it shall take effect amount of $2,880,362, and any other on City-owned and City-leased proper- and be in force from and after the ear- funds that become available during ty (the “Improvement”), for the Divi- liest period allowed by law. the grant term, from the Ohio Envi- sion of Air Quality, Department of Referred to Directors of Public ronmental Protection Agency for Public Health, by one or more con- Health, Finance, Law; Committees on financial assistance for the opera- tracts duly let to the lowest responsi- Health and Human Services, Finance. tion of the Division of Air Quality ble bidder or bidders after competi- in accordance with the purposes set tive bidding on a unit basis for the Ord. No. 655-13. forth in the summary; that the Improvement. By Council Members Cimperman Director of Public Health is autho- Section 7. That the Director of Pub- and Kelley (by departmental rized to file all papers and execute lic Health is authorized to enter into request). all documents necessary to receive one or more contracts for the making An emergency ordinance authoriz- the funds under the grant; and that of the Improvement with the lowest ing the Director of Public Health to the funds are appropriated for the responsible bidder or bidders after apply for and accept a grant from purposes in the summary for the competitive bidding on a unit basis Case Western Reserve University grant. for the Improvement, provided, how- for the CWRU Partnership Program. Section 2. That the summary for the ever, that each separate trade and Whereas, this ordinance consti- grant, presented to the Finance Com- each distinct component part of the tutes an emergency measure provid- mittee of this Council at a public hear- Improvement may be treated as a sep- ing for the usual daily operation of ing on this legislation and set forth in arate improvement, and each, or any a municipal department; now, there- File No. 654-13-A, is made a part of this combination, of the trades or compo- fore, ordinance as if fully rewritten, includ- nents may be the subject of a separate Be it ordained by the Council of ing the obligation of the City of Cleve- contract on a unit basis. the City of Cleveland: land to provide cash matching funds Section 1. That the Director of Section 8. That the Director of Pub- in the sum of $393,000 from Fund No. Public Health is authorized to apply lic Health is authorized to employ by 01-5007-6397 in order to receive the for and accept a grant in the contract or contracts one or more con- grant from the Ohio Environmental approximate amount of $42,000, and sultants or one or more firms of con- Protection Agency, as a pass-through any other funds that may become sultants for the purpose of supple- from the U.S. Environmental Protec- available during the grant term menting the regularly employed staff tion Agency, is approved in all from Case Western Reserve Univer- of the several departments of the City respects, and shall not be changed sity to conduct the CWRU Partner- of Cleveland in order to provide pro- without additional legislative author- ship Program; that the Director is ity. fessional services necessary to imple- authorized to file all papers and Section 3. That the Director of Pub- ment the grant. execute all documents necessary to lic Health is authorized to make one The selection of the consultants for receive the funds under the grant; or more written requirement con- the services shall be made by the and that the funds are appropriated tracts under the Charter and the Codi- Board of Control on the nomination of for the purposes described in the fied Ordinances of Cleveland, Ohio, the Director of Public Health from a summary for the grant contained in 1976, for the requirements for the list of qualified consultants available the file described below. grant period of the necessary items of for employment as may be determined Section 2. That the summary for the materials, equipment, services, and after a full and complete canvass by grant, presented to the Finance Com- supplies needed as described in the the Director of Public Health for the mittee of this Council at a public hear- file, to be purchased by the Commis- purpose of compiling a list. The com- ing on this legislation and set forth in sioner of Purchases and Supplies pensation to be paid for the services File No. 655-13-A, is made a part of this upon a unit basis for the Division of shall be fixed by the Board of Control. ordinance as if fully rewritten, is Air Quality, Department of Public The contract or contracts authorized approved in all respects, and shall not Health. Bids shall be taken in a man- shall be prepared by the Director of be changed without additional leg- ner that permits an award to be made Law, approved by the Director of Pub- islative authority. for all items as a single contract, or by lic Health, and certified by the Direc- Section 3. That the Director of Pub- separate contract for each or any com- tor of Finance. lic Health is authorized to extend the bination of the items as the Board of Section 9. That under Section 108(b) term of the grant during the grant Control determines. Alternate bids for of the Charter, the purchases autho- term. a period less than the grant term may rized by this ordinance may be made Section 4. That the Director of Pub- be taken if deemed desirable by the through cooperative agreements with lic Health shall deposit the grant Commissioner of Purchases and Sup- other governmental agencies. The accepted under this ordinance into a plies until provision is made for the Director of Public Health may sign fund or funds designated by the requirements for the entire term. all documents that are necessary to Director of Finance to implement the Section 4. That the costs of the con- make the purchases, and may enter program as described in the file and tract or contracts shall be charged into one or more contracts with the appropriated for that purpose. against the proper appropriation vendors selected through that cooper- Section 5. That this ordinance is accounts and the Director of Finance ative process. declared to be an emergency measure shall certify the amount of any pur- Section 10. That the Director of Pub- and, provided it receives the affirma- chase under the contract, each of lic Health is authorized to enter into tive vote of two-thirds of all the mem- which purchases shall be made on one or more contracts with and make bers elected to Council, it shall take order of the Commissioner of Pur- payments to one or more various enti- effect and be in force immediately chases and Supplies by a delivery ties or agencies to implement the upon its passage and approval by the order issued against the contract or grant as described in the file. Mayor; otherwise it shall take effect contracts and certified by the Direc- Section 11. That the Director of Pub- and be in force from and after the ear- tor of Finance. lic Health shall have the authority to liest period allowed by law. Section 5. That the Director of Pub- extend the term of the grant during Referred to Directors of Public lic Health is authorized to make one the grant term. Health, Finance, Law; Committees on or more written contracts under the Section 12. That the Director of Pub- Health and Human Services, Finance. Charter and the Codified Ordinances lic Health shall deposit the grant of Cleveland, Ohio, 1976, for each or accepted under this ordinance into a Ord. No. 656-13. all of the following items during the fund or funds designated by the By Council Members Cimperman term of the grant: various types of Director of Finance to implement the and Kelley (by departmental monitoring equipment, OEPA- program as described in the file and request). required equipment and their associ- appropriated for that purpose. An emergency ordinance authoriz- ated parts, and other materials, equip- Section 13. That the payments and ing the Director of Public Health to ment, supplies, and services needed to cost of the contracts authorized IN apply for and accept a grant from implement the grant, to be purchased this ordinance shall be paid from the the Cuyahoga County Board of by the Commissioner of Purchases fund or funds which are credited the Health for the Public Health Emer- 759 10 The City Record May 8, 2013 gency Preparedness Program; and to and be in force from and after the ear- to make the purchases, and may enter enter into one or more contracts liest period allowed by law. into one or more contracts with the with Executive Information Systems Referred to Directors of Public vendors selected through that cooper- LLC and Stata Corp. to acquire Health, Finance, Law; Committees on ative process. license updates and any upgrades Health and Human Services, Finance. Section 8. That, unless expressly for SAS, for a period not to exceed prohibited by the grant agreement, the grant term. Ord. No. 657-13. under Section 108(b) of the Charter, Whereas, this ordinance consti- By Council Members Cimperman purchases made under the grant tutes an emergency measure provid- and Kelley (by departmental agreement may be made through ing for the usual daily operation of request). cooperative arrangements with other a municipal department; now, there- An emergency ordinance authoriz- governmental agencies. The Director fore, ing the Director of Public Health to of Public Health may sign all docu- Be it ordained by the Council of apply for and accept a grant from ments and do all things that are nec- the City of Cleveland: the Ohio Department of Health for essary to make the purchases, and Section 1. That the Director of the Title X Program; authorizing may enter into one or more contracts Public Health is authorized to apply the director to charge and accept with the vendors selected through for and accept a grant in the fees for this program; and to enter that cooperative process. approximate amount of $182,538, and into one or more agreements neces- Section 9. That the cost of the con- any other funds as they become sary for the City to receive pay- tract or contracts authorized by this available during the grant term, ments from Medicare, Medicaid and ordinance shall be paid from the fund from the Cuyahoga County Board of Medicaid HMO programs. or funds which are credited the grant Health to conduct the Public Health Whereas, this ordinance consti- proceeds, the first and third party Emergency Preparedness Program; tutes an emergency measure provid- billings, and from the Medicaid reim- that the Director of Public Health is ing for the usual daily operation of bursements accepted under this ordi- authorized to file all papers and a municipal department; now, there- nance. execute all documents necessary to fore, Section 10. That this ordinance is receive the funds under the grant; Be it ordained by the Council of declared to be an emergency measure and that the funds are appropriated the City of Cleveland: and, provided it receives the affirma- for the purposes set forth in the Section 1. That the Director of tive vote of two-thirds of all the mem- administrative summary for the Public Health is authorized to apply bers elected to Council, it shall take grant contained in the file described for and accept a grant in the effect and be in force immediately below. approximate amount of $500,000 and upon its passage and approval by the Section 2. That the summary for the any other funds that may become Mayor; otherwise it shall take effect grant, File No. 656-13-A, made a part of available during the grant term, and be in force from and after the ear- this ordinance as if fully rewritten, as from the Ohio Department of Health liest period allowed by law. presented to the Finance Committee to conduct the Title X Program; that Referred to Directors of Public of this Council at the public hearing the Director is authorized to file all Health, Finance, Law; Committees on on this legislation and shall not be papers and execute all documents Health and Human Services, Finance. changed without additional legisla- necessary to receive the funds under tive authority, is approved in all the grant; and that the funds are Ord. No. 658-13. respects. appropriated for the purposes set By Council Members Brancatelli Section 3. That the Director of Pub- forth in the summary for the grant and Kelley (by departmental lic Health shall have the authority to contained in the file described request). extend the term of the grant during below. An emergency ordinance authoriz- the grant term. Section 2. That the summary for the ing the Director of Community Section 4. That the Director of Pub- grant, File No. 657-13-A, made a part of Development to enter into one or lic Health shall deposit the grant this ordinance as if fully rewritten, as more contracts with Cleveland accepted under this ordinance into a presented to the Finance Committee Action to Support Housing, Inc. fund or funds designated by the of this Council at the public hearing (CASH) for administrative costs to Director of Finance to implement the on this legislation and shall not be implement housing rehabilitation, program as described in the file and changed without additional legisla- new housing construction and com- tive authority, is approved in all appropriated for that purpose. mercial redevelopment loan pro- respects, including the obligation to Section 5. That, unless expressly grams. devote program income from first and prohibited by the grant agreement, Whereas, this ordinance consti- third party billings. under Section 108(b) of the Charter, tutes an emergency measure provid- Section 3. That the Director of Pub- purchases made under the grant ing for the usual daily operation of lic Health shall have the authority to agreement may be made through a municipal department; now, there- cooperative arrangements with other extend the term of the grant during fore, governmental agencies. The Director the grant term. Be it ordained by the Council of of Public Health may sign all docu- Section 4. That the Director of Pub- the City of Cleveland: ments and do all things that are nec- lic Health shall deposit the grant Section 1. That the Director of essary to make the purchases, and accepted under this ordinance into a Community Development is autho- may enter into one or more contracts fund or funds designated by the with the vendors selected through Director of Finance to implement the rized to enter into one or more con- that cooperative process. program as described in the file and tracts with Cleveland Action to Sup- Section 6. That the Director of Pub- appropriated for that purpose. port Housing, Inc. (CASH) for lic Health is authorized to enter into Section 5. That the Director of Pub- administrative costs to implement one or more contracts with Executive lic Health is authorized to enter into housing rehabilitation, new housing Information Systems LLC and Stata one or more agreements necessary for construction and commercial rede- Corp. for the acquisition of one or the City to receive payments from velopment loan programs in the City more license updates and any Medicare, Medicaid and Medicaid of Cleveland. upgrades for SAS, including but not HMOs to implement the grant as Section 2. That the aggregate cost limited to installation, design, train- described in the file. of the contracts shall not exceed ing, testing, technical support, server Section 6. That the Director of Pub- $77,000.00, and shall be paid from components, integration software and lic Health is authorized to charge and Fund No. 14 SF 039, RQS 8006, RL 2013- software maintenance for a period of accept fees from participants of this 68. one year. program and to deposit those fees into Section 3. That this ordinance is Section 7. That the cost of the con- a revolving fund which will be used to declared to be an emergency measure tracts authorized by this ordinance provide additional materials, equip- and, provided it receives the affirma- shall be paid from the fund or funds ment, supplies, and services under the tive vote of two-thirds of all the mem- which are credited the grant proceeds program described in the file, and the bers elected to Council, it shall take accepted under this ordinance. funds are appropriated for that pur- effect and be in force immediately Section 8. That this ordinance is pose. upon its passage and approval by the declared to be an emergency measure Section 7. That under Section 108(b) Mayor; otherwise it shall take effect and, provided it receives the affirma- of the Charter, the purchases autho- and be in force from and after the ear- tive vote of two-thirds of all the mem- rized by this ordinance may be made liest period allowed by law. bers elected to Council, it shall take through cooperative arrangements Referred to Directors of Community effect and be in force immediately with other governmental agencies. Development, Finance, Law; Commit- upon its passage and approval by the The Director of Public Health may tees on Community and Economic Mayor; otherwise it shall take effect sign all documents that are necessary Development, Finance. 760 May 8, 2013 The City Record 11

Ord. No. 659-13. upon its passage and approval by the Storefront Renovation Program and By Council Members Brancatelli Mayor; otherwise it shall take effect Commercial Revitalization Program. and Kelley (by departmental and be in force from and after the ear- Section 5. That the Director of Com- request). liest period allowed by law. munity Development is authorized to An emergency ordinance appropri- Referred to Directors of Community enter into forbearance agreements ating Community Development Development, Finance, Law; Commit- with any recipient of a validly exist- Block Grant funds and Federal tees on Community and Economic ing loan, administered by the City for HOME funds for the operation of the Development, Finance. Commercial Revitalization or Store- Low Interest Loan and Grant Pro- front Renovation. grams; and to enter into one or more Ord. No. 660-13. Section 6. That the Director of Com- contracts with various agencies to By Council Members Brancatelli munity Development is authorized to implement these programs. and Kelley (by departmental collect from persons or entities with Whereas, the City of Cleveland request). whom the City is entering into loan has received a Community Develop- An emergency ordinance authoriz- agreements or forebearance agree- ment Block Grant, Year 39 and 2013 ing the Director of Community ments an amount equal to any amount Federal HOME grant funds, from Development to enter into contracts spent for services related to such the United States Government; and for Commercial Revitalization and agreements, such as title searches, Whereas, this ordinance consti- rebate, grant, and/or loan agree- credit bureau reports and document tutes an emergency measure provid- ments with Storefront Renovation filing fees. Such fees shall be deposit- ing for the usual daily operation of Program applicants, and to enter ed into Fund No. 14. a municipal department; now, there- into agreements for eligible costs to Section 7. That the total of the con- fore, community development corpora- tracts and rebate agreements autho- Be it ordained by the Council of tions for implementation of the rized may not exceed $200,000 and the City of Cleveland: Storefront Renovation and Commer- will be paid from Fund No. 14 SF 039, Section 1. That the Director of cial Revitalization Programs. Request No. RQS 8006, RL 2013-070. Community Development is autho- Whereas, the City has created a Section 8. That this ordinance is rized to expend funds from CDBG Storefront Renovation Program to declared to be an emergency measure Fund No. 14 SF 039 in the amount encourage exterior rehabilitation of and, provided it receives the affirma- of $846,500, and Federal HOME Pro- buildings in targeted areas in the tive vote of two-thirds of all the mem- gram Fund No. 19 SF 670 in the City of Cleveland; and bers elected to Council, it shall take amount of $401,960, and prior years Whereas, the City is creating a effect and be in force immediately balances for the operation of Low Commercial Revitalization Program upon its passage and approval by the Interest Loan and Grant Home to further encourage rehabilitation, Mayor; otherwise it shall take effect Repair Programs, including all increase the availability of goods and be in force from the after the ear- related services. Programs include: and services for low and moderate liest period allowed by law. Senior Home Owners Assistance Pro- income residents, and create employ- Referred to Directors of Community gram (SHAP), Afford-A-Home ment in the City; and Development, Finance, Law; Commit- (AAH), Repair-A-Home (RAH), Cor- Whereas, this ordinance consti- tees on Community and Economic rective Action Grant, Housewarm- tutes an emergency measure provid- Development, Finance. ing, Furnace Repair, Home Mainte- ing for the usual daily operation of nance Assistance Program (HMAP) a municipal department; now, there- Ord. No. 661-13. and Lead Hazard Abatement Pro- fore, By Council Members Cimperman gram. Request No. RQS 8006, RL Be it ordained by the Council of and Kelley (by departmental 2013-69. the City of Cleveland: request). Section 2. That the Director of Com- Section 1. That the Director of An emergency ordinance authoriz- munity Development is authorized to Community Development is autho- ing the Director of Public Health to enter into one or more contracts with rized to enter into rebate, grant, enter into one or more contracts various non-profit agencies, rehabili- and/or loan agreements with Store- with various agencies or entities to tation service providers, tenants, front Renovation Program appli- provide AIDS-related services, in homeowners, and entities providing cants, and contracts for eligible conjunction with the HOPWA Grant; services necessary to process loans administrative costs, consulting, or and authorizing the employment of and grants to implement the Low professional services, and expenses one or more professional consultants Interest Loan and Grant Programs in to community development corpora- to provide evaluation services. the City of Cleveland. tions for implementation of the Com- Whereas, this ordinance consti- Section 3. That the Director of Com- mercial Revitalization and Store- tutes an emergency measure provid- munity Development is authorized to front Renovation Programs. The ing for the usual daily operation of accept monies in repayment under the Director is also authorized to pro- a municipal department; now, there- programs and to utilize the repay- vide compensating balance deposits fore, ments, and other program income in a to a designated lender(s) via Cleve- Be it ordained by the Council of revolving fund for additional expen- land Action to Support Housing the City of Cleveland: ditures under these programs and (CASH) or other designee in return Section 1. That, as a Subrecipient administrative expenses, which for below market interest rate com- Grantee of CDBG funds for the repayments and program income are mercial loans to be used in the Department of Community Develop- appropriated for those purposes. Storefront Renovation Program. ment, the Director of Public Health Section 4. That the City is autho- Section 2. That the Director of Com- is authorized to enter into one or rized to accept promissory notes, nam- munity Development is authorized to more contracts with various agen- ing the City of Cleveland as payee, enter into contracts with Commercial cies or entities, effective June 1, and mortgages, naming the City of Revitalization Program applicants. 2013, to provide AIDS-related ser- Cleveland as mortgagee, and any Section 3. That the Director of Com- vices in conjunction with the Hous- other security instrument executed to munity Development is authorized to ing Opportunities for People With evidence and secure repayment of accept program income monies in AIDS (HOPWA) Grant Program, loans made under this program. repayment from community develop- under File No. 661-13-A. The sum of Section 5. That the Director of Com- ment corporations under the Store- not more than $27,500 is appropriat- munity Development is authorized to front Renovation Program and to uti- ed to the Department of Public enter into forbearance agreements lize this program income, other Com- Health for administrative costs of with any recipient of a validly exist- munity Development Block Grant pro- implementing the HOPWA program. ing loan administered by the City, gram income and Kiosk program Section 2. That the Director of Pub- and to charge and accept fees to cover income in a revolving fund for addi- lic Health is authorized to employ by costs incurred in the preparation of tional Commercial Revitalization and contract or contracts one or more con- loan documents, closing, and servic- Storefront Renovation Program sultants or one or more firms of con- ing costs. Such fees shall be deposited expenditures, and such program sultants for the purpose of supple- into Fund No. 14 and are hereby income is appropriated for that pur- menting the regularly employed staff appropriated for the purposes of the pose. of the several departments of the City Low Interest Loan and Grant Pro- Section 4. That the City is autho- of Cleveland in order to provide pro- gram. rized to accept promissory notes, nam- fessional services necessary to pro- Section 6. That this ordinance is ing the City of Cleveland as payee, vide evaluation services. declared to be an emergency measure and mortgages, naming the City of The selection of the consultants for and, provided it receives the affirma- Cleveland as mortgagee, and any the services shall be made by the tive vote of two-thirds of all the mem- other security instrument executed to Board of Control on the nomination of bers elected to Council, it shall take evidence and secure repayment of the Director of Public Health from a effect and be in force immediately loans, costs, and fees under the City’s list of qualified consultants available 761 12 The City Record May 8, 2013 for employment as may be determined sultants for the purpose of supple- Section 1. That the Director of after a full and complete canvass by menting the regularly employed staff Port Control is authorized to exer- the Director of Public Health for the of the several departments of the City cise the first option to renew Con- purpose of compiling a list. The com- of Cleveland in order to provide pro- tract No. PS 2011-228 for an addi- pensation to be paid for the services fessional services necessary to pro- tional year with Michael Benza & shall be fixed by the Board of Control. vide evaluation services. Associates, Inc. to provide surveying The contract or contracts authorized The selection of the consultants for services, on an as-needed basis. This shall be prepared by the Director of the services shall be made by the ordinance constitutes the additional Law, approved by the Director of Pub- Board of Control on the nomination of legislative authority required by lic Health and certified by the Direc- the Director of Public Health from a Ordinance No. 777-07 to exercise this tor of Finance. list of qualified consultants available option. Section 3. That any agency or entity for employment as may be determined Section 2. That this ordinance is that receives funds under this ordi- after a full and complete canvass by declared to be an emergency measure nance shall be required to comply the Director of Public Health for the and, provided it receives the affirma- with the evaluation services provided purpose of compiling a list. The com- tive vote of two-thirds of all the mem- by the consultant. pensation to be paid for the services bers elected to Council, it shall take Section 4. That prior to expending shall be fixed by the Board of Control. effect and be in force immediately funds under this ordinance, the Direc- The contract or contracts authorized upon its passage and approval by the tors of Public Health and the Director shall be prepared by the Director of Mayor; otherwise it shall take effect of Community Development must Law, approved by the Director of Pub- and be in force from and after the ear- enter into a memorandum of under- lic Health and certified by the Direc- liest period allowed by law. standing for this program under the tor of Finance. Referred to Directors of Port Con- terms authorized by this legislation. Section 3. That the Director of Pub- trol, Finance, Law; Committees on Section 5. That the costs of the con- lic Health is authorized to enter into Aviation and Transportation, tract or contracts and administrative one or more contracts with agencies, Finance. costs referred to in Section 1, autho- entities, or individuals to implement rized in this ordinance are appropriat- the grant as described in the file. Ord. No. 664-13. ed for costs of the Department of Pub- Section 4. That any agency or entity By Council Members Keane and lic Health incurred from Fund 19 fol- that receives funds under this ordi- Kelley (by departmental request). lowing the appropriate federal regu- nance shall be required to comply An emergency ordinance authoriz- lations and shall not exceed $918,000 with the evaluation services provided ing the Director of Port Control to and prior years balances and shall be by the consultant. exercise the first option to renew paid from Fund No. 19 SF 672, Request Section 5. That prior to expending Contract No. PS 2011-232 with KS No. RQS 8006, RL 2013-67. funds under this ordinance, the Direc- Associates, Inc. to provide surveying Section 6. That this ordinance is tors of Public Health and Community services, on an as-needed basis. declared to be an emergency measure Development must enter into a memo- Whereas, under the authority of and, provided it receives the affirma- randum of understanding for this pro- Ordinance No. 777-07, passed June 4, tive vote of two-thirds of all the mem- gram in accordance with the terms 2007, the Director of Port Control bers elected to Council, it shall take authorized by this legislation. entered into Contract No. PS 2011-232 effect and be in force immediately Section 6. That the cost of the con- with KS Associates, Inc. to provide upon its passage and approval by the tract or contracts, and administrative surveying services, on an as-needed Mayor; otherwise it shall take effect costs referred to in Section 1, autho- and be in force from and after the ear- rized in this ordinance are appropriat- basis; and liest period allowed by law. ed for costs of the Department of Pub- Whereas, Ordinance No. 777-07 Referred to Directors of Public lic Health incurred from Fund 19 fol- requires further legislation before Health, Finance, Law; Committees on lowing the appropriate federal regu- exercising the first option to renew Health and Human Services, Finance. lations and shall not exceed $317,600 on this contract; and and shall be paid from Fund No. 14 SF Whereas, this ordinance consti- Ord. No. 662-13. 039, Request No. RQS 8006, RL 2013-66. tutes an emergency measure provid- By Council Members Cimperman Section 7. That this ordinance is ing for the usual daily operation of and Kelley (by departmental declared to be an emergency measure a municipal department; now, there- request). and, provided it receives the affirma- fore, An emergency ordinance authoriz- tive vote of two-thirds of all the mem- Be it ordained by the Council of ing the Director of Public Health to bers elected to Council, it shall take the City of Cleveland: enter into contracts with various effect and be in force immediately Section 1. That the Director of agencies or entities to provide AIDS- upon its passage and approval by the Port Control is authorized to exer- related services; authorizing the Mayor; otherwise it shall take effect cise the first option to renew Con- employment of one or more profes- and be in force from and after the ear- tract No. PS 2011-232 for an addi- sional consultants to provide evalu- liest period allowed by law. tional year with KS Associates, Inc. ation services; and authorizing the Referred to Directors of Public to provide surveying services, on an Director to enter into one or more Health, Finance, Law; Committees on as-needed basis. This ordinance con- contracts with various agencies, Health and Human Services, Finance. stitutes the additional legislative entities, or individuals to implement authority required by Ordinance No. the grant. Ord. No. 663-13. 777-07 to exercise this option. Whereas, this ordinance consti- By Council Members Keane and Section 2. That this ordinance is tutes an emergency measure provid- Kelley (by departmental request). declared to be an emergency measure ing for the usual daily operation of An emergency ordinance authoriz- and, provided it receives the affirma- a municipal department; now, there- ing the Director of Port Control to tive vote of two-thirds of all the mem- fore, exercise the first option to renew bers elected to Council, it shall take Be it ordained by the Council of Contract No. PS 2011-228 with effect and be in force immediately the City of Cleveland: Michael Benza & Associates, Inc. to upon its passage and approval by the Section 1. That, as a Subrecipient provide surveying services, on an Mayor; otherwise it shall take effect Grantee of CDBG funds for the as-needed basis. and be in force from and after the ear- Department of Community Develop- Whereas, under the authority of liest period allowed by law. ment, the Director of Public Health Ordinance No. 777-07, passed June 4, Referred to Directors of Port Con- is authorized to enter into one or 2007, the Director of Port Control trol, Finance, Law; Committees on more contracts with various agen- entered into Contract No. PS 2011-228 Aviation and Transportation, cies or entities to provide HIV/AIDS with Michael Benza & Associates, Finance. prevention education activities, Inc. to provide surveying services, under the Community Development on an as-needed basis; and Ord. No. 665-13. Block Grant, File No. 662-13-A, and Whereas, Ordinance No. 777-07 By Council Members Brancatelli in addition, the sum of not more requires further legislation before and Kelley (by departmental request. than $87,600 is appropriated to the exercising the first option to renew An emergency ordinance authoriz- Department of Public Health for on this contract; and ing the Director of Economic Devel- administrative costs of implement- Whereas, this ordinance consti- opment to enter into a grant agree- ing the contracts authorized by this tutes an emergency measure provid- ment with The Westside Industrial ordinance. ing for the usual daily operation of Retention and Expansion Network Section 2. That the Director of Pub- a municipal department; now, there- to provide economic development lic Health is authorized to employ by fore, assistance to finance the adminis- contract or contracts one or more con- Be it ordained by the Council of tration of the Cleveland Industrial sultants or one or more firms of con- the City of Cleveland: Retention Initiative. 762 May 8, 2013 The City Record 13

Whereas, this ordinance consti- One Hundred Acre Lot No. 356. Also Thence, leaving the southwesterly tutes an emergency measure provid- being part of the land conveyed to the line of Permanent Easement DEIRS- ing for the usual daily operation of City of Cleveland as recorded in Vol- EA2P, South 09° 08' 04" West, 64.53 a municipal department; now, there- ume 660, Page 474, Volume 1265, Page feet; fore, 322, Volume 1265, Page 326, Volume Thence South 05° 48' 01" East, 74.29 Be it ordained by the Council of 1266, Page 281, Volume, Volume 3920, feet; the City of Cleveland: Page 107, Volume 3920, Page 108 and Thence South 35° 00' 37" West, 42.73 Section 1. That the Director of Volume 6267, Page 88 of the Cuyahoga feet; Economic Development is autho- County Records, being more definite- Thence South 23° 26' 25" West, rized to enter into a grant agree- ly described as follows; 474.82 feet; ment with The Westside Industrial Commencing at the intersection of Thence South 42° 14' 14" West, Retention and Expansion Network the centerline of Glenview Avenue 234.06 feet; (“WIRE-Net”) to provide economic (40.00 feet wide) and the centerline of Thence South 61° 10' 16" West, 16.33 development assistance to finance E. 110th Street (60.00 feet wide); feet to the point of beginning. the administration of the Cleveland Thence, along the centerline of E. Containing within said bounds Industrial Retention Initiative 110th Street, North 00° 33' 45" West, 0.8917 acres (38,843 square feet) of (“CIRI”). 82.54 feet; land as surveyed by KS Associates, Section 2. That the costs of the Thence, continuing along the cen- Inc. under the supervision of Trevor grant shall not exceed $400,000 and terline of E. 110th Street, North 04° 22' A. Bixler, Professional Surveyor, No. shall be paid from Fund No. 17 SF 652, 50" East, 255.74 feet; 7730 in August 2012. Request No. RQS 9501, RL 2013-85 Thence, leaving the centerline of E. Bearings are based on Ohio State Section 3. That the Director of Law 110th Street, South 85° 37' 10" East, Plane, North Zone NAD83(CORS) Grid is authorized to prepare the grant 30.00 feet to the easterly right of way North. agreement and other documents as of E. 110th Street; may be appropriate to complete the Thence, along the easterly right of DWIRS-P38-1 Permanent Easement transaction. way of E. 110th Street, North 04° 22' Across Parcel No. 110-01-004 Section 4. That this ordinance is 50" East, 24.93 feet to the True Point 0.0919 Acre declared to be an emergency measure of Beginning for the easement herein and, provided it receives the affirma- described; Situated in the City of Cleveland, tive vote of two-thirds of all the mem- Thence, continuing along the east- County of Cuyahoga and State of Ohio bers elected to Council, it shall take erly right of way of E. 110th Street the and known as being part of Original effect and be in force immediately following two courses; One Hundred Acre Lot No. 363. Also upon its passage and approval by the North 04° 22' 50" East, 11.91 feet; being part of the land conveyed to the Mayor; otherwise it shall take effect Thence, along the arc of a curve City of Cleveland as recorded in Vol- and be in force from and after the ear- which deflects to the right, 28.63 feet, ume 1266, Pages 274 and 279 of the liest period allowed by law. said curve having a radius of 1845.83 Cuyahoga County Records, being Referred to Directors of Economic more definitely described as follows; Development, Finance, Law; Commit- feet, a central angle of 00° 53' 19", and a chord of 28.63 feet which bears Commencing at the intersection of tees on Community and Economic the southerly right of way of St. Clair Development, Finance. North 04° 49' 30" East; Thence, leaving the easterly right Avenue (80 feet wide) and the easter- ly right of way of Lakeview Road (60 Ord. No. 666-13. of way of E. 110th Street, North 42° 14' 14" East, 165.94 feet; feet wide); By Council Members Conwell, Thence, along the southerly right Miller, Cleveland and Kelley (by Thence North 47° 31' 28" West, 18.89 feet; of way of St. Clair Avenue, North 77° departmental request). 55' 16" East, 175.14 feet to the True An emergency ordinance authoriz- Thence North 23° 49' 34" East, 13.63 feet; Point of Beginning for the easement ing the Director of Public Works to herein described; execute various deeds of easement Thence North 47° 50' 46" West, 67.23 feet; Thence, continuing along the and deeds of temporary easement southerly right of way of St. Clair Thence, along the arc of a curve granting to Northeast Ohio Region- Avenue, North 77° 55' 16" East, 100.32 which deflects to the left, 119.72 feet al Sewer District certain easement feet; to the easterly right of way of E. 110th rights in property located at Forest Thence, leaving said southerly Street, said curve having a radius of Hills Park and Martin Luther King right of way, South 12° 34' 06" East, 181.67 feet, a central angle of 37° 45' Jr. Park needed for the Dugway 33.23 feet; 23", West Interceptor Relief Sewer Pro- and a chord of 117.56 feet which Thence North 87° 19' 14" West, 94.56 ject; and declaring the easement bears North 00° 37' 36" East; feet; rights not needed for public use. Thence, along the easterly right of Thence South 02° 40' 46" West, 30.00 Whereas, Northeast Ohio Regional way of E. 110th Street, along the arc feet; Sewer District (“NEORSD”) has of a curve which deflects to the left, Thence South 87° 19' 14" East, 58.67 requested the Director of Public 164.63 feet, said curve having a radius feet; Works to convey certain easements of 424.74 feet, a central angle of 22° Thence South 02° 40' 46" West, 24.25 and temporary easement rights in 12' 30", and a chord of 163.60 feet feet; property located at Forest Hills which bears North 00° 06' 05" West; Thence South 82° 05' 58" West, 57.52 Park and Martin Luther King Jr. Thence, leaving the easterly right feet to the westerly line of said land Park; and of way of E. 110th Street, South 58° 10' conveyed to City of Cleveland; Whereas, NEORSD requires the 31" East, 33.66 feet; Thence, along City of Cleveland’s easement rights in conjunction with Thence South 03° 10' 31" East, westerly line, North 07° 54' 02" West, the Dugway West Interceptor Relief 249.17 feet; 72.55 feet to the point of beginning. Sewer Project; and Thence South 47° 31' 28" East, 31.69 Containing within said bounds Whereas, this ordinance consti- feet; 0.0919 acres (4,005 square feet) of land tutes an emergency measure provid- Thence North 23° 49' 44" East, 24.67 as surveyed by KS Associates, Inc. ing for the usual daily operation of feet; under the supervision of Trevor A. a municipal department; now, there- Thence South 47° 31' 28" East, 34.15 Bixler, Professional Surveyor, No. fore, feet; 7730 in August, 2012. Be it ordained by the Council of Thence North 23° 26' 25" East, Bearings are based on Ohio State the City of Cleveland: 441.64 feet; Plane, North Zone NAD83(CORS) Grid Section 1. That, notwithstanding Thence North 35° 00' 37" East, 34.61 North. and as an exception to the provi- feet; sions of Chapters 181 and 183 of the Thence North 05° 48' 01" West, 67.06 DWIRS-P54-1 Permanent Easement Codified Ordinances of Cleveland, feet; Across Parcel No. 111-01-003 Ohio, 1976, it is found and deter- Thence North 09° 08' 04" East, 96.55 0.1014 Acre mined that easement interests in the feet to the southwesterly line of Per- following described properties are manent Easement DEIRS-EA2P as Situated in the City of Cleveland, not needed for public use: recorded in Instrument No. County of Cuyahoga and State of Ohio 201005040152 of the Cuyahoga County and known as being part of Original DWIRS-P1-1 Permanent Easement Records; One Hundred Acre Lot Nos. 355 & 356. Across Parcel No. 111-03-001 Thence, along the southwesterly Also being part of the land conveyed 0.8917 Acres line of Permanent Easement DEIRS- to the City of Cleveland as recorded in EA2P the following 2 courses; Volume 660, Page 474 and Volume 668, Situated in the City of Cleveland, South 31° 08' 17" East, 14.58 feet; Page 580 of the Cuyahoga County County of Cuyahoga and State of Ohio Thence South 41° 21' 33" East, 26.67 Records, being more definitely and known as being part of Original feet; described as follows; 763 14 The City Record May 8, 2013

Commencing at the northwest cor- curve having a radius of 1845.83 feet, Containing within said bounds ner of Sublot No. 101 in the Curtis- a central angle of 00° 31' 10", and a 0.4085 acres (17,793 square feet) of Ambler Reality Co. Subdivision as chord of 16.73 feet which bears North land as surveyed by KS Associates, recorded in Volume 26, Page 23 of the 05° 31' 44" East; Inc. under the supervision of Trevor Cuyahoga County Map Records; Thence, leaving the easterly right A. Bixler, Professional Surveyor, No. Thence, along the northerly line of of way of E. 110th Street, North 42° 14' 7730 in August 2012. said Sublot No. 101, North 89° 05' 35" 14" East, 152.57 feet; Bearings are based on Ohio State East, 13.60 feet to the True Point of Thence South 47° 31' 28" East, 10.00 Plane, North Zone NAD83(CORS) Grid Beginning for the easement herein feet; North. described; Thence South 42° 14' 14" West, Thence, leaving the northerly line 165.94 feet to the point of beginning. DWIRS-T1-3 Temporary Easement of said Sublot No. 101, North 63° 36' Containing within said bounds Across Parcel No. 111-03-001 50" East, 234.15 feet to the northerly 0.0366 acres (1,593 square feet) of land 0.2712 Acres line of land conveyed to Yulanda as surveyed by KS Associates, Inc. Wiley as recorded in Instrument No. under the supervision of Trevor A. Situated in the City of Cleveland, 200606190189 of the Cuyahoga County Bixler, Professional Surveyor, No. County of Cuyahoga and State of Ohio Records; 7730 in August 2012. and known as being part of Original Thence, along Yulanda Wiley’s Bearings are based on Ohio State One Hundred Acre Lot No. 356. Also northerly line, South 48° 27' 59" West, Plane, North Zone NAD83(CORS) Grid being part of the land conveyed to the 114.81 feet; North. City of Cleveland as recorded in Vol- Thence, leaving Yulanda Wiley’s ume 3920, Page 108, Volume 1265, northerly line, South 63° 36' 50" West, DWIRS-T1-2 Temporary Easement Page 322 and Volume 1265, Page 326 60.38 feet to the northerly line of said Across Parcel No. 111-03-001 of the Cuyahoga County Records, Sublot No. 101; 0.4085 Acres being more definitely described as Thence, along the northerly line of follows; said Sublot No. 101, South 89° 05' 35" Situated in the City of Cleveland, Commencing at the intersection of West, 69.74 feet to the point of begin- County of Cuyahoga and State of Ohio the centerline of Glenview Avenue ning. and known as being part of Original (40.00 feet wide) and the centerline of Containing within said bounds One Hundred Acre Lot No. 356. Also E. 110th Street (60.00 feet wide); 0.1014 acres (4,418 square feet) of land being part of the land conveyed to the Thence, along the centerline of E. as surveyed by KS Associates, Inc. City of Cleveland as recorded in Vol- 110th Street the following 5 courses; under the supervision of Trevor A. ume 3920, Page 108 and Volume 660, North 00° 33' 45" West, 82.54 feet; Bixler, Professional Surveyor, No. Page 474 of the Cuyahoga County Thence North 04° 22' 50" East, 7730 in August 2012. Records, being more definitely 292.58 feet; Bearings are based on Ohio State described as follows; Thence, along the arc of a curve Plane, North Zone NAD83(CORS) Grid Commencing at the intersection of which deflects to the right, 294.67 feet, North. the centerline of Glenview Avenue said curve having a radius of 1875.83 Section 2. That, notwithstanding (40.00 feet wide) and the centerline of feet, a central angle of 09° 00' 02", and and as an exception to the provisions E. 110th Street (60.00 feet wide); a chord of 294.37 feet which bears of Chapters 181 and 183 of the Codi- Thence, along the centerline of E. North 08° 52' 51" East; fied Ordinances of Cleveland, Ohio, 110th Street the following 5 courses; Thence North 13° 22' 52" East, 36.86 1976, it is found and determined that North 00° 33' 45" West, 82.54 feet; feet; the temporary easement interests in Thence North 04° 22' 50" East, Thence, along the arc of a curve the following described properties 292.58 feet; which deflects to the left, 169.39 feet, are not needed for public use: said curve having a radius of 394.74 Thence, along the arc of a curve feet, a central angle of 24° 35' 12", and which deflects to the right, 294.67 feet, DWIRS-T1-1 Temporary Easement a chord of 168.09 feet which bears said curve having a radius of 1875.83 Across Parcel No. 111-03-001 North 01° 05' 16" East; feet, a central angle of 09° 00' 02", and 0.0366 Acres Thence, leaving the centerline of E. a chord of 294.37 feet which bears 110th Street, North 78° 47' 40" East, North 08° 52' 51" East; Situated in the City of Cleveland, 30.00 feet to the easterly right of way County of Cuyahoga and State of Ohio Thence North 13° 22' 52" East, 36.86 of E. 110th Street; and known as being part of Original feet; Thence, along the easterly right of One Hundred Acre Lot No. 356. Also Thence, along the arc of a curve way of E. 110th street, along the arc of being part of the land conveyed to the which deflects to the left, 169.39 feet, a curve which deflects to the left, City of Cleveland as recorded in Vol- said curve having a radius of 394.74 40.37 feet, said curve having a radius ume 3920, Page 107, Volume 3920, feet, a central angle of 24° 35' 12", and of 424.74 feet, a central angle of 05° Page 108 and Volume 6267, Page 88 of a chord of 168.09 feet which bears 26' 44", and a chord of 40.35 feet which the Cuyahoga County Records, being North 01° 05' 16" East; bears North 13° 55' 42" West; more definitely described as follows; Thence, leaving the centerline of E. Thence, leaving the easterly right Commencing at the intersection of 110th Street, North 78° 47' 40" East, of way of E. 110th Street, North 31° 49' the centerline of Glenview Avenue 30.00 feet to the easterly right of way 54" East, 31.40 feet; (40.00 feet wide) and the centerline of of E. 110th Street and the True Point Thence South 58° 10' 32" East, E. 110th Street (60.00 feet wide); of Beginning for the easement herein 150.31 feet; Thence, along the centerline of E. described; Thence South 23° 48' 06" West, 110th Street, North 00° 33' 45" West, Thence, along the easterly right of 211.83 feet; 82.54 feet; way of E. 110th Street, along the arc Thence South 03° 13' 55" East, 54.87 Thence, continuing along the cen- of a curve which deflects to the left, feet; terline of E. 110th Street, North 04° 22' 40.37 feet, said curve having a radius Thence South 48° 03' 09" East, 24.13 50" East, 255.74 feet; of 424.74 feet, a central angle of 05° feet; Thence, leaving the centerline of E. 26' 44", and a chord of 40.35 feet which Thence North 23° 49' 44" East, 13.96 110th Street, South 85° 37' 10" East, bears North 13° 55' 42" West; feet; 30.00 feet to the easterly right of way Thence, leaving the easterly right Thence South 47° 31' 28" East, 13.64 of E. 110th Street; of way of E. 110th Street, North 31° 49' feet to the True Point of Beginning Thence, along the easterly right of 54" East, 31.40 feet; for the easement herein described; way of E. 110th Street, North 04° 22' Thence South 58° 10' 32" East, Thence North 23° 54' 47" East, 50" East, 36.84 feet; 150.31 feet; 468.06 feet; Thence, continuing along the east- Thence South 23° 48' 06" West, Thence North 05° 48' 01" West, 59.42 erly right of way of E. 110th Street, 211.83 feet; feet; along the arc of a curve which Thence South 03° 13' 55" East, 54.87 Thence North 09° 08' 04" East, deflects to the right, 28.63 feet to the feet; 122.78 feet to the southwesterly line of True Point of Beginning for the ease- Thence South 48° 03' 09" East, 24.13 Permanent Easement DEIRS-EA2P ment herein described, said curve feet; as recorded in Instrument No. having a radius of 1845.83 feet, a cen- Thence South 23° 49' 44" West, 10.71 201005040152 of the Cuyahoga County tral angle of 00° 53' 19", and a chord feet; Records; of 28.63 feet which bears North 04° 49' Thence North 47° 31' 28" West, 31.69 Thence, along the southwesterly 30" East; feet; line of Permanent Easement DEIRS- Thence, continuing along the east- Thence North 03° 10' 31" West, EA2P, South 31° 08' 17" East, 30.94 erly right of way of E. 110th Street, 249.17 feet; feet; along the arc of a curve which Thence North 58° 10' 31" West, 33.66 Thence, leaving the southwesterly deflects to the right, 16.73 feet, said feet to the point of beginning. line of Permanent Easement DEIRS- 764 May 8, 2013 The City Record 15

EA2P, South 09° 08' 04" West, 96.55 Thence, leaving the southwesterly Project is completed; that the ease- feet; line of Permanent Easement DEIRS- ments and temporary easements may Thence South 05° 48' 01" East, 67.06 EA2P, South 23° 29' 50" West, 711.61 include reasonable right of entry feet; feet; rights to the City; that the easements Thence South 35° 00' 37" West, 34.61 Thence North 82° 16' 49" West, and temporary easements shall not be feet; 181.70 feet to the point of beginning. assignable without the consent of the Thence South 23° 26' 25" West, Containing within said bounds Director of Public Works; that the 441.64 feet; 1.9259 acres (83,893 square feet) of easements and temporary easements Thence North 47° 31' 28" West, 20.51 land as surveyed by KS Associates, shall require that NEORSD provide feet to the point of beginning. Inc. under the supervision of Trevor reasonable insurance, maintain any Containing within said bounds A. Bixler, Professional Surveyor, No. NEORSD improvements located with- 0.2712 acres (11,815 square feet) of 7730 in August 2012. in the easements and the temporary land as surveyed by KS Associates, Bearings are based on Ohio State easements, and pay any applicable Inc. under the supervision of Trevor Plane, North Zone NAD83(CORS) Grid taxes and assessments. A. Bixler, Professional Surveyor, No. North. Section 6. That the conveyances 7730 in August 2012. referred to above shall be made by Bearings are based on Ohio State DWIRS-T49-1 Temporary Easement official deeds of easement and offi- Plane, North Zone NAD83(CORS) Grid Across Parcel No. 108-13-081 cial deeds of temporary easement pre- North. 0.4371 Acres pared by the Director of Law and exe- cuted by the Director of Public Works DWIRS-T1-4 Temporary Easement Situated in the City of Cleveland, on behalf of the City of Cleveland. Across Parcel No. 111-03-001 County of Cuyahoga and State of Ohio The deeds of easement and the deeds 1.9259 Acres and known as being part of Original of temporary easement shall contain One Hundred Acre Lot No. 362. Also any additional terms and conditions Situated in the City of Cleveland, being part of the land conveyed to the as are required to protect the interest County of Cuyahoga and State of Ohio City of Cleveland as recorded in Vol- of the City. The Directors of Public and known as being part of Original ume 1597, Page 202 of the Cuyahoga Works and Law are authorized to exe- One Hundred Acre Lot No. 356. Also County Records, being more definite- cute any other documents, including being part of the land conveyed to the ly described as follows; without limitation, contracts for City of Cleveland as recorded in Vol- Commencing at the southeast cor- rights of entry, as may be necessary ume 1265, Page 322, Volume 1265, ner of Sublot No. 68 in The Remington to effect the construction of the Dug- Page 326, Volume 1266, Page 281, Vol- Subdivision as recorded in Volume 35, way West Interceptor Relief Sewer ume 3920, Page 107, Volume 3920, Page 29 of the Cuyahoga County Map Project within the properties Page 108 and Volume 6267, Page 88 of Records, said point also being in the described in this ordinance. the Cuyahoga County Records, being northerly right of way of Elk Avenue Section 7. That this ordinance is more definitely described as follows; (40.00 feet wide); declared to be an emergency measure Commencing at the intersection of Thence, along the northerly right of and, provided it receives the affirma- the centerline of Glenview Avenue way of Elk Avenue, North 89° 08' 00" tive vote of two-thirds of all the mem- (40.00 feet wide) and the centerline of East, 41.79 feet, to the True Point of bers elected to Council, it shall take E. 110th Street (60.00 feet wide); Beginning for the easement herein effect and be in force immediately Thence, along the centerline of E. described; upon its passage and approval by the 110th Street, North 00° 33' 45" West, Thence, leaving the northerly right Mayor; otherwise it shall take effect 82.54 feet; of way of Elk Avenue, North 00° 52' and be in force from and after the ear- Thence, continuing along the cen- 00" West, 120.00 feet; liest period allowed by law. terline of E. 110th Street, North 04° 22' Thence North 89° 08' 00" East, Referred to Directors of Public 159.00 feet to the easterly line of said Works, City Planning Commission, 50" East, 255.74 feet; land conveyed to the City of Cleve- Finance, Law; Committees on Public Thence, leaving the centerline of E. land, said point is also the northwest Service, City Planning, Finance. 110th Street, South 85° 37' 10" East, corner of land conveyed to Wells 30.00 feet to the True Point of Begin- Fargo Bank, NA as recorded in Instru- Ord. No. 667-13. ning for the easement herein and the ment No. 200908250509 of the Cuya- By Council Members Brancatelli easterly right of way of E. 110th hoga County Records; and Kelley (by departmental Street; Thence, along the City of Cleve- request). Thence, along the easterly right of land’s easterly line, South 00° 33' 30" An emergency ordinance authoriz- way of E. 110th Street, North East, 120.00 feet to the northerly right ing the Director of Community 04°22'50" East, 24.93 feet; of way of Elk Avenue; Development to enter into an agree- Thence, leaving the easterly right Thence, along the northerly right of ment with Cuyahoga County and/or of way of E. 110th Street, North way of Elk Avenue, South 89° 08' 00" municipalities within Cuyahoga 61°10'16" East, 16.33 feet; West, 158.35 feet to the point of begin- County to provide weatherization Thence North 42°14'14" East, 234.06 ning. assistance; authorizing the Director feet; Containing within said bounds of Community Development to enter Thence North 23° 26' 25" East, 0.4371 acres (19,041 square feet) of into contracts with individual land- 474.82 feet; land as surveyed by KS Associates, lords, tenants, contractors, non-prof- Thence North 35° 00' 37" East, 42.73 Inc. under the supervision of Trevor it organizations, and Cuyahoga feet; A. Bixler, Professional Surveyor, No. County to provide weatherization Thence North 05° 48' 01" West, 74.29 7730 in August 2012. assistance to low-income residents feet; Bearings are based on Ohio State of Cuyahoga County needed to Thence North 09° 08' 04" East, 64.53 Plane, North Zone NAD83(CORS) Grid implement the 2013 Home Weather- feet to the southwesterly line of Per- North. ization Assistance Program. manent Easement DEIRS-EA2P as Section 3. That by and at the direc- Whereas, under Ordinance No. recorded in Instrument No. tion of the Board of Control, the Com- 1591-12, passed December 3, 2012, 201005040152 of the Cuyahoga County missioner of Purchases and Supplies this Council authorized the Director Records; is authorized to convey the above- of Community Development to apply Thence, along the southwesterly described non-exclusive easement for and accept one or more grants line of Permanent Easement DEIRS- interests and the non-exclusive tem- from the State of Ohio, Ohio Devel- EA2P the following 8 courses; porary easements to NEORSD subject opment Services Agency (ODSA) to South 41° 21' 33" East, 37.50 feet; to any conditions stated in this ordi- conduct the 2013 Home Weatheriza- Thence South 21° 03' 27" West, 72.91 nance at a price of $16,525 and other tion Assistance Program (HWAP); feet; valuable considerations, which is and Thence South 68° 56' 33" East, 30.00 determined to be fair market value. Whereas, in an effort to improve feet; Section 4. That the easement and Ohio’s energy strategy for low- to Thence North 21° 03' 27" East, 45.96 temporary easement shall be non- moderate-income families, the ODSA feet; exclusive and the purpose of the ease- issued a new performance-based, Thence South 41° 21' 33" East, 63.08 ments shall be to construct, operate, competitive Request for Proposal feet; and maintain the Dugway West Inter- encouraging collaboration on a Thence South 48° 39' 52" West, ceptor Relief Sewer Project. County-wide basis; and 151.69 feet; Section 5. That the duration of the Whereas, the City of Cleveland, Thence South 41° 20' 08" East, 49.00 easements shall be perpetual; that the Department of Community Develop- feet; duration of the temporary easement ment, Division of Neighborhood Ser- Thence North 48° 39' 52" East, 94.38 shall be 30 months or until the Dug- vices applied for 2013 HWAP funds feet; way West Interceptor Relief Sewer as the lead agency with memoran- 765 16 The City Record May 8, 2013 dum of agreements from four non- and be in force from and after the ear- premier site for the hosting of major profit organizations and Cuyahoga liest period allowed by law. events. County in order to ensure HWAP Referred to Directors of Community Section 2. That the costs of the services would be available through- Development, Finance, Law; Commit- grant shall not exceed an amount of out Cuyahoga County; and tees on Community and Economic $200,000 and shall be paid from Fund Whereas, under Ohio Revised Development, Finance. No. 17 SF 652, RQS 9501, RL 2013-86. Code Section 307.15, the City of Section 3. That the agreement and Cleveland and Cuyahoga County are Ord. No. 668-13. other appropriate documents needed authorized to enter into agreements By Council Members Brancatelli to complete the transaction autho- to render services on behalf of each and Kelley (by departmental rized by this legislation shall be pre- other and the City and County wish request). pared by the Director of Law. to use this authority to provide An emergency ordinance authoriz- Section 4. That this ordinance is HWAP services County-wide; and ing the Director of Economic Devel- declared to be an emergency measure Whereas, under Ohio Revised opment to enter into a grant agree- and, provided it receives the affirma- Code Section 9.482, the City of Cleve- ment with the Greater Cleveland tive vote of two-thirds of all the mem- land and other municipalities are Media Development Corporation dba bers elected to Council, it shall take authorized to enter into agreements Greater Cleveland Film Commission effect and be in force immediately to render services on behalf of each to assist in the operations of the upon its passage and approval by the other; and organization. Mayor; otherwise it shall take effect Whereas, contracts with individ- Whereas, this ordinance consti- and be in force from and after the ear- ual landlords, tenants, contractors, tutes an emergency measure provid- liest period allowed by law. non-profit organizations, and Cuya- ing for the usual daily operation of Referred to Directors of Economic hoga County to provide weatheriza- a municipal department; now, there- Development, Finance, Law; Commit- tion assistance to low-income resi- fore, tees on Community and Economic dents of Cuyahoga County are need- Be it ordained by the Council of Development, Finance. ed to implement the 2013 Home the City of Cleveland: Weatherization Assistance Program; Section 1. That the Director of Ord. No. 670-13. and Economic Development is autho- By Council Members Brancatelli Whereas, this ordinance consti- rized to enter into a grant agree- and Kelley (by departmental tutes an emergency measure provid- ment with the Greater Cleveland request). ing for the usual daily operation of Media Development Corporation dba An emergency ordinance appropri- a municipal department; now, there- Greater Cleveland Film Commission ating settlement funds collected fore, to assist in the operations of the from the various cases prosecuted in Be it ordained by the Council of organization. the Cleveland Municipal Court Hous- the City of Cleveland: Section 2. That the costs of the ing Division for violations of the Section 1. That the Director of grant shall not exceed $200,000 and Cleveland Building Code for purpos- Community Development is autho- shall be paid from Fund No. 17 SF 652, es of demolishing condemned and rized to expend the approximate Request No. RQS 9501, RL 2013-84. blighted structures. amount of $2,353,314, from the State Section 3. That the Director of Law Whereas, the City of Cleveland of Ohio, ODSA, to conduct the 2013 is authorized to prepare the grant entered into Settlement Agreements Home Weatherization Assistance agreement and other documents that in various cases prosecuted in the Program and that up to 5% of the may be appropriate to complete the Cleveland Municipal Court Housing grant amount may be spent for transaction. Division for violations of the City’s administrative costs of the program. Section 4. That this ordinance is Building Code; and Section 2. That the Director of Com- declared to be an emergency measure Whereas, under the Settlement munity Development is authorized to and, provided it receives the affirma- Agreements, Defendants are enter into an agreement, in accor- tive vote of two-thirds of all the mem- required to pay to the City a speci- dance with ORC §307.15, to provide bers elected to Council, it shall take fied amount to be used for the demo- HWAP services throughout Cuya- effect and be in force immediately lition of condemned and blighted hoga County. upon its passage and approval by the properties; and Section 3. That the Director of Com- Mayor; otherwise it shall take effect Whereas, the Director of Building munity Development is authorized to and be in force from and after the ear- and Housing desires to use the enter into contracts with individual liest period allowed by law. funds collected under the Settlement landlords, tenants, contractors, non- Referred to Directors of Economic profit organizations, and Cuyahoga Development, Finance, Law; Commit- Agreements for future demolitions County to provide weatherization tees on Community and Economic of condemned and blighted struc- assistance to low-income residents of Development, Finance. tures; and Cuyahoga County through the 2013 Whereas, this ordinance consti- Home Weatherization Assistance Ord. No. 669-13. tutes an emergency measure provid- Program. By Council Members Brancatelli ing for the usual daily operation of Section 4. That, in the event that the and Kelley (by departmental a municipal department; now, there- County does not enter into the agree- request). fore, ment described in Section 2, in accor- An emergency ordinance authoriz- Be it ordained by the Council of dance with the authority of ORC ing the Director of Economic Devel- the City of Cleveland: §9.482, the Director of Community opment to enter into a grant agree- Section 1. That the settlement Development is authorized to enter ment with The Greater Cleveland funds collected from the various into an agreement with each munici- Sports Commission to provide finan- cases prosecuted in the Cleveland pality within Cuyahoga County that cial assistance to organize and Municipal Court Housing Division wants to obtain HWAP services from administer programs for marketing for violations of the Cleveland the City. the City of Cleveland as a venue for Building Code are appropriated for Section 5. That the agreements and sporting events and to actively mar- the purposes of demolishing con- contracts shall be prepared by the ket the Cleveland Public Hall as a demned and blighted structures pur- Director of Law and shall contain premier site for the hosting of major suant to Section 138.07 of the Codi- such provisions to protect the inter- events. fied Ordinances of Cleveland, Ohio, ests of the City as the Director of Law Whereas, this ordinance consti- 1976. and the Director of Community Devel- tutes an emergency measure provid- Section 2. That the cost of the demo- opment shall require. ing for the usual daily operation of litions conducted under Section 138.07 Section 6. That the costs of these a municipal department; now, there- shall be paid from Fund No. 10 SF 130 contracts and administrative costs fore, to which are credited the proceeds of shall be paid from the fund or funds Be it ordained by the Council of the settlements and from other funds which are credited the grant proceeds the City of Cleveland: appropriated for this purpose. accepted under Ordinance No. 1591-12, Section 1. That the Director of Section 3. That this ordinance is passed December 3, 2012. Economic Development is autho- declared to be an emergency measure Section 7. That this ordinance is rized to enter into a grant agree- and, provided it receives the affirma- declared to be an emergency measure ment with The Greater Cleveland tive vote of two-thirds of all the mem- and, provided it receives the affirma- Sports Commission to provide finan- bers elected to Council, it shall take tive vote of two-thirds of all the mem- cial assistance to organize and effect and be in force immediately bers elected to Council, it shall take administer programs for marketing upon its passage and approval by the effect and be in force immediately the City of Cleveland as a venue for Mayor; otherwise it shall take effect upon its passage and approval by the sporting events and to actively mar- and be in force from and after the ear- Mayor; otherwise it shall take effect ket the Cleveland Public Hall as a liest period allowed by law. 766 May 8, 2013 The City Record 17

Referred to Directors of Building Section 5. That the lease may pro- Cleveland in order to provide pro- and Housing, Finance, Law; Commit- vide for the City’s payment of appro- fessional services necessary to per- tees on Community and Economic priate utility and other operating form a job analysis and to develop, Development, Finance. costs of the leased premises. administer and grade examinations Section 6. That the Director of Pub- for the Divisions of Police and Fire, Ord. No. 671-13. lic Safety is authorized to enter into a Department of Public Safety. By Council Members Conwell and cooperative agreement or agreements The selection of the consultants for Kelley (by departmental request). with Cuyahoga County for the pur- the services shall be made by the An emergency ordinance authoriz- pose of operating the Family Justice Board of Control on the nomination of ing the Director of Public Safety to Center and to accept payment from the Secretary of the Civil Service Com- lease certain property located at the County for its share of the costs of mission from a list of qualified con- 1350 West 3rd Street from Stark the cooperative agreement, which sultants available for employment as 1350, LLC, for the public purpose of payment shall be appropriated for may be determined after a full and operating the Family Justice Center, that purpose if made in advance. complete canvass by the Secretary of for a term of three years, with one Section 7. That the Director is the Civil Service Commission for the option to renew for an additional authorized to enter into agreements purpose of compiling a list. The com- three year period, exercisable by the with other entities for purposes relat- pensation to be paid for the services Director of Public Safety; and autho- ed to the operation of the Family Jus- shall be fixed by the Board of Control. rizing the Director to apply for and tice Center, and is authorized to The contract or contracts authorized accept grants and gifts from any accept funds related to operation, shall be prepared by the Director of public or private entity for the oper- which funds shall be appropriated for Law, approved by the Secretary of the ation of the Family Justice Center. that purpose. Civil Service Commission, and certi- Whereas, the City of Cleveland, Section 8. That the Director of Pub- fied by the Director of Finance. The Department of Public Safety, the lic Safety is authorized to apply for City and the Consultant may enter Cleveland Municipal Court and and accept grants and gifts from pub- into separate contracts for the sepa- Cuyahoga County Public Safety & lic and private entities for the opera- rate phases of the services necessary. Justice Services desire to cooperate tion of the Family Justice Center. The Section 2. That the cost of contract in providing a Family Justice Cen- Director is further authorized to file or contracts authorized shall be paid ter that will serve victims of domes- all papers and execute all documents from Fund No. 01-0108-6320, Request tic violence, sexual assault, child necessary to receive the funds accept- No. RQS 0108, RL 2013-87. abuse, and elder abuse; and ed under this ordinance and, upon Section 3. That this ordinance is Whereas, the model for the Fami- acceptance of the funds by the Direc- declared to be an emergency measure ly Justice Center is designed to tor, they shall be appropriated for the and, provided it receives the affirma- address pitfalls commonly faced by purposes of this ordinance. tive vote of two-thirds of all the mem- victims, including an often frag- Section 9. That the costs of the lease bers elected to Council, it shall take mented assistance system and ser- shall be paid from Fund No. 01-6001- effect and be in force immediately vices offered at the Family Justice 6360, Request No. RQS 6001, RE 2012- upon its passage and approval by the Center will bridge the gap by offer- 2748. Mayor; otherwise it shall take effect ing a more rational, collaborative, Section 10. That the lease shall be and be in force from and after the ear- victim-centered service delivery prepared by the Director of Law and liest period allowed by law. approach with increased data and shall contain any terms and condi- Referred to Secretary of Civil Ser- information sharing capabilities; tions as are required to protect the vice Commission; Directors of and interests of the City. Finance, Law; Committees on Public Whereas, the City of Cleveland Section 11. That the Director of Pub- Safety, Finance. requires certain property located at lic Safety, the Director of Law, and 1350 West 3rd Street for the public other appropriate City officials are Ord. No. 673-13. purpose of operating the Family authorized to execute any other docu- By Council Members Cimperman Justice Center; and ments and certificates, and take any and Kelley (by departmental Whereas, Stark 1350, LLC has pro- other actions which may be necessary request). posed to lease the space to the City or appropriate to effect the lease An emergency ordinance authoriz- of Cleveland; and authorized by this ordinance. ing the Director of Aging to employ Whereas, Cuyahoga County will Section 12. That this ordinance is one or more professional consultants share in the cost of operating the declared to be an emergency measure to provide various services under Family Justice Center; and and, provided it receives the affirma- the Bed Bug Assistance Program, Whereas, this ordinance consti- tive vote of two-thirds of all the mem- for a period of one year. bers elected to Council, it shall take Whereas, this ordinance consti- tutes an emergency measure provid- effect and be in force immediately tutes an emergency measure provid- ing for the usual daily operation of upon its passage and approval by the ing for the usual daily operation of a municipal department; now, there- Mayor; otherwise it shall take effect a municipal department; now, there- fore, and be in force from and after the ear- fore, Be it ordained by the Council of liest period allowed by law. Be it ordained by the Council of the City of Cleveland: Referred to Directors of Public the City of Cleveland: Section 1. That notwithstanding Safety, Finance, Law; Committees on Section 1. That the Director of and as an exception to the provi- Public Safety, Finance. Aging is authorized to employ by sions of Chapters 181 and 183 of the contract or contracts one or more Codified Ordinances of Cleveland, Ord. No. 672-13. consultants or one or more firms of Ohio, 1976, the Director of Public By Council Members Conwell and consultants for the purpose of sup- Safety is authorized to lease from Kelley (by departmental request). plementing the regularly employed Stark 1350, LLC, certain property An emergency ordinance authoriz- staff of the several departments of more fully described as 1350 West ing the Secretary of the Civil Ser- the City of Cleveland in order to pro- 3rd Street, Cleveland, Ohio. vice Commission to employ one or vide professional services necessary Section 2. That the term of the lease more professional consultants to per- to provide eligible City residents authorized by this ordinance shall not form a job analysis and to develop, with bed bug abatement assistance exceed three years, with one option to administer and grade examinations to implement the Bed Bug Assis- renew for an additional three year for the Divisions of Police and Fire, tance Program, as described in File period, exercisable by the Director of Department of Public Safety. No. 673-13-A, including but not lim- Public Safety. Whereas, this ordinance consti- ited to assessments, recommenda- Section 3. That the City’s share of tutes an emergency measure provid- tions, education, extermination ser- the rent for the lease authorized by ing for the usual daily operation of vices, management of extermination this ordinance shall be an annual a municipal department; now, there- services, and other related services, rental of no more than $180,000 for the fore, for a period of one year. initial term and no more than $196,880 Be it ordained by the Council of The selection of the consultants for for the option term, if exercised by the the City of Cleveland: the services shall be made by the director. Section 1. That the Secretary of Board of Control on the nomination of Section 4. That the lease may autho- the Civil Service Commission is the Director of Aging from a list of rize the City to make improvements to authorized to employ by contract or qualified consultants available for the leased premises under terms to be contracts one or more consultants or employment as may be determined determined by the parties to be con- one or more firms of consultants for after a full and complete canvass by sistent with the public purpose or pur- the purpose of supplementing the the Director of Aging for the purpose poses of operating the Family Justice regularly employed staff of the sev- of compiling a list. The compensation Center. eral departments of the City of to be paid for the services shall be 767 18 The City Record May 8, 2013 fixed by the Board of Control. The the Director of Capital Projects from Fund No. 52 SF 001, the fund or funds contract or contracts authorized shall a list of qualified consultants avail- to which are credited any grant pro- be prepared by the Director of Law, able for employment as may be deter- ceeds accepted under this ordinance, approved by the Director of Aging, mined after a full and complete can- the fund or funds to which are credit- and certified by the Director of vass by the Director of Capital Pro- ed the proceeds of the sale of the Finance. jects for the purpose of compiling a bonds authorized by Ordinance No. Section 2. That the cost of the con- list. The compensation to be paid for 580-13, passed April 22, 2013, cash tract or contracts authorized shall be the services shall be fixed by the matches, cash contributions accepted paid from Fund No. 01-0201-6320, Board of Control. The contract or con- and appropriated under this ordi- Request No. RQS 0201, RL 2013-81. tracts shall be prepared by the Direc- nance, any other funds appropriated Section 3. That this ordinance is tor of Law, approved by the Director for this purpose with the approval of declared to be an emergency measure of Capital Projects and certified by the Director of Finance. and, provided it receives the affirma- the Director of Finance. Section 12. That this ordinance is tive vote of two-thirds of all the mem- Section 4. That, under Section 167 of declared to be an emergency measure bers elected to Council, it shall take the Charter of the City of Cleveland, and, provided it receives the affirma- effect and be in force immediately this Council determines to make the tive vote of two-thirds of all the mem- upon its passage and approval by the public improvement as described in bers elected to Council, it shall take Mayor; otherwise it shall take effect this ordinance, for the Office of Capi- effect and be in force immediately and be in force from and after the ear- tal Projects, by one or more contracts upon its passage and approval by the liest period allowed by law. duly let to the lowest responsible bid- Mayor; otherwise it shall take effect Referred to Directors of Aging, der or bidders after competitive bid- and be in force from and after the ear- Finance, Law; Committees on Health ding on a unit basis for the Improve- liest period allowed by law. and Human Services, Finance. ment. Referred to Directors of Capital Section 5. That provided the City Projects, Finance, Law; Committees Ord. No. 674-13. sells the bonds authorized by Ordi- on Public Service, Finance. By Council Members Sweeney, nance No. 580-13, passed April 22, 2013, Miller and Kelley (by departmental the Director of Capital Projects is Ord. No. 675-13. request). authorized to enter into one or more By Council Members Pruitt and An emergency ordinance authoriz- contracts for the making of the public Kelley (by departmental request). ing the Mayor to accept a grant improvement with the lowest respon- An emergency ordinance authoriz- from the Ohio Public Works Com- sible bidder or bidders after competi- ing the purchase by one or more mission for reconstructing Puritas tive bidding on a unit basis for the requirement contracts of labor and Avenue from SR 237 to West 130th Improvement, provided, however, materials necessary to test, fuel, Street; determining the method of that each separate trade and each dis- maintain, refurbish, and repair off- making the public improvement; tinct component part of the Improve- road fossil fuel backup electrical, authorizing the Director of Capital ment may be treated as a separate backup pumping, and backup com- Projects to enter into one or more improvement, and each, or any combi- puter systems, including but not lim- public improvement contracts, con- nation, of the trades or components ited to, providing fuel material, ser- tracts with consultants, and agree- may be the subject of a separate con- vices, emergency fuel deliveries, ments with public and private enti- tract on a unit basis. tank rental, fuel testing, condition- ties; and authorizing the Commis- Section 6. That the Director of Capi- ing, and recycling; and the purchase sioner of Purchases and Supplies to tal Projects is authorized to accept of generators and assorted uninter- acquire, accept, and record for right- cash contributions from public or pri- ruptible electrical systems and cur- of-way purposes any real property vate entities, NEORSD, and GCRTA rent conditioning equipment sys- and easements necessary to make for infrastructure restoration costs tems, including labor and materials the improvement. associated with relocating, rehabili- to maintain, repair, or replace if nec- Whereas, this ordinance consti- tating or reconstructing utility infra- essary; and labor and material to tutes an emergency measure provid- structure for the Improvement and test underground storage tanks; for ing for the usual daily operation of costs associated with implementing the various divisions of the Depart- a municipal department; now, there- green infrastructure features to ment of Public Utilities, for a peri- fore, address combined sewer overflows. od up to two years, with two one- Be it ordained by the Council of That the Director of Capital Projects year options to renew, the first of the City of Cleveland: is authorized to enter into agreements which is exercisable by the Director Section 1. That the Mayor is with the entities for this purpose. of Public Utilities. authorized to accept a grant in the Section 7. That the Director of Capi- Whereas, this ordinance consti- approximate amount up to $3,264,170, tal Projects is authorized to enter into tutes an emergency measure provid- from the Ohio Public Works Com- one or more agreements with private ing for the usual daily operation of mission, acting by and through its utility companies to pay charges for a municipal department; now, there- Director to finance the public the installation of underground lines fore, improvement of reconstructing Puri- in connection with the Improvement. Be it ordained by the Council of tas Avenue from SR 237 to West Section 8. That, notwithstanding the City of Cleveland: 130th Street (the “Improvement”); any provision of the Codified Ordi- Section 1. That the Director of that the Mayor is authorized to file nances of Cleveland, Ohio, 1976, to the Public Utilities is authorized to all papers and execute all docu- contrary, the Commissioner of Pur- make one or more written require- ments necessary to receive the chases and Supplies is authorized to ment contracts under the Charter funds under the grant; and that the acquire, accept, and record for right- and the Codified Ordinances of funds are appropriated for the pur- of-way purposes any real property Cleveland, Ohio, 1976, for the poses described in this ordinance. and easements as is necessary to requirements for a period up to two Section 2. That, provided the City make the improvements described in years, with two one-year options to sells the bonds authorized by Ordi- this ordinance. The consideration to renew, of the necessary items of nance No. 580-13, passed April 22, 2013, be paid for the property and ease- labor and materials necessary to the City of Cleveland is obligated to ments shall not exceed fair market test, fuel, maintain, refurbish, and provide cash matching funds in the value. repair off-road fossil fuel backup amount of the local share. Section 9. That the Director of Capi- electrical, backup pumping, and Section 3. That, provided the City tal Projects is authorized to execute backup computer systems, including sells the bonds authorized by Ordi- on behalf of the City all documents but not limited to, providing fuel nance No. 580-13, passed April 22, 2013, necessary to acquire, accept, and material, services, emergency fuel the Director of Capital Projects is record the property and easements deliveries, tank rental, fuel testing, authorized to employ by contract or and to employ and pay all fees for conditioning, and recycling; and the contracts one or more consultants or title companies, surveys, escrows, purchase of generators and assorted one or more firms of consultants for appraisers, and all other costs neces- uninterruptible electrical systems the purpose of supplementing the reg- sary for the acquisition of the proper- and current conditioning equipment ularly employed staff of the several ty and easements. systems, including labor and mate- departments of the City of Cleveland Section 10. That the Director of Cap- rials to maintain, repair, or replace in order to provide professional ital Projects is authorized to enter if necessary; and labor and materi- design, engineering and construction into any agreements necessary to al to test underground storage services necessary for the Improve- implement the Improvement. tanks; in the approximate amount as ment. Section 11. That the cost of the con- purchased during the preceding The selection of the consultants for tracts, payments, property acquisi- term, to be purchased by the Com- the services shall be made by the tion, cash matches, and other expen- missioner of Purchases and Supplies Board of Control on the nomination of ditures authorized shall be paid from on a unit basis for the various divi- 768 May 8, 2013 The City Record 19 sions of the Department of Public ment contracts for the making of the Permanent Parcel Number 003-23-035 Utilities. The first of the one-year improvement for a period of two 1885 West 25th Street options to renew may be exercised years, with two one-year options to by the Director of Public Utilities, renew, exercisable through addition- Situated in the City of Cleveland, without the necessity of obtaining al legislative authority. County of Cuyahoga, and State of additional authority of this Council. Section 1. That, under Section 167 of Ohio: The second of the one-year options the Charter of the City of Cleveland, And known as being the Northwest- to renew may not be exercised with- this Council determines to make the erly 21.50 feet of Sublot 213 in the Wil- out additional legislative authority. public improvement of repairing or leyville Allotment of part of Original Bids shall be taken in a manner replacing roofs or roof systems for the Brooklyn Township Lots Nos. 69 and that permits an award to be made various divisions of the Department 70, as shown by the recorded plat in for all items as a single contract, or of Port Control, by one or more public Volume 2 of Maps, Page 16 of Cuya- by separate contract for each or any improvement requirement contracts hoga County Records, and being 21.50 combination of the items as the duly let to the lowest responsible bid- feet front on the Northeasterly side of Board of Control determines. Alter- der or bidders on a unit basis for the West 25th Street (formerly Pearl nate bids for a period less than the improvement. Street) and extending back of equal specified term may be taken if Section 2. That the existing title width 156.75 feet as appears by said desired by the Commissioner of Pur- and Section 1 of Ordinance No. 956-11, plat, be the same more or less, but sub- chases and Supplies until provision passed August 17, 2011, as amended ject to all legal highways. is made for the requirements for the by Ordinance No. 1050-12, passed Section 2. That by and at the direc- entire term. August 8, 2012, are repealed. tion of the Board of Control, the Com- Section 2. That the costs of the con- Section 3. That this ordinance is missioner of Purchases and Supplies tract or contracts shall be charged declared to be an emergency measure is authorized to sell the above- against the proper appropriation and, provided it receives the affirma- described property to the Redeveloper accounts and the Director of Finance tive vote of two-thirds of all the mem- at a price not less than fair market shall certify the amount of any pur- bers elected to Council, it shall take value as determined by the Board of chase under the contract, each of effect and be in force immediately Control, taking into account all which purchases shall be made on upon its passage and approval by the restrictions, reversionary interests order of the Commissioner of Pur- Mayor; otherwise it shall take effect and similar encumbrances as may be chases and Supplies by a delivery and be in force from and after the ear- placed by the City of Cleveland in the order issued against the contract or liest period allowed by law. deed of conveyance and the grant of contracts and certified by the Direc- Referred to Directors of Port Con- pedestrian easement rights to City of tor of Finance. (RQN 2002, RL 2013-11) trol, Finance, Law; Committees on Cleveland. Section 3. That under Section 108(b) Aviation and Transportation, Section 3. That the purchase pay- of the Charter, the purchases autho- Finance. ment will be deposited into Fund No. rized by this ordinance may be made 14. through cooperative arrangements Ord. No. 677-13. Section 4. That notwithstanding with other governmental agencies. By Council Members Miller, Cleve- and as an exception to the Codified The Director of Public Utilities may land and Kelley(by departmental Ordinances of Cleveland, Ohio, 1976, sign all documents that are necessary request). for the public purpose of providing to make the purchases, and may enter An emergency ordinance authoriz- pedestrian access in the redevelop- into one or more contracts with the ing the Commissioner of Purchases ment area the Commissioner of Pur- vendors selected through that cooper- and Supplies to sell City-owned prop- chases and Supplies is authorized to ative process. erty no longer needed for public use acquire certain right-of-way ease- Section 4. That this ordinance is and located at 1885 West 25th Street ment interests at no cost to the City in declared to be an emergency measure to 1889 West 25th Street, Ltd., or its and to the premises substantially and, provided it receives the affirma- designee; and authorizing accepting being the Northerly 7 feet of PPN 003- tive vote of two-thirds of all the mem- an 8.5 foot easement interest from 23-035 and the Southerly 1.5 feet of bers elected to Council, it shall take 1889 West 25th Street, or its Gould Court, upon vacation of Gould effect and be in force immediately designee, for the public purpose of Court by City of Cleveland, and being upon its passage and approval by the pedestrian access. Mayor; otherwise it shall take effect Whereas, the Director of Capital together 8.5 feet frontage on the and be in force from and after the ear- Projects has requested the sale of Northeasterly side of West 25th Street liest period allowed by law. City-owned property located at 1885 (formerly Pearl Street) and extend- Referred to Directors of Public Util- West 25th Street to 1889 West 25th ing back of equal width approximate- ities, Finance, Law; Committees on Street Ltd., or its designee (the ly 156.75 feet to West 24th Place. Public Utilities, Finance. “Redeveloper”), for redevelopment Section 5. That the Director of Capi- purposes and such property is not tal Projects is authorized to execute Ord. No. 676-13. needed for the City’s public use; and on behalf of the City all documents by Council Members Keane and Whereas, 1889 West 25th Street necessary to acquire certain rights in Kelley (by departmental request). Ltd., or its designee, is required by and to the property. An emergency ordinance to amend the Director of Capital Projects to Section 6. That the conveyance the title and Section 1 of Ordinance grant easement rights needed for shall be made by official deed pre- No. 956-11, passed August 17, 2011, as pedestrian access in the redevelop- pared by the Director of Law and exe- amended by Ordinance No. 1050-12, ment area; and cuted by the Director of Capital Pro- passed August 8, 2012, relating to Whereas, this sale is part of a jects on behalf of the City of Cleve- the public improvement by require- larger redevelopment effort for W. land. The deed shall contain neces- ment contract of repairing or replac- 25th Street and Gould Court which sary provisions, including restrictive ing roofs or roof systems, for the plan has been memorialized in a reversionary interests as may be spec- Department of Port Control. Memorandum of Understanding ified by the Board of Control or Direc- Whereas, this ordinance consti- which is substantially in the form tor of Law, which shall protect the tutes an emergency measure provid- of the agreement placed in File No. parties as their respective interests ing for the usual daily operation of 677-13-A and is the basis of City’s require and shall specifically contain a municipal department; now, there- agreement to sell this land; and a provision against the erection of fore, Whereas, this ordinance consti- any advertising signs or billboards Be it ordained by the Council of tutes an emergency measure provid- except permitted identification signs. the City of Cleveland: ing for the usual daily operation of Section 7. That the Director of Capi- Section 1. That the title and Sec- a municipal department; now, there- tal Projects is authorized to enter into tion 1 of Ordinance No. 956-11, fore, one or more agreements necessary to passed August 17, 2011, as amended Be it ordained by the Council of effectuate the real estate transac- by Ordinance No. 1050-12, passed the City of Cleveland: tions authorized in this ordinance. August 8, 2012, are amended to read Section 1. That notwithstanding Section 8. That this ordinance is as follows: and as an exception to the provi- declared to be an emergency measure An Emergency Ordinance determin- sions of Chapter 181 and 183 of the and, provided it receives the affirma- ing the method of making the public Codified Ordinances of Cleveland, tive vote of two-thirds of all the mem- improvement of repairing or replac- Ohio, 1976, it is found and deter- bers elected to Council, it shall take ing roofs or roof systems for the vari- mined that the property located 1885 effect and be in force immediately ous divisions of the Department of West 25th Street, Permanent Parcel upon its passage and approval by the Port Control; authorizing the Director No. 003-23-035, is no longer needed Mayor; otherwise it shall take effect of Port Control to enter into one or for the City’s public use and and be in force from and after the ear- more public improvement require- described as follows: liest period allowed by law. 769 20 The City Record May 8, 2013

Referred to Directors of Capital Whereas, in connection with the such related documents and instru- Projects, City Planning Commission, issuance of the Original TIF Bonds, ments by such officers. Finance, Law; Committees on Public the Cleveland-Cuyahoga County Port The Mayor, the Director of Econom- Service, City Planning, Finance. Authority, the Summit County Port ic Development, the Director of Authority, the State of Ohio acting Finance, the Clerk, the Director of Ord. No. 678-13. through the Treasurer of State and Law and other City officials are By Council Members Brancatelli the Department of Development, the authorized to sign and deliver and and Kelley (by departmental Developer, Fed/Main Street LLC, accept delivery of such instruments, request). U.S. Bank National Association, as certificates and documents as shall be An emergency ordinance authoriz- SCPABF Trustee, The Huntington necessary or appropriate to consum- ing the City’s delivery of its written National Bank, as POCBF Trustee, mate the transactions authorized by consent to the amendment of a TIF The Huntington National Bank, as this Ordinance. Declaration and a Disbursing Agree- OEBF Trustee and The Huntington Section 3. Open Meeting Determina- ment, each originally entered into in National Bank, as Disbursing Agent tion. It is hereby found and deter- connection with the Flats Phase I entered into that certain Disbursing mined that all formal actions of this Project, in order to permit the and Payment Agreement dated as of Council and of any of its committees financing of additional improve- December 1, 2010 (the “Disbursing concerning and relating to the pas- ments relating to the Flats Phase II Agreement”); and sage of this Ordinance were taken, Project, and authorizing related Whereas, Section 7.4 of the Dis- and that all deliberations of this matters. bursing Agreement requires the con- Council and any of its committees Whereas, the City entered into a sent of the City to any amendments that resulted in these formal actions Project Development Agreement to Article IV of the Disbursing were held, in meetings open to the with the Cleveland-Cuyahoga Coun- Agreement; and public in compliance with all legal ty Port Authority and Flats East Whereas, the Developer has now requirements, including, without lim- Development LLC (the “Developer”) requested the consent of the City to itation, Section 121.22 of the Ohio on May 22, 2006 (the “Development make certain amendments to each of Revised Code. Agreement”) relating to the devel- the TIF Declaration and the Dis- Section 4. Findings and Recitals of opment of certain permanent bursing Agreement, including Arti- Validity. It is hereby found and deter- improvements in the City of Cleve- cle IV, in order to permit the mined and is hereby represented and land known as the Flats East Bank issuance of additional bonds by the recited, that all applicable provisions (the “Flats East Bank Development Cleveland-Cuyahoga County Port of the City’s Charter and the rules of Project”); and Authority (the “Additional TIF this Council have been fully complied Whereas, this Council passed Ordi- Bonds”) to be secured by the with and this Ordinance was passed nance No. 1379-09 on October 5, 2009 PILOTs and paid from PILOTs in conformity therewith. declaring improvements to certain remaining after payment of debt Section 5. Severability. Each sec- tion and each part of each section of real property (the “TIF Property”) service on the Original TIF Bonds, this Ordinance is hereby declared to to be a public purpose and exempt the proceeds of such Additional TIF be an independent section or part of a from real property taxation for 30 Bonds to be used by Developer to section and, notwithstanding any years beginning in tax year 2009, finance additional improvements other evidence of legislative intent, it and providing for annual service relating to Phase II of the Flats is hereby declared to be the control- payments in lieu of taxes (the East Bank Development Project; “PILOTs”) with respect to the TIF ling legislative intent that if any such and Property (the “TIF Ordinance”); and section or part of a section or any pro- Whereas, the authorization for Whereas, in connection with the vision thereof, or the application such consents is urgently needed for Flats East Bank Development Pro- thereof to any person or circum- the benefit of the City in order to ject, this Council passed Ordinance stance, is held to be invalid, the provide for the improvement of the No. 1758-09, effective on December 7, remaining sections or parts of sec- Flats East Bank neighborhood, and 2009 (the “Authorizing Ordinance”), tions and the application of such pro- as a result, this Ordinance consti- providing for the execution and visions to any other person or circum- tutes an emergency measure provid- delivery of a Cooperative Agreement stance, other than those as to which it by and among the Cleveland-Cuya- ing for the immediate preservation is held invalid, shall not be affected hoga County Port Authority, the of the public peace, property, health thereby, and it is hereby declared to Summit County Port Authority, the and safety; now, therefore, be the legislative intent that the other City, the Developer, Fed/Main Street Be it ordained by the Council of provisions of this Ordinance would LLC, the State of Ohio acting the City of Cleveland: have been passed independently of through the Treasurer of State and Section 1. Determinations by Coun- such section, or parts of a section, so the Department of Development, cil. This Council finds and deter- held to be invalid. The Huntington National Bank and mines that (a) the financing of Section 6. Legislative Intent. All U.S. Bank National Association (the Phase II of the Flats East Bank terms, conditions, pledges, covenants “TIF Cooperative Agreement”) as Development Project will promote or agreements on the part of the City well as such related instruments, economic recovery and job creation provided for in this Ordinance are certificates and documents as were within the City of Cleveland and (b) made by the voluntary act of the City necessary or appropriate to consum- it is necessary, proper and in the under its lawful authority, including mate the transactions authorized by best interest of the City to authorize its authority under its Charter and such Authorizing Ordinance and the the City’s delivery of its written con- Article XVIII of the Constitution of TIF Cooperative Agreement in con- sent to the amendments to the TIF Ohio. nection with the issuance of three Declaration and the Disbursing Section 7. Emergency Measure. series of tax-exempt recovery zone Agreement as requested by Devel- This Ordinance is declared to be an facility bonds (the “Original TIF oper to effectuate the issuance of emergency measure for the immedi- Bonds”), all in connection with the the Additional TIF Bonds (collec- ate preservation of the public peace, financing of costs of Phase I of the tively, the “Consents”). property, health and safety of the City Flats East Bank Development Pro- Section 2. Authorization of Consent by providing funds to pay the costs of ject; and Documents; Additional Documents. In certain permanent improvements Whereas, in connection with the order to provide for the financing of which are urgently needed for the issuance of the Original TIF Bonds, Phase II, the City now determines it is benefit of the City and for the usual Flats East Development LLC and appropriate to execute and deliver its daily operation of a municipal depart- FED/Main Street LLC executed that written Consents, together with such ment, and, provided this Ordinance certain Mortgage and Declaration of other documents and instruments as receives the affirmative vote of two- Covenants and Conditions Relative necessary or desirable, to effectuate thirds of all members elected to Coun- to Service Payments in Lieu of such changes to the TIF Declaration cil, it shall take effect and be in force Taxes (the “TIF Declaration”); and and the Disbursing Agreement as are immediately upon its passage and Whereas, Section 2.8 of the TIF not adverse to the City, as may be approval by the Mayor; otherwise it Cooperative Agreement provides approved by the officer signing the shall take effect and be in force from that the TIF Declaration and the same on behalf of the City The deter- and after the earliest date allowed by covenants contained therein are mination by those officers that the law. specifically enforceable by the City Consents and related documents and Referred to Directors of Economic by mandatory injunction or any instruments are not adverse to the Development, Finance, Law; Commit- other remedy at law or in equity; City shall be conclusively evidenced tees on Community and Economic and by the signing of the Consents and Development, Finance. 770 May 8, 2013 The City Record 21

Ord. No. 689-13. No. PS 2011-96 with OshKosh Corpo- Be it ordained by the Council of By Council Members Keane and ration to provide technical and gen- the City of Cleveland: Kelley (by departmental request). eral training and development con- Section 1. That the Director of An emergency ordinance authoriz- tent, activities, and programs in sup- Port Control is authorized to exer- ing the Director of Port Control to port of employee performance and cise the first option to renew Con- exercise the first option to renew professional development programs tract No. PS 2011-140 for an addi- Contract No. PS 2011-89 with Pure- at Cleveland Hopkins International tional year at a cost not to exceed works, Inc., dba PureSafety to pro- Airport and Burke Lakefront Air- $7,000 with Evaluation Personnel vide technical and general training port; and Selection International, Inc. to pro- and development content, activities, Whereas, Ordinance No. 1404-07 vide technical and general training and programs in support of employ- requires further legislation before and development content, activities, ee performance and professional exercising the first option to renew and programs in support of employ- on this contract; and development programs at Cleveland ee performance and professional Hopkins International Airport and Whereas, this ordinance consti- development programs at Cleveland Burke Lakefront Airport. tutes an emergency measure provid- Hopkins International Airport and Whereas, under the authority of ing for the usual daily operation of Burke Lakefront Airport. This ordi- Ordinance No. 1404-07, passed a municipal department; now, there- nance constitutes the additional leg- November 12, 2007, the Director of fore, Port Control entered into Contract Be it ordained by the Council of islative authority required by Ordi- No. PS 2011-89 with Pureworks, Inc., the City of Cleveland: nance No. 1404-07 to exercise this dba PureSafety to provide technical Section 1. That the Director of option. (RQS 3001, RL 2013-88) and general training and develop- Port Control is authorized to exer- Section 2. That this ordinance is ment content, activities, and pro- cise the first option to renew Con- declared to be an emergency measure grams in support of employee per- tract No. PS 2011-96 for an addition- and, provided it receives the affirma- formance and professional develop- al year at a cost not to exceed tive vote of two-thirds of all the mem- ment programs at Cleveland Hop- $10,373 with OshKosh Corporation to bers elected to Council, it shall take kins International Airport and provide technical and general train- effect and be in force immediately Burke Lakefront Airport; and ing and development content, activ- upon its passage and approval by the Whereas, Ordinance No. 1404-07 ities, and programs in support of Mayor; otherwise it shall take effect requires further legislation before employee performance and profes- and be in force from and after the ear- exercising the first option to renew sional development programs at liest period allowed by law. on this contract; and Cleveland Hopkins International Referred to Directors of Port Con- Whereas, this ordinance consti- Airport and Burke Lakefront Air- trol, Finance, Law; Committees on tutes an emergency measure provid- port. This ordinance constitutes the Aviation and Transportation, additional legislative authority ing for the usual daily operation of Finance. a municipal department; now, there- required by Ordinance No. 1404-07 to fore, exercise this option. (RQS 3001, RL 2013-90) Ord. No. 692-13. Be it ordained by the Council of By Council Members Pruitt and the City of Cleveland: Section 2. That this ordinance is declared to be an emergency measure Kelley (by departmental request). Section 1. That the Director of An emergency ordinance authoriz- Port Control is authorized to exer- and, provided it receives the affirma- tive vote of two-thirds of all the mem- ing the Director of Public Utilities cise the first option to renew Con- bers elected to Council, it shall take to employ one or more professional tract No. PS 2011-89 for an addition- effect and be in force immediately consultants to assess security sys- al year at a cost not to exceed upon its passage and approval by the tems and network security systems, $24,500 with Pureworks, Inc., dba Mayor; otherwise it shall take effect processes, and policies, to recom- PureSafety to provide technical and and be in force from and after the ear- mend improvements, to design the general training and development liest period allowed by law. accepted recommendations, to content, activities, and programs in Referred to Directors of Port Con- acquire any programs, and for train- support of employee performance trol, Finance, Law; Committees on and professional development pro- ing, support, and maintenance; Aviation and Transportation, determining the method of making grams at Cleveland Hopkins Inter- Finance. national Airport and Burke Lake- the public improvement of imple- front Airport. This ordinance consti- menting any accepted recommended Ord. No. 691-13. improvements; and authorizing the tutes the additional legislative By Council Members Keane and Director to enter into one or more authority required by Ordinance No. Kelley (by departmental request). public improvement contracts for 1404-07 to exercise this option. (RQS An emergency ordinance authoriz- 3001, RL 2013-89) ing the Director of Port Control to the making of the improvements; Section 2. That this ordinance is exercise the first option to renew and authorizing one or more require- declared to be an emergency measure Contract No. PS 2011-140 with Eval- ment contracts for hardware, soft- and, provided it receives the affirma- uation Personnel Selection Interna- ware, computer supplies, and other tive vote of two-thirds of all the mem- tional, Inc. to provide technical and necessary supplies, equipment, and bers elected to Council, it shall take general training and development services necessary to implement the effect and be in force immediately content, activities, and programs in accepted improvements to the City’s upon its passage and approval by the support of employee performance security systems and network secu- Mayor; otherwise it shall take effect and professional development pro- rity systems, processes, and policies, and be in force from and after the ear- grams at Cleveland Hopkins Inter- for a period of three years with two liest period allowed by law. national Airport and Burke Lake- one-year options to renew, exercis- Referred to Directors of Port Con- front Airport. able by the Director. trol, Finance, Law; Committees on Whereas, under the authority of Whereas, this ordinance consti- Aviation and Transportation, Ordinance No. 1404-07, passed tutes an emergency measure provid- Finance. November 12, 2007, the Director of ing for the usual daily operation of Port Control entered into Contract a municipal department; now, there- Ord. No. 690-13. No. PS 2011-140 with Evaluation Per- fore, By Council Members Keane and sonnel Selection International, Inc. Be it ordained by the Council of Kelley (by departmental request). to provide technical and general the City of Cleveland: An emergency ordinance authoriz- training and development content, Section 1. That the Director of ing the Director of Port Control to activities, and programs in support Public Utilities is authorized to exercise the first option to renew of employee performance and pro- employ by contract or contracts one Contract No. PS 2011-96 with fessional development programs at OshKosh Corporation to provide Cleveland Hopkins International or more consultants or one or more technical and general training and Airport and Burke Lakefront Air- firms of consultants for the purpose development content, activities, and port; and of supplementing the regularly programs in support of employee Whereas, Ordinance No. 1404-07 employed staff of the several depart- performance and professional devel- requires further legislation before ments of the City of Cleveland in opment programs at Cleveland Hop- exercising the first option to renew order to provide professional ser- kins International Airport and on this contract; and vices necessary to assess security Burke Lakefront Airport. Whereas, this ordinance consti- systems and network security sys- Whereas, under the authority of tutes an emergency measure provid- tems, processes, and policies, to rec- Ordinance No. 1404-07, passed ing for the usual daily operation of ommend improvements, to design November 12, 2007, the Director of a municipal department; now, there- the accepted recommendations, to Port Control entered into Contract fore, acquire any programs, and for train- 771 22 The City Record May 8, 2013 ing, support, and maintenance for a trol determines. Alternate bids for a Section 3. That this ordinance is period of three years with an option period less than the specified term declared to be an emergency measure to renew for two-one year periods, may be taken if desired by the Com- and, provided it receives the affirma- exercisable by the Director of Pub- missioner of Purchases and Supplies tive vote of two-thirds of all the mem- lic Utilities. until provision is made for the bers elected to Council, it shall take The selection of the consultants for requirements for the entire term. effect and be in force immediately the services shall be made by the Section 6. That the costs of the con- upon its passage and approval by the Board of Control on the nomination of tract or contracts shall be charged Mayor; otherwise it shall take effect the Director of Public Utilities from a against the proper appropriation and be in force from and after the ear- list of qualified consultants available accounts and the Director of Finance liest period allowed by law. for employment as may be determined shall certify the amount of any pur- Referred to Directors of Port Con- after a full and complete canvass by chase under the contract, each of trol, Finance, Law; Committees on the Director of Public Utilities for the which purchases shall be made on Aviation and Transportation, purpose of compiling a list. The com- order of the Commissioner of Pur- Finance. pensation to be paid for the services chases and Supplies by a delivery shall be fixed by the Board of Control. order issued against the contract or Ord. No. 696-13. The contract or contracts authorized contracts and certified by the Direc- By Council Members Keane and shall be prepared by the Director of tor of Finance. Kelley (by departmental request). Law, approved by the Director of Pub- Section 7. That under Section 108(b) An emergency ordinance authoriz- lic Utilities, and certified by the of the Charter, the purchases autho- ing the Director of Port Control to Director of Finance. rized by this ordinance may be made exercise the first option to renew Section 2. That, under Section 167 of through cooperative arrangements Contract No. PS 2011-268 with The the Charter of the City of Cleveland, with other governmental agencies. Center for Families and Children to this Council determines to make the The Director of Public Utilities may provide technical and general train- public improvement of implementing sign all documents that are necessary ing and development content, activ- the recommended improvements, to make the purchases, and may enter ities, and programs in support of including installation of recommend- into one or more contracts with the employee performance and profes- ed equipment/material for the vendors selected through that cooper- sional development programs at Department of Public Utilities, by one ative process. Cleveland Hopkins International or more contracts duly let to the low- Section 8. That the cost of the Airport and Burke Lakefront Air- improvement and other expenditures est responsible bidder or bidders after port. authorized shall be paid from Fund competitive bidding for a gross price Whereas, under the authority of Nos. 52 SF 001, 52 SF 013, 54 SF 001, 54 for the improvement. Ordinance No. 1404-07, passed SF 013, 58 SF 001, and 58 SF 013, Section 3. That the Director of Pub- November 12, 2007, the Director of Request No. RQS 2002, RL 2013-98. lic Utilities is authorized to enter into Port Control entered into Contract Section 9. That this ordinance is one or more contracts for the making No. PS 2011-268 with The Center for declared to be an emergency measure of the public improvement with the Families and Children to provide and, provided it receives the affirma- lowest responsible bidder or bidders technical and general training and tive vote of two-thirds of all the mem- after competitive bidding for a gross bers elected to Council, it shall take development content, activities, and price for the improvement, provided, effect and be in force immediately programs in support of employee however, that each separate trade upon its passage and approval by the performance and professional devel- and each distinct component part of Mayor; otherwise it shall take effect opment programs at Cleveland Hop- the improvement may be treated as a and be in force from and after the ear- kins International Airport and separate improvement, and each, or liest period allowed by law. Burke Lakefront Airport; and any combination, of the trades or com- Referred to Directors of Public Util- Whereas, Ordinance No. 1404-07 ponents may be the subject of a sepa- ities, Finance, Law; Committees on requires further legislation before rate contract for a gross price. On Public Utilities, Finance. exercising the first option to renew request of the director, the contractor on this contract; and shall furnish a correct schedule of Ord. No. 695-13. Whereas, this ordinance consti- unit prices, including profit and over- By Council Members Keane and tutes an emergency measure provid- head, for all items constituting units Kelley (by departmental request). ing for the usual daily operation of of the improvement. An emergency ordinance to amend a municipal department; now, there- Section 4. That the Director of Pub- Section 1 of Ordinance No. 817-12, fore, lic Utilities is authorized to apply and passed June 4, 2012, relating to exer- Be it ordained by the Council of pay for permits, licenses, or other cising the first option to renew Con- the City of Cleveland: authorizations required by any regu- tract No. PS 2010-255 with Inland Section 1. That the Director of latory agency or public authority to Waters of Ohio to provide profes- Port Control is authorized to exer- permit performance of the work sional services to perform profes- cise the first option to renew Con- authorized by this ordinance. sional spent aircraft deicing fluid tract No. PS 2011-268 for an addi- Section 5. That the Director of Pub- management services at Cleveland tional year at a cost not to exceed lic Utilities is authorized to make one Hopkins International Airport. $31,000 with The Center for Families or more written requirement con- Whereas, this ordinance consti- and Children to provide technical tracts under the Charter and the Codi- tutes an emergency measure provid- and general training and develop- fied Ordinances of Cleveland, Ohio, ing for the usual daily operation of ment content, activities, and pro- 1976, for the requirements for a period a municipal department; now, there- grams in support of employee per- of three years with two one-year fore, formance and professional develop- options to renew, exercisable by the Be it ordained by the Council of ment programs at Cleveland Hop- Director, of the necessary items of the City of Cleveland: kins International Airport and hardware, software not obtained Section 1. That Section 1 of Ordi- Burke Lakefront Airport. This ordi- under Section 1 of this ordinance, com- nance No. 817-12, passed June 4, 2012, nance constitutes the additional leg- puter supplies, and other necessary is amended to read as follows: islative authority required by Ordi- supplies, equipment, and services to Section 1. That the Director of Port nance No. 1404-07 to exercise this implement the accepted improve- Control is authorized to exercise the option. (RQS 3001, RL 2013-105) ments to the City’s security systems first option to renew Contract No. PS Section 2. That this ordinance is and network security systems, 2010-255 for an additional one year declared to be an emergency measure processes, and policies, including but with Inland Waters of Ohio to provide and, provided it receives the affirma- not limited to cameras, gates, and professional services to perform pro- tive vote of two-thirds of all the mem- other security improvements, in the fessional spent aircraft deicing fluid bers elected to Council, it shall take approximate amount as purchased management services at Cleveland effect and be in force immediately during the preceding term, to be pur- Hopkins International Airport. This upon its passage and approval by the chased by the Commissioner of Pur- ordinance constitutes the additional Mayor; otherwise it shall take effect chases and Supplies on a unit basis legislative authority required by and be in force from and after the ear- for the Department of Public Utilities. Ordinance No. 446-10 to exercise this liest period allowed by law. Bids shall be taken in a manner that option. (RQS 3001, RL 2012-77 and Referred to Directors of Port Con- permits an award to be made for all RQS 3001, RL 2013-100) trol, Finance, Law; Committees on items as a single contract, or by sepa- Section 2. That existing Section 1 of Aviation and Transportation, rate contract for each or any combina- Ordinance No. 817-12, passed June 4, Finance. tion of the items as the Board of Con- 2012, is repealed. 772 May 8, 2013 The City Record 23

Ord. No. 700-13. professional services contract autho- one option to renew for an additional By Council Members Keane and rized in Section 1 of this ordinance, to five-year period, exercisable by the Kelley (by departmental request). be purchased by the Commissioner of Director of Port Control. Either party An emergency ordinance authoriz- Purchases and Supplies on a unit shall have the right to terminate the ing the Director of Port Control to basis, for the Department of Port Con- lease for development purposes upon employ one or more professional trol. the later of one year or the end of the consultants to implement a vehicle Section 3. That under Section 108(b) next National Football League sea- driver safety monitoring system, of the Charter, the purchases autho- son. including a safety management sys- rized by this ordinance may be made Section 3. That the rent for the tem database, safety equipment, sup- through cooperative arrangements Leased Premises shall be a daily port services, and training and with other governmental agencies. rental rate of $479.86 which is deter- maintenance; and authorizing one or The Director of Port Control may sign mined to be fair market value. more requirement or standard con- all documents that are necessary to Section 4. That the lease may autho- tracts for materials, equipment, sup- make the purchases, and may enter rize the Browns to make improve- plies, and services, needed to imple- into one or more contracts with the ments to the Leased Premises subject ment the project, if not provided vendors selected through that cooper- to the approval of appropriate City under the professional services con- ative process. agencies and officials. tract; for a period of one year with Section 4. That the cost of the con- Section 5. That the lease shall be three one-year options to renew, the tract or contracts authorized shall be prepared by the Director of Law. second of which would require addi- paid from Fund No. 60 SF 001, Request Section 6. That this ordinance is tional legislative authority. No. RQS 3001, RL 2013-104. declared to be an emergency measure Whereas, this ordinance consti- Section 5. That this ordinance is and, provided it receives the affirma- tutes an emergency measure provid- declared to be an emergency measure tive vote of two-thirds of all the mem- ing for the usual daily operation of and, provided it receives the affirma- bers elected to Council, it shall take a municipal department; now, there- tive vote of two-thirds of all the mem- effect and be in force immediately fore, bers elected to Council, it shall take upon its passage and approval by the Be it ordained by the Council of effect and be in force immediately Mayor; otherwise it shall take effect the City of Cleveland: upon its passage and approval by the and be in force from and after the ear- Section 1. That the Director of Mayor; otherwise it shall take effect liest period allowed by law. Port Control is authorized to employ and be in force from and after the ear- Referred to Directors of Port Con- by contract or contracts one or more liest period allowed by law. trol, Finance, Law; Committees on consultants or one or more firms of Referred to Directors of Port Con- Aviation and Transportation, consultants for the purpose of sup- trol, Finance, Law; Committees on Finance. plementing the regularly employed Aviation and Transportation, staff of the several departments of Finance. Ord. No. 702-13. By Council Members Keane and the City of Cleveland in order to pro- Kelley (by departmental request). vide professional services necessary Ord. No. 701-13. An emergency ordinance authoriz- to implement a vehicle driver safe- By Council Members Keane and ing the Director of Port Control to ty monitoring system, including a Kelley (by departmental request). enter into one or more contracts safety management system data- An emergency ordinance authoriz- without competitive bidding with base, safety equipment, support ser- ing the Director of Port Control to ARCONAS Corporation for the pur- vices, and training and maintenance lease Docks 28B, 30, and 32, exclud- chase of labor and materials needed for a period of one year with three ing the warehouses on Docks 30 and to install power outlets and USB one-year options to renew. The first 32, to the Cleveland Browns Stadium ports, for the convenience of the of the one-year options to renew Company LLC for surface parking traveling public in order to recharge may be exercised by the Director of and staging special event program- phones, computer, and other elec- Port Control, without the necessity ming for ten Cleveland Browns tronic devices, including mainte- of obtaining additional authority of home games, any NFL playoff nance, repair, and inspection, for the this Council. The second of the one- games and up to nine other events Division of Cleveland Hopkins Inter- year options to renew may not be a year, for a period of five years national Airport, Department of Port exercised without additional legisla- with one option to renew for an Control, for a period of one year, tive authority. If such additional additional five year period, exercis- with three one-year options to legislative authority is granted and able by the Director of Port Control. renew, the second of which would the second of the one-year options to Whereas, the City of Cleveland require additional legislative renew is exercised, then the third of owns Docks 28B, 30, and 32, which, authority. the one-year options to renew may excluding the warehouses on Docks Whereas, this ordinance consti- be exercisable at the option of the 30 and 32, are no longer needed for tutes an emergency measure provid- Director of Port Control, without the the City’s public use: and ing for the usual daily operation of necessity of obtaining additional Whereas, the Cleveland Browns a municipal department; now, there- authority of this Council. Stadium Company LLC (“Browns”) fore, The selection of the consultants for has proposed to lease Docks 28B, 30, Be it ordained by the Council of the services shall be made by the and 32, excluding the warehouses on the City of Cleveland: Board of Control on the nomination of Docks 30 and 32, for surface park- Section 1. That this Council deter- the Director of Port Control from a ing and staging special event pro- mines that the within commodities list of qualified consultants available gramming for ten Cleveland Browns are non-competitive and cannot be for employment as may be determined home games, any NFL playoff secured from any source other than after a full and complete canvass by games and up to nine other events ARCONAS Corporation. Therefore the Director of Port Control for the a year; and the Director of Port Control is purpose of compiling a list. The com- Whereas, this ordinance consti- authorized to make one or more pensation to be paid for the services tutes an emergency measure provid- written contracts with ARCONAS shall be fixed by the Board of Control. ing for the usual daily operation of Corporation on the basis of its pro- The contract or contracts authorized a municipal department; now, there- posal dated May 3, 2013, in the total shall be prepared by the Director of fore, sum of $150,000, for labor and mate- Law, approved by the Director of Port Be it ordained by the Council of rials needed to install power outlets Control, and certified by the Director the City of Cleveland: and USB ports, for the convenience of Finance. Section 1. That notwithstanding of the traveling public in order to Section 2. That the Director of Port and as an exception to the provi- recharge phones, computer, and Control is authorized to make one or sions of Chapters 181 and 183 of the other electronic devices, including more written standard purchase Codified Ordinances of Cleveland, maintenance, repair, and inspection, and/or written requirement purchase Ohio, 1976, the Director of Port Con- to be purchased by the Commission- contracts under the Charter and the trol is authorized to lease to the er of Purchases and Supplies, for the Codified Ordinances of Cleveland, Browns, Docks 28B, 30, and 32, Division of Cleveland Hopkins Inter- Ohio, 1976, for the one-year period for excluding the warehouses on Docks national Airport, Department of Port each or all of the following items: 30 and 32 (“Leased Premises”) for Control, for a period of one year, safety equipment, including but not surface parking and staging special with three one-year options to limited to, vehicle camera equipment, event programming for ten Cleve- renew. The first of the one-year personal protective equipment, labor land Browns home games, any NFL options to renew may be exercised and materials to install, and other playoff games and up to nine other by the Director of Port Control, materials, equipment, supplies, and events a year. without the necessity of obtaining services needed to implement this Section 2. That the term of the lease additional authority of this Council. ordinance and not provided under a shall be for a period of five years with The second of the one-year options 773 24 The City Record May 8, 2013 to renew may not be exercised with- Section 2. That the cost of the con- rially changed without additional leg- out additional legislative authority. tract shall not exceed $247,997.50 and islative authority. If such additional legislative author- shall be paid from Fund No. 60 SF 001, Section 3. That notwithstanding ity is granted and the second of the RQS 3001, RL 2013-79. and as an exception to the provisions one-year options to renew is exer- Section 3. That this ordinance is of Chapters 181 and 183 of the Codi- cised, then the third of the one-year declared to be an emergency measure fied Ordinances of Cleveland, Ohio, options to renew may be exercisable and, provided it receives the affirma- 1976, the Director of Port is autho- at the option of the Director of Port tive vote of two-thirds of all the mem- rized to lease to Parker Hannifin the Control, without the necessity of bers elected to Council, it shall take property upon which is situated the obtaining additional authority of effect and be in force immediately new corporate aviation facility which this Council. The contract or con- upon its passage and approval by the is the subject of the development tracts authorized shall be paid from Mayor; otherwise it shall take effect agreement authorized in this ordi- Fund Nos. 60 SF 001, 60 SF 104, 60 and be in force from and after the ear- nance, for a period not to exceed thir- SF 106, 60 SF 112, 60 SF 114, 60 SF liest period allowed by law. ty years. 115, 60SF 116, 60 SF 117, 60 SF 119, Referred to Directors of Port Con- Section 4. That the property autho- 60SF 121, 60 SF 122, 60 SF 126, 60 SF trol, Finance, Law; Committees on rized by this ordinance shall be 128, 60 SF 130, 60 SF 141, 60 SF 160, Aviation and Transportation, leased at fair market value estab- and from the fund or funds to which Finance. lished under an independent are credited passenger facility appraisal conducted by a MAI certi- charges if authorized for this pur- Ord. No. 704-13. fied appraiser. The base rent deter- pose, and the fund or funds to which By Council Members Keane and mined by the appraiser will be subject are credited any grants received for Kelley (by departmental request). to the Consumer Price Index increas- this purpose, Request No. RQS 3001, An emergency ordinance authoriz- es every five (5) years for the dura- RL 2013-101. ing the Director of Port Control to tion of the term commencing on the Section 2. That this ordinance is enter into a development agreement fifth anniversary of the effective date declared to be an emergency measure with Parker Hannifin, or its of the lease, exclusive of utilities. and, provided it receives the affirma- designee, for the construction of a Section 5. That the lease may autho- tive vote of two-thirds of all the mem- new corporate aviation facility at rize the Lessee to make improve- bers elected to Council, it shall take ments to the leased premises subject effect and be in force immediately Cleveland Hopkins International Airport; and authorizing the Direc- to the approval of appropriate City upon its passage and approval by the agencies and officials. tor of Port Control to enter into a Mayor; otherwise it shall take effect Section 6. That the lease shall be new lease for a period up to thirty and be in force from and after the ear- prepared by the Director of Law. years and enter into a month-to- liest period allowed by law. Section 7. That the Director of Port month extension of Parker Han- Referred to Directors of Port Con- Control, the Director of Law, and nifin’s existing lease under Contract trol, Finance, Law; Committees on other appropriate City officials are No. 32713 for a period not to exceed Aviation and Transportation, authorized to execute any other docu- one year after it terminates on Finance. ments and certificates, and take any December 2014. other actions which may be necessary Ord. No. 703-12. Whereas, Parker Hannifin desires or appropriate to effect the lease By Council Members Keane and to construct a new 45,000 square foot authorized by this ordinance. Kelley (by departmental request). corporate aviation facility at Cleve- Section 8. That the Director of Port An emergency ordinance authoriz- land Hopkins International Airport; Control is authorized to extend the ing the Director of Port Control to and term of Contract No. 32713 with Park- enter into a written contract with Whereas, under Lease Agreement er Hannifin, on a month-to-month Shelley Company for the urgent No. 32713, Parker Hannifin is cur- basis for a period not to exceed one repairs performed in June 2012 to rently leasing a 26,112 square foot year after their current agreement pavement surfaces on Runway hangar located at Cleveland Hop- terminates in December 2014. 6L/24R necessary to maintain com- kins International Airport until Section 9. That the Director of Port pliance with FAA regulatory man- December 2014; and Control is authorized to enter into one dates. Whereas, Parker Hannifin will or more agreements necessary to Whereas, the Department of Port relocate to the new facility when it implement this ordinance. Control entered into a requirements is completed and after the current Section 10. That this ordinance is contract with Shelley Company, agreement terminates in December under the authority of Ordinance declared to be an emergency measure 2014; and and, provided it receives the affirma- No.1930-07, passed by the Council on Whereas, in the event that the December 10, 2007 for the require- tive vote of two-thirds of all the mem- new facility is not completed by ments of asphalt for runways, taxi- bers elected to Council, it shall take December 2014, a month-to-month ways, ramps and roadways, includ- effect and be in force immediately interim extension of the Parker ing labor and material, for repair upon its passage and approval by the and installation; and Hannifin lease under Lease Agree- Mayor; otherwise it shall take effect Whereas, after expiration of the ment No. 32713 will be necessary and be in force from and after the ear- contract, necessary repairs to the until they can vacate the existing liest period allowed by law. pavement surfaces on Runway facility and relocate to the new Referred to Directors of Port Con- 6L/24R were needed in order to facility; and trol, Finance, Law; Committees on maintain compliance with FAA reg- Whereas, upon relocation, the City Aviation and Transportation, ulatory mandates; and and Parker Hannifin desire a thir- Finance. Whereas, Shelley Company was ty-year lease of the new facility; and available to perform the urgent, spe- Whereas, this ordinance consti- Ord. No. 705-13. cialized pavement management and tutes an emergency measure provid- By Council Members Miller and Kel- repair services, under the compre- ing for the usual daily operation of ley (by departmental request). hensive pavement management pro- a municipal department; now, there- An emergency ordinance deter- gram in order to meet the safety fore, mining the method of making the requirements under FAA regulations Be it ordained by the Council of public improvement of repairing and and maintain a safe operating envi- the City of Cleveland: constructing roadways, bus pads, ronment for aircraft operating at Section 1. That notwithstanding sidewalks, driveway aprons, curbs, Cleveland Hopkins Airport; and and as an exception to any section curb ramps, brick streets, and appur- Whereas, this ordinance consti- of the Codified Ordinances of Cleve- tenances and authorizing the Direc- tutes an emergency measure provid- land, Ohio, 1976, the Director of Port tor of Capital Projects to enter into ing for the usual daily operation of Control is authorized to enter into a one or more public improvement a municipal department; now, there- development agreement with the requirement contracts for the mak- fore, Parker Hannifin, for the construc- ing of the improvement, for a one Be it ordained by the Council of tion of new Corporate Aviation year period. the City of Cleveland: Facilities at Cleveland Hopkins Whereas, this ordinance consti- Section 1. That the Director of International Airport. tutes an emergency measure provid- Port Control is authorized to enter Section 2. That the development ing for the usual daily operation of into a written contract with Shelley agreement, File No. 704-13-A, made a a municipal department; now, there- Company for the urgent repairs per- part of this ordinance as if fully fore, formed in June 2012 to pavement rewritten, as presented to the Finance Be it ordained by the Council of surfaces on Runway 6L/24R neces- Committee of this Council at the pub- the City of Cleveland: sary to maintain compliance with lic hearing on this legislation, is Section 1. That, under Section 167 FAA regulatory mandates. approved in all respects and not mate- of the Charter of the City of Cleve- 774 May 8, 2013 The City Record 25 land, this Council determines to ural hazard mitigation plan; and Whereas, this ordinance consti- make the public improvement of Whereas, the Disaster Mitigation tutes an emergency measure provid- repairing and constructing road- Act of 2000 also requires communi- ing for the usual daily operation of ways, bus pads, sidewalks, driveway ties to review and revise the plan at a municipal department; now, there- aprons, curbs, curb ramps, brick least every five (5) years to reflect fore streets, and appurtenances, for the changes in development, progress in Be it ordained by the Council of Division of Engineering and Con- local mitigation efforts, and changes the City of Cleveland: struction, Office of Capital Projects, in priorities, in order to continue eli- Section 1. That the title and Sec- by one or more public improvement gibility to apply for federal mitiga- tions 3 and 7 of Ordinance No. 663- requirement contracts duly let to the tion programs; and 10, passed May 17, 2010, are amend- lowest responsible bidder or bidders Whereas, the all-natural hazard ed to read as follows: on a unit basis for the improvement. mitigation plan must meet the cri- An Emergency Ordinance giving Section 2. That, provided the City teria established by the Federal consent of the City of Cleveland to the sells the bonds authorized by Ordi- Emergency Management Agency Director of Transportation of the nance No. 580-13, passed April 22, 2013, (“FEMA”); and State of Ohio for the rehabilitation of the Director of Capital Projects is Whereas, for disasters that are the Lake Avenue and West 76th Street authorized to make one or more writ- declared after November 1, 2004 that pedestrian tunnels; authorizing the ten requirement contracts under the the local government must have an Director of Capital Projects to enter Charter and the Codified Ordinances approved mitigation plan; and into any relative agreements; autho- of Cleveland, Ohio, 1976, for the Whereas, in collaboration with rizing the Director to apply for accept requirements for a one year period for participating jurisdictions, the Cuya- and cash gifts or grants received from the making of the above public hoga County Government, through any public or private entity, including improvement with the lowest respon- the Cuyahoga County Office of a grant from LAND Studio; and caus- sible bidder or bidders after competi- Emergency Management developed ing payment of the City’s share to the tive bidding on a unit basis for the and maintains such a mitigation State for the cost of the improvement. improvement for a period not to plan which is entitled the “County- Section 3. That the Director of Capi- exceed the specified term, purchased wide All Natural Hazards Mitigation tal Projects is authorized to enter into by the Commissioner of Purchases Plan for Cuyahoga County”; and one or more agreements with the and Supplies on a unit basis for the Whereas, each jurisdiction State necessary to complete the plan- Division of Engineering and Con- requesting approval of the plan ning and construction of the Improve- struction, Office of Capital Projects. must document that the plan has ment, which agreements shall contain Bids shall be taken in a manner that been formally adopted; and terms and conditions that the Director permits an award to be made for all Whereas, adoption of the “County- of Law determines shall best protect items as a single contract, or by sepa- wide All Hazards Mitigation Plan” the public interest. rate contract for each or any combina- is a condition of eligibility to Section 7. That this Council autho- tion of the items as the Board of Con- receive federal mitigation funds rizes payment to the State of the trol determines. Alternate bids for a available through the Federal Emer- City’s share of the Improvement from period less than the specified term gency Management Agency; and Fund Nos. 20 SF 504, 20 SF 508, 20 SF may be taken if desired by the Com- Whereas, this resolution consti- 516, 52 SF 001, from the fund or funds missioner of Purchases and Supplies tutes an emergency measure provid- to which are credited any cash gifts until provision is made for the ing for the usual daily operation of or grants received under this ordi- requirements for the entire term. nance, including a grant in the a municipal department; now, there- Section 3. That the costs of the con- amount of $5,000 from LAND Studio fore, tract or contracts shall be paid from for the purposes of this ordinance, Be it resolved by the Council of the fund or funds to which are credit- Request No. RQA 4004 RL 2010-114. the City of Cleveland: ed the proceeds of the sale of bonds Section 2. That the existing title Section 1. That this Council authorized by Ordinance No. 580-13, and Sections 3 and 7 of Ordinance No. approves the adoption of the County- passed April 22, 2013, if the City sells 663-10, passed May 17, 2010, are wide All Natural Hazards Mitigation such bonds, and shall be charged repealed. against the proper appropriation Plan for Cuyahoga County, 2011 Section 3. That Ordinance No. 663- accounts and the Director of Finance Update. 10, passed May 17, 2010, is supple- shall certify the amount of any pur- Section 2. That the Clerk of Council mented by enacting new Section 5a to chase under the contract, each of is directed to transmit a copy of this read as follows: which purchases shall be made on resolution to State Hazard Mitigation Section 5a. That the Director of Cap- order of the Commissioner of Pur- Planner of Ohio Emergency Manage- ital Projects is authorized to apply for chases and Supplies by a delivery ment Agency Dean W. Ervin, Sr., and accept any gifts or grants for this order issued against the contract or Emergency Management Agency, purpose from any public or private contracts and certified by the Direc- 2855 West Dublin – Granville Road, entity; and that the Director is autho- tor of Finance. (RQN 4004, RL 2013-24) Columbus, Ohio 43244-2055. rized to file all papers and execute all Section 4. That this ordinance is Section 3. That this resolution is documents necessary to receive the declared to be an emergency measure declared to be an emergency measure funds under the grant; and that the and, provided it receives the affirma- and, provided it receives the affirma- funds are appropriated for the pur- tive vote of two-thirds of all the mem- tive vote of two-thirds of all the mem- poses described in this ordinance. bers elected to Council, it shall take bers elected to Council, it shall take Section 5b. That the Director of Cap- effect and be in force immediately effect and be in force immediately ital Projects is authorized to apply for upon its passage and approval by the upon its adoption and approval by the and accept a grant in the amount of Mayor; otherwise it shall take effect Mayor; otherwise it shall take effect $5,000, from LAND Studio for the reha- and be in force from and after the ear- and be in force from and after the ear- bilitation of the Lake Avenue and liest period allowed by law. liest period allowed by law. West 76th Street pedestrian tunnels; Referred to Directors of Capital Referred to Directors of Public that the Director is authorized to file Projects, Finance, Law; Committees Safety, Finance, Law; Committees on all papers and execute all documents on Public Service, Finance. Public Safety, Finance. necessary to receive the funds under the grant; and that the funds are FIRST READING EMERGENCY FIRST READING EMERGENCY appropriated for the purposes RESOLUTION REFERRED ORDINANCES READ IN FULL described in this ordinance. AND PASSED Section 4. That this ordinance is Res. No. 679-13. declared to be an emergency measure By Council Members Conwell and Ord. No. 680-13. and, provided it receives the affirma- Kelley (by departmental request). By Council Members Zone, Miller tive vote of two-thirds of all the mem- An emergency resolution approv- and Kelley (by departmental bers elected to Council, it shall take ing the adoption of the Countywide request). effect and be in force immediately All Natural Hazards Mitigation Plan An emergency ordinance to amend upon its passage and approval by the for Cuyahoga County, 2011 Update. the title and Sections 3 and 7 of Mayor; otherwise it shall take effect Whereas, hazard mitigation is any Ordinance No. 663-10, passed May 17, and be in force from and after the ear- sustainable action taken to reduce 2010, and to supplement the ordi- liest period allowed by law. or eliminate damage from future nance by adding new Sections 5a Motion to suspend rules, Charter, disaster; and and 5b relating to applying and and statutory provisions and place on Whereas, the Disaster Mitigation accepting funds from public or pri- final passage. Act of 2000 requires all communities vate entities for the rehabilitation of The rules were suspended. Yeas 18. that desire to apply for federal mit- the Lake Avenue and West 76th Nays 0. Read second time. Read third igation programs to have an all-nat- Street pedestrian tunnels. time in full. Passed. Yeas 18. Nays 0. 775 26 The City Record May 8, 2013

Ord. No. 681-13. Section 4. That this ordinance is Whereas, this ordinance consti- By Council Members Brancatelli, hereby declared to be an emergency tutes an emergency measure provid- Cimperman and Cleveland. measure and, provided it receives the ing for the usual daily operation of An emergency ordinance amend- affirmative vote of two-thirds of all a municipal department; now, there- ing Section 1 of Ordinance No. 373- the members elected to Council, it fore 13 passed March 18, 2013 as it per- shall take effect and be in force imme- Be it ordained by the Council of tains to the Broadway School of diately upon its passage and approval the City of Cleveland: Music and Arts for the Fine Arts by the Mayor; otherwise it shall take Section 1. That pursuant to Sec- Program through the use of effect and be in force from and after tion 411.06 of the Codified Ordi- Ward(s) 12, 3 and 5 Neighborhood the earliest period allowed by law. nances of Cleveland, Ohio 1976, this Equity Funds. Motion to suspend rules, Charter, Council consents to and approves Whereas, this ordinance consti- and statutory provisions and place on the holding of the Northeast Ohio tutes an emergency measure provid- final passage. Kidney Walk, on June 9, 2013, start: ing for the usual daily operation of The rules were suspended. Yeas 18. Great Lakes Science Center, a municipal department; now, there- Nays 0. Read second time. Read third Erieside to West 3rd; West 3rd to Al fore time in full. Passed. Yeas 18. Nays 0. Lerner Way; Al Lerner Way to Be it ordained by the Council of Erieside; Erieside to East 9th; cross the City of Cleveland: Ord. No. 706-13. East 9th to North Marginal; North Section 1. That Section 1 of Ordi- By Council Member Cimperman. Marginal to Burke Airport Loop; nance No. 373-13 passed March 18, An emergency ordinance consent- Burke Airport Loop to North Mar- 2013 is hereby amended to read as ing and approving the issuance of a ginal; North Marginal to East 9th; follow: permit for the American Lung Asso- East 9th to Voinovich Park; turn Section 1. That the Director of the ciation Walk, on May 18, 2013, spon- around East 9th to Erieside to Great Department of Community Develop- sored by the American Lung Asso- Lake Science Center-finish line; pro- ment is authorized to enter into an ciation. vided that the applicant sponsor agreement effective January 2, 2013 Whereas, this ordinance consti- shall meet all the requirements of with the Broadway School of Music tutes an emergency measure provid- Section 411.05 of the Codified Ordi- and Arts for the Fine Arts Program ing for the usual daily operation of nances of Cleveland, Ohio, 1976. for providing music education to low a municipal department; now, there- Streets may be closed as determined and moderate income students resid- fore by the Chief of Police and safety ing in the city of Cleveland through Be it ordained by the Council of forces as may be necessary in order the use of Ward(s) 12, 3, and 5 Neigh- the City of Cleveland: to protect the participants in the borhood E2quity Funds. Section 1. That pursuant to Sec- event. Said permit shall further pro- Section 2. That Section 1 of Ordi- tion 411.06 of the Codified Ordi- vide that the City of Cleveland shall nance No. 373-13 passed March 18, 2013 nances of Cleveland, Ohio 1976, this be fully indemnified from any and is hereby repealed. Council consents to and approves all liability resulting from the Section 3. That this ordinance is the holding of the American Lung issuance of the same, to the extent hereby declared to be an emergency Association Walk, on May 18, 2013, and in form satisfactory to the measure and, provided it receives the start: Jacobs Pavillion, Syracuse to Director of Law. rds of all affirmative vote of two-thi Main Ave.; Main Ave to Center St.; Section 2. That this ordinance is the members elected to Council, it Center St. to Merwin Ave.; Merwin hereby declared to be an emergency shall take effect and be in force imme- Ave. through City Park to W. St. measure and, provided it receives the diately upon its passage and approval Clair Ave.; W. St. Clair Ave.; to W. affirmative vote of two-thirds of all by the Mayor; otherwise it shall take 6th St.; W. 6th St. to W. Superior the members elected to Council, it effect and be in force from and after Ave.; W. Superior Ave. to W. 3rd St.; shall take effect and be in force imme- the earliest period allowed by law. W. 3rd St. to W. Lakeside Ave.; W. diately upon its passage and approval Motion to suspend rules, Charter, Lakeside to W. 6th St.; W. 6th St. to by the Mayor; otherwise, it shall take and statutory provisions and place on W. St. Clair Ave.; W. St. Clair Ave.; effect and be in force from and after final passage. to City Park; City Park to Merwin the earliest period allowed by law. The rules were suspended. Yeas 18. Ave.; Merwin Ave.; to Center St.; Motion to suspend rules, Charter, Nays 0. Read second time. Read third Center St. to Washington Ave.; time in full. Passed. Yeas 18. Nays 0. Washington Ave. to Jacobs Pavil- and statutory provisions and place on lion; provided that the applicant final passage. Ord. No. 693-13. sponsor shall meet all the require- The rules were suspended. Yeas 18. By Council Member Reed. ments of Section 411.05 of the Codi- Nays 0. Read second time. Read third An emergency ordinance authoriz- fied Ordinances of Cleveland, Ohio, time in full. Passed. Yeas 18. Nays 0. ing the Director of the Department 1976. Streets may be closed as deter- of Community Development to enter mined by the Chief of Police and Ord. No. 708-13. into an agreement with Mt. Pleasant safety forces as may be necessary By Council Member Cimperman. Community Zone for the Health and in order to protect the participants An emergency ordinance consent- Human Services Community Fair in the event. Said permit shall fur- ing and approving the issuance of a through the use of Ward 2 Neigh- ther provide that the City of Cleve- permit for the Winking Lizard Shot borhood Capital Funds. land shall be fully indemnified from in the Dark Walk/Run, on July 20, Whereas, this ordinance consti- any and all liability resulting from 2013, sponsored by the Hermes tutes an emergency measure provid- the issuance of the same, to the Sports & Events, Inc. ing for the usual daily operation of extent and in form satisfactory to Whereas, this ordinance consti- a municipal department; now, there- the Director of Law. tutes an emergency measure provid- fore Section 2. That this ordinance is ing for the usual daily operation of Be it ordained by the Council of hereby declared to be an emergency a municipal department; now, there- the City of Cleveland: measure and, provided it receives the fore Section 1. That the Director of the affirmative vote of two-thirds of all Be it ordained by the Council of Department of Community Develop- the members elected to Council, it the City of Cleveland: ment is authorized to enter into an shall take effect and be in force imme- Section 1. That pursuant to Sec- agreement effective March 1, 2013 diately upon its passage and approval tion 411.06 of the Codified Ordi- with the Mt. Pleasant Community by the Mayor; otherwise, it shall take nances of Cleveland, Ohio 1976, this Zone for the Health and Human Ser- effect and be in force from and after Council consents to and approves vices Community Fair for the pub- the earliest period allowed by law. the holding of the Winking Lizard lic purpose of providing health edu- Motion to suspend rules, Charter, Shot in the Dark Walk/Run, on July cation and health screenings to city and statutory provisions and place on 20, 2013, start: 4 Mile: Huron to of Cleveland residents through the final passage. Ontario; Ontario to Carnegie; use of Ward 2 Neighborhood Capital The rules were suspended. Yeas 18. Carnegie to Lorain; Lorain to Ful- Funds. Nays 0. Read second time. Read third ton; Fulton to West 28th; West 28th Section 2. That the cost of said con- time in full. Passed. Yeas 18. Nays 0. to Detroit; Detroit to Superior; Supe- tract shall be in an amount not to rior to Huron; Huron to East 4th-- exceed $20,000 and shall be paid from Ord. No. 707-13. finish line; 2 Mile Walk: Huron Fund No. 10 SF 177. By Council Member Cimperman. across Ontario to Superior; Superior Section 3. That the Director of Law An emergency ordinance consent- across Veterans Memorial Bridge to shall prepare and approve said con- ing and approving the issuance of a West 25th; turn around return same tract and that the contract shall con- permit for the Northeast Ohio Kid- route to finish line—East 4th; pro- tain such terms and provisions as he ney Walk, on June 9, 2013, spon- vided that the applicant sponsor deems necessary to protect the City’s sored by the National Kidney Foun- shall meet all the requirements of interest. dation. Section 411.05 of the Codified Ordi- 776 May 8, 2013 The City Record 27 nances of Cleveland, Ohio, 1976. Whereas, this ordinance consti- alternate member, to hear and deter- Streets may be closed as determined tutes an emergency measure provid- mine all written objections filed by the Chief of Police and safety ing for the usual daily operation of under the law to the estimated assess- forces as may be necessary in order a municipal department; now, there- ments for each of the respective to protect the participants in the fore assessment areas heretofore filed event. Said permit shall further pro- Be it ordained by the Council of with the Clerk of this Council under vide that the City of Cleveland shall the City of Cleveland: Resolution No. 271-13, adopted March be fully indemnified from any and Section 1. That, notwithstanding 25, 2013, by this Council. all liability resulting from the and as an exception to the Codified Section 2. That the assessment issuance of the same, to the extent Ordinances of the City of Cleveland, equalization board shall meet begin- and in form satisfactory to the 1976, the name of the concession ning at 9:00 a.m. on Tuesday, May 28, Director of Law. stand at Maplewood Park shall be 2013, at Cleveland City Hall, 601 Lake- Section 2. That this ordinance is the “Martin J. Sweeney Concession side Avenue, Room 518, for the pur- hereby declared to be an emergency Stand” and that the Director of Pub- poses mentioned above, and on com- measure and, provided it receives the lic Works is authorized and direct- pletion of the hearing and any affirmative vote of two-thirds of all ed to take the necessary action to adjournments, shall report its recom- the members elected to Council, it affect said naming and to post the mendations, including any changes shall take effect and be in force imme- proper signs at said concession which should be made in the estimat- diately upon its passage and approval stand. ed assessments for each assessment by the Mayor; otherwise, it shall take Section 2. That this ordinance is area, to this Council. effect and be in force from and after hereby declared to be an emergency Section 3. That the Clerk of Council the earliest period allowed by law. measure and, provided it receives the is authorized and directed to notify, Motion to suspend rules, Charter, affirmative vote of two-thirds of all by certified mail, each person who and statutory provisions and place on the members elected to Council, it has filed timely written objection to final passage. shall take effect and be in force imme- the estimated assessments of the time The rules were suspended. Yeas 18. diately upon its passage and approval and place of the hearing of the assess- Nays 0. Read second time. Read third by the Mayor; otherwise it shall take ment equalization boards. time in full. Passed. Yeas 18. Nays 0. effect and be in force from and after Section 4. That this resolution is the earliest period allowed by law. declared to be an emergency measure Ord. No. 709-13. Motion to suspend rules, Charter, and, provided it receives the affirma- By Council Member Polensek. and statutory provisions and place on An emergency ordinance consent- tive vote of two-thirds of all the mem- final passage. bers elected to Council, it shall take ing and approving the issuance of a The rules were suspended. Yeas 18. permit for the Escape on the Lake effect and be in force immediately Nays 0. Read second time. Read third upon its adoption and approval by the Run, on July 13, 2013, sponsored by time in full. Passed. Yeas 18. Nays 0. Hermes Sports & Events, Inc. Mayor; otherwise it shall take effect and be in force from and after the ear- Whereas, this ordinance consti- FIRST READING EMERGENCY tutes an emergency measure provid- liest period allowed by law. RESOLUTIONS READ IN FULL ing for the usual daily operation of Motion to suspend rules, Charter AND ADOPTED a municipal department; now, there- and statutory provisions and place fore on final adoption. Res. No. 682-13. Be it ordained by the Council of The rules were suspended. Yeas By Council Members Westbrook, the City of Cleveland: 18. Nays 0. Read third time in full. Miller and Kelley. Section 1. That pursuant to Sec- Adopted. Yeas 18. Nays 0. tion 411.06 of the Codified Ordi- An emergency resolution appoint- ing an assessment equalization nances of Cleveland, Ohio 1976, this Res. No. 683-13. board to hear objections to estimat- Council consents to and approves By Council Member Zone. ed assessments with respect to the holding of the Escape on the An emergency resolution object- improving Clifton Boulevard from Lake Run, on July 13, 2013, start: ing to a New C1 Liquor Permit at West 115th Street to Lake Avenue Lakeshore & East 185th; Lakeshore 5110 Clark Avenue. by relaying and repairing side- to Schenely; Schenely to Dorchester; Whereas, Council has been noti- Dorchester to Neff; Neff into State walks, including adjustments of castings, if necessary, encroaching fied by the Department of Liquor park; turn around at Park, return Control of an application for a New same route to finish line; provided upon the public right-of-way. Whereas, under Resolution No. C1 Liquor Permit at Tuhin, Inc., 5110 that the applicant sponsor shall Clark Avenue, Cleveland, Ohio 44102, meet all the requirements of Section 271-13, adopted March 25, 2013, this Council declared the necessity of Permit Number 9089530; and 411.05 of the Codified Ordinances of Whereas, the granting of this Cleveland, Ohio, 1976. Streets may be improving Clifton Boulevard from application for a liquor permit to closed as determined by the Chief of West 115th Street to Lake Avenue this high crime area, which is Police and safety forces as may be by relaying and repairing side- already saturated with other liquor necessary in order to protect the walks, including adjustments of participants in the event. Said per- castings, if necessary, encroaching outlets, is contrary to the best inter- mit shall further provide that the upon the public right-of-way; and ests of the entire community; and City of Cleveland shall be fully Whereas, under the above resolu- Whereas, the applicant does not indemnified from any and all liabil- tion the estimated assessments for qualify to be a permit holder and/or ity resulting from the issuance of the improvement have been pre- has demonstrated that he has oper- the same, to the extent and in form pared and placed on file in the ated his liquor business in disregard satisfactory to the Director of Law. office of the Clerk of this Council; of the laws, regulations or local Section 2. That this ordinance is and ordinances of this state or any other hereby declared to be an emergency Whereas, notice of the passage of state; and measure and, provided it receives the the resolution and of the filing of Whereas, the place for which the affirmative vote of two-thirds of all the estimated assessments have permit is sought has not conformed the members elected to Council, it been duly served on all property to the building, safety or health shall take effect and be in force imme- owners to be assessed in the man- requirements of the governing body diately upon its passage and approval ner provided by law; and of this County or City; and by the Mayor; otherwise, it shall take Whereas, written objection to the Whereas, the place for which the effect and be in force from and after estimated assessments may be filed permit is sought is so arranged or the earliest period allowed by law. by one or more property owners; and constructed that law enforcement Motion to suspend rules, Charter, Whereas, this resolution consti- officers or agents of the Department and statutory provisions and place on tutes an emergency measure provid- of Liquor Control are prevented rea- final passage. ing for the usual daily operation of sonable access to the establishment; The rules were suspended. Yeas 18. a municipal department; now, there- and Nays 0. Read second time. Read third fore, Whereas, the place for which the time in full. Passed. Yeas 18. Nays 0. Be it resolved by the Council of permit is sought is so located with the City of Cleveland: respect to the neighborhood that it Ord. No. 711-13. Section 1. That Mary P. Denihan, substantially interferes with public By Council Members Keane, K. Edward J. Kostyo, and Jacqueline decency, sobriety, peace or good Johnson, Cleveland and Kelley. Henderson three disinterested free- order; and An emergency ordinance to name holders of the City, are appointed as Whereas, this objection is based the concession stand at Maplewood assessment equalization boards for on other legal grounds as set forth Park the “Martin J. Sweeney Con- the assessment and Eugene Molton, a in Revised Code Section 4303.292; cession Stand”. disinterested freeholder, is appointed and 777 28 The City Record May 8, 2013

Whereas, this resolution consti- Whereas, this objection is based affirmative vote of two-thirds of all tutes an emergency measure provid- on other legal grounds as set forth the members elected to Council, it ing for the immediate preservation in Revised Code Section 4303.292; shall take effect and be in force imme- of the public peace, prosperity, safe- and diately upon its adoption and ty and welfare pursuant to Section Whereas, this resolution consti- approval by the Mayor; otherwise, it 4303.26 of the Ohio Revised Code. tutes an emergency measure provid- shall take effect and be in force from Council’s objection to said permit ing for the immediate preservation and after the earliest period allowed must be received by the Director of of the public peace, prosperity, safe- by law. Liquor Control within 30 days of ty and welfare pursuant to Section Motion to suspend rules, Charter notification; now, therefore, 4303.26 of the Ohio Revised Code. and statutory provisions and place Be it resolved by the Council of Council’s objection to said permit on final adoption. the City of Cleveland: must be received by the Director of The rules were suspended. Yeas Section 1. That Council does hereby Liquor Control within 30 days of 18. Nays 0. Read third time in full. record its objection to a New C1 notification; now, therefore, Adopted. Yeas 18. Nays 0. Liquor Permit at Tuhin, Inc., 5110 Be it resolved by the Council of Clark Avenue, Cleveland, Ohio 44102, the City of Cleveland: Res. No. 686-13. Permit Number 9089530, and requests Section 1. That Council does hereby By Council Member Pruitt. the Director of Liquor Control to set a record its objection to a New C1 An emergency resolution with- hearing for said application in accor- Liquor Permit at Tuhin, Inc., 5110 drawing objection to the renewal of dance with provisions of Section Clark Avenue, Cleveland, Ohio 44102, a D5 Liquor Permit at 13411 Miles 4303.26 of the Revised Code of Ohio. Permit Number 9089530, and requests Avenue and repealing Resolution Section 2. That the Clerk of Council the Director of Liquor Control to set a No. 1094-12, objecting to said renew- be and she is hereby directed to trans- hearing for said application in accor- al. mit two certified copies of this resolu- dance with provisions of Section Whereas, Council has been noti- tion, together with two copies of a let- 4303.26 of the Revised Code of Ohio. fied by the Department of Liquor ter of objection and two copies of a Section 2. That the Clerk of Council Control of an application for a New letter requesting that the hearing be be and she is hereby directed to trans- C1 Liquor Permit at Tuhin, Inc., 5110 held in Cleveland, Cuyahoga County. mit two certified copies of this resolu- Clark Avenue, Cleveland, Ohio 44102, Section 3. That this resolution is tion, together with two copies of a let- Permit Number 9089530; and hereby declared to be an emergency ter of objection and two copies of a Whereas, the granting of this measure and, provided it receives the letter requesting that the hearing be application for a liquor permit to affirmative vote of two-thirds of all held in Cleveland, Cuyahoga County. this high crime area, which is the members elected to Council, it Section 3. That this resolution is already saturated with other liquor shall take effect and be in force imme- hereby declared to be an emergency outlets, is contrary to the best inter- diately upon its adoption and measure and, provided it receives the ests of the entire community; and approval by the Mayor; otherwise, it affirmative vote of two-thirds of all Whereas, the applicant does not shall take effect and be in force from the members elected to Council, it qualify to be a permit holder and/or and after the earliest period allowed shall take effect and be in force imme- has demonstrated that he has oper- by law. diately upon its adoption and ated his liquor business in disregard Motion to suspend rules, Charter approval by the Mayor; otherwise, it of the laws, regulations or local ordinances of this state or any other and statutory provisions and place shall take effect and be in force from state; and on final adoption. and after the earliest period allowed Whereas, the place for which the The rules were suspended. Yeas by law. permit is sought has not conformed 18. Nays 0. Read third time in full. Motion to suspend rules, Charter to the building, safety or health Adopted. Yeas 18. Nays 0. and statutory provisions and place requirements of the governing body on final adoption. of this County or City; and Res. No. 684-13. The rules were suspended. Yeas Whereas, the place for which the By Council Member Brancatelli. 18. Nays 0. Read third time in full. permit is sought is so arranged or An emergency resolution with- Adopted. Yeas 18. Nays 0. constructed that law enforcement drawing objection to the renewal of officers or agents of the Department a D2, D2X, D3 and D3A Liquor Per- Res. No. 685-13. of Liquor Control are prevented rea- mit at 3924 East 71st Street and By Council Member Brancatelli. sonable access to the establishment; repealing Resolution No. 1081-12, An emergency resolution with- and objecting to said renewal. drawing objection to the renewal of Whereas, the place for which the Whereas, Council has been noti- a D5 Liquor Permit at 7763-71 Broad- permit is sought is so located with fied by the Department of Liquor way Avenue and repealing Resolu- respect to the neighborhood that it Control of an application for a New tion No. 1090-12, objecting to said substantially interferes with public C1 Liquor Permit at Tuhin, Inc., 5110 renewal. decency, sobriety, peace or good Clark Avenue, Cleveland, Ohio 44102, Whereas, this Council objected to order; and Permit Number 9089530; and the renewal of a D5 Liquor Permit Whereas, this objection is based Whereas, the granting of this to WEP, Inc., DBA Bum’s Saloon, on other legal grounds as set forth application for a liquor permit to 7763-71 Broadway Avenue, Cleve- in Revised Code Section 4303.292; this high crime area, which is land, Ohio 44105, Permanent Number and already saturated with other liquor 9323549 by Resolution No. 1090-12, Whereas, this resolution consti- outlets, is contrary to the best inter- adopted by the Council on August 8, tutes an emergency measure provid- ests of the entire community; and 2012; and ing for the immediate preservation Whereas, the applicant does not Whereas, this Council wishes to of the public peace, prosperity, safe- qualify to be a permit holder and/or withdraw its objection to the above ty and welfare pursuant to Section has demonstrated that he has oper- permit and consents to said permit; 4303.26 of the Ohio Revised Code. ated his liquor business in disregard and Council’s objection to said permit of the laws, regulations or local Whereas, this resolution consti- must be received by the Director of ordinances of this state or any other tutes an emergency measure provid- Liquor Control within 30 days of state; and ing for the usual daily operation of notification; now, therefore, Whereas, the place for which the a municipal department; now, there- Be it resolved by the Council of permit is sought has not conformed fore, the City of Cleveland: to the building, safety or health Be it resolved by the Council of Section 1. That Council does hereby requirements of the governing body the City of Cleveland: record its objection to a New C1 of this County or City; and Section 1. That objection to the Liquor Permit at Tuhin, Inc., 5110 Whereas, the place for which the renewal of a D5 Liquor Permit to Clark Avenue, Cleveland, Ohio 44102, permit is sought is so arranged or WEP, Inc., DBA Bum’s Saloon, 7763-71 Permit Number 9089530, and requests constructed that law enforcement Broadway Avenue, Cleveland, Ohio the Director of Liquor Control to set a officers or agents of the Department 44105, Permanent Number 9323549, be hearing for said application in accor- of Liquor Control are prevented rea- and the same is hereby withdrawn dance with provisions of Section sonable access to the establishment; and Resolution No. 1090-12, containing 4303.26 of the Revised Code of Ohio. and such objection, be and the same is Section 2. That the Clerk of Council Whereas, the place for which the hereby repealed and that this Council be and she is hereby directed to trans- permit is sought is so located with consents to the immediate permit mit two certified copies of this resolu- respect to the neighborhood that it thereof. tion, together with two copies of a let- substantially interferes with public Section 2. That this resolution is ter of objection and two copies of a decency, sobriety, peace or good hereby declared to be an emergency letter requesting that the hearing be order; and measure and provided it receives the held in Cleveland, Cuyahoga County. 778 May 8, 2013 The City Record 29

Section 3. That this resolution is has demonstrated that he has oper- July 10, 2013 hereby declared to be an emergency ated his liquor business in disregard August 14, 2013 measure and, provided it receives the of the laws, regulations or local affirmative vote of two-thirds of all ordinances of this state or any other A notice identifying the time of the the members elected to Council, it state; and meeting as well as a schedule of com- shall take effect and be in force imme- Whereas, the place for which the mittee meetings, if any, to be held diately upon its adoption and permit is sought has not conformed prior to the meeting shall be prepared approval by the Mayor; otherwise, it to the building, safety or health by the Clerk prior to each of the above shall take effect and be in force from requirements of the governing body meeting dates. The Council will and after the earliest period allowed of this County or City; and resume regular session at 7:00 p.m. on by law. Whereas, the place for which the Monday, September 16, 2013. Motion to suspend rules, Charter permit is sought is so arranged or Section 2. That this resolution is and statutory provisions and place constructed that law enforcement hereby declared to be an emergency on final adoption. officers or agents of the Department measure and, provided it receives the The rules were suspended. Yeas of Liquor Control are prevented rea- affirmative vote of two-thirds of all 18. Nays 0. Read third time in full. sonable access to the establishment; the members elected to Council, it Adopted. Yeas 18. Nays 0. and shall take effect and be in force imme- Whereas, the place for which the diately upon its adoption and Res. No. 687-13. permit is sought is so located with approval by the Mayor; otherwise it By Council Member Keane. respect to the neighborhood that it shall take effect and be in force from An emergency resolution with- substantially interferes with public and after the earliest period allowed drawing objection to the transfer of decency, sobriety, peace or good by law. ownership of a C1, C2 and D6 Liquor order; and Motion to suspend rules, Charter Permit at 4142 Rocky River Drive Whereas, this objection is based and statutory provisions and place and repealing Resolution No. 676-12, on other legal grounds as set forth on final adoption. objecting to said transfer. in Revised Code Section 4303.292; The rules were suspended. Yeas Whereas, this Council objected to and 18. Nays 0. Read third time in full. the transfer of ownership of a C1, Whereas, this resolution consti- Adopted. Yeas 18. Nays 0. C2 and D6 Liquor Permit to 4142 tutes an emergency measure provid- Rocky River Drive, Cleveland, Ohio ing for the immediate preservation SECOND READING EMERGENCY 44135, Permanent No. 7460895 by Res- of the public peace, prosperity, safe- ORDINANCES PASSED olution No. 676-12 adopted by the ty and welfare pursuant to Section Council on May 7, 2012; and 4303.26 of the Ohio Revised Code. Ord. No. 488-13. Whereas, this Council wishes to Council’s objection to said permit By Council Members Conwell and withdraw its objection to the above must be received by the Director of Kelley (by departmental request). transfer and consents to said trans- Liquor Control within 30 days of An emergency ordinance authoriz- fer; and notification; now, therefore, ing the Director of Community Rela- Whereas, this resolution consti- Be it resolved by the Council of tions to apply for and accept a grant tutes an emergency measure provid- the City of Cleveland: from Cuyahoga County Juvenile ing for the usual daily operation of Section 1. That Council does hereby Court to conduct the 2013 Community a municipal department; now, there- record its objection to a Liquor Diversion Program. fore, Agency Contract at Miles Manage- Approved by Directors of Communi- Be it resolved by the Council of ment Corporation, 4127 East 131st ty Relations, Finance, Law; Passage the City of Cleveland: Street, Cleveland, Ohio 44105, Perma- recommended by Committees on Pub- Section 1. That objection to the nent Number 5950070; and requests lic Safety, Finance. transfer of ownership of a C1, C2 and the Director of Liquor Control to set a The rules were suspended. Yeas D6 Liquor Permit to 4142 Rocky River hearing for said application in accor- 18. Nays 0. Read second time. Read Drive, Cleveland, Ohio 44135, Perma- dance with provisions of Section third time in full. Passed. Yeas 18. nent No. 7460895, be and the same is 4303.26 of the Revised Code of Ohio. Nays 0. hereby withdrawn and Resolution No. Section 2. That the Clerk of Council 676-12, containing such objection, be be and she is hereby directed to trans- Ord. No. 489-13. and the same is hereby repealed and mit two certified copies of this resolu- By Council Members Conwell and that this Council consents to the tion, together with two copies of a let- Kelley (by departmental request). immediate transfer thereof. ter of objection and two copies of a An emergency ordinance authoriz- Section 2. That this resolution is letter requesting that the hearing be ing the Director of Public Safety to hereby declared to be an emergency held in Cleveland, Cuyahoga County. apply for and accept a grant from measure and provided it receives the Section 3. That this resolution is Cuyahoga County for the Safe and affirmative vote of two-thirds of all hereby declared to be an emergency Sound PREA Project; and authorizing the members elected to Council, it measure and, provided it receives the the Director to enter into one or more shall take effect and be in force imme- affirmative vote of two-thirds of all contracts with Cuyahoga County to diately upon its adoption and the members elected to Council, it implement the grant. approval by the Mayor; otherwise, it shall take effect and be in force imme- Approved by Directors of Public shall take effect and be in force from and after the earliest period allowed diately upon its adoption and Safety, Finance, Law; Passage recom- by law. approval by the Mayor; otherwise, it mended by Committees on Public Motion to suspend rules, Charter shall take effect and be in force from Safety, Finance, when amended, as and statutory provisions and place and after the earliest period allowed follows: on final adoption. by law. 1. In the title, line 6, and in Section The rules were suspended. Yeas Motion to suspend rules, Charter 5, line 2, after “County” insert “and the 18. Nays 0. Read third time in full. and statutory provisions and place Cleveland Rape Crisis Center”. Adopted. Yeas 18. Nays 0. on final adoption. Amendment agreed to. The rules were suspended. Yeas The rules were suspended. Yeas Res. No. 694-13. 18. Nays 0. Read third time in full. 18. Nays 0. Read second time. Read By Council Member Reed. Adopted. Yeas 18. Nays 0. third time in full. Passed. Yeas 18. An emergency resolution object- Nays 0. ing to a Liquor Agency Contract Res. No. 710-13. In compliance with Section 33 of located at 4127 East 131st Street. By Council Member Sweeney. the Charter a copy of the legislation Whereas, Council has been noti- An emergency resolution fixing was furnished to each member of fied by the Department of Liquor the 2013 summer schedule of meet- Council before final passage. Control of an application for a ings of the Council of the City of Liquor Agency Contract at Miles Cleveland. Ord. No. 490-13. Management Corporation, 4127 East Whereas, this resolution consti- By Council Members Miller and Kel- 131st Street, Cleveland, Ohio 44105, tutes an emergency measure for the ley (by departmental request). Permanent Number 5950070; and immediate preservation of public An emergency ordinance approving Whereas, the granting of this peace, property, health or safety, the report of the assessment equaliza- application for a liquor permit to now, therefore, tion boards on objections concerning this high crime area, which is Be it resolved by the Council of estimated assessments to relay and already saturated with other liquor the City of Cleveland: repair sidewalks, driveway aprons, outlets, is contrary to the best inter- Section 1. That the schedule of and curbs (including adjustments of ests of the entire community; and meetings during the 2013 summer castings and landscaping, if neces- Whereas, the applicant does not months of the Council of the City of sary) encroaching upon the public qualify to be a permit holder and/or Cleveland is hereby fixed as follows: right-of-ways or otherwise improving 779 30 The City Record May 8, 2013 the right-of-ways on West 105th the Department of Public Utilities, for Others: Jomarie Wasik, Director, Street, West 106th Street, West 114th a period not to exceed two years, with Mayor’s Office of Capital Projects. Street and East 151st Street; determin- two one-year options to renew, the Natoya Walker-Minor, Interim ing to proceed with the improve- first of which requires additional leg- Director, Office of Equal Opportuni- ments; and adopting the equalized islation. ty. assessments. Approved by Directors of Public Jim Hardy, Commissioner, Pur- Approved by Directors of Capital Utilities, Finance, Law; Passage rec- chases & Supplies. Projects, Finance, Law; Passage rec- ommended by Committees on Public On motions, the following resolu- ommended by Committees on Public Utilities, Finance. tions were adopted, except as may Service, Finance. The rules were suspended. Yeas be otherwise noted: The rules were suspended. Yeas 18. Nays 0. Read second time. Read 18. Nays 0. Read second time. Read third time in full. Passed. Yeas 18. Resolution No. 195-13. third time in full. Passed. Yeas 18. Nays 0. By Director Dumas. Nays 0. Resolved by the Board of Control Ord. No. 568-13. of the City of Cleveland, that under Ord. No. 495-13. By Council Members Cimperman Section 101 of the Charter 181.19 of By Council Members Pruitt and and Kelley (by departmental the Codified Ordinances of Cleve- Kelley (by departmental request). request). land, Ohio 1976, and Resolution No. An emergency ordinance authoriz- An emergency ordinance authoriz- 912-52, adopted by the Board of Con- ing the purchase by one or more ing the Director of Aging to apply for trol on November 26, 1952, the report requirement contracts of labor and and accept a grant from the National of the Commissioner of Purchases materials necessary for analysis, Council on Aging for the 2013-14 Eco- and Supplies for the sale of scrap, identification, storage, remediation, nomic Security Project for Cleveland personal property, and by-products transportation, recycling and dispos- Seniors Program; and authorizing the during the month of March, 2013 in al of various chemicals, hazardous Director to enter into one or more con- the amount of $18,870.42, attached waste products and other non-haz- tracts with various agencies, entities, and made a part of this resolution ardous and recyclable waste materi- or individuals to implement the grant. is received, approved and ordered als for the Division of Water, Cleve- Approved by Directors of Aging, filed. land Public Power, and Water Pollu- Finance, Law; Passage recommended Yeas: Directors Langhenry, Ben- tion Control, Department of Public by Committees on Health and Human der, Smith, Cox, Butler, Acting Utilities, for a period up to two years, Services, Finance. Director Withers, Directors Rush, with two one-year options to renew, The rules were suspended. Yeas Southerington, Fumich and Rybka. 18. Nays 0. Read second time. Read exercisable by the Director of Public Nays: None. third time in full. Passed. Yeas 18. Utilities. Absent: Mayor Jackson, Director Nays 0. Approved by Directors of Public Dumas and Nichols. Utilities, Finance, Law; Passage rec- MOTION ommended by Committees on Public Resolution No. 196-13. Utilities, Finance. By Director Bender. On the motion of Council Member Be it resolved by the Board of The rules were suspended. Yeas Brady, the absence of Council Mem- 18. Nays 0. Read second time. Read Control of the City of Cleveland that ber Martin J. Sweeney is hereby the bid of D & M Painting Corpora- third time in full. Passed. Yeas 18. authorized. Seconded by Council Nays 0. tion for the public improvement of Member Miller. Rehabilitating Secondary Sites - Cycle F, including Water Towers. Ord. No. 566-13. MOTION By Council Members Pruitt and Tanks and Appurtenances, including a $393,000.00 contingency allowance, Kelley (by departmental request). The Council Meeting adjourned at all items, for the Division of Water, An emergency ordinance authoriz- 8:32 p.m. to meet on Monday, May 13, Department of Public Utilities, ing the Director of Public Utilities to 2013, at 7:00 p.m. in the Council received on January 25, 2013, under enter into one or more contracts with Chamber. Cleveland Housing Network for pro- the authority of Ordinance No. 810- fessional services necessary to pro- 08, passed June 9, 2008, upon a gross vide administration and other related price for the improvement in the services for the Division of Water’s aggregate amount of $4,433,000.00, is discount affordability program, for a affirmed and approved as the low- period of one year, with one option to est responsible bid, and the Director renew, exercisable by the Director of of Public Utilities is authorized to Public Utilities. enter into a contract for the Approved by Directors of Public improvement with the bidder. Utilities, Finance, Law; Passage rec- Be it further resolved by the ommended by Committees on Public Patricia J. Britt Board of Control of the City of Utilities, Finance, when amended, as City Clerk, Clerk of Council Cleveland that the employment of follows: the following subcontractors by D & 1. In the title, line 8, and in Sec- M Painting Corporation for the tion 1, line 6, strike “one option” and THE CALENDAR above-mentioned public improve- insert “one one-year option”. ment is approved: Amendment agreed to. The following measures will be on The rules were suspended. Yeas their final passage at the next meet- SUBCONTRACTOR WORK 18. Nays 0. Read second time. Read ing: PERCENTAGE third time in full. Passed. Yeas 18. Nays 0. NONE Nerone & Sons, Inc. (CSB) In compliance with Section 33 of $817,000.00 the Charter a copy of the legislation 18.430% was furnished to each member of BOARD OF CONTROL Council before final passage. Post Painting, Inc. (CSB/FBE) $250,000.00 Ord. No. 567-13. May 1, 2013 5.640% By Council Members Pruitt and Kelley (by departmental request). The Regular meeting of the Board All Construction & An emergency ordinance authoriz- of Control convened in the Mayor’s Remodeling (CSB) $650,000.00 ing the purchase by one or more office on Wednesday, May 1, 2013 at 14.663% requirement contracts of various 10:36 a.m. with Director Langhenry types of fencing, gate operators, presiding. Yeas: Directors Langhenry, Ben- gates, barriers, walls, and guardrails, Present: Directors Langhenry, der, Smith, Cox, Butler, Acting including associated appurtenances, Bender, Smith, Cox, Butler, Acting Director Withers, Directors Rush, and labor and materials necessary to Director Withers, Directors Rush, Southerington, Nichols, Fumich and repair or maintain existing equip- Southerington, Nichols, Fumich and Rybka. ment and appurtenances, including Rybka. Nays: None. installation if necessary at various Absent: Mayor Jackson and Direc- Absent: Mayor Jackson and Direc- facilities, for the various divisions of tor Dumas. tor Dumas. 780 May 8, 2013 The City Record 31

Resolution No. 197-13. Resolution No. 199-13. Yeas: Directors Langhenry, Ben- By Director Bender. By Directors Cox and Wasik. der, Smith, Cox, Butler, Acting Be it resolved by the Board of Be it resolved by the Board of Director Withers, Directors Rush, Control of the City of Cleveland that Control of the City of Cleveland, Southerington, Nichols, Fumich and the bid of Bonded Chemicals, Inc. that the bid of Industrial Energy Rybka. for an estimated quantity of sodium Systems, Inc. (CSB/LPE), for the Nays: None. hypochlorite solution, items 1A and public improvement of Estabrook Absent: Mayor Jackson and Direc- 1B, for the Division of Water, Recreation Center Roof Improve- tor Dumas. Department of Public Utilities, for a ments, for Base Bid Items A, B and period of two years starting upon C and Optional Items 4 and 5 for the Resolution No. 201-13. the later of the execution of a con- Division of Architecture and Site By Director Cox. tract or the day following expiration Development, Department of Public Whereas, the City of Cleveland of the currently effective contract Works, Mayor’s Office of Capital owns and operates certain real prop- for the goods or services, received Projects received on April 5, 2013, erty commonly known as the on March 6, 2013 under the authori- under the authority of Ordinance No. Willard Park Garage under the ty of Section 129.24 of the Codified 533-12, passed on June 4, 2012, upon supervision and direction of the Ordinances of Cleveland Ohio, 1976, a gross price basis for the improve- Director of Public Works; and which on the basis of the estimated ment in the aggregate amount of Whereas, NOW Valet Company quantity would amount to $489,870.00, is affirmed and approved has proposed to offer valet parking $1,201,920.00 (Net 30), is affirmed as the lowest responsible bid; and services to the general public for and approved as the lowest and best the Director of Department of Pub- various events to be held at Cleve- bid, and the Director of Public Util- land Public Auditorium by using the ities is requested to enter into a lic Works is authorized to enter into contract for the improvement with Willard Park Garage; now, there- requirement contract for the goods fore, and/or services necessary for the the bidder. Be it further resolved by the Be it resolved by the Board of specified items. Control of the City of Cleveland The requirement contract shall Board of Control of the City of Cleveland that the employment of that, under Section 183.04 of the Cod- further provide that the Contractor ified Ordinances of Cleveland, Ohio, shall furnish all the City’s require- the following subcontractors by Industrial Energy Systems, Inc. 1976, the Director of Public Works ments for such goods and/or ser- is authorized to enter into a con- vices, whether more or less than the (CSB/LPE) for the aforementioned cession agreement with NOW Valet estimated quantity, as may be public improvement is approved: Company to use Willard Park ordered under delivery orders sepa- Garage to offer valet parking ser- rately certified to the contract. SUBCONTRACTORS AMOUNT vices to the public for the following Yeas: Directors Langhenry, Ben- PERCENTAGE event to be held at the Cleveland der, Smith, Cox, Butler, Acting Public Auditorium on May 11, 2013 Director Withers, Directors Rush, Troutman Supply (MBE/FBE) for a fee per event of $450.00 plus Southerington, Nichols, Fumich and $82,872.00 $5.00 per vehicle parked: Rybka. 10.150% Nays: None. EVENT DATE Absent: Mayor Jackson and Direc- Decker Steel & Supply (CSB) tor Dumas. $35,590.00 Rock & Roll Hall of 4.359% Resolution No. 198-13. Fame Annual Benefit May 11, 2013 By Director Wasik. Pete & Pete Container Be it resolved by the Board of The concession agreement shall (CSB/FBE) $15,000.00 be prepared by the Director of Law Control of the City of Cleveland, 3.062% that the bid of Terrace Construction and shall contain such additional provisions as the Director of Law Co., Inc. for the public improvement Yeas: Directors Langhenry, Ben- of Woodland Ave. (E. 53rd St. to E. deems necessary to protect and ben- der, Smith, Cox, Butler, Acting efit public interest. 86th St.) and Buckeye Rd. (Wood- Director Withers, Directors Rush, land Ave. to Ambler St.), all items, Yeas: Directors Langhenry, Ben- Southerington, Nichols, Fumich and including all Alternates, items 1 der, Smith, Cox, Butler, Acting Rybka. through 219, for the Division of Director Withers, Directors Rush, Nays: None. Engineering and Construction, Southerington, Nichols, Fumich and Mayor’s Office of Capital Projects, Absent: Mayor Jackson and Direc- Rybka. received on April 17, 2013, under the tor Dumas. Nays: None. authority of Ordinances Nos. 591-11 Absent: Mayor Jackson and Direc- and 733-12, passed by Cleveland City Resolution No. 200-13. tor Dumas. Council on June 6, 2011 and June 4, By Director Cox. 2012 respectively, upon a unit price Whereas, the City of Cleveland Resolution No. 202-13. basis for the improvement, in the owns and operates certain real prop- By Director Cox. aggregate amount of $7,395,316.66, is erty commonly known as the Be it resolved by the Board of affirmed and approved as the low- Willard Park Garage under the Control of the City of Cleveland, est responsible bid, and the Director supervision and direction of the that the bid of Nerone & Sons, Inc. of Capital Projects is authorized to Director of Public Works; and (CSB/LPE) for the public improve- enter into contract for the improve- Whereas, All Star Valet Services ment of Estabrook Recreation Cen- ment with the bidder. has proposed to offer valet parking ter Parking Lot Improvements, for Be it further resolved that the services to the general public for Base Bid Items A1-A13 including the employment of the following sub- the Mental Health Reception event 10% contingency and Base Bid contractors by Terrace Construction to be held at Cleveland City Hall Items B1-B30, B32-B39, Alternate Co., Inc. for the above-mentioned Rotunda by using the Willard Park Item 1A including the 5% contin- public improvement is approved: Garage; now, therefore, gency for the Division of Architec- Be it resolved by the Board of ture and Site Development, Depart- Rockport Construction & Control of the City of Cleveland ment of Public Works, received on Materials, Inc. that, under Section 183.04 of the Cod- March 14, 2013, under the authority (CSB/FBE) — $1,278,610.26 — (17.3%) ified Ordinances of Cleveland, Ohio, of Ordinance No. 534-12, passed on 1976, the Director of Public Works June 4, 2012, upon a unit basis for The Vallejo Company is authorized to enter into a con- the improvement in the aggregate (CSB/MBE) — $722,867.93 — (9.8%) cession agreement with All Star amount of $427,132.79, is affirmed Valet Services to use Willard Park and approved as the lowest respon- Trafftech, Inc. Garage to offer valet parking ser- sible bid; and the Director of Depart- (CSB) — $218,521.81 — (3.0%) vices to the public for the Mental ment of Public Works is authorized Health Reception event to be held to enter into contract for the Yeas: Directors Langhenry, Ben- at the Cleveland City Hall Rotunda improvement with the bidder. der, Smith, Cox, Butler, Acting on May 4, 2013, for a fee of $450.00. Be it further resolved by the Director Withers, Directors Rush, The concession agreement shall Board of Control of the City of Southerington, Nichols, Fumich and be prepared by the Director of Law Cleveland that the employment of Rybka. and shall contain such additional the following subcontractors by Nays: None. provisions as the Director of Law Nerone & Sons, Inc. (CSB/LPE) for Absent: Mayor Jackson and Direc- deems necessary to protect and ben- the aforementioned public improve- tor Dumas. efit public interest. ment is approved: 781 32 The City Record May 8, 2013

SUBCONTRACTOR AMOUNT The requirement contract shall a full and complete canvass by the PERCENTAGE further provide that the Contractor Director of Community Development shall furnish the City’s requirements as the firm to be employed by con- Cunningham Paving (CSB) for the goods and/or services, tract to perform the professional ser- $180,800.00 whether more or less than the esti- vices necessary to conduct 42.329% mated quantity, as may be ordered HOME/Uniform Relocation Act under delivery orders separately cer- (URA) Program Property Standards, Granger Trucking (CSB/MBE) tified to the contract. Decent, Safe and Sanitary Dwelling $ 12,000.00 Yeas: Directors Langhenry, Ben- Inspections of units previously com- 2.809% der, Smith, Cox, Butler, Acting pleted under a Housing and Urban Director Withers, Directors Rush, Development (HUD) Program, for Tech Ready Mix (CSB/MBE) Southerington, Nichols, Fumich and the Division of Administrative Ser- $ 2,500.00 Rybka. vices, Department of Community 0.585% Nays: None. Development. Absent: Mayor Jackson and Direc- Be it further resolved that the Royal Landscape (CSB/FBE) tor Dumas. Director of Community Development $ 1,700.00 is authorized to enter into contract 0.398% Resolution No. 205-13. with the Graddic Company, based on By Director Cox. its proposal dated November 15, Yeas: Directors Langhenry, Ben- Be it resolved by the Board of 2012, which contract shall be pre- der, Smith, Cox, Butler, Acting Control of the City of Cleveland, pared by the Director of Law, shall Director Withers, Directors Rush, that the bid of Nerone & Sons, Inc. provide for the furnishing of pro- Southerington, Nichols, Fumich and (CSB/LPE) for the public improve- fessional services as described in Rybka. ment of Groton Park Site Improve- the proposal for the 2013-2014 term Nays: None. ments, for Base Bid Items 1-36 and for an aggregate fee of $52,282.50, Absent: Mayor Jackson and Direc- Add Alternate Items 2AA-9AA and and shall contain such additional tor Dumas. 12AA including the 5% contingency provisions as the Director of Law for the Division of Architecture and deems necessary to protect and ben- Resolution No. 203-13. Site Development, Department of efit the public interest. By Director Cox. Public Works, received on March 14, Yeas: Directors Langhenry, Ben- Be it resolved, by the Board of 2013, under the authority of Ordi- der, Smith, Cox, Butler, Acting Control of the City of Cleveland that nance No. 607-10, passed on June 7, Director Withers, Directors Rush, the bid of Northeast Lubricants, Ltd, 2010, upon a unit basis for the Southerington, Nichols, Fumich and for an estimated quantity of auto- improvement in the aggregate Rybka. mobile and equipment lubricants, amount of $194,608.05, is affirmed Nays: None. Parts A, C, D, and E, all items, for and approved as the lowest respon- Absent: Mayor Jackson and Direc- the Division of Motor Vehicle Main- sible bid; and the Director of Depart- tor Dumas. tenance, Department of Public ment of Public Works is authorized Works, for the period of one year to enter into contract for the Resolution No. 207-13. beginning with the date of execu- improvement with the bidder. By Director Rush. tion of a contract, received on March Be it further resolved by the Whereas, under Ordinance No. 15, 2013, under the authority of Sec- Board of Control of the City of 2076-76 passed October 25, 1976, the tion 131.64 of the Codified Ordi- Cleveland that the employment of City is conducting a Land Reuti- nances of Cleveland, Ohio, 1976, which on the basis of the estimated the following subcontractors by lization Program (“Program”) quantity would amount to $222,978.25 Nerone & Sons, Inc. (CSB/LPE) for according to the provisions of Chap- (Net), is affirmed and approved as the aforementioned public improve- ter 5722 of the Ohio Revised Code; the lowest and best bid, and the ment is approved: and Director of Public Works is request- Whereas, under the Program, the ed to enter into a requirement con- SUBCONTRACTOR AMOUNT City has acquired Permanent Parcel tract for the goods and/or services PERCENTAGE No. 016-08-087 located at 3160 West specified. 61st Street in Ward 15; and The requirement contract shall Royal Landscape (CSB/FBE) Whereas, Section 183.021 of the further provide that the Contractor $15,473.00 Codified Ordinances of Cleveland, shall furnish the City’s requirements 7.951% Ohio 1976 authorizes the Commis- for the goods and/or services, sioner of Purchases and Supplies, whether more or less than the esti- Tech Ready Mix (CSB/MBE) when directed by the Director of mated quantity, as may be ordered $ 6,000.00 Community Development and when under delivery orders separately cer- 3.083% certain specified conditions have tified to the contract. been met, to lease Land Reutiliza- Yeas: Directors Langhenry, Ben- Granger Trucking (CSB/MBE) tion Program parcels; and der, Smith, Cox, Butler, Acting $ 5,000.00 Whereas, Maggie’s Farm, LLC has Director Withers, Directors Rush, 2.569% proposed to the City to lease and Southerington, Nichols, Fumich and develop the parcel for market gar- Rybka. Ballast Fence (CSB/FBE) $ 2,920.00 den; and Nays: None. 1.500% Whereas, the following conditions Absent: Mayor Jackson and Direc- exist: tor Dumas. Cunningham Paving (CSB) 1. The member of Council from $ 1,500.00 Ward 15 has approved the proposed Resolution No. 204-13. 0.771% lease or has not disapproved or By Director Cox. requested a hold of the proposed Be it resolved, by the Board of Krusoe Sign (CSB/FBE) T.B.D. lease within 45 days of notification Control of the City of Cleveland that T.B.D. of it; the bid of Frank Blackmon, for an 2. The proposed lessee of the par- estimated quantity of automobile Yeas: Directors Langhenry, Ben- cel is neither tax delinquent nor in and equipment lubricants, Part B, der, Smith, Cox, Butler, Acting violation of the Building and Hous- all items, for the Division of Motor Director Withers, Directors Rush, ing Code; now, therefore, Vehicle Maintenance, Department of Southerington, Nichols, Fumich and Be it resolved by the Board of Public Works, for the period of one Rybka. Control of the City of Cleveland that year, beginning with the date of Nays: None. under Section 183.021 of the Codified execution of a contract, received on Absent: Mayor Jackson and Direc- Ordinances of Cleveland, Ohio, 1976, March 15, 2013, under the authority tor Dumas. the Commissioner of Purchases and of Section 131.64 of the Codified Supplies is authorized, when direct- Ordinances of Cleveland, Ohio, 1976, Resolution No. 206-13. ed by the Director of Community which on the basis of the estimated By Director Rush. Development, and the Mayor is quantity would amount to $57,614.06 Be it resolved by the Board of requested, to execute a lease for a (Net), is affirmed and approved as Control of the City of Cleveland that term of five years which the Direc- the lowest and best bid, and the under the authority of Ordinance No. tor of Community Development may Director of Public Works is request- 638-11, passed by the Council of the terminate at the end of any term ed to enter into a requirement con- City of Cleveland on May 23, 2011, year upon 30 days’ prior written tract for the goods and/or services the Graddic Company is selected notice, for and on behalf of the City specified. from a list of firms determined after of Cleveland, with Maggie’s Farm, 782 May 8, 2013 The City Record 33

LLC for the lease and development Nays: None. sioner of Purchases and Supplies, of Permanent Parcel No. 016-08-087 Absent: Mayor Jackson and Direc- when directed by the Director of located at 3160 West 61st Street, tor Dumas. Community Development and when according to the Land Reutilization certain specified conditions have Program in such manner as best car- Resolution No. 209-13. been met, to sell Land Reutilization ries out the intent of the program. By Director Rush. Program parcels; and Be it further resolved that the con- Whereas, under Ordinance No. Whereas, Vera Brewer has pro- sideration for the lease of the par- 2076-76 passed October 25, 1976, the posed to the City to purchase and cel shall be a one-time fee of $5.00, City is conducting a Land Reuti- develop the parcel for yard expan- which amount is determined to be lization Program (“Program”) sion; and not less than the fair market value according to the provisions of Chap- Whereas, the following conditions of the parcel for uses according to ter 5722 of the Ohio Revised Code; exist: the Program. and 1. The member of Council from Yeas: Directors Langhenry, Ben- Whereas, under the Program, the Ward 6 has approved the proposed der, Smith, Cox, Butler, Acting City has acquired Permanent Parcel sale or has not disapproved or Director Withers, Directors Rush, No. 120-33-021 located at 1892 Wood- requested a hold of the proposed Southerington, Nichols, Fumich and land Avenue in Ward 9; and sale within 45 days of notification Rybka. Whereas, Section 183.021 of the of it; Nays: None. Codified Ordinances of Cleveland, 2. The proposed purchaser of the Absent: Mayor Jackson and Direc- Ohio, 1976 authorizes the Commis- parcel is neither tax delinquent nor tor Dumas. sioner of Purchases and Supplies, in violation of the Building and when directed by the Director of Housing Code; now, therefore, Resolution No. 208-13. Community Development and when Be it resolved by the Board of By Director Rush. certain specified conditions have Control of the City of Cleveland that Whereas, under Ordinance No. been met, to sell Land Reutilization under Section 183.021 of the Codified 2076-76 passed October 25, 1976, the Program parcels; and Ordinances of Cleveland, Ohio, 1976, City is conducting a Land Reuti- Whereas, John E. Allen and Roset- the Commissioner of Purchases and lization Program (“Program”) ta Allen have proposed to the City Supplies is authorized, when direct- according to the provisions of Chap- to purchase and develop the parcel ed by the Director of Community ter 5722 of the Ohio Revised Code; for yard expansion; and Development, and the Mayor is and Whereas, the following conditions requested, to execute an Official Whereas, under the Program, the exist: Deed for and on behalf of the City City has acquired Permanent Parcel 1. The member of Council from of Cleveland, with Vera Brewer for No. 016-15-139 located at 3478 West Ward 9 has approved the proposed the sale and development of Perma- 63rd Street in Ward 15; and sale or has not disapproved or nent Parcel No. 126-03-052 located at Whereas, Section 183.021 of the requested a hold of the proposed 2428 East 84th Street, according to Codified Ordinances of Cleveland, sale within 45 days of notification the Land Reutilization Program in Ohio 1976 authorizes the Commis- of it; such manner as best carries out the sioner of Purchases and Supplies, 2. The proposed purchasers of the intent of the program. when directed by the Director of parcel are neither tax delinquent Be it further resolved that the con- Community Development and when nor in violation of the Building and sideration for the sale of the parcel certain specified conditions have Housing Code; now, therefore, shall be $400.00, which amount is been met, to lease Land Reutiliza- Be it resolved by the Board of determined to be not less than the tion Program parcels; and fair market value of the parcel for Control of the City of Cleveland that Whereas, NxGen Preserve has pro- uses according to the Program. under Section 183.021 of the Codified posed to the City to lease and devel- Yeas: Directors Langhenry, Ben- Ordinances of Cleveland, Ohio, 1976, op the parcel for a pocket park; and der, Smith, Cox, Butler, Acting the Commissioner of Purchases and Whereas, the following conditions Director Withers, Directors Rush, Supplies is authorized, when direct- exist: Southerington, Nichols, Fumich and ed by the Director of Community 1. The member of Council from Rybka. Ward 15 has approved the proposed Development, and the Mayor is Nays: None. lease or has not disapproved or requested, to execute an Official Absent: Mayor Jackson and Direc- requested a hold of the proposed Deed for and on behalf of the City tor Dumas. lease within 45 days of notification of Cleveland, with John E. Allen of it; and Rosetta Allen for the sale and Resolution No. 211-13. 2. The proposed lessee of the par- development of Permanent Parcel By Director Rush. cel is neither tax delinquent nor in No. 120-33-021 located at 1892 Wood- Whereas, under Ordinance No. violation of the Building and Hous- land Avenue, according to the Land 2076-76 passed October 25, 1976, the ing Code; now, therefore, Reutilization Program in such man- City is conducting a Land Reuti- Be it resolved by the Board of ner as best carries out the intent of lization Program (“Program”) Control of the City of Cleveland that the program. according to the provisions of Chap- under Section 183.021 of the Codified Be it further resolved that the con- ter 5722 of the Ohio Revised Code; Ordinances of Cleveland, Ohio, 1976, sideration for the sale of the parcel and the Commissioner of Purchases and shall be $1.00, which amount is Whereas, under the Program, the Supplies is authorized, when direct- determined to be not less than the City has acquired Permanent Parcel ed by the Director of Community fair market value of the parcel for No. 137-19-117 located at 13821 Svec Development, and the Mayor is uses according to the Program. Avenue in Ward 4; and requested, to execute a lease for a Yeas: Directors Langhenry, Ben- Whereas, Section 183.021 of the term of five years which the Direc- der, Smith, Cox, Butler, Acting Codified Ordinances of Cleveland, tor of Community Development may Director Withers, Directors Rush, Ohio, 1976 authorizes the Commis- terminate at the end of any term Southerington, Nichols, Fumich and sioner of Purchases and Supplies, year upon 30 days’ prior written Rybka. when directed by the Director of notice, for and on behalf of the City Nays: None. Community Development and when of Cleveland, with NxGen Preserve Absent: Mayor Jackson and Direc- certain specified conditions have for the lease and development of tor Dumas. been met, to sell Land Reutilization Permanent Parcel No. 016-15-139 Program parcels; and located at 3478 West 63rd Street, Resolution No. 210-13. Whereas, Jerry Eades and Rosa according to the Land Reutilization By Director Rush. Eades have proposed to the City to Program in such manner as best car- Whereas, under Ordinance No. purchase and develop the parcel for ries out the intent of the program. 2076-76 passed October 25, 1976, the yard expansion; and Be it further resolved that the con- City is conducting a Land Reuti- Whereas, the following conditions sideration for the lease of the par- lization Program (“Program”) exist: cel shall be a one-time fee of $5.00, according to the provisions of Chap- 1. The member of Council from which amount is determined to be ter 5722 of the Ohio Revised Code; Ward 4 has approved the proposed not less than the fair market value and sale or has not disapproved or of the parcel for uses according to Whereas, under the Program, the requested a hold of the proposed the Program. City has acquired Permanent Parcel sale within 45 days of notification Yeas: Directors Langhenry, Ben- No. 126-03-052 located at 2428 East of it; der, Smith, Cox, Butler, Acting 84th Street in Ward 6; and 2. The proposed purchasers of the Director Withers, Directors Rush, Whereas, Section 183.021 of the parcel are neither tax delinquent Southerington, Nichols, Fumich and Codified Ordinances of Cleveland, nor in violation of the Building and Rybka. Ohio, 1976 authorizes the Commis- Housing Code; now, therefore, 783 34 The City Record May 8, 2013

Be it resolved by the Board of fair market value of the parcel for Whereas, under the Program, the Control of the City of Cleveland that uses according to the Program. City has acquired Permanent Parcel under Section 183.021 of the Codified Yeas: Directors Langhenry, Ben- No. 108-13-148 located at 10558 Ordinances of Cleveland, Ohio, 1976, der, Smith, Cox, Butler, Acting Glenville Avenue in Ward 8; and the Commissioner of Purchases and Director Withers, Directors Rush, Whereas, Section 183.021 of the Supplies is authorized, when direct- Southerington, Nichols, Fumich and Codified Ordinances of Cleveland, ed by the Director of Community Rybka. Ohio, 1976 authorizes the Commis- Development, and the Mayor is Nays: None. sioner of Purchases and Supplies, requested, to execute an Official Absent: Mayor Jackson and Direc- when directed by the Director of Deed for and on behalf of the City tor Dumas. Community Development and when of Cleveland, with Jerry Eades and certain specified conditions have Rosa Eades for the sale and devel- Resolution No. 213-13. been met, to sell Land Reutilization opment of Permanent Parcel No. 137- By Director Rush. Program parcels; and 19-117 located at 13821 Svec Avenue, Whereas, under Ordinance No. Whereas, Edward L. Leavy has according to the Land Reutilization 2076-76 passed October 25, 1976, the proposed to the City to purchase and Program in such manner as best car- City is conducting a Land Reuti- develop the parcel for yard expan- ries out the intent of the program. lization Program (“Program”) sion; and Be it further resolved that the con- according to the provisions of Chap- Whereas, the following conditions sideration for the sale of the parcel ter 5722 of the Ohio Revised Code; exist: shall be $400.00, which amount is and 1. The member of Council from determined to be not less than the Whereas, under the Program, the Ward 8 has approved the proposed fair market value of the parcel for City has acquired Permanent Parcel sale or has not disapproved or uses according to the Program. No. 106-04-091 located on Addison requested a hold of the proposed Yeas: Directors Langhenry, Ben- Road in Ward 7; and sale within 45 days of notification der, Smith, Cox, Butler, Acting Whereas, Section 183.021 of the of it; Director Withers, Directors Rush, Codified Ordinances of Cleveland, 2. The proposed purchaser of the Southerington, Nichols, Fumich and Ohio, 1976 authorizes the Commis- parcel is neither tax delinquent nor Rybka. sioner of Purchases and Supplies, in violation of the Building and Nays: None. when directed by the Director of Housing Code; now, therefore, Absent: Mayor Jackson and Direc- Community Development and when Be it resolved by the Board of tor Dumas. certain specified conditions have Control of the City of Cleveland that been met, to sell Land Reutilization under Section 183.021 of the Codified Resolution No. 212-13. Program parcels; and Ordinances of Cleveland, Ohio, 1976, By Director Rush. Whereas, Pearlie Jones has pro- the Commissioner of Purchases and Whereas, under Ordinance No. posed to the City to purchase and Supplies is authorized, when direct- 2076-76 passed October 25, 1976, the develop the parcel for yard expan- ed by the Director of Community City is conducting a Land Reuti- sion; and Development, and the Mayor is lization Program (“Program”) requested, to execute an Official Whereas, the following conditions according to the provisions of Chap- Deed for and on behalf of the City exist: ter 5722 of the Ohio Revised Code; of Cleveland, with Edward L. Leavy 1. The member of Council from and for the sale and development of Per- Ward 7 has approved the proposed Whereas, under the Program, the manent Parcel No. 108-13-148 located sale or has not disapproved or City has acquired Permanent Parcel at 10558 Glenville Avenue, according requested a hold of the proposed No. 120-10-077 located at 1463 East to the Land Reutilization Program sale within 45 days of notification 118th Street in Ward 9; and in such manner as best carries out Whereas, Section 183.021 of the of it; the intent of the program. Codified Ordinances of Cleveland, 2. The proposed purchaser of the Be it further resolved that the con- Ohio, 1976 authorizes the Commis- parcel is neither tax delinquent nor sideration for the sale of the parcel sioner of Purchases and Supplies, in violation of the Building and shall be $1.00, which amount is when directed by the Director of Housing Code; now, therefore, determined to be not less than the Community Development and when Be it resolved by the Board of fair market value of the parcel for certain specified conditions have Control of the City of Cleveland that uses according to the Program. been met, to sell Land Reutilization under Section 183.021 of the Codified Yeas: Directors Langhenry, Ben- Program parcels; and Ordinances of Cleveland, Ohio, 1976, der, Smith, Cox, Butler, Acting Whereas, Clara A. Everett has the Commissioner of Purchases and Director Withers, Directors Rush, proposed to the City to purchase and Supplies is authorized, when direct- Southerington, Nichols, Fumich and develop the parcel for yard expan- ed by the Director of Community Rybka. sion; and Development, and the Mayor is Nays: None. Whereas, the following conditions requested, to execute an Official Absent: Mayor Jackson and Direc- exist: Deed for and on behalf of the City tor Dumas. 1. The member of Council from of Cleveland, with Pearlie Jones for Ward 9 has approved the proposed the sale and development of Perma- Resolution No. 215-13. sale or has not disapproved or nent Parcel No. 106-04-091 located on By Director Rush. requested a hold of the proposed Addison Road, according to the Whereas, under Ordinance No. sale within 45 days of notification Land Reutilization Program in such 2076-76 passed October 25, 1976, the of it; manner as best carries out the City is conducting a Land Reuti- 2. The proposed purchaser of the intent of the program. lization Program (“Program”) parcel is neither tax delinquent nor Be it further resolved that the con- according to the provisions of Chap- in violation of the Building and sideration for the sale of the parcel ter 5722 of the Ohio Revised Code; Housing Code; now, therefore, shall be $1.00, which amount is and Be it resolved by the Board of determined to be not less than the Whereas, under the Program, the Control of the City of Cleveland that fair market value of the parcel for City has acquired Permanent Parcel under Section 183.021 of the Codified uses according to the Program. No. 142-05-067 located at 4115 East Ordinances of Cleveland, Ohio, 1976, Yeas: Directors Langhenry, Ben- 147th Street in Ward 1; and the Commissioner of Purchases and der, Smith, Cox, Butler, Acting Whereas, Section 183.021 of the Supplies is authorized, when direct- Director Withers, Directors Rush, Codified Ordinances of Cleveland, ed by the Director of Community Southerington, Nichols, Fumich and Ohio, 1976 authorizes the Commis- Development, and the Mayor is Rybka. sioner of Purchases and Supplies, requested, to execute an Official Nays: None. when directed by the Director of Deed for and on behalf of the City Absent: Mayor Jackson and Direc- Community Development and when of Cleveland, with Clara A. Everett tor Dumas. certain specified conditions have for the sale and development of Per- been met, to sell Land Reutilization manent Parcel No. 120-10-077 located Resolution No. 214-13. Program parcels; and at 1463 East 118th Street, according By Director Rush. Whereas, Lula Mayfield has pro- to the Land Reutilization Program Whereas, under Ordinance No. posed to the City to purchase and in such manner as best carries out 2076-76 passed October 25, 1976, the develop the parcel for yard expan- the intent of the program. City is conducting a Land Reuti- sion; and Be it further resolved that the con- lization Program (“Program”) Whereas, the following conditions sideration for the sale of the parcel according to the provisions of Chap- exist: shall be $200.00, which amount is ter 5722 of the Ohio Revised Code; 1. The member of Council from determined to be not less than the and Ward 1 has approved the proposed 784 May 8, 2013 The City Record 35 sale or has not disapproved or ment of Permanent Parcel No. 117- Resolution No. 218-13. requested a hold of the proposed 23-001 located at 17724 Rookwood By Director Rush. sale within 45 days of notification Road, according to the Land Reuti- Whereas, under Ordinance No. of it; lization Program in such manner as 2076-76 passed October 25, 1976, the 2. The proposed purchaser of the best carries out the intent of the City is conducting a Land Reuti- parcel is neither tax delinquent nor program. lization Program (“Program”) in violation of the Building and Be it further resolved that the con- according to the provisions of Chap- Housing Code; now, therefore, sideration for the sale of the parcel ter 5722 of the Ohio Revised Code; Be it resolved by the Board of shall be $1.00, which amount is and Control of the City of Cleveland that determined to be not less than the Whereas, under the Program, the under Section 183.021 of the Codified fair market value of the parcel for City has acquired Permanent Parcel Ordinances of Cleveland, Ohio, 1976, uses according to the Program. No. 110-14-054 located at 12513 the Commissioner of Purchases and Yeas: Directors Langhenry, Ben- Arlington Avenue in Ward 10; and Supplies is authorized, when direct- der, Smith, Cox, Butler, Acting Whereas, Section 183.021 of the ed by the Director of Community Director Withers, Directors Rush, Codified Ordinances of Cleveland, Development, and the Mayor is Southerington, Nichols, Fumich and Ohio, 1976 authorizes the Commis- requested, to execute an Official Rybka. sioner of Purchases and Supplies, Deed for and on behalf of the City Nays: None. when directed by the Director of of Cleveland, with Lula Mayfield for Absent: Mayor Jackson and Direc- Community Development and when the sale and development of Perma- tor Dumas. certain specified conditions have nent Parcel No. 142-05-067 located at been met, to sell Land Reutilization Program parcels; and 4115 East 147th Street, according to Resolution No. 217-13. Whereas, Douglas Edward Samuel the Land Reutilization Program in By Director Rush. has proposed to the City to purchase such manner as best carries out the Whereas, under Ordinance No. and develop the parcel for yard intent of the program. 2076-76 passed October 25, 1976, the expansion; and Be it further resolved that the con- City is conducting a Land Reuti- Whereas, the following conditions sideration for the sale of the parcel lization Program (“Program”) exist: shall be $200.00, which amount is according to the provisions of Chap- 1. The member of Council from determined to be not less than the ter 5722 of the Ohio Revised Code; Ward 10 has approved the proposed fair market value of the parcel for and sale or has not disapproved or uses according to the Program. Whereas, under the Program, the requested a hold of the proposed Yeas: Directors Langhenry, Ben- City has acquired Permanent Parcel sale within 45 days of notification der, Smith, Cox, Butler, Acting No. 105-25-092 located at 6527 Schae- of it; Director Withers, Directors Rush, fer Avenue in Ward 7; and 2. The proposed purchaser of the Southerington, Nichols, Fumich and Whereas, Section 183.021 of the parcel is neither tax delinquent nor Rybka. Codified Ordinances of Cleveland, in violation of the Building and Nays: None. Ohio, 1976 authorizes the Commis- Housing Code; now, therefore, Absent: Mayor Jackson and Direc- sioner of Purchases and Supplies, Be it resolved by the Board of tor Dumas. when directed by the Director of Control of the City of Cleveland that Community Development and when under Section 183.021 of the Codified Resolution No. 216-13. certain specified conditions have Ordinances of Cleveland, Ohio, 1976, By Director Rush. been met, to sell Land Reutilization the Commissioner of Purchases and Whereas, under Ordinance No. Program parcels; and Supplies is authorized, when direct- 2076-76 passed October 25, 1976, the Whereas, Jason Phillips has pro- ed by the Director of Community City is conducting a Land Reuti- posed to the City to purchase and Development, and the Mayor is lization Program (“Program”) develop the parcel for yard expan- requested, to execute an Official according to the provisions of Chap- sion; and Deed for and on behalf of the City ter 5722 of the Ohio Revised Code; Whereas, the following conditions of Cleveland, with Douglas Edward and exist: Samuel for the sale and development Whereas, under the Program, the 1. The member of Council from of Permanent Parcel No. 110-14-054 City has acquired Permanent Parcel Ward 7 has approved the proposed located at 12513 Arlington Avenue, No. 117-23-001 located at 17724 Rook- sale or has not disapproved or according to the Land Reutilization wood Road in Ward 10; and requested a hold of the proposed Program in such manner as best car- ries out the intent of the program. Whereas, Section 183.021 of the sale within 45 days of notification Be it further resolved that the con- Codified Ordinances of Cleveland, of it; sideration for the sale of the parcel Ohio, 1976 authorizes the Commis- 2. The proposed purchaser of the shall be $1.00, which amount is sioner of Purchases and Supplies, parcel is neither tax delinquent nor determined to be not less than the when directed by the Director of in violation of the Building and Community Development and when fair market value of the parcel for Housing Code; now, therefore, uses according to the Program. certain specified conditions have Be it resolved by the Board of been met, to sell Land Reutilization Yeas: Directors Langhenry, Ben- Control of the City of Cleveland that der, Smith, Cox, Butler, Acting Program parcels; and under Section 183.021 of the Codified Director Withers, Directors Rush, Whereas, Helen E. Minniefield has Ordinances of Cleveland, Ohio, 1976, Southerington, Nichols, Fumich and proposed to the City to purchase and the Commissioner of Purchases and Rybka. develop the parcel for yard expan- Supplies is authorized, when direct- Nays: None. sion; and ed by the Director of Community Absent: Mayor Jackson and Direc- Whereas, the following conditions Development, and the Mayor is tor Dumas. exist: requested, to execute an Official 1. The member of Council from Deed for and on behalf of the City Resolution No. 219-13. Ward 10 has approved the proposed of Cleveland, with Jason Phillips for By Director Rush. sale or has not disapproved or the sale and development of Perma- Whereas, under Ordinance No. requested a hold of the proposed nent Parcel No. 105-25-092 located at 2076-76 passed October 25, 1976, the sale within 45 days of notification 6527 Schaefer Avenue, according to City is conducting a Land Reuti- of it; the Land Reutilization Program in lization Program (“Program”) 2. The proposed purchaser of the such manner as best carries out the according to the provisions of Chap- parcel is neither tax delinquent nor intent of the program. ter 5722 of the Ohio Revised Code; in violation of the Building and Be it further resolved that the con- and Housing Code; now, therefore, sideration for the sale of the parcel Whereas, under the Program, the Be it resolved by the Board of shall be $1.00, which amount is City has acquired Permanent Parcel Control of the City of Cleveland that determined to be not less than the No. 110-24-028 located at 12313 Forest under Section 183.021 of the Codified fair market value of the parcel for Grove Avenue in Ward 9; and Ordinances of Cleveland, Ohio, 1976, uses according to the Program. Whereas, Section 183.021 of the the Commissioner of Purchases and Yeas: Directors Langhenry, Ben- Codified Ordinances of Cleveland, Supplies is authorized, when direct- der, Smith, Cox, Butler, Acting Ohio, 1976 authorizes the Commis- ed by the Director of Community Director Withers, Directors Rush, sioner of Purchases and Supplies, Development, and the Mayor is Southerington, Nichols, Fumich and when directed by the Director of requested, to execute an Official Rybka. Community Development and when Deed for and on behalf of the City Nays: None. certain specified conditions have of Cleveland, with Helen E. Min- Absent: Mayor Jackson and Direc- been met, to sell Land Reutilization niefield for the sale and develop- tor Dumas. Program parcels; and 785 36 The City Record May 8, 2013

Whereas, Leora VanDyke has pro- SCHEDULE OF THE BOARD Section 349.07(b) accessory off-street posed to the City to purchase and parking spaces must be provided develop the parcel for yard expan- OF ZONING APPEALS with wheel or bumper guards and sion; and pursuant to Section 325.03, must be Whereas, the following conditions at least 180 square feet. No striping exist: MONDAY, MAY 20, 2013 designating off-street parking 1. The member of Council from spaces is provided nor shown on the Ward 9 has approved the proposed 9:30 A.M. lot; and contrary to Sections 352.08- sale or has not disapproved or 12 no landscaping is provided where requested a hold of the proposed Calendar No. 13-62: 2676 West 14th the parking lot abuts the street and sale within 45 days of notification Street (Ward 3) a 6 foot width providing fifty per- of it; Walter Holtkamp, owner, and cent year round opacity is required 2. The proposed purchaser of the Sean Kelly and Andrea Thornton, and an 8 foot width providing sev- parcel is neither tax delinquent nor prospective tenants, appeal to estab- enty-five percent opacity is required in violation of the Building and lish use for a tattoo studio in an where the use abuts the Two Fam- Housing Code; now, therefore, existing building located on a 148' ily district; and under the provisions Be it resolved by the Board of x 83' parcel in a D2 Local Retail in Section 357.13, parking is not a Control of the City of Cleveland that Business District; a use not permit- permitted front yard encroachment. under Section 183.021 of the Codified ted under Section 343.01 and first Ordinances of Cleveland, Ohio, 1976, permitted in a General Retail Dis- Violation Notice the Commissioner of Purchases and trict subject to the requirements Calendar No. 13-71: 17604 Sedalia Supplies is authorized, when direct- under Section 347.12(b) that the use Avenue (Ward 19) ed by the Director of Community must be 1,000 feet from a residence Khalil Rasheed appeals under the Development, and the Mayor is district, church, playground, day authority of Section 76-6 of the Char- requested, to execute an Official care or community center and the ter of the City of Cleveland and Sec- Deed for and on behalf of the City proposed use is within 1,000 feet of tion 329.02(d) of the Cleveland Cod- of Cleveland, with Leora VanDyke residential districts to the east, west ified Ordinances and disputes the for the sale and development of Per- and south; four churches, a Hunger decision rendered by the City of manent Parcel No. 110-24-028 located Center, Lincoln Park and Play- Cleveland Parking Violations at 12313 Forest Grove Avenue, Bureau Waste Collection and Photo according to the Land Reutilization ground; a day care and community center. Safety Division on January 16, 2013 Program in such manner as best car- and the violation information ries out the intent of the program. described on Civil Infraction Ticket Calendar No. 13-63: 1002 Kenilworth Be it further resolved that the con- Number WC00155036, issued October Avenue (Ward 3) sideration for the sale of the parcel 8, 2012 for the property located at John Meigs, owner, appeals to shall be $400.00, which amount is 17604 Sedalia Avenue and failure to determined to be not less than the erect a 19' x 22'-6" one and a half comply with Section 551.111(B) in fair market value of the parcel for story frame, attached garage and the Cleveland Codified Ordinances. uses according to the Program. roof deck to an existing noncon- (Filed 4-24-13) Yeas: Directors Langhenry, Ben- forming building located on a 40' x der, Smith, Cox, Butler, Acting 93' parcel in a B1 Two-Family Dis- Calendar No. 13-73: 11607 Euclid Director Withers, Directors Rush, trict; contrary to Section 355.04(b) a Avenue (Ward 9) Southerington, Nichols, Fumich and maximum gross floor area of 3,621 Maximum Independence Living, Rybka. square feet is proposed and 1,860 is owner, appeals to renovate a 6-story, Nays: None. permitted; and prosing a rear yard 35 unit apartment building and Absent: Mayor Jackson and Direc- depth of 1'-6" contrary to 20 feet change the use of 2,600 square feet tor Dumas. and Section 357.08(b)(1) and a dis- of first floor office space to retail tance of 5'-6" contrary to 10 feet use, subject to lot split and consoli- JEFFREY B. MARKS, from a main building on an adjoin- dation of parcels and located in a Secretary ing lot and an interior side yard of C2 General Retail Business District; 1'-6" where the minimum required is requiring accessory off-street park- 3 feet in accordance with Sections ing at the rate of one space per CIVIL SERVICE NOTICES 357.09(2)A and B and pursuant to dwelling unit, plus one space per ______Section 359.01(a) in the Cleveland 500 square feet of retail space pur- Codified Ordinances approval for the suant to Section 349.04(a)(f) and General Information expansion of a nonconforming use with the proposed lot split, no acces- Application blanks and informa- requires the Board of Zoning sory off-street parking is provided tion, regarding minimum entrance Appeals approval. and an existing parking lot will be qualifications, scope of examination, in different title ownership than the and suggested reference materials Calendar No. 13-66: 2280 East 55th subject parcel; and in the provisions may be obtained at the office of the Street (Ward 5) of Section 349.02 existing parking Civil Service Commission, Room 119, Elabed, LLC, owner, appeals to facilities in all use districts shall City Hall, East 6th Street, and Lake- construct a new retail store pro- not voluntarily be reduced below the side Avenue. posed to be on consolidated parcels parking requirements in Chapter 349 located in split zoning between Gen- of the Cleveland Zoning Code. Application blanks must be prop- eral Retail Business and Multi-Fam- erly filled out on the official form ily Districts; subject to the limita- Secretary prescribed by the Civil Service Com- tions under Section 337.08 the use is mission and filed at the office of the not permitted and first permitted commission not later than the final under Section 343.01 in a Local REPORT OF THE BOARD closing date slated in the examina- Retail District and proposing a 4 OF ZONING APPEALS tion announcement. feet high board on board fence where a decorative fence at least EXAMINATION RESULTS: Each fifty percent open is required along MAY 6, 2013 applicant whether passing or failing East 49th Street in accordance with will be notified of the results of the Section 358.04 in the Cleveland Cod- At the meeting of the Board of examination as soon as the commis- ified Ordinances. Zoning Appeals on Monday, May 6, sion has graded the papers. There- 2013, the following appeals were after, eligible lists will be estab- Calendar No. 13-67: 5400 Herman scheduled for hearing before the lished which will consist of the Avenue (Ward 15) Board. names of those candidates who have Argentina Rocco, owner, appeals been successful in all parts of the to include a 24' x 40' outdoor patio The following appeals were examination. with a 38' x 40' legal nonconform- APPROVED: ing tavern in a B2 Two Family Dis- PHYSICAL EXAMINATION: All trict; for which the expansion of Calendar No. 13-58: 8902 Detroit candidates for original entrance po- nonconforming use is not permitted Avenue, aka 1381 West 91st Street sitions who are successful in other except as a variance in accordance Algart Realty Company appealed parts of the examinations must sub- with Section 359.01(a); and contrary to install 84 linear feet of 8-feet high mit to a physical examination. to Sections 358.04(a) and (c) chain chain link fence in the actual front link fence 6 feet high is not per- and rear yards of property in a B1 ROBERT BENNETT, mitted in front and side yards of a Two-Family District; subject to con- President residence district; and subject to ditions. 786 May 8, 2013 The City Record 37

Calendar No. 13-59: 10515 Eliot Calendar No. 13-55: 8200 Bessemer erty located at 1805 Spring Road to Avenue Avenue Urban Garden District. (Map Change Marcella Truett appealed to erect Sidako Bessemer I LLC appealed No. 2335, Sheet No. 2) a second floor addition to a single to install 10-foot high electrified family dwelling in a B1 Two-Fami- fence in a B3 General Industry Dis- Ord. No. 603-11. ly District. trict. By Council Member Dow. An ordinance to change the Use, The following appeal was Calendar No. 13-56: 6005 Truscon DENIED: Area and Height District of land Avenue located on the north and south sides Truscon Realty, LLC appealed to Calendar No. 13-57: of Hough Avenue between E. 55th Fahkari Mhmoud appealed from a install 10-foot high electrified fence Street and E. 75th Street to Multi- in a B3 General Industry District. decision of the City of Cleveland Family Residential District, a ‘D’ Parking Violations Bureau, Waste Area District and a ‘2’ Height Dis- The following appeal was Collection and Photo Safety Division trict(Map Change No. 2362, Sheet and Civil Infraction Ticket DENIED: Numbers 4 & 5). WC00160473. Calendar No. 13-44: 3682 East 131st The following appeal was DIS- Street Ord. No. 1559-12. MISSED: Wilson Fisher, Jr. appealed from By Council Member Zone. a denied application for a Motor An ordinance changing the Use Calendar No. 13-61: 1662 Crawford Vehicle Repair Garage License by Districts of lands located at the Avenue the Commissioner of Assessments intersection of Clark Avenue and W. City of Cleveland, owner, and and Licenses. 65th Street to Local Retail Business Jamel Rahkeera, prospective tenant, and changing Use District of lands appealed to erect a farm stand and Secretary north of Storer Ave. between W. a hoop house on an irregular shaped parcel in a D2 Multi-Family District. 63rd St. and W. 67 Place to General Industry as shown shaded on the REPORT OF THE BOARD The following appeals were map (Map Change Number 2427). WITHDRAWN: OF BUILDING STANDARDS AND BUILDING APPEALS Ord. No. 25-13. Calendar No. 12-234: 2277 East 49th By Council Member Westbrook. Street (PPN 104-24-063) An ordinance changing the Use Farid Elabed and Fatima Lange and Height Districts of lands on the appealed from a decision of the NO MEETING Commissioner of Assessments and north and south sides of Lorain Licenses. Avenue between West Boulevard and W. 94th Street shown shaded on Calendar No. 12-235: 2256 East 55th PUBLIC NOTICE the attached map to Local Retail Street (PPN 103-24-080) Business and a ‘2’ Height District Elabed, LLC appealed from a deci- Public notice is hereby given that (Map Change No. 2428). sion of the Commissioner of Assess- the City of Cleveland Public ments and Licenses. Records Committee will hold a Reg- Ord. No. 505-13. ular Meeting on Thursday, May 30, By Council Member J. Johnson. Calendar No. 12-236: 2256 East 55th 2013 in the City Law Department’s Street (PPN 103-24-081) An emergency ordinance desig- South Conference Room, located at Elabed, LLC appealed from a deci- nating the Groh Mansion as a Cleve- Cleveland City Hall, 601 Lakeside sion of the Commissioner of Assess- land Landmark. ments and Licenses. Avenue, East, Room 106, commenc- ing at 9:00 a.m., or as soon there- Ord. No. 506-13. after as possible. Calendar No. 12-237: 2276 East 55th By Council Member J. Johnson. Street (PPN 103-24-0840) An emergency ordinance desig- Maureen Harper, Chair Fatima Lange appealed from a nating the Stockbridge Apartment decision of the Commissioner of Building as a Cleveland Landmark. Assessments and Licenses. April 24, 2013, May 1, 2013, May 8, The following appeals were POST- 2013, May 15, 2013 and May 22, 2013 Ord. No. 512-13. PONED: By Council Member Polensek. An ordinance establishing a None. NOTICE OF PUBLIC HEARING Pedestrian Retail Overlay (PRO) on ______and changing the Use District of The following appeal was remand- lands located at E. 156 St. and Cal- ed to the City of Cleveland Parking cutta Avenue from a Two Family Violations Bureau, Photo Safety and Notice of Public Hearing Residential District to Local Retail Waste Collection for appropriate By the Council Committee Business, a ‘C’ Area District and a process of the request for a hearing. On City Planning ‘2’ Height District (Map Change No. Violation Notice 2430). Mercedes Cotner Calendar No. 13-60: 13406 Rugby Committee Room 217 Road City Hall, Cleveland, Ohio Ord. No. 572-13. Sharon Richardson appealed from By Council Member Sweeney. Civil Infraction Number On Wednesday, May 15, 2013 An ordinance to change the Use WC000958777 issued by the Division 1:00 p.m. of Waste Collection. District of lands on the north side Notice is hereby given to all inter- of Fairlawn Avenue at W. 146th The following appeals heard by ested property owners that the Street to Semi-Industry conditioned the Board on April 29, 2013 were Council Committee on City Planning upon attached Site Development adopted and approved on May 6, will hold a public hearing in the Plan (Map Change No. 2432). 2013: Mercedes Cotner Committee Room 217, City Hall, Cleveland, Ohio, on All interested persons are urged The following appeals were to be present or to be represented at APPROVED: Wednesday, May 15, 2013, at 1:00 p.m., to consider the following ordi- the above time and place. Calendar No. 13-47: 806 Literary nances now pending in the Council: Avenue Phyllis E. Cleveland, Chair Sandy Banks LLC appealed for Ord. No. 825-10. Committee on City Planning use of an outdoor patio area and By Council Member Brancatelli. _____ construction of patio walls ion a C1 An ordinance to change the zon- General Retail Business District. ing of the Southern Half of the prop- May 1, 2013 and May 8, 2013 787 38 The City Record May 8, 2013

CITY OF CLEVELAND BIDS DAY, MAY 17, 2013 AT 10:00 A.M. AMOUNT OF ONE HUNDRED MOTOR VEHICLE MAINTE- AND TWENTY-FIVE DOLLARS NANCE, 4150 EAST 49TH ($125.00) ONLY IN THE FORM STREET, CLEVELAND, OHIO OF A CASHIER’S CHECK OR A For All Departments 44105. MONEY ORDER (NO COMPANY CHECKS, NO CASH AND NO Sealed bids will be received at the May 8, 2013 and May 15, 2013 CREDIT CARDS WILL BE office of the Commissioner of Pur- ACCEPTED TO PURCHASE chases and Supplies, Room 128, City FRIDAY, MAY 31, 2013 PLANS). Hall, in accordance with the append- THERE WILL BE A NON-MANDA- ed schedule, and will be opened and File No. 79-13 — Disposal of Catch TORY PRE-BID MEETING FRI- read in Room 128, City Hall, imme- Basin Debris, for the Division of DAY, MAY 17, 2013 AT 10:00 A.M. diately thereafter. Water Pollution Control, Depart- TOM L. JOHNSON BUILDING, Each bid must be made in accor- ment of Public Utilities, as autho- CLEVELAND PUBLIC POWER, dance with the specifications and rized by Section 129.29 of the Cod- 1300 LAKESIDE AVENUE, CLEVELAND, OHIO 44114. must be submitted on the blanks ified Ordinances of Cleveland, supplied for the purpose, all of Ohio, 1976. THERE WILL BE A MANDATORY which may be obtained at the office May 8, 2013 and May 15, 2013 PRE-BID MEETING TUESDAY, of the said Commissioner of Pur- MAY 21, 2013 AT 11:00 A.M. DIVI- chases and Supplies, but no bid will SION OF WATER POLLUTION ADOPTED RESOLUTIONS be considered unless delivered to CONTROL, 12302 KIRBY the office of the said commissioner AVENUE, RED CONFERENCE AND ORDINANCES previous to 12:00 noon (Eastern ROOM, CLEVELAND, OHIO 44108. Standard Time) on the date speci- THE CITY OF CLEVELAND WILL fied in the schedule. NOT CONSIDER THE BID OF Res. No. 251-13. By Council Members Miller, Cleve- 187.10 Negotiated contracts; Notice ANYONE WHO DOES NOT AT - land and Kelley (by departmental required in Advertisement for Bids. TEND A MANDATORY PRE-BID CONFERENCE. re quest). Where invitations for bids are An emergency resolution declar- advertised, the following notice ing the intent to vacate a portion of shall be included in the advertise- May 8, 2013 and May 15, 2013 Carnation Court N.E. (10.00 feet ment: “Pursuant to the MBE/FBE wide). Code, each prime bidder, each minor- WEDNESDAY, JUNE 5, 2013 Whereas, this Council is satisfied ity business enterprise (“MBE”) and that there is good cause to vacate a File No. 77-13 — Labor and Materi- each female business enterprise portion of Carnation Court N.E. als for the Maintenance, Repair, (“FBE”) must be certified before (10.00 feet wide), as described; and or Replacement of Test Equip- doing business with the City. There- Whereas, this resolution consti- ment and Training as Necessary tutes an emergency measure provid- fore, any prime contractor wishing (Re-bid), for the Division of ing for the usual daily operation of to receive credit for using an MBE Cleveland Public Power, Depart- a municipal department; now, there- or FBE should ensure that applica- ment of Public Utilities, as autho- fore, tions for certification as to MBE or rized by Ordinance No. 1183-10, Be it resolved by the Council of FBE status compliance with the passed by the Council of the City the City of Cleveland: Code, affirmative action in employ- of Cleveland, October 18, 2010. Section 1. That this Council de - ment and, if applicable, joint ven- THERE WILL BE A NON-MANDA- clares its intent to vacate a portion ture status, are submitted to the Of- TORY PRE-BID MEETING of the following described real prop- fice of Equal Opportunity (“OEO”) THURSDAY, MAY 16, 2013 AT erty: 11:00 A.M. TOM L. JOHNSON prior to the date of bid opening or BUILDING, CLEVELAND PUB- A portion of Carnation Court N.E. submission of proposals or as speci - LIC POWER, 1300 LAKESIDE (10.00 feet wide) fied by the Director. Failure to com- AVENUE, CLEVELAND, OHIO Situated in the City of Cleveland, ply with the business enterprise 44114. County of Cuyahoga and State of code or with representations made Ohio and being part of Original 100 on these forms may result in can- File No. 78-13 — Purchase of High Acre Lot numbers 364 and 365, fur- cellation of the contract or other Voltage Switching Equipment, ther described as follows: civil or criminal penalties.” for the Division of Cleveland Pub- All that portion of Carnation lic Power, Department of Public Court N.E. (10.00 feet wide) extend- WEDNESDAY, MAY 22, 2013 Utilities, as authorized by Section ing from the East right of way of 129.26 of the Codified Ordinances East 124th Street (40.00 feet wide) File No. 75-13 — First Energy Sta- of Cleveland, Ohio, 1976. to the West right of way of East dium Insurance, for the Division THERE WILL BE A NON-MANDA- 125th Street (60.00 feet wide). of First Energy Stadium, Depart- TORY PRE-BID MEETING Legal Description approved by ment of Public Works, as autho- THURSDAY, MAY 16, 2013 AT Greg Esber, Section Chief, Plats, rized by Section 181.101 of the 10:00 A.M. TOM L. JOHNSON Surveys and House Numbering Sec- Codified Ordinances of Cleveland, BUILDING, CLEVELAND PUB- tion. Ohio, 1976. LIC POWER, 1300 LAKESIDE Section 2. That this resolution is THERE WILL BE A NON-MANDA- AVENUE, CLEVELAND, OHIO declared to be an emergency mea- TORY PRE-BID MEETING 44114. sure and, provided it receives the TUESDAY, MAY 14, 2013 AT 11:00 affirmative vote of two-thirds of all A.M. CLEVELAND CITY HALL, the members elected to Council, it May 8, 2013 and May 15, 2013 DIVISION OF PURCHASES AND shall take effect and be in force SUPPLIES, ROOM 128, 601 LAKE- immediately upon its adoption and FRIDAY, JUNE 7, 2013 SIDE AVENUE, CLEVELAND, approval by the Mayor; otherwise it OHIO 44114. shall take effect and be in force File No. 76-13 — Utility Pole from and after the earliest period Replacement Labor and Material allowed by law. May 1, 2013 and May 8, 2013 to Test, Repair, Remove and Adopted April 29, 2013. Replace Deteriorating Copper Effective May 1, 2013. WEDNESDAY, MAY 29, 2013 Naphthenate-Treated Utility Poles, for the Division of Cleve- File No. 80-13 — Diesel Fuel, for the land Public Power, Department of Division of Motor Vehicle Main- Public Utilities, as authorized by Res. No. 370-13. tenance, Department of Public Section 129.26 of the Codified By Council Members Miller, Cleve- Works, as authorized by Section Ordinances of Cleveland, Ohio, land and Kelley (by departmental 131.65 of the Codified Ordinances 1976. request). of Cleveland, Ohio, 1976. *THERE WILL BE A NON- An emergency resolution declar- THERE WILL BE A NON-MANDA- REFUNDABLE FEE FOR PLANS ing the intent to vacate a portion of TORY PRE-BID MEETING FRI- AND SPECIFICATIONS IN THE Gould Court N.W. (16.5 Feet Wide). 788 May 8, 2013 The City Record 39

Whereas, this Council is satisfied consents to the immediate renewal LLC, DBA Prodigy Club/Club Prodi- that there is good cause to vacate a thereof. gy, Southeast Unit, 3801 St. Clair portion of Gould Court N.W. (16.5 Section 2. That this resolution is Avenue, Cleveland, Ohio 44103, Per- Feet Wide), as described; and hereby declared to be an emergency manent Number 7505402 to Ron- Whereas, this resolution consti- measure and provided it receives the ndurah Properties, LLC, DBA Prodigy tutes an emergency measure for the affirmative vote of two-thirds of all Lounge, 3400 St. Clair Avenue, Cleve- immediate preservation of public the members elected to Council, it land, Ohio 44114, Permanent Number peace, property, health or safety, shall take effect and be in force imme- 75054020001; and requests the Director now, therefore, diately upon its adoption and of Liquor Control to set a hearing for Be it resolved by the Council of approval by the Mayor; otherwise, it said application in accordance with the City of Cleveland: shall take effect and be in force from provisions of Section 4303.26 of the Section 1. That this Council and after the earliest period allowed Revised Code of Ohio. declares its intent to vacate a por- by law. Section 2. That the Clerk of Council tion of the following described real Adopted April 29, 2013. be and she is hereby directed to trans- property: Effective May 1, 2013. mit two certified copies of this resolu- A portion of Gould Court N.W. 16.5 tion, together with two copies of a let- (Feet Wide) (formerly know as the ter of objection and two copies of a first unnamed alley running east and letter requesting that the hearing be west, south of Bridge Avenue N.W. Res. No. 622-13. held in Cleveland, Cuyahoga County. (formerly Bridge Street) and east of By Council Member J. Johnson. Section 3. That this resolution is West 25th Street (formerly Pearl An emergency resolution object- hereby declared to be an emergency Street) ing to the transfer of liquor license measure and, provided it receives the Situated in the City of Cleveland, of a D4 and D6 Liquor Permit to affirmative vote of two-thirds of all County of Cuyahoga and State of Ohio 3400 St. Clair Avenue. the members elected to Council, it and being part of original Brooklyn Whereas, Council has been noti- shall take effect and be in force imme- Township lot number 70 as shown in fied by the Department of Liquor diately upon its adoption and the Willeyville Allotment recorded in Control of an application for the approval by the Mayor; otherwise, it volume 2, page 16 of the Cuyahoga transfer of liquor license of a D4 shall take effect and be in force from County Map Records’ further and D6 Liquor Permit from Ron- and after the earliest period allowed described as follows; ndurah Properties, LLC, DBA Prodi- by law. All that portion of Gould Court N.W. gy Club/Club Prodigy, Southeast Adopted April 29, 2013. (16.5 Feet Wide) extending from the Unit, 3801 St. Clair Avenue, Cleve- Effective May 1, 2013. east right of way of West 25th Street land, Ohio 44103, Permanent Number (82.50 Feet Wide) to the west right of 7505402 to Ronndurah Properties, way of West 24th place (16.5 Feet LLC, DBA Prodigy Lounge, 3400 St. Wide). Clair Avenue, Cleveland, Ohio 44114, Res. No. 633-13. Legal Description approved by Permanent Number 75054020001; and By Council Member Reed. Greg Esber, Section Chief, Plats, Sur- Whereas, the granting of this An emergency resolution object- application for a liquor permit to ing to a New C1 Liquor Permit at veys and House Numbering Section. this high crime area, which is 12401 Corlett Avenue. Section 2. That this resolution is already saturated with other liquor Whereas, Council has been noti- declared to be an emergency measure outlets, is contrary to the best inter- fied by the Department of Liquor and, provided it receives the affirma- ests of the entire community; and Control of an application for a New tive vote of two-thirds of all the mem- Whereas, the applicant does not C1 Liquor Permit at Amana My Way bers elected to Council, it shall take qualify to be a permit holder and/or Deli, Inc., DBA Corlett Deli, 12401 effect and be in force immediately has demonstrated that he has oper- Corlett Avenue, Cleveland, Ohio upon its adoption and approval by the ated his liquor business in disregard 44105, Permit Number 01608940005; Mayor; otherwise it shall take effect of the laws, regulations or local and and be in force from and after the ear- ordinances of this state or any other Whereas, the granting of this liest period allowed by law. state; and application for a liquor permit to Adopted April 29, 2013. Whereas, the place for which the this high crime area, which is Effective May 1, 2013. permit is sought has not conformed already saturated with other liquor to the building, safety or health outlets, is contrary to the best inter- requirements of the governing body ests of the entire community; and of this County or City; and Whereas, the applicant does not Res. No. 621-13. Whereas, the place for which the qualify to be a permit holder and/or By Council Member Cummins. permit is sought is so arranged or has demonstrated that he has oper- An emergency resolution object- constructed that law enforcement ated his liquor business in disregard ing to a New C1 Liquor Permit at officers or agents of the Department of the laws, regulations or local 3226 Clark Avenue. of Liquor Control are prevented rea- ordinances of this state or any other Whereas, this Council objected to sonable access to the establishment; state; and a C1 and C2 Liquor Permit to 657 and Whereas, the place for which the East 152nd Street by Resolution No. Whereas, the place for which the permit is sought has not conformed 1091-12 adopted by the Council on permit is sought is so located with to the building, safety or health August 8, 2012; and respect to the neighborhood that it requirements of the governing body Whereas, this Council wishes to substantially interferes with public of this County or City; and withdraw its objection to the above decency, sobriety, peace or good Whereas, the place for which the renewal and consents to said renew- order; and permit is sought is so arranged or al based upon a cooperation agree- Whereas, this objection is based constructed that law enforcement ment between Applicant Yaser S. on other legal grounds as set forth officers or agents of the Department Najjar, President of East 152nd in Revised Code Section 4303.292; of Liquor Control are prevented rea- Street, Inc., and Councilman Michael and sonable access to the establishment; D. Polensek; and Whereas, this resolution consti- and Whereas, this resolution consti- tutes an emergency measure provid- Whereas, the place for which the tutes an emergency measure provid- ing for the immediate preservation permit is sought is so located with ing for the usual daily operation of of the public peace, prosperity, safe- respect to the neighborhood that it a municipal department; now, there- ty and welfare pursuant to Section substantially interferes with public fore, 4303.26 of the Ohio Revised Code. decency, sobriety, peace or good Be it resolved by the Council of Council’s objection to said permit order; and the City of Cleveland: must be received by the Director of Whereas, this objection is based Section 1. That objection to a C1 and Liquor Control within 30 days of on other legal grounds as set forth C2 Liquor Permit to East 152nd Inc., notification; now, therefore, in Revised Code Section 4303.292; 657 East 152nd Street, Cleveland, Ohio Be it resolved by the Council of and 44110, Permanent Number 2405365 be the City of Cleveland: Whereas, this resolution consti- and the same is hereby withdrawn Section 1. That Council does hereby tutes an emergency measure provid- and Resolution No. 1091-12, containing record its objection to the transfer of ing for the immediate preservation such objection, be and the same is liquor license of a D4 and D6 Liquor of the public peace, prosperity, safe- hereby repealed and that this Council Permit from Ronndurah Properties, ty and welfare pursuant to Section 789 40 The City Record May 8, 2013

4303.26 of the Ohio Revised Code. shall take effect and be in force imme- a major part of the public sector Council’s objection to said permit diately upon its adoption and workforce; and must be received by the Director of approval by the Mayor; otherwise, it Whereas, words help shape per- Liquor Control within 30 days of shall take effect and be in force from ceptions about people and opportu- notification; now, therefore, and after the earliest period allowed nities available to people; and Be it resolved by the Council of by law. Whereas, this resolution consti- the City of Cleveland: Adopted April 29, 2013. tutes an emergency measure for the Section 1. That Council does hereby Effective May 1, 2013. immediate preservation of public record its objection to a New C1 peace, property, health, or safety, Liquor Permit at Amana My Way now, therefore, Deli, Inc., DBA Corlett Deli, 12401 Cor- Be it resolved by the Council of lett Avenue, Cleveland, Ohio 44105, Res. No. 635-13. the City of Cleveland: Permit Number 01608940005; and By Council Member Conwell. Section 1. That this Council encour- requests the Director of Liquor Con- An emergency resolution encour- ages the Jackson administration to trol to set a hearing for said applica- aging the Jackson administration to review its laws for gender –biased ter- tion in accordance with provisions of review its laws for gender-biased minology and to revise its laws to Section 4303.26 of the Revised Code of terminology and to revise its laws make the language gender-neutral. Ohio. to make the language gender-neu- Section 2. That this resolution is Section 2. That the Clerk of Council tral. hereby declared to be an emergency be and she is hereby directed to trans- Whereas, U.S. cities and states measure and, provided it receives the mit two certified copies of this resolu- have begun to review their laws to affirmative vote of two-thirds of all tion, together with two copies of a let- remove gender bias from the lan- the members elected to Council, it ter of objection and two copies of a guage; and shall take effect and be in force imme- letter requesting that the hearing be Whereas, words such as “watch- diately upon its adoption and held in Cleveland, Cuyahoga County. men”, “policemen” and “firemen” are approval by the Mayor; otherwise, it Section 3. That this resolution is being revised to “security guards”, shall take effect and be in force from hereby declared to be an emergency “police officers” and “firefighters” and after the earliest period allowed measure and, provided it receives the and by law. affirmative vote of two-thirds of all Whereas, many laws were written Adopted April 29, 2013. the members elected to Council, it decades ago when women were not Effective May 1, 2013.

Ord. No. 133-13. By Council Member Zone. An ordinance changing the Use and Height Districts of lands located on the southwest corner of Fulton Road and Bailey Avenue to Two Family Residential, and a ‘1’ Height District or a Local Retail Business District as indicated on the attached map (Map Change No. 2402). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use Districts of lands bounded and described as follows: Beginning in the centerline of Fulton Road at its intersection with the easterly prolongation of the centerline of Bailey Avenue; Thence westerly along said prolongation of said centerline of Bailey Avenue to its intersection with the norther- ly prolongation of the centerline of Bailey Court; Thence southerly along said prolongation of said centerline of Bailey Court and along its southerly prolonga- tion to its intersection with a northerly line of a parcel of land conveyed to Desoto Properties, LLC by deed dated May 3, 2001 and recorded in Auditor’s File Number 200105031191; said parcel also being known as Cuyahoga Coun- ty’s Permanent Parcel Number 007-07-044; Thence westerly along said northerly line to its intersection with the westerly line thereof; Thence southerly along said westerly line to its intersection with the northerly line of a parcel of land con- veyed to Desoto Properties, LLC by deed dated May 3, 2001 and recorded in Auditor’s File Number 200105031191; said parcel also being known as Cuyahoga County’s Permanent Parcel Number 007-07-037; Thence westerly along said northerly line and along its westerly prolongation to its intersection with the cen- terline of West 37 Street; Thence southerly along said centerline of West 37 Street and along its southerly prolongation to its intersec- tion with the northerly line of a parcel of land conveyed to Cleveland RTA by deed dated September 5, 1975 and recorded in Auditor’s File Number V75138690608; said parcel also being known as Cuyahoga County’s Permanent Parcel Number 007-15-004; Thence easterly and northeasterly along said northerly line and continuing along its easterly prolongation to its intersection with the centerline of Fulton Road; Thence northerly along said centerline of Fulton Road to its intersection with the easterly prolongation of the centerline of Bailey Avenue and the principal place of beginning, and as identified on the attached map is changed to a Local Retail Business District. Section 2. That the Use and Height Districts of lands bounded and described as follows: Beginning in the centerline of Bailey Avenue at its intersection with the northerly prolongation of the center- line of Bailey Court; Thence southerly along said prolongation of said centerline of Bailey Court and along its southerly prolonga- tion to its intersection with a northerly line of a parcel of land conveyed to Desoto Properties, LLC by deed dated May 3, 2001 and recorded in Auditor’s File Number 200105031191; said parcel also being known as Cuyahoga Coun- ty’s Permanent Parcel Number 007-07-044; Thence westerly along said northerly line to its intersection with the southerly prolongation of the westerly line of a parcel of land conveyed to the City of Cleveland by deed dated September 11, 2000 and recorded in Auditor’s File Number 200009190072, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 007-07-042; Thence northerly along said southerly prolongation and said westerly line and continuing along its northerly prolongation to its intersection with the centerline of Bailey Avenue; and as identified on the attached map is changed to a Two Family Residential District, and a ‘1’ Height District. Section 3. That the changed designation of lands described in Sections 1 and 2 shall be identified as Map Change No. 2402 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 designat- ed for this purpose by the City Planning Commission. Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 790 May 8, 2013 The City Record 41

Passed April 29, 2013. Effective May 29, 2013. 791 42 The City Record May 8, 2013

Ord. No. 196-13. immediately upon its passage and of the development, heritage, or cul- By Council Member J. Johnson. approval by the Mayor; otherwise it tural characteristics of the City, An emergency ordinance desig- shall take effect and be in force State, or the United States, is desig- nating the Jonell Centre (formerly from and after the earliest period nated a landmark under Chapter 161 the Garfield Savings Bank and the allowed by law. of the Codified Ordinances of Cleve- Cleveland Trust Company) as a Passed April 29, 2013. land, Ohio, 1976. Cleveland Landmark. Effective May 1, 2013. Section 2. That this ordinance is Whereas, under Chapter 161 of the declared to be an emergency mea- Codified Ordinances of Cleveland, sure and, provided it receives the Ohio, 1976, the Cleveland Landmarks affirmative vote of two-thirds of all Commission (the “Commission”), has Ord. No. 197-13. the members elected to Council, it proposed to designate the Jonell By Council Member J. Johnson. shall take effect and be in force Centre (formerly the Garfield Sav- An emergency ordinance desig- immediately upon its passage and ings Bank and the Cleveland Trust nating the Morison Avenue Mission- approval by the Mayor; otherwise it Company) as a landmark; and ary Baptist Church (formerly the shall take effect and be in force Whereas, the owner of the Jonell Morison Avenue Communal Baths) from and after the earliest period Centre (formerly the Garfield Sav- as a Cleveland Landmark. allowed by law. ings Bank and the Cleveland Trust Whereas, under Chapter 161 of the Passed April 29, 2013. Company) has been properly noti- Codified Ordinances of Cleveland, Effective May 1, 2013. fied and has consented in writing to Ohio, 1976, the Cleveland Landmarks the proposed designation; and Commission (the “Commission”), has Whereas, the Commission has rec- proposed to designate the Morison ommended designation of the Jonell Avenue Missionary Baptist Church Ord. No. 237-13. Centre (formerly the Garfield Sav- (formerly the Morison Avenue Com- By Council Members Mitchell and ings Bank and the Cleveland Trust munal Baths) as a landmark; and Kelley (by departmental request). Company) as a landmark and has Whereas, the owner of the Morison An emergency ordinance to amend set forth certain findings of fact Avenue Missionary Baptist Church the title and Section 3 of Ordinance constituting the basis for its deci- (formerly the Morison Avenue Com- No. 1449-11, passed October 24, 2011, sion; and munal Baths) has been properly and the title and Section 4 of Ordi- Whereas, this ordinance consti- notified and has consented in writ- nance 1248-12, passed September 24, tutes an emergency measure provid- ing to the proposed designation; and 2012, relating to the Ohio Office of ing for the immediate preservation Whereas, the Commission has Criminal Justice Services grant for of the public peace, property, health, recom mended designation of the the Veterans Treatment Docket Pro- and safety in that the immediate Morison Avenue Missionary Baptist gram for the Cleveland Municipal protection of the historic landmark Church (formerly the Morison Ave- Court. is necessary to safeguard the spe- nue Communal Baths) as a land- Whereas, this ordinance consti- cial historical, community, or aes- mark and has set forth certain find- tutes an emergency measure provid- thetic interest or value in the land- ings of fact constituting the basis ing for the usual daily operation of mark; now, therefore for its decision; and a municipal department; now, there- Be it ordained by the Council of Whereas, this ordinance consti- fore, the City of Cleveland: tutes an emergency measure provid- Be it ordained by the Council of Section 1. That the Jonell Centre ing for the immediate preservation the City of Cleveland: (formerly the Garfield Savings of the public peace, property, health, Section 1. That title and Section 3 Bank and the Cleveland Trust Com- and safety in that the immediate of Ordinance No. 1449-11, passed pany), whose street address in the protection of the historic landmark October 24, 2011, is amended to read City of Cleveland is 10518 Superior is necessary to safeguard the spe- as follows: Avenue, N.E., Cuyahoga County cial historical, community, or aes- An emergency ordinance authoriz- Auditor’s Permanent Parcel Number thetic interest or value in the land- ing the Director of Finance, on behalf is 120-01-003, and is also known as mark; now, therefore of Cleveland Municipal Court, to the following described property: Be it ordained by the Council of apply for and accept a grant from the Situated in the City of Cleveland, the City of Cleveland: Ohio Office of Criminal Justice Ser- County of Cuyahoga, and State of Section 1. That the Morison Ave - vices for the Veterans Court – Treat- Ohio and known as being all of nue Missionary Baptist Church (for- ment Program; and to enter into one Sublot Number 166 in the Sarah merly the Morison Avenue Commu- or more contracts with Y-Haven to Phillips Subdivision of part of Orig- nal Baths), whose street address in implement the program. the City of Cleveland is 10606 Mori- inal One Hundred Acre Lot Numbers Section 3. That the Director of son Avenue, N.E., Cuyahoga County 386 and 387; said Sublot Number 166 Finance, on behalf of Cleveland Auditor’s Permanent Parcel Number is 40 feet front on the Southerly side Municipal Court, is authorized to is 109-14-103, and is also known as of Superior avenue, N.E., and ex - enter into one or more contracts with the following described property: tends back 122.65 feet deep on the Y-Haven to implement the program as Easterly line, 117.31 feet deep on the Situated in the City of Cleveland, described in the file. Westerly line, and is 40.36 feet wide County of Cuyahoga, and State of Section 2. That the existing title on a 12 foot alley (Rockhurst Ave- Ohio and known as being part of and Section 3 of Ordinance No. 1449-11, nue, N.E.) in the rear, according to Original One Hundred Acre Lot passed October 24, 2011 is repealed. the plat of said Subdivision record- Number 378, and bounded and Section 3. That the title and Section ed in Volume 19 of Maps, Page 23 described as follows: 4 of Ordinance 1248-12, passed Septem- of Cuyahoga County Records, be the Known as being Sublot Number 67 ber 24, 2012, is amended to read as fol- same more or less, but subject to all in the Cottage Home Allotment of lows: legal highways; part of Original One Hundred Acre Description approved by Greg Lot Number 378 as shown by the An emergency ordinance authoriz- Esber, Section Chief, Plats, Surveys recorded plat of said allotment in ing the Director of Finance, on behalf and House Number Section, Division Volume 16 of Maps, Page 14 of Cuya- of Cleveland Municipal Court, to of Engineering & Construction hoga County Records. Said Sublot apply and accept a grant from the which in its entirety is a property Number 67 has a frontage of 40 feet Ohio Office of Criminal Justice Ser- having special character or special on the Southerly side of Morison vices for the Veterans Treatment historical or aesthetic value as part Avenue, N.E. (formerly Morison Docket Program; and to enter into one of the development, heritage, or cul- Street), and extends back between or more contracts with Y-Haven, to tural characteristics of the City, parallel lines 125 and 65/100 feet, as implement the program. State, or the United States, is desig- appears by said plat, be the same Section 4. That the Director of nated a landmark under Chapter 161 more or less but subject to all legal Finance, on behalf of Cleveland of the Codified Ordinances of Cleve- highways; Municipal Court, is authorized to land, Ohio, 1976. Description approved by Greg enter into one or more contracts with Section 2. That this ordinance is Esber, Section Chief, Plats, Surveys Y-Haven, to implement the program declared to be an emergency mea- and House Number Section, Division as described in the file. sure and, provided it receives the of Engineering & Construction Section 4. That the existing title affirmative vote of two-thirds of all which in its entirety is a property and Section 4 of Ordinance 1248-12, the members elected to Council, it having special character or special passed September 24, 2012, is shall take effect and be in force historical or aesthetic value as part repealed. 792 May 8, 2013 The City Record 43

Section 5. That this ordinance is record the vacation plat in the office Beginning at a point on the declared to be an emergency measure of the Recorder of Cuyahoga Coun- Southerly line of Euclid Avenue, dis- and, provided it receives the affirma- ty. tant 409 and 69/100 feet Westerly tive vote of two-thirds of all the mem- Section 4. That the Clerk of Coun- from the point of intersection of bers elected to Council, it shall take cil is directed to transmit a copy of said Southerly line of Euclid Avenue effect and be in force immediately this ordinance to the Fiscal Officer with the Westerly line of East 40th upon its passage and approval by the of Cuyahoga County. Street, said place of beginning being Mayor; otherwise it shall take effect Section 5. That this ordinance is also the Northwesterly corner of and be in force from and after the ear- declared to be an emergency mea- land conveyed to S. W. Crittenden liest period allowed by law. sure and, provided it receives the by deed dated July 31, 1865, and Passed April 29, 2013. affirmative vote of two-thirds of all recorded in Volume 135, Page 566 of Effective May 1, 2013. the members elected to Council, it Cuyahoga County Records; shall take effect and be in force Thence Westerly along said South- immediately upon its passage and erly line of Euclid Avenue, 75 feet approval by the Mayor; otherwise it to the Northwesterly corner of land Ord. No. 249-13. shall take effect and be in force conveyed to William G. Rose by By Council Members Miller, Cleve- from and after the earliest period deed dated July 3, 1884, and record- land, Kelley and Dow (by depart- allowed by law. ed in Volume 371, Page 155 of Cuya- mental re quest). Passed April 29, 2013. hoga County Records; thence South - An emergency ordinance to vacate Effective May 1, 2013. erly at right angles to Euclid Ave - a portion of East 66th Place. nue, and along the Westerly line of Whereas, under Resolution No. land so conveyed to William G. 1066-12, adopted October 22, 2012, Rose, 223 and 92/100 feet to the this Council declared its intention to Ord. No. 316-13. Southerly line of said Sublot No. 2; vacate a portion of East 66th Place; By Council Member J. Johnson. thence Easterly parallel to the and An emergency ordinance desig- Southerly line of Euclid Avenue and Whereas, notice of the adoption of nating the Craig Motor Company along the Southerly line of said the above vacation was served on Building (also known as the Nation- Sublots Nos. 2 and 1, 75 feet to the the abutting property owners affect- al Casket Company and the Kohn Westerly line of land conveyed to S. ed by the resolution which stated a Building) as a Cleveland Landmark. W. Crittenden as aforesaid; thence time and place when objections Whereas, under Chapter 161 of the Northerly at right angles to Euclid would be heard before the Board of Codified Ordinances of Cleveland, Avenue and along the Westerly line Revision of Assessments; and Ohio, 1976, the Cleveland Landmarks of land so conveyed to S. W. Crit- Whereas, on January 14, 2013, the Commission (the “Commission”), has tenden, 223 and 92/100 feet to the Board of Revision of Assessments proposed to designate the Craig place of beginning, Permanent Par- approved the above vacation under Motor Company Building (also cel No(s): 103-08-011; the provisions of Section 176 of the known as the National Casket Com- Description approved by Greg Charter of the City of Cleveland; pany and the Kohn Building) as a Esber, Section Chief, Plats, Surveys and landmark; and and House Number Section, Division Whereas, this Council is satisfied Whereas, a public hearing under of Engineering & Construction that there is good cause for vacat- division (b)(2) of Section 161.04 was which in its entirety is a property ing a portion of the above and that held on November 8, 2012 to discuss having special character or special it will not be detrimental to the gen- the proposed designation of the historical or aesthetic value as part eral interest and that it should be Craig Motor Company Building of the development, heritage, or cul- made; and tural characteristics of the City, (also known as the National Casket Whereas, this ordinance consti- State, or the United States, is desig- Company and the Kohn Building) as tutes an emergency measure provid- nated a landmark under Chapter 161 a landmark; and ing for the usual daily operation of of the Codified Ordinances of Cleve- Whereas, the Commission has rec- a municipal department; now, there- land, Ohio, 1976. ommended designation of the Craig fore, Section 2. That this ordinance is Motor Company Building (also Be it ordained by the Council of declared to be an emergency mea- known as the National Casket Com- the City of Cleveland: sure and, provided it receives the pany and the Kohn Building) as a Section 1. That this Council de - affirmative vote of two-thirds of all landmark and has set forth certain clares that the following described the members elected to Council, it findings of fact constituting the real property is vacated: shall take effect and be in force Being all that portion of East 66th basis for its decision; and immediately upon its passage and Place (12 feet wide), extending from Whereas, this ordinance consti- approval by the Mayor; otherwise it the northerly right of way line of tutes an emergency measure provid- shall take effect and be in force Lexington Avenue N.E. (60 feet ing for the immediate preservation from and after the earliest period wide), northerly to its terminus with of the public peace, property, health, allowed by law. that vacated portion of East 66th and safety in that the immediate Passed April 29, 2013. Place as shown in City of Cleveland protection of the historic landmark Effective May 1, 2013. ordinance 914-07 passed August 8, is necessary to safeguard the spe- 2007. cial historical, community, or aes- Legal Description approved by thetic interest or value in the land- Greg Esber, Section Chief, Plats, mark; now, therefore Ord. No. 317-13. Surveys and House Numbering Sec- Be it ordained by the Council of By Council Member J. Johnson. tion. the City of Cleveland: An emergency ordinance desig- Section 2. That there is reserved Section 1. That the Craig Motor nating the Cleveland Masonic Tem- to the City of Cleveland an ease- Company Building (also known as ple as a Cleveland Landmark. ment of full width as described the National Casket Company and Whereas, under Chapter 161 of the above for Cleveland Public Power, the Kohn Building), whose street Codified Ordinances of Cleveland, Dominion East Ohio Gas, AT&T, the address in the City of Cleveland is Ohio, 1976, the Cleveland Landmarks Division of Water, and the Illumi- 3800-12 Euclid Avenue, Cuyahoga Commission (the “Commission”), has nating Company (CEI). County Auditor’s Permanent Parcel proposed to designate the Cleveland That no structures shall be erect- Number is 103-08-011 and is also Masonic Temple as a landmark; and ed on the premises described in this known as the following described Whereas, a public hearing under easement except those constructed property: division (b)(2) of Section 161.04 was under the approval of, and in com- Situated in the City of Cleveland, held on November 8, 2012 to discuss pliance with, plans approved by County of Cuyahoga, and State of the proposed designation of the Cleveland Public Power, Dominion Ohio, and known as being part of Cleveland Masonic Temple as a East Ohio Gas, AT&T, the Division Sublots Nos. 1 and 2 in Mueller and landmark; and of Water, the Illuminating Company Meyer’s Subdivision of part of Orig- Whereas, the Commission has rec- (CEI), and the City of Cleveland. inal Ten Acre Lot No. 68, as shown ommended designation of the Cleve- Section 3. That provided all re - by the recorded plat in Volume 2 of land Masonic Temple as a landmark quired approvals have been ob - Maps, Page 53 of Cuyahoga County and has set forth certain findings of tained, the Manager of Engineering Records, and bounded and described fact constituting the basis for its and Construction is directed to as follows: decision; and 793 44 The City Record May 8, 2013

Whereas, this ordinance consti- Easterly, as measured on said line landmark and has set forth certain tutes an emergency measure provid- from the Southwesterly corner of findings of fact constituting the ing for the immediate preservation lands conveyed by Mabel Weddell to basis for its decision; and of the public peace, property, health, Samuel E. Williamson by deed Whereas, this ordinance consti- and safety in that the immediate recorded in Volume 614, Page 23 of tutes an emergency measure provid- protection of the historic landmark Cuyahoga County Records; thence ing for the immediate preservation is necessary to safeguard the spe- Easterly along the Northerly line of of the public peace, property, health, cial historical, community, or aes- Euclid Avenue one hundred and and safety in that the immediate thetic interest or value in the land- eleven (111) feet; thence Northerly protection of the historic landmark mark; now, therefore along the Easterly line of land so is necessary to safeguard the spe- Be it ordained by the Council of conveyed by deed recorded in Vol- cial historical, community, or aes- the City of Cleveland: ume 614, Page 23 of Cuyahoga Coun- thetic interest or value in the land- Section 1. That the Cleveland ty Records about three hundred and mark; now, therefore Masonic Temple, whose street ad - fifty (350) feet to the Southeasterly Be it ordained by the Council of dress in the City of Cleveland is corner of premises conveyed by Jane the City of Cleveland: 3615-35 Euclid Avenue, Cuyahoga A. Tracy and Edward Bushnell, Section 1. That Villa Angela-St. County Auditor’s Permanent Parcel Trustees under the last will of Joseph High School, whose street Numbers are 103-07-005 and 103-07-006 James J. Tracy to the Masonic addresses in the City of Cleveland and is also known as the following Building Association by deed dated are 18491 Lake Shore Boulevard, N. described property: October 18, 1915; thence Westerly E., and 430 East 185th Street, Cuya- Situated in the City of Cleveland, along the Southerly line of premis- hoga County Auditor’s Permanent County of Cuyahoga, and State of es so conveyed to the Masonic Build- Parcel Number is 114-13-001, and is Ohio, and known as being part of ing association about one hundred also known as the following de - Original Ten Acre Lot No. 91, bound- and eleven (111) feet to the West- scribed property: ed and described as follows: erly line of land conveyed to James Situated in the City of Cleveland, 1. Beginning in the north line of J. Tracy by deed recorded in Volume County of Cuyahoga, and State of Euclid Avenue at the Southwest cor- 863, Page 347 of Cuyahoga County Ohio, and known as being part of ner of lands conveyed by Mabel Records; thence Southerly along the Parcel “A” in the Consolidation and Weddell to Samuel E. Williamson by Westerly line of land conveyed to Lot Split Plat of part of Original deed dated September 12, 1895 and James J. Tracy by deed recorded in Euclid Township Tract Number 15 recorded in Volume 614, Page 23 of Volume 863, Page 347 of Cuyahoga of Township 8 North, Range 11 Cuyahoga County Records; thence County Records about three hundred West, of the Connecticut Western Easterly along the North line of and fifty (350) feet to the place of Reserve, as recorded in Volume 263 Euclid Avenue one hundred and ten beginning, be the same, more or of Maps, Page 9 of Cuyahoga Coun- (110) feet; thence Northerly and par- less, but subject to all legal high- ty Records, further described as fol- allel to the West line of said land ways; lows: so conveyed in Volume 614, Page 23 Description approved by Greg All that portion of New Parcel “B” about five hundred and fifty (550) Esber, Section Chief, Plats, Surveys in the lot split plat for the Diocese feet to the Southerly line of an alley and House Number Section, Division of Cleveland and Most Reverend ten (10) feet wide in the Subdivision of Engineering & Construction Richard G. Lennon, Bishop as shown of Webster and Weddell which is which in its entirety is a property in Volume 357 of Maps, Page 39 of recorded in Volume 13, Page 36 of having special character or special Cuyahoga County Records, and con- Cuyahoga County Records of Maps historical or aesthetic value as part and Subdivisions; thence Westerly of the development, heritage, or cul- taining 9.841 acres, be the same and along the Southerly line of said tural characteristics of the City, more or less, and subject to all legal ten foot alley, about one hundred State, or the United States, is desig- highways; and ten (110) feet to the West line nated a landmark under Chapter 161 Description approved by Greg of said lands so conveyed to Samuel of the Codified Ordinances of Cleve- Esber, Section Chief, Plats, Surveys E. Williamson by deed recorded in land, Ohio, 1976. and House Number Section, Division Volume 614, Page 23; thence Souther- Section 2. That this ordinance is of Engineering & Construction ly along the West line of said lands declared to be an emergency mea- which in its entirety is a property so conveyed to Samuel E. Wil liam - sure and, provided it receives the having special character or special son about five hundred and fifty affirmative vote of two-thirds of all historical or aesthetic value as part (550) feet to the place of beginning; the members elected to Council, it of the development, heritage, or cul- 2. Beginning on the Easterly line shall take effect and be in force tural characteristics of the City, of lands conveyed by Mabel Weddell immediately upon its passage and State, or the United States, is desig- to Samuel E. Williamson by deed approval by the Mayor; otherwise it nated a landmark under Chapter 161 dated September 12, 1895, and record- shall take effect and be in force of the Codified Ordinances of Cleve- ed in Volume 614, Page 23 of Cuya- from and after the earliest period land, Ohio, 1976. hoga County Records at a point two allowed by law. Section 2. That this ordinance is hundred (200) feet Southerly mea- Passed April 29, 2013. declared to be an emergency mea- sured on said Easterly line from the Effective May 1, 2013. sure and, provided it receives the Southerly line of the ten (10) foot affirmative vote of two-thirds of all alley which forms the Northerly the members elected to Council, it boundary of Grantor’s land; which shall take effect and be in force point of beginning is also about Ord. No. 318-13. immediately upon its passage and three hundred and fifty (350) feet By Council Member Polensek. approval by the Mayor; otherwise it Northerly, measured on said Easter- An emergency ordinance desig- shall take effect and be in force ly line from the Northerly line of nating Villa Angela-St. Joseph High from and after the earliest period Euclid Avenue; thence Northerly School as a Cleveland Landmark. allowed by law. along said Easterly line two hun- Whereas, under Chapter 161 of the Passed April 29, 2013. dred (200) feet to the Southerly line Codified Ordinances of Cleveland, Effective May 1, 2013. of the aforementioned alley; thence Ohio, 1976, the Cleveland Landmarks Westerly along the Southerly line of Commission (the “Commission”), has said alley one hundred and eleven proposed to designate Villa Angela- (111) feet to the Westerly line of St. Joseph High School as a land- Ord. No. 319-13. Grantor's lands; thence Southerly mark; and By Council Member J. Johnson. along said Westerly line two hun- Whereas, a public hearing under An emergency ordinance desig- dred (200) feet; thence Easterly in division (b)(2) of Section 161.04 was nating the Fine Arts Building as a a straight line about one hundred held on December 10, 2009 to discuss Cleveland Landmark. and eleven (111) feet to the place of the proposed designation of Villa Whereas, under Chapter 161 of the beginning, be the same, more or Angela-St. Joseph High School as a Codified Ordinances of Cleveland, less, but subject to all legal high- landmark; and Ohio, 1976, the Cleveland Landmarks ways; Whereas, the Commission has rec- Commission (the “Commission”), has 3. Beginning on the Northerly line ommended designation of Villa proposed to designate the Fine Arts of Euclid Avenue at a point 110 feet Angela-St. Joseph High School as a Building as a landmark; and 794 May 8, 2013 The City Record 45

Whereas, a public hearing under to the Northwesterly corner of land feet and 4 inches; thence Southerly division (b)(2) of Section 161.04 was conveyed to John J. Gallagher and and parallel with the Westerly line held on November 8, 2012 to discuss Jewel Gallagher by deed dated June of land so conveyed to John M. Hen- the proposed designation of the Fine 30, 1945, and recorded in Volume derson 145 feet; thence Easterly and Arts Building as a landmark; and 5886, Page 416 of Cuyahoga County parallel with the Southerly line of Whereas, the Commission has rec- Records; thence Southerly along the Euclid Avenue 44 feet and 4 inches ommended designation of the Fine Westerly line of land so conveyed to to the Westerly line of land con- Arts Building as a landmark and John J. and Jewel Gallagher, 145 veyed to John M. Henderson, as has set forth certain findings of fact feet to the Southwesterly corner aforesaid; thence Northerly along constituting the basis for its deci- thereof; thence Easterly along the the Westerly line of land so con- sion; and Southerly line of land so conveyed veyed to John M. Henderson, 145 Whereas, this ordinance consti- to John J. and Jewel Gallagher, 44 feet to the place of beginning, be tutes an emergency measure provid- feet and 4 inches to the Westerly the same, more or less, but subject ing for the immediate preservation line of land conveyed to John M. to all legal highways (Permanent of the public peace, property, health, Henderson by deed dated March 2, Parcel Number 103-06-023; Prior Ref- and safety in that the immediate 1916, and recorded in Volume 1791, erence Number: Volume 86-2007, protection of the historic landmark Page 594 of Cuyahoga County Page 55); is necessary to safeguard the spe- Records; thence Southerly along the Description approved by Greg cial historical, community, or aes- Westerly line of land so conveyed to Esber, Section Chief, Plats, Surveys thetic interest or value in the land- John M. Henderson, about 54 feet and House Number Section, Division mark; now, therefore and 6 inches to a point which is of Engineering & Construction Be it ordained by the Council of equal distant between the Southerly which in its entirety is a property the City of Cleveland: line of Euclid Avenue and the having special character or special Section 1. That the Fine Arts Northerly line of Prospect Avenue, historical or aesthetic value as part Building, whose street address in S. E.; thence Westerly along said of the development, heritage, or cul- the City of Cleveland is 3224-30 equal distant line, 99 feet and 6 Euclid Avenue, Cuyahoga County inches to its intersection with the tural characteristics of the City, Auditor’s Permanent Parcel Num- Easterly line of said Sublot No. 5; State, or the United States, is desig- bers are 103-06-006 and 103-06-023 and thence Northerly along the Easterly nated a landmark under Chapter 161 is also known as the following line of said Sublot No. 5, about 199 of the Codified Ordinances of Cleve- described property: feet and 6 inches to the place of land, Ohio, 1976. Situated in the City of Cleveland, beginning, be the same, more or Section 2. That this ordinance is County of Cuyahoga, and State of less, but subject to all legal high- declared to be an emergency mea- Ohio, and known as being part of ways (Permanent Parcel Number: sure and, provided it receives the Original Ten Acre Lot No. 64, bound- 103-06-006; Prior Reference Number: affirmative vote of two-thirds of all ed and described as follows: Volume 14654, Page 609); the members elected to Council, it 1. Beginning on the Southerly line 2. Beginning on the Southerly line shall take effect and be in force of Euclid Avenue, at the Northeast- of Euclid Avenue at the Northwest- immediately upon its passage and erly corner of Sublot No. 5 in John erly corner of land conveyed to John approval by the Mayor; otherwise it Blair's Subdivision, as recorded in M. Henderson by deed dated March shall take effect and be in force Volume 2 of Maps, Page 43 of Cuya- 2, 1916, and recorded in Volume 1791, from and after the earliest period hoga County Records; thence East- Page 594 of Cuyahoga County allowed by law. erly along the Southerly line of Records; thence Westerly along the Passed April 29, 2013. Euclid Avenue, 55 feet and 2 inches Southerly line of Euclid Avenue, 44 Effective May 1, 2013.

Ord. No. 320-13. By Council Member Brancatelli. An ordinance to change the Use, Area and Height Districts of land located at Pershing and Interstate 77 to General Industry, an ‘A’ Area District and a 3 Height District (Map Change No. 2405). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use, Area and Height Districts of lands bounded and described as follows; Beginning in the centerline of Pershing Avenue at its intersection with the centerline of Interstate 77; Thence southerly along said centerline of Interstate 77 also known as Willow Freeway to its intersection with the southeasterly prolongation of the southwesterly line of Parcel A of a Plat of Consolidation prepared for The Greater Cleveland Community Improvement Corporation recorded in Volume 372, Page 17 of Cuyahoga County Map Records; Auditor’s File Number 201212260310; Thence northwesterly along said southeasterly prolongation of the southwesterly line to a northwesterly line there- of; Thence northeasterly along said northwesterly line to its intersection with a southwesterly line thereof; Thence northeasterly and northwesterly along said southwesterly line and continuing along its northwesterly prolongation to its intersection with the centerline of Independence Road; Thence northerly along said centerline of Independence Road to its intersection with the northwesterly pro- longation of a northeasterly line of the aforementioned Parcel A of a Plat of Consolidation prepared for The Greater Cleveland Community Improvement Corporation; Thence southeasterly along said northwesterly prolongation of said northeasterly line to its intersection with a northwesterly line thereof; Thence northeasterly along said northwesterly line to its intersection with a southwesterly line thereof; Thence northwesterly and northerly along said southwesterly line to its intersection with the northerly line thereof; Thence easterly, southerly, easterly, northerly and easterly again along said northerly line of the aforemen- tioned Parcel A and continuing along its easterly prolongation to its intersection with the centerline of Interstate 77 also known as Willow Freeway; Thence northerly along said centerline of Interstate 77 to its intersection with the centerline of Pershing Avenue and the principal place of beginning; and as shaded on the attached map is changed to a General Industry District, an ‘A’ Area District and a ‘3’ Height District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2405, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 795 46 The City Record May 8, 2013

Passed April 29, 2013. Effective May 29, 2013

Ord. No. 359-13. and, provided it receives the affirma- Whereas, this ordinance consti- By Council Members K. Johnson tive vote of two-thirds of all the mem- tutes an emergency measure provid- and Kelley (by departmental bers elected to Council, it shall take ing for the usual daily operation of request). effect and be in force immediately a municipal department; now, there- An emergency ordinance authoriz- upon its passage and approval by the fore, ing the Director of Public Works to Mayor; otherwise it shall take effect Be it ordained by the Council of enter into one or more contracts and be in force from and after the ear- the City of Cleveland: with the National Youth Sports Pro- liest period allowed by law. Section 1. That, under Section 167 gram to provide a youth summer Passed April 29, 2013. of the Charter of the City of Cleve- sports, nutrition, health, and life Effective May 1, 2013. land, this Council determines to skills development program for 2013. make the public improvement of Whereas, this ordinance consti- constructing and maintaining the tutes an emergency measure provid- Cleveland Airport System Signage ing for the usual daily operation of Ord. No. 363-13. Program, Phase I, including related a municipal department; now, there- improvements to efficiently guide fore, By Council Members Keane and customers to their desired destina- Be it ordained by the Council of Kelley (by departmental request). tions in and around various proper- the City of Cleveland: An emergency ordinance deter- ties, both on and off Cleveland Air- Section 1. That the Director of mining the method of making the port system properties (the Public Works is authorized to enter public improvement of constructing “Improvement”), for the Department into one or more contracts with the and maintaining the Cleveland Air- of Port Control, by one or more con- National Youth Sports Program for port System Signage Program, tracts duly let to the lowest respon- the public purpose of providing for Phase I, including related improve- sible bidder or bidders after com- Cleveland youths with a summer ments, authorizing the Director of sports, nutrition, health, and life petitive bidding on a unit basis for Port Control to enter into one or the Improvement. skills development program for 2013 more public improvement contracts at Case Western Reserve Universi- Section 2. That the Director of Port for the making of the improvement; ty. Control is authorized to enter into one Section 2. That the cost of the con- authorizing the Director to employ or more contracts for the making of tract or contracts shall not exceed one or more professional consultants the public improvement with the low- $108,700 and shall be paid from Fund to design the improvement; and to est responsible bidder or bidders after Nos. 14 SF 039 and 01-7004-6380, enter into various written standard competitive bidding on a unit basis Request No. RQS 7004, RL 2013-19. purchase and requirement contracts for the Improvement, provided, how- Section 3. That this ordinance is needed in connection with the ever, that each separate trade and declared to be an emergency measure improvement. each distinct component part of the 796 May 8, 2013 The City Record 47

Improvement may be treated as a sep- ceeds accepted for the purposes of paid from Fund Nos. 60 SF 001, 60 SF arate Improvement, and each, or any this ordinance and any passenger 104, 60 SF 106, 60 SF 112, 60 SF 114, 60 combination, of the trades or compo- facility charges, if authorized for this SF 115, 60 SF 116, 60 SF 117, 60 SF 119, nents may be the subject of a separate purpose, Request No. RQS 3001, RL 60 SF 121, 60 SF 122, 60 SF 126, 60 SF contract for a unit basis. 2013-26. 128, 60 SF 130, 60 SF 141, 60 SF 160, and Section 3. That the Director of Port Section 9. That this ordinance is to the fund or funds which are credit- Control is authorized to apply and pay declared to be an emergency measure ed the proceeds of any grant issued, for permits, licenses, or other autho- and, provided it receives the affirma- or passenger facility charges if rizations required by any regulatory tive vote of two-thirds of all the mem- authorized for this purpose, Request agency or public authority to permit bers elected to Council, it shall take No. RQS 3001, RL 2013-32. performance of the work authorized effect and be in force immediately Section 3. That this ordinance is by this ordinance. upon its passage and approval by the declared to be an emergency measure Section 4. That the Director of Port Mayor; otherwise it shall take effect and, provided it receives the affirma- Control is authorized to employ by and be in force from and after the ear- tive vote of two-thirds of all the mem- contract or contracts one or more con- liest period allowed by law. bers elected to Council, it shall take sultants or one or more firms of con- Passed April 29, 2013. effect and be in force immediately sultants for the purpose of supple- Effective May 1, 2013. upon its passage and approval by the menting the regularly employed staff Mayor; otherwise it shall take effect of the several departments of the City and be in force from and after the ear- of Cleveland in order to provide pro- liest period allowed by law. fessional services necessary to design Ord. No. 432-13. Passed April 29, 2013. the Improvement. By Council Members Keane and Effective May 1, 2013. The selection of the consultants for Kelley (by departmental request). the services shall be made by the An emergency ordinance authoriz- Board of Control on the nomination of ing the Director of Port Control to the Director of Port Control from a employ one or more professional Ord. No. 433-13. list of qualified consultants available consultants to provide construction By Council Members Keane and for employment as may be determined management and administrative ser- Kelley (by departmental request). after a full and complete canvass by vices for the various divisions of the An emergency ordinance authoriz- the Director of Port Control for the Department of Port Control, for a ing the Director of Port Control to purpose of compiling a list. The com- period of one year, with three one- employ one or more professional pensation to be paid for the services year options to renew, the second of consultants to provide professional shall be fixed by the Board of Control. which is exercisable through addi- services necessary to provide draw- The contract or contracts authorized tional legislative authority. ings of the existing and proposed shall be prepared by the Director of Whereas, this ordinance consti- Airfield signage, lighting, and Law, approved by the Director of Port tutes an emergency measure provid- marking plans, as required for cer- Control, and certified by the Director ing for the usual daily operation of tification of Cleveland Hopkins of Finance. a municipal department; now, there- International Airport by the Feder- Section 5. That the Director of Port fore, al Aviation Administration, and to Control is authorized to make one or Be it ordained by the Council of update drawings as required, for a more written standard purchase con- the City of Cleveland: period of one year with three one- tracts and written requirement con- Section 1. That the Director of year options to renew, the second of tracts under the Charter and the Codi- Port Control is authorized to employ which is exercisable through addi- fied Ordinances of Cleveland, Ohio, by contract or contracts one or more tional legislative authority. 1976, the period of requirements to be consultants or one or more firms of Whereas, this ordinance consti- determined by the director, for the consultants for the purpose of sup- tutes an emergency measure provid- necessary items of materials, equip- plementing the regularly employed ing for the usual daily operation of ment, supplies, and services neces- staff of the several departments of a municipal department; now, there- sary to construct the Improvement, the City of Cleveland in order to pro- fore, including labor and materials if nec- vide professional services necessary Be it ordained by the Council of essary, to be purchased by the Com- to provide construction management the City of Cleveland: missioner of Purchases and Supplies and administrative services, includ- Section 1. That the Director of on a unit basis for the Department of ing but not limited to, construction Port Control is authorized to employ Port Control. Bids shall be taken in a administration, estimation, schedul- by contract or contracts one or more manner that permits an award to be ing, testing, and document control, made for all items as a single con- for the various divisions of the consultants or one or more firms of tract, or by separate contract for each Department of Port Control, for a consultants for the purpose of sup- or any combination of the items as the period of one year, with three one- plementing the regularly employed Board of Control determines. year options to renew. The first of staff of the several departments of Section 6. That the costs of the con- the one-year options to renew may the City of Cleveland in order to pro- tract or contracts shall be charged be exercised by the Director of Port vide professional services necessary against the proper appropriation Control, without the necessity of to provide drawings of the existing accounts and the Director of Finance obtaining additional authority of and proposed Airfield signage, light- shall certify the amount of any pur- this Council. The second of the one- ing, and marking plans, as required chase under the contract, each of year options to renew may not be for certification of Cleveland Hop- which purchases shall be made on exercised without additional legisla- kins International Airport by the order of the Commissioner of Pur- tive authority. If such additional Federal Aviation Administration, chases and Supplies by a delivery legislative authority is granted and and to update drawings as required, order issued against the contract or the second of the one-year options to for a period of one year, with three contracts and certified by the Direc- renew is exercised, then the third of one-year options to renew. The first tor of Finance. the one-year options to renew may of the one-year options to renew Section 7. That under Section 108(b) be exercisable at the option of the may be exercised by the Director of of the Charter, the purchases autho- Director of Port Control, without the Port Control, without the necessity rized by this ordinance may be made necessity of obtaining additional of obtaining additional authority of through cooperative arrangements authority of this Council. this Council. The second of the one- with other governmental agencies. The selection of the consultants for year options to renew may not be The Director of Port Control may sign the services shall be made by the exercised without additional legisla- all documents that are necessary to Board of Control on the nomination of tive authority. If such additional make the purchases, and may enter the Director of Port Control from a legislative authority is granted and into one or more contracts with the list of qualified consultants available the second of the one-year options to vendors selected through that cooper- for employment as may be determined renew is exercised, then the third of ative process. after a full and complete canvass by the one-year options to renew may Section 8. That the cost of the con- the Director of Port Control for the be exercisable at the option of the tracts and other expenditures autho- purpose of compiling a list. The con- Director of Port Control, without the rized shall be paid from Fund Nos. 60 tract or contracts authorized shall be necessity of obtaining additional SF 001, 60 SF 104, 60 SF 106, 60 SF 112, prepared by the Director of Law, authority of this Council. 60 SF 114, 60 SF 115, 60 SF 116, 60 SF approved by the Director of Port Con- The selection of the consultants for 117, 60 SF 119, 60 SF 121, 60 SF 122, 60 trol, and certified by the Director of the services shall be made by the SF 126, 60 SF 128, 60 SF 130, 60 SF 141, Finance. Board of Control on the nomination of 60 SF 160, and from the fund or funds Section 2. That the cost of the con- the Director of Port Control from a to which are credited any grant pro- tract or contracts authorized shall be list of qualified consultants available 797 48 The City Record May 8, 2013 for employment as may be determined (e) “Carriage Business” means the Ord. No. 491-13. after a full and complete canvass by business of transporting persons for By Council Members Brancatelli the Director of Port Control for the hire by carriage. and Kelley (by departmental purpose of compiling a list. The com- (f) “For hire” has the same mean- request). pensation to be paid for the services ing as defined in Section 401.30. An emergency ordinance authoriz- shall be fixed by the Board of Control. (g) “Police Traffic Commissioner” ing the Director of Economic Devel- The contract or contracts authorized means the Commissioner of Traffic opment to enter into an Enterprise shall be prepared by the Director of Control of the Division of Police. Zone Agreement with Brookwood Law, approved by the Director of Port Capital Partners, Inc., or its Control, and certified by the Director Section 447.06 Route Map and Oper- designee, to provide for a ten-year, of Finance. ations Schedule sixty percent tax abatement for cer- Section 2. That the cost of the con- (a) A carriage business shall oper- tain tangible real property improve- ments, as an incentive to construct tract or contracts authorized shall be ate only upon routes and under sched- a new facility to be used as a med- paid from Fund Nos. 60 SF 001, 60 SF ules which have been submitted to ical supply warehouse and distribu- 104, 60 SF 106, 60 SF 112, 60 SF 114, 60 and approved by the Director of Pub- tion center occupied by Owens & SF 115, 60 SF 116, 60 SF 117, 60 SF 119, lic Works and the Police Traffic Com- missioner. Minor, Inc. and other potential firms 60 SF 121, 60 SF 122, 60 SF 126, 60 SF located at the southwest corner of 128, 60 SF 130, 60 SF 141, 60 SF 160, and (b) The route map and operations schedule shall be filed with the appli- South Marginal Road and Marquette to the fund or funds which are credit- Street in the Cleveland Area Enter- ed the proceeds of any grant issued, cation for a carriage business license and shall contain the following: prise Zone. or passenger facility charges if Whereas, by letter dated March 22, authorized for this purpose, Request (1) A map of the tour routes on which the business’ carriages will 2013, the City provided the Cleve- No. RQS 3001, RL 2013-21. land Metropolitan School District operate; Section 3. That this ordinance is (“CMSD”) with a notice of proposed (2) The location of any curbside declared to be an emergency measure tax exemptions required by Section areas to be designated as zones for and, provided it receives the affirma- 5709.83 of the Revised Code. That pickup and discharge of passengers; tive vote of two-thirds of all the mem- notice was provided to the CMSD not and bers elected to Council, it shall take later than fourteen days prior to (3) With respect to horse-drawn effect and be in force immediately adoption of this ordinance; and carriages, the location of the site or upon its passage and approval by the Whereas, by letter dated Septem- sites to be used for off-street storage, Mayor; otherwise it shall take effect ber 24, 2012, the City of Cleveland stabling, and loading of carriages and be in force from and after the ear- provided the Village of Glenwillow and horses. with a notice of Owens & Minor, liest period allowed by law. (c) The Director of Public Works Passed April 29, 2013. Inc.’s intent to relocate required by and the Police Traffic Commissioner Section 5709.69 of the Revised Code. Effective May 1, 2013. may reject any route map and opera- That notice was provided to the tions schedule, the implementation of municipality thirty days prior to the which would result in the unsafe use first public hearing of this ordi- of public rights of way or an unrea- nance; and Ord. No. 481-13. sonable impediment to the orderly Whereas, under Ordinance No. 948- By Council Members Conwell, Kel- flow of traffic. 95, passed June 19, 1995, this Coun- ley and Mitchell (by departmental (d) The licensee may file with the cil designated an area, which is in request). Commissioner of Assessments and the City of Cleveland and described An emergency ordinance to amend Licenses additional routes from time in File No. 948-95-A, as the Cleveland Sections 447.01 and 447.06 of the Cod- to time, provided that they have first Area Enterprise Zone (the “Zone”) ified Ordinances of Cleveland, Ohio, been submitted to and approved by under Chapter 5709 of the Revised 1976, as amended by Ordinance No. the Director of Public Works and the Code; and Whereas, in August, 1995, the 437-01, passed June 19, 2001 and Police Traffic Commissioner. Director of Development of the State Ordinance No. 1237-12, passed Octo- (e) Nothing in this section shall be ber 15, 2012, relating to route map of Ohio determined that the Zone construed to prohibit a licensee from contains the characteristics and operations schedule for car- operating on special routes for spe- riages. described in division (A) of Section cial events, including without limita- 5709.61 of the Revised Code and cer- Whereas, this ordinance consti- tion weddings, dinner-and-theater tutes an emergency measure provid- tified the area as an “Urban Jobs packages, concerts and other perfor- and Enterprise Zone” under Chapter ing for the usual daily operation of mances, provided that the routes have 5709 of the Revised Code; and a municipal department; now, there- first been submitted to and approved Whereas, Brookwood Capital Part- fore, by the Director of Public Works and ners, Inc., or its designee (the Be it ordained by the Council of the Police Traffic Commissioner. “Enterprise”) has proposed to con- the City of Cleveland: (f) Upon receipt of an application, struct a new facility to be used as Section 1. That Sections 447.01 and the Commissioner of Assessments a medical supply warehouse and dis- 447.06 of the Codified Ordinances of and Licenses shall notify the Council tribution center occupied by Owens Cleveland, Ohio, 1976, as amended Member or Members in whose ward or & Minor, Inc. and other potential by Ordinance No. 437-01, passed June wards a carriage business intends to firms located at the southwest cor- 19, 2001 and Ordinance No. 1237-12, operate for their written recommen- ner of South Marginal Road and passed October 15, 2012, is amended dation of approval. No license shall be Marquette Street in the Cleveland to read as follows: issued until the expiration of thirty Area Enterprise Zone; and (30) days from the date of the notice, Whereas, the Enterprise has cer- Section 447.01 Definitions unless the period of thirty (30) days is tified to the City that it would be at a competitive disadvantage oper- (a) “Carriage” means a horse- expressly waived by the Council ating at this location if taxes on cer- drawn or manually- or mechanically- members in writing. driven vehicle the owner or operator tain tangible real property improve- Section 2. That existing Sections ments were not abated; and of which secures or accepts passen- 447.01 and 447.06 of the Codified Ordi- gers for hire on public streets or in Whereas, this ordinance consti- nances of Cleveland, Ohio, 1976, as tutes an emergency measure provid- public or quasi-public places, includ- amended by Ordinance No. 437-01, ing for the immediate preservation ing, but not limited to, horse-drawn passed June 19, 2001 and Ordinance of the public peace, safety, proper- carriages, pedal- propelled carriages, No. 1237-12, passed October 15, 2012, ty, and welfare and that its enact- and pedicabs. are repealed. ment is a necessary prerequisite to (b) “Carriage Operator” means the Section 3. That this ordinance is providing immediate assistance to person in actual physical control of a declared to be an emergency measure create and preserve job opportuni- carriage. and, provided it receives the affirma- ties and advance and promote com- (c) “Carriage Operator’s Assistant” tive vote of two-thirds of all the mem- mercial and economic development means the person required by division bers elected to Council, it shall take in the City of Cleveland, and the (b) of Section 447.08 to assist the Car- effect and be in force immediately assistance is immediately necessary riage Operator with those duties upon its passage and approval by the or job opportunities will be lost; which are ancillary to the operation Mayor; otherwise it shall take effect now, therefore, of the carriage. and be in force from and after the ear- Be it ordained by the Council of (d) “Commissioner” means the Com- liest period allowed by law. the City of Cleveland: missioner of Assessments and Licens- Passed April 29, 2013. Section 1. That this Council es or his or her designee. Effective May 1, 2013. approves the application of the 798 May 8, 2013 The City Record 49

Enterprise for enterprise zone incen- November 8, 2010, the Director of ing for the usual daily operation of tives on the basis that the Enter- Port Control entered into Contract a municipal department; now, there- prise is qualified by financial No. 69405 with Circadian Knight fore, responsibility and business experi- Corp. d/b/a Top Gun for the use and Be it ordained by the Council of ence to create and preserve employ- occupancy of certain City-owned the City of Cleveland: ment opportunities in the Cleveland property located in the passenger Section 1. That the Director of Area Enterprise Zone and to terminal building at Burke Lake- Port Control is authorized to exer- improve the economic climate of the front Airport; and cise the first option to renew Con- City of Cleveland. Whereas, Ordinance No. 1324-10 tract No. PS 2011-60 for an addition- Section 2. That the Director of Eco- requires further legislation before al year with American Association nomic Development is authorized to exercising the first option to renew of Airport Executives, Inc. for pro- enter into an Enterprise Zone Agree- on this contract; and fessional technical and general ment with the Enterprise to provide Whereas, for the use of the training and development content, activities, and programs in support for a ten-year, sixty percent (60%) Leased premises, Circadian Knight of employee performance and pro- tax abatement for certain tangible Corp. d/b/a Top Gun shall pay the fessional development programs at real property improvements; the City an annual fee as specified in Cleveland Hopkins International abatement shall be subject to annual the contract; and review of the Tax Incentive Review Airport and Burke Lakefront Air- Whereas, this ordinance consti- Council. port. This ordinance constitutes the tutes an emergency measure provid- Section 3. That the terms of the tax additional legislative authority ing for the usual daily operation of abatement shall include the require- required by Ordinance No. 1404-07 to a municipal department; now, there- ment that the new facility being con- exercise this option. fore, structed by Brookwood Capital Part- Section 2. That this ordinance is Be it ordained by the Council of ners, Inc., or its designee, with certain declared to be an emergency measure the City of Cleveland: taxes abated under this ordinance, and, provided it receives the affirma- Section 1. That the Director of shall have a minimum LEED certifi- tive vote of two-thirds of all the mem- cation of silver, and shall also be in Port Control is authorized to exer- bers elected to Council, it shall take accordance with the terms in the Sum- cise the first option to renew Con- effect and be in force immediately mary contained in File No. 491-13-A. tract No. 69405 for an additional upon its passage and approval by the These terms shall not be amended, year with Circadian Knight Corp. Mayor; otherwise it shall take effect nor shall the tax abatement be assign- d/b/a Top Gun for the use and occu- and be in force from and after the ear- able or transferable to any entity, pancy of certain City-owned proper- liest period allowed by law. without the prior legislative autho- ty located in the passenger terminal Passed April 29, 2013. rization by Cleveland City Council. building at Burke Lakefront Air- Effective May 1, 2013. Section 4. That the Director of Eco- port. This ordinance constitutes the nomic Development is authorized to additional legislative authority charge and accept fees in an amount required by Ordinance No. 1324-10 to Ord. No. 494-13. not to exceed the maximum allowable exercise this option. By Council Members Keane, Cleve- under Chapter 5709 of the Revised Section 2. That this ordinance is land and Kelley (by departmental Code and the funds are appropriated declared to be an emergency measure request). for the purposes listed in Chapter 5709 and, provided it receives the affirma- An emergency ordinance authoriz- of the Revised Code. The fees shall be tive vote of two-thirds of all the mem- ing the Director of Port Control to deposited to and expended from Fund bers elected to Council, it shall take lease certain space located on a por- effect and be in force immediately No. 17 SF 305. tion of North Marginal Road and upon its passage and approval by the Section 5. That the contract and known as Lot 9 to the Cleveland Mayor; otherwise it shall take effect other appropriate documents needed Coordinating Committee for the Cod, to complete the transaction autho- and be in force from and after the ear- Inc. to provide parking for the USS rized by this legislation shall be pre- liest period allowed by law. Cod Museum, for a term of six pared by the Director of Law. Passed April 29, 2013. months. Section 6. That any contract autho- Effective May 1, 2013. Whereas, the City of Cleveland rized by this legislation must require owns certain space located on a por- the recipient of financial assistance tion of North Marginal Road and to work with, and/or cause their Ten- known as Lot 9, which is not need- ants to work with, The Workforce Ord. No. 493-13. ed for public use; and Investment Board for Workforce By Council Members Keane and Whereas, the Cleveland Coordi- Area No. 3 to identify and solicit qual- Kelley (by departmental request). nating Committee for the Cod, Inc. ified candidates for job opportunities An emergency ordinance authoriz- (“Lessee”) has proposed to lease the related to the City’s contracts. The ing the Director of Port Control to property from the City; and identification process shall place spe- exercise the first option to renew Whereas, this ordinance consti- cial emphasis on the hard to employ, Contract No. PS 2011-60 with Ameri- tutes an emergency measure provid- including people who are disabled. can Association of Airport Execu- ing for the usual daily operation of Section 7. That this ordinance is tives, Inc. to provide professional a municipal department; now, there- declared to be an emergency measure technical and general training and fore, and, provided it receives the affirma- development content, activities, and Be it ordained by the Council of tive vote of two-thirds of all the mem- programs in support of employee the City of Cleveland: bers elected to Council, it shall take performance and professional devel- Section 1. That notwithstanding effect and be in force immediately opment programs at Cleveland Hop- and as an exception to the provi- upon its passage and approval by the kins International Airport and sions of Chapters 181 and 183 of the Mayor; otherwise it shall take effect Burke Lakefront Airport. Codified Ordinances of Cleveland, and be in force from and after the ear- Whereas, under the authority of Ohio, 1976, the Director of Port Con- liest period allowed by law. Ordinance No. 1404-07, passed trol is authorized to lease to the Passed April 29, 2013. Lessee, certain space which is not November 12, 2007, the Director of Effective May 1, 2013. needed for public use more fully Port Control entered into Contract described as the eastern portion of No. PS 2011-60 with American Asso- Lot 9 on North Marginal Road. ciation of Airport Executives, Inc. to Section 2. That the term of the lease Ord. No. 492-13. provide professional technical and authorized by this ordinance shall not By Council Members Keane and general training and development exceed six months beginning May 1, Kelley (by departmental request). content, activities, and programs in 2013 and ending October 31, 2013. An emergency ordinance authoriz- support of employee performance Section 3. That the space authorized ing the Director of Port Control to and professional development pro- by this ordinance shall be leased at a exercise the first option to renew grams at Cleveland Hopkins Inter- rental of $375.00 per month, which is Contract No. 69405 with Circadian national Airport and Burke Lake- determined to be fair market value, Knight Corp. d/b/a Top Gun to pro- front Airport; and exclusive of utilities. vide for the use and occupancy of Whereas, Ordinance No. 1404-07 Section 4. That the Lease shall pro- certain City-owned property located requires further legislation before vide that the Lessee, subject to the in the passenger terminal building exercising the first option to renew approval of appropriate City officials, at Burke Lakefront Airport. on this contract; and may use the remaining portion of Lot Whereas, under the authority of Whereas, this ordinance consti- 9 for additional parking up to six (6) Ordinance No. 1324-10, passed tutes an emergency measure provid- times during the term of the lease for 799 50 The City Record May 8, 2013 no additional cost. If the Lessee, sub- Section 1. That notwithstanding Section 7. That the lease may autho- ject to the approval of the appropriate and as an exception to the provi- rize the Developer to make improve- City officials, wishes to use the sions of Chapter 181 and 183 of the ments to the leased premises subject remaining portion of Lot 9 for addi- Codified Ordinances of Cleveland, to the approval of appropriate City tional parking after they have used Ohio, 1976, it is found and deter- agencies and officials. their six (6) complimentary uses, a mined that the following described Section 8. That the lease shall be fee of $200.00 per day shall be property is no longer needed for the prepared by the Director of Law. charged. City’s use: Section 9. That the Director of Pub- Section 5. That the lease shall be lic Utilities, the Director of Law, and prepared by the Director of Law. SE portion of PP 104-02-002 other appropriate City officials are Section 6. That the Director of Port (approx. 5.56 acres) authorized to execute any other docu- Control, the Director of Law, and Situated in the City of Cleveland, ments and certificates, and take any other appropriate City officials are County of Cuyahoga and State of other actions which may be necessary authorized to execute any other docu- Ohio, and known as being part of or appropriate to effect the lease ments and certificates, and take any Original 10 Acre Lot Nos. 162, 163 and authorized above. other actions which may be necessary 164, also being part of the lands con- Section 10. That notwithstanding or appropriate to effect the lease veyed to the City of Cleveland as and as an exception to the provisions authorized by this ordinance. recorded in Deed Volume 7606, Page of Chapters 181 and 183 of the Codi- Section 7. That this ordinance is 266 among the Deed Records of Cuya- fied Ordinances of Cleveland, Ohio, declared to be an emergency measure hoga County and further shown as 1976, the Commissioner of Purchases and, provided it receives the affirma- Parcel A on a Lot Split Map recorded and Supplies is authorized to enter tive vote of two-thirds of all the mem- at Plat Volume 372 Page 66 among the into an Option to Purchase Agree- bers elected to Council, it shall take Cuyahoga County Plat Records. ment for the sale of the following effect and be in force immediately Section 2. That by and at the direc- described property which is not need- upon its passage and approval by the tion of the Board of Control, the Com- ed for the City’s use: Mayor; otherwise it shall take effect missioner of Purchases and Supplies and be in force from and after the ear- is authorized to sell the above- (SW portion of PP 104-02-002) liest period allowed by law. described property to the Developer (approx. 3.3 acres) Passed April 29, 2013. at a price not less than the appraised, Situated in the City of Cleveland, Effective May 1, 2013. fair market value amount of $39,000 County of Cuyahoga and State of per acre, which is approximately Ohio, and known as being part of $216,840, taking into account all Original 10 Acre Lot Nos. 162, 163 and restrictions, reversionary interests 164, also being part of the lands con- Ord. No. 496-13. and similar encumbrances as may be veyed to the City of Cleveland as By Council Members Brancatelli, placed by the City of Cleveland in the recorded in Deed Volume 7606, Page Cleveland, Kelley and Pruitt (by deed of conveyance. 266 among the Deed Records of Cuya- departmental request). Section 3. That the conveyance hoga County and further shown as An emergency ordinance authoriz- shall be made by official deed pre- Parcel C on a Lot Split Map recorded ing the Commissioner of Purchases pared by the Director of Law and exe- at Plat Volume 372 Page 66 among the and Supplies to sell the southeast cuted by the Mayor on behalf of the Cuyahoga County Plat Records. City of Cleveland. The deed shall con- portion of City-owned Permanent Section 11. That by and at the direc- Parcel No. 104-02-002, located at the tain necessary provisions, including tion of the Board of Control, the Com- southwest corner of South Marginal restrictive reversionary interests as missioner of Purchases and Supplies Road and Marquette Street to Brook- may be specified by the Board of Con- is authorized to convey the property wood Capital Partners, Inc., or their trol or Director of Law, which shall described above under the option designee, for construction of a med- protect the parties as their respective agreement, at a price not less than the ical supply warehouse and distribu- interests require and shall specifical- appraised, fair market value amount tion center; authorizing the lease of ly contain a provision against the of $35,000 per acre, which is approxi- the northeast portion of the parcel erection of any advertising signs or mately $116,315, taking into account to Brookwood Capital Partners, Inc., billboards except permitted identifi- all restrictions, reversionary inter- or their designee for a period up to cation signs. ests and similar encumbrances as fifty years, with one option to renew Section 4. That notwithstanding may be placed by the City of Cleve- for an additional forty-nine year and as an exception to the provisions period, exercisable by the Director of Chapters 181 and 183 of the Codi- land in the deed of conveyance of Public Utilities; and authorizing fied Ordinances of Cleveland, Ohio, Section 12. That the conveyance one or more Option Agreements for 1976, the Director of Public Utilities is shall be made by official deed pre- the sale and lease of the remaining authorized to lease to Developer, cer- pared by the Director of Law and exe- westerly portion of the parcel, for tain property which is not needed for cuted by the Mayor on behalf of the future expansion of the project. the City’s use and is more fully City of Cleveland. The deed shall con- Whereas, the City of Cleveland described as follows: tain necessary provisions, including owns certain property known as restrictive reversionary interests as Permanent Parcel No. 104-02-002 and (NE portion of PP 104-02-002) may be specified by the Board of Con- is located at the southwest corner of (approx. 2.8 acres) trol or Director of Law, which shall South Marginal Road and Marquette Situated in the City of Cleveland, protect the parties as their respective Street, which is not needed for the County of Cuyahoga and State of interests require and shall specifical- City’s use; and Ohio, and known as being part of ly contain a provision against the Whereas, the Director of Public Original 10 Acre Lot Nos. 162, 163 and erection of any advertising signs or Utilities requests the sale of the 164, also being part of the lands con- billboards except permitted identifi- southeast portion of the property veyed to the City of Cleveland as cation signs. (“Part A”) to Brookwood Capital recorded in Deed Volume 7606, Page Section 13. That notwithstanding Partners Inc., or their designee (the 266 among the Deed Records of Cuya- and as an exception to the provisions “Developer”) and the lease of the hoga County and further shown as of Chapters 181 and 183 of the Codi- northeast portion of the property Parcel B on a Lot Split Map recorded fied Ordinances of Cleveland, Ohio, (“Part B”) to Developer, for the pur- at Plat Volume 372 Page 66 among the 1976, the Director of Public Utilities is poses of developing a medical sup- Cuyahoga County Plat Records. authorized to enter into an Option to ply warehouse and distribution cen- Section 5. That the term of the lease Lease Agreement for the lease of the ter for its client, Owens & Minor, a authorized by this ordinance shall not following described property which is supplier to University Hospitals; and exceed fifty years with one option to not needed for the City’s use: Whereas, the Director of Public renew for an additional 49 years, Utilities also requests authority to exercisable by the Director of Public (NW portion of PP 104-02-002) enter into options to sell and lease Utilities. (approx. 2.27 acres) the two remaining westerly portions Section 6. That the property autho- Situated in the City of Cleveland, (“Part C” and “Part D”) to Develop- rized by this ordinance shall be County of Cuyahoga and State of er for future expansion; and leased at a rental of $42,857 per acre, Ohio, and known as being part of Whereas, this ordinance consti- multiplied by 4.4%, or $5,346 annually, Original 10 Acre Lot Nos. 162, 163 and tutes an emergency measure provid- during the initial term of the lease. If 164, also being part of the lands con- ing for the usual daily operation of the option to renew is exercised, the veyed to the City of Cleveland as a municipal department; now, there- renewal rate will be based on the recorded in Deed Volume 7606, Page fore, then-current fair market value of the 266 among the Deed Records of Cuya- Be it ordained by the Council of parcel and the then-current BBB- hoga County and further shown as the City of Cleveland: rated long-term interest rate. Parcel D on a Lot Split Map recorded 800 May 8, 2013 The City Record 51 at Plat Volume 372 Page 66 among the Ord. No. 535-13. Start Applications and expanded Cuyahoga County Plat Records. By Council Members Cimperman, evening and weekend coverage; Section 14. That the term of the Cleveland and Kelley (by departmen- 2. maintain specialty care access lease under the Option to Lease tal request). and financial counseling assistance, Agreement shall not exceed fifty An emergency ordinance authoriz- as well as reduced wait times for spe- years, and shall run coterminous with ing the Mayor to execute a release cialty care appointments for patients the lease authorized in Section 4 of covenant and deed restrictions on referred from the City’s Health Cen- above, with one option to renew for an property located at 1708 Southpoint ters; and additional 49 years, exercisable by Drive, Cleveland, Ohio and known 3. enter into a binding agreement the Director of Public Utilities. as the Hoover Pavilion in exchange with the City to maintain and expand Section 15. That the property leased for an agreement from MetroHealth its commitment to mentally ill per- under the Option to Lease Agreement to maintain and expand its commit- sons, and to receive, treat, and care shall be leased at a rental of $35,000 ment to mentally ill persons, and to for the mentally ill at the City’s per acre, multiplied by 4.4%, or $3,502 receive, treat and care for the men- Health Centers and on-site at its main annually, during the initial term of tally ill at two City-owned Health campus and at other MetroHealth the lease. If the option to renew is Centers and on-site at its main cam- locations in the City of Cleveland, for exercised, the renewal rate will be pus and at other MetroHealth loca- a period of at least fifteen (15) years based on the then-current fair market tions in the City of Cleveland; and from the date the City of Cleveland value of the parcel and the then-cur- to authorize the Director of Public removes the Deed Restriction; and rent BBB-rated long-term interest Health to enter into leases with Whereas, this ordinance consti- rate. MetroHealth to provide medical ser- tutes an emergency measure provid- Section 16. That the lease under the vices at the Thomas McCafferty and ing for the usual daily operation of Option to Lease Agreement may J. Glen Smith Health Centers. a municipal department; now, there- authorize the Lessee to make Whereas, under the authority of fore, improvements to the leased premises Ordinance No. 555-06, passed Febru- Be it ordained by the Council of subject to the approval of appropriate ary 25, 1946, the City executed and the City of Cleveland: delivered an Official Deed to the City agencies and officials. Section 1. That, prior to the State of Ohio transferring to the Section 17. That the Director of Pub- release of the Deed Restriction, the State the premises located at 1708 Director of Public Health shall enter lic Utilities, the Director of Law, and Southpoint Drive, Cleveland, Ohio, into an agreement with MetroHealth other appropriate City officials are known as the Hoover Pavilion (the where MetroHealth agrees to (a) authorized to execute any other docu- “Hoover Pavilion Deed”); and enter into two, 15 (fifteen) year ments and certificates, and take any Whereas, the Hoover Pavilion Lease By Way of Concession agree- other actions which may be necessary Deed contained a restrictive ments with the City of Cleveland to or appropriate to effect the lease covenant and reversionary clause provide medical services at the under the Option to Lease Agreement (deed restriction), stating that the Thomas McCafferty and J. Glen authorized by this ordinance. grantee (State of Ohio) “shall oper- Smith Health Centers, such on-site Section 18. That the term of the ate the premises for the reception, services shall include without limi- options to lease and sell described in treatment, and care of the mentally tation: Adult Medicine, Pediatric & Sections 10 and 13 above shall be for a ill,” and that the Hoover Pavilion Family Practice Care, OB/GYN Ser- period of no greater than two years. should revert back to the City of vices, Mental Health Services, Section 19. That the consideration Cleveland if the State fails to main- Financial Counseling, Asthma Clin- to be paid to the City for the options tain such operations for the mental- ic, Cardiology, WIC, Nutrition, Bilin- described in Sections 10 and 13 above ly ill. The deed was recorded in the gual Services, Social Work, Pride shall be $13,720 per year. Cuyahoga County Recorder’s Office Clinic, Healthy Start Applications Section 20. That the City will retain on February 19, 1962 in Volume and expanded evening and weekend one or more access easements over all 10350, Page 563 of the Cuyahoga coverage; (b) maintain specialty leased or sold portions of Permanent County Records (AFN# 00574744); care access and financial counseling Parcel No. 104-02-002 for the purpose and assistance, as well as reduced wait of installing and maintaining exist- Whereas, until very recently, the times for specialty care appoint- ing and future Cleveland Public Northcoast Behavioral Psychiatric ments for patients referred from the Power electric components. Center building was operating on City’s Health Centers; and (c) main- Section 21. That the Option Agree- the Hoover Pavilion property and tain and expand its commitment to ment or Agreements shall be pre- was used by the Northcoast Behav- mentally ill persons, and to receive, pared by the Director of Law. ioral Health Center as a treatment treat, and care for the mentally ill Section 22. That Parcels C and D center for the mentally ill; and at the City’s Health Centers and on- (the Submerged Lands) are not neces- Whereas, the State of Ohio intends site at its main campus and at other sary for the construction, mainte- to transfer the Hoover Pavilion MetroHealth locations in the City of nance, or operation by the municipal property to The MetroHealth System Cleveland, for a period of at least (“MetroHealth”); and corporation, county, or port authority fifteen (15) years from the date the Whereas, MetroHealth intends to of breakwaters, piers, docks, City of Cleveland releases the Deed demolish the former Northcoast wharves, bulkheads, connecting Restriction. Behavioral Psychiatric Center build- Section 2. That the Director of Law ways, water terminal facilities, and ing as part of its plan to redevelop shall prepare and the Mayor shall exe- improvements, and marginal high- the hospital campus which includes cute on behalf of the City of Cleveland ways in aid of navigation and water the Hoover Pavilion property where a Release of Covenant and Deed commerce and that the land uses spec- it will continue to provide medical Restrictions for the property located ified in the application comply with services including the treatment of on 1708 Southpoint Drive, Cleveland, regulation of permissible land use the mentally ill; and Ohio, formerly known as the Hoover under a waterfront plan of the City of Whereas, in order to redevelop the Pavilion and more fully described as: Cleveland. hospital campus, MetroHealth has Situated in the City of Cleveland, Section 23. That the proceeds from requested that the City of Cleveland County of Cuyahoga and State of the sale and lease, payment for con- remove the Deed Restriction; and Ohio, and known as being part of sideration of the options, and the pro- Whereas, the City of Cleveland Original Brooklyn Township Lot No. ceeds from the sale or lease of the has agreed to remove the Deed 73 and being known as part of the property if either options are exer- Restriction in return for Metro- City Hospital site, so-called, and cised shall be deposited into Fund No. Health agreeing to: bounded and described as follows: 58 SF 001. 1. enter into two, 15 (fifteen) year Beginning on the northerly line of Section 24. That this ordinance is Lease By Way of Concession agree- the East View Addition of part of declared to be an emergency measure ments with the City of Cleveland to Original Brooklyn Township Lots and, provided it receives the affirma- provide medical services at the Nos. 66 and 73, recorded in Volume 16, tive vote of two-thirds of all the mem- Thomas McCafferty and J. Glen Smith Page 19, of Cuyahoga County Map bers elected to Council, it shall take Health Centers, such on-site services Records, at its intersection with the effect and be in force immediately shall include without limitation: westerly line of Sublot No. 18 in said upon its passage and approval by the Adult Medicine, Pediatric & Family East View Addition; thence in a direct Mayor; otherwise it shall take effect Practice Care, OB/GYN Services, Men- extension of said westerly line of and be in force from and after the ear- tal Health Services, Financial Coun- Sublot No. 18 North 262.37 feet to the liest period allowed by law. seling, Asthma Clinic, Cardiology, southerly line of an existing passage- Passed April 29, 2013. WIC, Nutrition, Bilingual Services, way or tunnel; thence South 76 ° 50’ Effective May 1, 2013. Social Work, Pride Clinic, Healthy 00” East 415.12 feet; thence South 13° 801 52 The City Record May 8, 2013

10’ 00” West 172.35 feet to the north- 73rd Street to the West Shoreway Ord. No. 595-13. easterly corner of Sublot No. 27 in said (the “Improvement”); and By Council Member Sweeney. East View addition 365 feet, more or Whereas, the City shall cooperate An emergency ordinance to amend less, to the place of beginning. with the Ohio Director of Trans- Sections 195.02 and 195.03 of the Cod- Section 3. That notwithstanding portation in the above described pro- ified Ordinances of Cleveland, Ohio, and as an exception to the provisions ject by assuming and bearing one 1976, as amended by Ordinance No. of Chapters 181 and 183 of the Codi- hundred percent (100%) of the 957-12, passed July 11, 2012, provid- fied Ordinances of Cleveland, Ohio, entire cost of the Improvement, less ing an exemption from the admis- 1976, the Director of Public Health is the amount of Federal-aid Earmark, sion tax for small capacity live authorized to lease by way of conces- NOACA, and state funds set aside by entertainment venues. sion to MetroHealth, or its designee the Director of Transportation for Whereas, this ordinance consti- (“Lessee”), certain property, which is the financing of this Improvement tutes an emergency measure provid- suitable for lease by another party for from funds allocated by the Feder- ing for the usual daily operation of public use, known as the Thomas al Highway Administration, U.S. a municipal department; now, there- McCafferty Health Center located at Whereas, the share of the City’s fore 4242 Lorain Avenue, Cleveland, Ohio cost of the Improvement is now esti- Be it ordained by the Council of 444113 and J. Glen Smith Health Cen- mated to be $3,678,444, but may be the City of Cleveland: ter located at 11100 St. Clair Avenue, adjusted when the percentages of Section 1. That Sections 195.02 and 195.03 of the Codified Ordinances of Cleveland, Ohio 44108. actual costs are determined; and Cleveland, Ohio, 1976, as amended Section 4. That the term of the leas- Whereas, the Ohio Director of by Ordinance No., and Section 195.03, es authorized by this ordinance shall Transportation has approved the as amended by Ordinance No. 957-12, be 15 years. legislation proposing cooperation passed July 11, 2012 are amended to Section 5. That the Thomas McCaf- and has caused to be made plans read as follows: ferty and J. Glen Smith Health Center and specifications and an estimate properties authorized by this ordi- of costs and expense for the Improvement and has transmitted Section 195.02 Tax Levied nance shall be leased at no rent in To provide funds for the purposes exchange for Lessee providing med- copies of the same to this legisla- tive authority; and of general municipal operations, pro- ical services as described in Section 1 curement of fixed assets or perma- to the citizens of Cleveland through Whereas, the City desires the Ohio Director of Transportation to pro- nent improvements including the pay- the use of a sliding scale for payment ment of costs of acquiring, construct- based on the patient’s ability to pay, ceed with the Improvement; and Whereas, this ordinance consti- ing, reconstructing, rehabilitating, and such other terms as are agreed to tutes an emergency measure provid- remodeling, renovating, enlarging, by the Director of Public Health, ing for the usual daily operation of improving, equipping or furnishing which is determined to be fair market a municipal department; now, there- facilities by contract, lease, lease-pur- value. fore, chase, or otherwise, and including the Section 6. That the leases may Be it ordained by the Council of improvement of the municipal stadi- authorize the Lessee to make the City of Cleveland: um by cooperative arrangements improvements to the leased premises Section 1. That this Council with other political subdivisions or at no cost to the City subject to the nonprofit corporations, payment of requests the Ohio Director of Trans- lease rentals, lease-purchase approval of appropriate City agencies portation to proceed with the amounts, debt charges or other oblig- and officials. Improvement. ations, the administration of deficits Section 7. That the leases shall be Section 2. That the Director of Capi- in City funds and for all other lawful prepared by the Director of Law. tal Projects is authorized to enter into purposes, there is hereby levied and Section 8. That the Director of Pub- any agreements necessary to imple- imposed upon every person who pays lic Health, the Director of Law, and ment the Improvement. an admission charge to any one place: other appropriate City officials are Section 3. That the Clerk of Council (a) A tax of eight percent (8%) on authorized to execute any other docu- is authorized to transmit a copy of the amounts paid for admission to any ments and certificates, and take any this ordinance to the Director of place, including admission by season other actions which may be necessary ODOT. ticket or subscription. The tax shall or appropriate to effect the leases Section 4. That, notwithstanding authorized by this ordinance. apply to every admission within the any provision of the Codified Ordi- City for which a charge is made, Section 9. That this ordinance is nances of Cleveland, Ohio, 1976, to the declared to be an emergency measure notwithstanding that the sale of the contrary, the Commissioner of Pur- ticket or other evidence of right of and, provided it receives the affirma- chases and Supplies is authorized to tive vote of two-thirds of all the mem- admission thereto is made outside of acquire, accept, and record for right- the City; bers elected to Council, it shall take of-way purposes such real property (b) A tax of eight percent (8%) on effect and be in force immediately and easements as are necessary to the excess of the amounts paid for upon its passage and approval by the make the Improvement. The consider- tickets or cards of admission to the- Mayor; otherwise it shall take effect ation to be paid for the property shall aters, operas and other places of and be in force from the earliest peri- not exceed fair market value. amusement, sold at newsstands, hotel od allowed by law. Section 5. That the Director of Capi- and places other than the ticket Passed April 29, 2013. tal Projects is authorized to execute offices of such theaters, operas or Effective May 1, 2013. on behalf of the City all documents other places of amusement, over and necessary to acquire, accept, and above the amounts representing the record the property and easements. established price therefore at such Section 6. That the Director of Capi- ticket offices, such tax to be returned Ord. No. 570-13. tal Projects is authorized to enter into and paid in the manner provided in By Council Members Zone, Miller, any agreements necessary to imple- Section 195.04 by the person selling Cleveland and Kelley (by departmen- ment the Improvement. the ticket; tal request). Section 7. That this Council is (c) A tax of eight percent (8%) on An emergency ordinance giving authorized to cause payment to the the amount paid for admission to any final consent of the City of Cleve- State of the City’s share of the public performance for profit at any land to the State of Ohio for the con- Improvement, payable from Fund roof garden, cabaret or other similar struction of a new grade separation Nos. 20 SF 38020 SF 394, 20 SF 500, 20 entertainment in case the charge for with Norfolk Southern and extension SF 506, 20 SF 510, 20 SF 520, 20 SF 528, admission is in the form of a service of West 73rd Street to the West 20 SF 534, 20 SF 540, and 20 SF 546. charge, cover charge or other similar Shoreway; authorizing the Director RQS 0103, RL 2013-47. charge; of Capital Projects to enter into Section 8. That this ordinance is (d) A tax of eight percent (8%) on agreements with the State of Ohio; declared to be an emergency measure the amount paid as annual member- and causing payment to the State of and, provided it receives the affirma- ship dues by every club or organiza- Ohio for the City’s share of the tive vote of two-thirds of all the mem- tion maintaining a golf course, and a improvement. bers elected to Council, it shall take tax of eight percent (8%) on greens Whereas, under Ordinance No. 704- effect and be in force immediately fees paid to golf courses either under 09, passed June 8, 2009, this Council upon its passage and approval by the club or private ownership; authorized the City of Cleveland to Mayor; otherwise it shall take effect (e) A tax of six percent (6%) on the cooperate with the Director of and be in force from and after the ear- amount paid for admission to any Transportation for the construction liest period allowed by law. museum on land leased by the City of a new grade separation with Nor- Passed April 29, 2013. and subject to tax pursuant to divi- folk Southern and extension of West Effective April 29, 2013. sion (b)(2) of Section 195.03. 802 May 8, 2013 The City Record 53

(f) A tax of four percent (4%) on boxing, sparring or other pugilistic effective only as long as there are out- the amount paid for admission to any matches or exhibitions, unless exclu- standing any Arena Bonds to which small capacity live entertainment sively for the benefit of those organi- reference is made in the Cooperative venue that has occupant load capaci- zations set forth in division (a)(2) of Agreement between the City and ty of one hundred-fifty-one (151) peo- this section, nor in the case of admis- County authorized by Ordinance No. ple or more, but not greater than sions to any athletic game or exhibi- 327-92 (the “Cooperative Agreement”) seven hundred-fifty (750) people. For tion the proceeds of which inure whol- (such Bonds being hereinafter purposes of this section, “small capac- ly or partly to the benefit of any high referred to as the “Arena Bonds”) and ity live entertainment venue” is school, academy, preparatory or other only if and as long as the following defined as any separate room in a school or wholly or partly to the bene- conditions are met and shall have premises where people pay admission fit of any college or university. been certified to be met by the Direc- to attend a separate active perfor- (2) The exemption from tax provid- tor of Law to the Commissioner of mance by an individual or individuals ed by division (a)(1) of this section Assessments and Licenses: who, at the time of and during the per- shall, however, not be allowed in case (1) Gateway shall pay or shall formance, create live entertainment of admissions to museums located on cause the lessees or operators of the for an audience through the use or land leased by the City pursuant to a Gateway Arena to pay to the Trustee manipulation of voice, instruments, lease agreement entered into after (the “Trustee”) for the holders of the or dance. If the same active perfor- August 21, 1991. Arena Bonds amounts equal to the mance is occurring for the benefit of (c) Immediately after the event for taxes that would have been levied more than one separate room, then which an exemption from admission under Section 195.02 but for the those separate rooms shall be consid- tax has been allowed, upon the exemption provided by this division ered together as one venue. demand of the Commissioner of (f) at the times and in the manner Assessments and Licenses, the trea- that such taxes would have been Section 195.03 Exemptions from surer of the institution, society or payable under this chapter. In com- Tax organization for whose benefit such puting the amount payable pursuant (a) No tax shall be levied under this event was held shall file an itemized to this division (f)(1), the admission chapter with respect to any admission statement with the Commissioner set- charges for admissions to the Arena all the proceeds of which inure: ting forth the amount of money actu- shall be deemed to be net of the (1) Exclusively to the benefit of ally received by such treasurer amount payable pursuant to this divi- religious, educational or charitable together with the expenses of promot- sion (f)(1). institutions, societies or organiza- ing and conducting such event. Such (2) The County shall, in its trust tions; societies or organizations for statement shall be used as a basis of agreement or a related agreement the prevention of cruelty to children subsequent requests for exemption with the Trustee, require the Trustee: or animals or societies or organiza- from admissions tax for the benefit of A. To retain each Bond Year as tions conducted for the sole purpose such institution, society or organiza- defined in the Cooperative Agreement of maintaining symphony orchestras tion. If such statement shows a dis- from the amounts paid to the Trustee and receiving substantial support proportionate expenditure for promot- pursuant to division (f)(1) of this sec- from voluntary contributions, or of ing and conducting such event, in tion to secure payments with respect improving any municipal corporation, relation to the profits, if any, no such to the Arena Bonds as provided in the or of maintaining a cooperative or exemption shall thereafter be Cooperative Agreement, an amount community center, moving picture allowed to such institution, society or up to the sum of: (a) three percent theater, or swimming pool, if no part organization. (3%) of all admissions charges for of the net earnings thereof inures to (d) The exemption from tax provid- admissions to the Gateway Arena dur- the benefit of any private stockholder ed in this section shall not be allowed ing the related Collection Year as pro- or individual; to any institution, society or organi- vided in the Cooperative Agreement (2) Exclusively to the benefit of zation which does not control the sale for: basketball games played by the persons in the military or naval forces of admissions to the event for which Cleveland Cavaliers at the Gateway of the United States, or of National the exemption is requested, nor shall Arena during each basketball season Guard organizations, reserve officer any exemption be allowed where tal- (including divisional, conference and associations or posts or organizations ent, services or other items are com- championship play-off games); pre- of war veterans or auxiliary units or pensated for on a percentage basis if season or exhibition basketball societies of any such posts or organi- such percentage results in a payment games played by said Cavaliers at the zations, if such posts, organizations, in excess of the flat rate ordinarily Gateway Arena and the NBA All-Star units or societies are organized in the charged for the same talent, services Game and any other event held at the State, and in no part of their net earn- or other items. Gateway Arena in which professional ings inures to the benefit of any pri- (e) The limitation contained in this basketball players participate (col- vate stockholder or individual; section, upon the exemption from tax lectively, “Games”), plus (b) in the (3) Exclusively to the benefit of in case of admissions to wrestling event that the City increases the members of the police or fire depart- matches, prize fights or boxing, spar- taxes payable under this chapter ments of any municipal corporation, ring or other pugilistic matches or from six percent (6%) to a higher or the dependents or heirs of such exhibitions, shall not be deemed to rate, the percentage equal to such members; apply to any such matches or exhibi- increase times all admissions charges (4) Exclusively to the benefit of the tions in which all the contestants are for all admissions during such Collec- general revenue fund of any munici- amateurs and the entire proceeds tion Year to the Gateway Arena for pal corporation or exclusively to the thereof are devoted to a legitimate Games, and plus (c) in the event that benefit of any fund of any municipal charitable purpose, excepting there- the City increases the taxes payable corporation under the control of a from the necessary expenses, which under this chapter from six percent recreation commission. shall in no event include payment to (6%) to a higher rate, the percentage (5) Exclusively to a small capacity any contestant other than his or her equal to such increase times all live entertainment venue that has necessary traveling expenses. admissions charges for all admis- occupant load capacity of less than or (f) Notwithstanding anything else sions during such Collection Year to equal to one hundred-fifty (150) peo- in this chapter to the contrary, no tax the Gateway Arena for any events ple. For purposes of this section, shall be levied under this chapter other than Games; “small capacity live entertainment with respect to any admission to the B. To release and pay to the City at venue” is defined as any separate indoor arena facility (the “Gateway the end of each Bond Year any of such room in a premises where people pay Arena”) constructed by Gateway Eco- amount described in division (f)(2)A. admission to attend a separate active nomic Development Corporation of above not used or needed for such pur- performance by an individual or indi- Greater Cleveland (“Gateway”) pur- pose during such Bond Year, together viduals who, at the time of and during suant to that certain Agreement with any investment income earned the performance, create live enter- Relating to Ownership, Financing, thereon; and tainment for an audience through the Construction and Operation of a C. To pay any such amounts in use or manipulation of voice, instru- Sports Facility and Related Economic excess of the amount described in ments, or dance. If the same active Development Projects, dated as of division (f)(2)A. above directly to the performance is occurring for the ben- November 7, 1990, as amended by the City at the end of each Bond Year, efit of more than one separate room, First Amendment as authorized by together with any investment income then those separate rooms shall be Ordinance No. 325-92 (the “Three- earned thereon. considered together as one venue. Party Agreement”), between the City, (3) Gateway shall prepare and sub- (b) (1) The exemption from tax pro- Gateway, and the County of Cuya- mit to the Director of Finance of the vided by this section shall, however, hoga, Ohio (the “County”), provided, City and the Clerk of City Council, or not be allowed in case of admissions however, that the exemption provided cause the preparation and submission to wrestling matches, prize fights or by this division (f) shall apply and be to the Director of Finance of the City 803 54 The City Record May 8, 2013 and the Clerk of City Council, such dance with paragraph (1) of this sub- Section 3. That the Director of Capi- returns and reports regarding the section (g), no such exemption shall tal Projects is authorized to execute amounts paid to the Trustee pursuant thereafter be allowed to such institu- on behalf of the City all documents to division (f)(1) of this section as the tion, society or organization. necessary to acquire, accept, and Directors of Law and Finance shall Section 2. That this ordinance is record the property and easements reasonably require to demonstrate declared to be an emergency measure and to employ and pay all fees for Gateway’s compliance with this sec- and, provided it receives the affirma- title companies, surveys, escrows, tion. tive vote of two-thirds of all the mem- appraisers, and all other costs neces- (4) Gateway shall agree to repay or bers elected to Council, it shall take sary for the acquisition of the proper- cause to be repaid to the City from effect and be in force immediately ty and easements. Gateway’s future excess revenues upon its passage and approval by the Section 4. That the Director of Capi- any moneys paid to the Trustee pur- Mayor; otherwise it shall take effect tal Projects is authorized to enter into suant to division (f)(2)A. of this sec- and be in force from and after the ear- any agreements necessary to imple- tion actually applied to the payments liest period allowed by law. ment the Improvement. with respect to the Arena Bonds with Passed April 29, 2013. Section 5. That the Clerk of Council interest and on such other terms and Effective May 1, 2013. is authorized to transmit a copy of in such form as are consistent with this ordinance to the Director of Gateway’s obligations under the trust ODOT. indentures and related agreements Section 6. That this Council is securing Gateway’s bonds and the Ord. No. 596-13. authorized to cause payment to the State of the City’s share of the Arena Bonds and as the City’s Direc- By Council Members Brancatelli, Improvement, payable from Fund tor of Finance and Director of Law Miller, Cleveland and Kelley (by Nos. 20 SF 380, 20 SF 383, 20 SF 394, 20 deem acceptable in the interests of departmental request). SF 500, 20 SF 506, 20 SF 510, 20 SF 520, the City. An emergency ordinance giving 20 SF 528, 20 SF 534, 20 SF 540, 20 SF (5) Gateway shall make or cause to final consent of the City of Cleve- 546, 52 SF 001, and 54 SF 001. (RQS be made such other assurances and land to the State of Ohio for the 0103, RL 2013-78) commitments as the City’s Director of improvement of the Broadway/Ack- Section 7. That this ordinance is Finance and Director of Law deem ley/Union intersection; authorizing declared to be an emergency measure necessary, and appropriate to protect the Director of Capital Projects to and, provided it receives the affirma- the City’s entitlements under this enter into agreements; and causing tive vote of two-thirds of all the mem- division (f) and provide copies of payment to the State of Ohio for the bers elected to Council, it shall take such other assurances and commit- City’s share of the improvement. effect and be in force immediately ments to the Clerk of the Council. Whereas, under Ordinance No. upon its passage and approval by the (g) (1) Except as otherwise provid- 1206-11, passed October 31, 2011, this Mayor; otherwise it shall take effect ed in division (b), and notwithstand- Council authorized the City of Cleve- and be in force from and after the ear- ing anything else in this chapter to land to cooperate with the Director liest period allowed by law. the contrary, no tax shall be levied of Transportation for the improve- Passed April 29, 2013. under this chapter with respect to any ment of the Broadway/Ackley/- Effective April 29, 2013. admission to live theater, live opera, Union intersection (the “Improve- live ballet, or live exhibition of dance, ment”); and musical performance, or monologue Whereas, the City shall cooperate productions which are sponsored by with the Ohio Director of Trans- Ord. No. 630-13. an institution, society or organization portation in the above described pro- By Council Member J. Johnson. that has received a determination ject by assuming and bearing one An emergency ordinance authoriz- from the Internal Revenue Service hundred percent (100%) of the ing the Director of the City Plan- that the organization is exempt from entire cost of the Improvement, less ning Commission to enter into an federal income tax under section the amount of Federal Highway agreement with St. Clair Superior 501(c)(3) of the Internal Revenue Administration and United States Development Corporation for the Code of 1986, as amended; provided Department of Transportation funds AsiaTown Cultural Center Planning that the institution, society or organi- set aside by the Director of Trans- Project through the use of Ward 8 zation actively participates in plan- portation for the financing of this Neighborhood Capital Funds. ning and conducting the event, is Improvement; and Whereas, this ordinance consti- responsible for the safety and success Whereas, the share of the City’s tutes an emergency measure provid- of the event, is organized for the pur- cost of the Improvement is now esti- ing for the usual daily operation of pose of sponsoring live theater, live mated to be $96,898, but may be a municipal department; now, there- opera, live ballet, or live exhibition of adjusted when the percentages of fore, dance, musical performance, or mono- actual costs are determined; and Be it ordained by the Council of logue productions and has among the Whereas, the Ohio Director of the City of Cleveland: stated purposes in its charter the pro- Transportation has approved the Section 1. That the Director of the motion of arts education in the com- legislation proposing cooperation City Planning Commission is autho- munities which it serves, and will and has caused to be made plans rized to enter into an agreement receive at least twenty percent (20%) and specifications and an estimate with St. Clair Superior Development Corporation for the AsiaTown Cul- of the net profits, if any, of the events of costs and expense for the tural Center Planning Project for which the institution, society or orga- Improvement and has transmitted the public purpose of creating a nization sponsors and will bear the copies of the same to this legisla- Asian community & cultural center risk of at least twenty percent (20%) tive authority; and in the city of Cleveland to promote of the losses, if any, from the events Whereas, the City desires the Ohio cultural diversity through the use of which the institution, society or orga- Director of Transportation to pro- Ward 8 Neighborhood Capital nization sponsors. ceed with the Improvement; and Funds. (2) The exemption from tax provid- Whereas, this ordinance consti- Section 2. That the cost of said con- ed in this subsection shall not be tutes an emergency measure provid- tract shall be in an amount not to allowed to any institution, society or ing for the usual daily operation of exceed $5,000 and shall be paid from organization which does not control a municipal department; now, there- Fund No. 10 SF 177. the sale of admissions to the event for fore, Section 3. That the Director of Law which the exemption is requested. Be it ordained by the Council of shall prepare and approve said con- (3) Immediately after an event for the City of Cleveland: tract and that the contract shall con- which an exemption from admission Section 1. That this Council tain such terms and provisions as he tax has been allowed pursuant to this requests the Ohio Director of Trans- deems necessary to protect the City’s subsection (g), the treasurer of the portation to proceed with the interest. institution, society or organization Improvement. Section 4. That this ordinance is shall file an itemized statement with Section 2. That, notwithstanding hereby declared to be an emergency the Commissioner setting forth the any provision of the Codified Ordi- measure and, provided it receives the amount of money actually received by nances of Cleveland, Ohio, 1976, to the affirmative vote of two-thirds of all such treasurer together with the contrary, the Commissioner of Pur- the members elected to Council, it expenses of promoting and conduct- chases and Supplies is authorized to shall take effect and be in force imme- ing such event. Such statement shall acquire, accept, and record for right- diately upon its passage and approval be used as a basis of subsequent of-way purposes such real property by the Mayor; otherwise it shall take requests for exemption from admis- and easements as are necessary to effect and be in force from and after sions tax in accordance with this sub- make the Improvement. The consider- the earliest period allowed by law. section. If such statement demon- ation to be paid for the property shall Passed April 29, 2013. strates a failure to qualify in accor- not exceed fair market value. Effective May 1, 2013. 804 May 8, 2013 The City Record 55

Ord. No. 631-13. East 4th St – east-bound on Huron go east to West 25th Street; then turn By Council Member Cleveland. – south-bound on East 2nd – east- right on West 25th Street and go south An emergency ordinance authoriz- bound on Huron – north-bound on to Barber Avenue; then turn left on ing and directing the Director of East 9th St – east-bound on Huron Barber Avenue and go east to Scran- Capital Projects to issue a permit to – west-bound on Euclid – north- ton Road; then turn left on Scranton Burten, Bell, Carr Development to bound on East 12th – west-bound on Road and go north to Starkweather stretch banners at East 55th & Scov- Lakeside – north-bound on East 9th Avenue; then turn right on Stark- ill near East Tech and East 39th & – ending at Voinovich Park; provid- weather Avenue and go east to West Community College Avenue, north- ed that the applicant sponsor shall 11th Street; then turn left on West east side, for the period from May meet all the requirements of Section 11th Street and go north to Abbey 29, 2013 to June 29, 2013, inclusive, 411.05 of the Codified Ordinances of Avenue; then turn left on Abbey publicizing the 8th Annual Ward 5 Cleveland, Ohio, 1976. Streets may be Avenue and go west to West 20th Family Festival. closed as determined by the Chief of Street; then turn right on West 20th Whereas, this ordinance consti- Police and safety forces as may be Street and go north to Lorain Avenue; tutes an emergency measure provid- necessary in order to protect the turn right on Lorain ing for the usual daily operation of participants in the event. Said per- Avenue/Carnegie Avenue (in east- a municipal department; now, there- mit shall further provide that the bound lanes, with traffic) and go east fore, City of Cleveland shall be fully to Ontario Street; then turn left on Be it ordained by the Council of indemnified from any and all liabil- Ontario Street (in southbound lanes, the City of Cleveland: ity resulting from the issuance of against traffic) to W. Huron Street; Section 1. That notwithstanding the same, to the extent and in form then turn left (30 degrees) on W. the provision of Section 623.13 of the satisfactory to the Director of Law. Huron Street and go west to West 6th Codified Ordinances, of Cleveland, Section 2. That this ordinance is Street; then turn right on West 6th Ohio, 1976, the Director of the hereby declared to be an emergency Street and go north to W. Prospect Department of Capital Projects is measure and, provided it receives the Avenue; then turn left on W. Prospect hereby authorized and directed to affirmative vote of two-thirds of all Avenue (becomes West 6th Street) issue a permit to Burten, Bell, Carr the members elected to Council, it and go north to W. St. Clair Avenue; Development to stretch banners at shall take effect and be in force imme- then turn right on W. St. Clair Avenue East 55th & Scovill near East Tech diately upon its passage and approval and go east to East 9th Street. At this and East 39th & Community College by the Mayor; otherwise, it shall take point the courses of the Marathon and Avenue, northeast side, for the peri- effect and be in force from and after Half Marathon split. The Half od from May 29, 2013 to June 29, the earliest period allowed by law. Marathon course continues; turn left 2013, inclusive. Said banner shall be Passed April 29, 2013. on East 9th Street (center lanes) and approved by the Director of Capital Effective May 1, 2013. go north to Erieside Street; then turn Projects, in consultation with the left on Erieside Street (center lanes) Director of Public Safety, as to type, and go north to the center of driveway method of affixing and location so at the Great Lakes Science Center as not to interfere with any sign Ord. No. 634-13. (Half Marathon Finish). The erected and maintained under the By Council Members Cimperman, Marathon course continues; turn right requirements of law or ordinance. Dow, J. Johnson, Zone and West- on East 9th Street and go north to E. The permission of the owner of any brook. Superior Avenue; then turn left on E. pole from which a banner will be An emergency ordinance consent- Superior Avenue and go east to East hung must be obtained prior to ing and approving the issuance of a 13th Street; then turn right on East issuance of the permit. No commer- permit for the 2013 Rite Aid Cleve- 13th Street and go south to Euclid cial advertising shall be printed or land Marathon, Half Marathon, 10K, Avenue; then turn left on Euclid permitted on said banner and said and 5K, on May 19, 2013. Avenue and go east to East 18th banner shall be removed promptly Whereas, this ordinance consti- Street; then turn left on East 18th upon the expiration of said permit. tutes an emergency measure provid- Street and go north to Chester Section 2. That this ordinance is ing for the usual daily operation of Avenue; then turn right on Chester hereby declared to be an emergency a municipal department; now, there- Avenue (in westbound lanes, against measure and, provided it receives the fore, traffic) and go east to East 36th affirmative vote of two-thirds of all Be it ordained by the Council of Street; then turn left on East 36th the members elected to Council, it the City of Cleveland: Street and go north to Payne Avenue; shall take effect and be in force imme- Section 1. That pursuant to Sec- then turn right on Payne Avenue and diately upon its passage and approval tion 411.06 of the Codified Ordi- go east to East 36th Street; then turn by the Mayor; otherwise, it shall take nances of Cleveland, Ohio 1976, this left on East 36th Street and go north effect and be in force from and after Council consents to and approves to St. Clair Avenue, N.E.; then turn the earliest period allowed by law. the holding of the 2013 RiteAid right on St. Clair Avenue, N.E., and go Passed April 29, 2013. Cleveland Marathon, Half Marathon, east to East 40th Street; then turn Effective May 1, 2013. 10K, and 5K, sponsored by Cleve- right on East 40th Street and go south land Marathon, Inc., on May 19, 2013 to Chester Avenue; then turn left on Section 2. The 2013 Rite Aid Cleve- Chester Avenue (in westbound lanes, land Marathon and Half Marathon against traffic) and go east to Martin Ord. No. 632-13. courses start on West 3rd Street at the Luther King, Jr. Drive; then turn left By Council Member Cimperman. corner of FirstEnergy (Cleveland on Martin Luther King, Jr. Drive and An emergency ordinance consent- Browns) Stadium, just north of west go north to North Marginal Road; then ing and approving the issuance of a parking lot entrance (south side of turn left on North Marginal Road and permit for the 25th Annual Walk for crosswalk); then south on West 3rd go west to East 72nd Street; then turn Hunger, on May 11, 2013. Street to West Lakeside Avenue; then left on East 72nd Street and go south Whereas, this ordinance consti- turn right on West Lakeside Avenue to St. Clair Avenue, E.; then turn left tutes an emergency measure provid- and merge onto Cleveland Memorial on St. Clair Avenue, E., and go east to ing for the usual daily operation of Shoreway entrance ramp (top of the turnaround just west of East 73rd a municipal department; now, there- ramp); then enter Cleveland Memori- Street (180 degree turn); complete the fore, al Shoreway, going westbound to 180 degree turn on St. Clair Avenue, Be it ordained by the Council of Edgewater Drive exit; then turn right E., and go west to East 9th Street; turn the City of Cleveland: on Edgewater Drive exit, go west on right on East 9th Street (northbound Section 1. That pursuant to Sec- Edgewater Drive to West 110th lanes, with traffic) and go north to tion 411.06 of the Codified Ordi- Street; then turn left on West 110th Erieside Street; then turn left on nances of Cleveland, Ohio 1976, this Street and go south to Lake Avenue; Erieside Street (center lanes) and go Council consents to and approves then turn left on Lake Avenue and go west to the center of driveway at the the holding of the 25th Annual Walk east to West 85th Street; then turn Great Lakes Science Center for Hunger, on May 11, 2013, start: right on West 85th street and go south (Marathon Finish). Burke Lakefront Airport – proceeds to Detroit Avenue; then turn left on Section 3. The 2013 Rite Aid Cleve- west-bound on North Marginal – Detroit Avenue and go east to West land Marathon 10K course starts on south-bound on East 9th St – west- 74th Street; then turn right on West West 3rd Street at the corner of bound on St. Clair – south-bound on 74th Street and go south to Franklin FirstEnergy Stadium, just north of West 3rd – east-bound on W. West Boulevard; then turn left on Franklin west parking lot entrance (south side Superior – south-bound on West 2nd Boulevard and go east to West 44th of crosswalk); then south on West 3rd – east-bound on Euclid Ave – south- Street; then turn right on West 44th Street to W. St. Clair Avenue; then bound on Ontario Ave – east-bound Street and go south to Lorain Avenue; turn right on W. St. Clair Avenue on Prospect Ave – south-bound on then turn left on Lorain Avenue and (westbound lanes with traffic) and 805 56 The City Record May 8, 2013 go west to West 6th Street; then turn Clair Avenue and go west to East 9th Westbrook, Zone. Authorized left on West 6th Street (westbound Street; then turn right on East 9th Absence: Sweeney, Vice Chair. lanes with traffic) and go south the Street and go north to Erieside W. Superior Avenue; then turn right Avenue; then turn left on Erieside Tuesday, May 7, 2013 on W. Superior Avenue (becomes Avenue and go west to Al Lerner 9:30 a.m. Detroit Avenue) and go west to West Way; then turn right on Erieside 67th Street; then turn right on West Avenue and go north and west to the Community and Economic Devel- 67th Street and go north to Father tunnel at the northwest corner of opment Committee: Present: Bran- Caruso Drive; then turn right on FirstEnergy Stadium; then turn left catelli, Chair; Cimperman, Cummins, Father Caruso Drive and go east to into the tunnel at northwest corner of J. Johnson, Miller, Pruitt, West- West 65th Street; then turn right on FirstEnergy Stadium and onto the brook, Zone. Authorized Absence: West 65th Street and go south the Her- field in the west end zone (5K Fin- Dow, Vice Chair. man Avenue; then turn left on Her- ish). man Avenue and go east to West 49th Section 5. That this ordinance is 1:30 p.m. Street; then turn right on West 49th hereby declared to be an emergency Street and go south to Tillman measure and, provided it receives the Employment, Affirmative Action Avenue; then turn left on Tillman affirmative vote of two-thirds of all and Training Committee: Present: Avenue and go east to Cleveland the members elected to Council, it Zone, Chair; Pruitt, Vice Chair; Cum- Memorial Shoreway (eastbound) shall take effect and be in force imme- mins, J. Johnson, K. Johnson, entrance; then turn slight right on diately upon its passage and approval Mitchell. Authorized Absence: West- Cleveland Memorial Shoreway and go by the Mayor; otherwise, it shall take brook. east to W. Lakeside Avenue exit; then effect and be in force from and after turn slight right on W. Lakeside the earliest period allowed by law. Wednesday, May 8, 2013 Avenue exit and go east on W. Lake- Passed April 29, 2013. 10:00 a.m. side Avenue (becomes Lakeside Effective May 1, 2013. Avenue, E.) to East 9th Street; turn Aviation and Transportation Com- left on East 9th Street (northbound mittee: Present: Keane, Chair; lanes, against traffic) and go north to COUNCIL COMMITTEE Pruitt, Vice Chair; Cummins, J. Erieside Street; then turn left on MEETINGS Johnson, K. Johnson, Kelley, Erieside Street (in eastbound lanes, Mitchell. against traffic) and go west to the Monday, May 6, 2013 driveway at the Great Lakes Science 12:30 p.m. 9:30 a.m. Center (10K Finish). Public Utilities Committee: Pre- Section 4. The 2013 Rite Aid Cleve- Health and Human Services Com- sent: Pruitt, Chair; Brady, Vice land Marathon 5K course starts on mittee: Present: Cimperman, Chair; Chair; Dow, Kelley, Miller, West 3rd Street at the southwest cor- J. Johnson, Vice Chair; Conwell, Polensek, Westbrook. Authorized ner of FirstEnergy Stadium, just Keane, Kelley, Polensek. Absence: Conwell, Cummins. north of Al Lerner Way; then south on West 3rd Street to W. Superior 11:00 a.m. Thursday, May 9, 2013 Avenue; then turn right on W. Superi- 9:30 a.m. or Avenue and go west to West 6th Legislation Committee: Present: Street; then turn left (45 degrees) on Mitchell, Chair; K. Johnson, Vice Public Safety Committee: Present: West 6th Street and go south to W. Chair; Brancatelli, Cimperman, Conwell, Chair; Polensek, Vice Huron Road; then turn left on West Cleveland. Authorized Absence: Chair; Brady, Cleveland, Dow, Huron Road (becomes Huron Road, Sweeney. Mitchell, Zone. Authorized Absence: E.) and go east to Prospect Street; Cummins, Miller. then turn right on Prospect Street and 2:00 p.m. go east to Huron Road, E.; then turn 11:00 a.m. left on Huron Road, E. (becomes East Finance Committee:Present: Kel- 13th Street) and go north to E. St. ley, Chair; Brady, Brancatelli, Cleve- Public Service Committee: CAN- Clair Avenue; then turn left on E. St. land, Keane, Miller, Mitchell, Pruitt, CELLED.

Index

O—Ordinance; R—Resolution; F—File Bold figures—Final Publication; D—Defeated; R—Reprint; T—Tabled; V—Vetoed; Bold type in sections indicates amendments

Aging Department

Bed Bug Assistance Program — professional service — contracts (O 673-13) ...... 767 Economic Security Project For Cleveland Seniors Program, 2013-14 — National Council On Aging — Grant (O 568-13) ...... 780

Agreements

Amend Section 1 of Ord. No. 373-13 — Fine Arts Program — Broadway School of Music And Arts (Ward(s) 12, 3 and 5 NEF) (O 681-13)...... 776 Amend Title & Sect(s) 3 and 7 of Ord. No. 663-10 — Lake Ave. and West 76th St. Pedestrian Tunnels (O 680-13) ...... 775 Asiatown Cultural Center Planning Project — Promote Asian Community & Cultural Center — City Planning Commission — St. Clair Superior Development Corporation (Ward 08 NCF) (O 630-13) ...... 804 Cleveland Industrial Retention Initiative (CIRI) Administrative Expense — Economic Development Assistance — Wire-Net (O 665-13) ...... 762 Health And Human Services Community Fair — Mt. Pleasant Community Zone (Ward 2 NCF) (O 693-13) ...... 776 806 May 8, 2013 The City Record 57

AIDS

AIDS — Related Services — HOPWA Grant — various agencies — Grant — Health Department (O 661-13) ...... 761 HIV / AIDS Prevention Programs — various agencies — Community Development Department — Health Department (O 662-13) ...... 762

Appropriations

Low Interest Loan And Grant Program — Expend CDBG And Federal Home Funds — Contract with various agencies — Community Development Department — Grants (O 659-13) ...... 761

Assessment Equalization Board

Appoint Assessment Board for Clifton Blvd. (From West 115th to Lake Ave.) (Ward 18) (R 682-13) ...... 777 Sidewalks, Driveway Aprons, Curbs, Castings And Landscaping — West 105 St., West 106th St., West 114th St. And East 151 St. — Approve Report (O 490-13)...... 779

Banners

Burten, Bell, Carr Development Corporation — East 55th St. & Scovill Ave., and East 39th St. & Community College Ave. — May 29th to June 29th — Ward 5 Family Festival — Capital Projects (O 631-13) ...... 805

Board of Control — Administrative Services Division

Inspection services (HOME/Uniform Relocation Act (URA) Program Property Standards, Decent, Safe and Sanitary Dwelling) - per Ord. 638-11 to Graddic Company - Dept. of Community Development (BOC Res. 206-13)...... 782

Board of Control — Architecture and Site Development Division

Estabrook Recreation Center parking lot improvements — per Ord. 534-12 to Nerone & Sons, Inc. — Dept. of Public Works (BOC Res. 202-13) ...... 781 Estabrook Recreation Center roof improvements — per Ord. 533-12 to Industrial Energy Systems, Inc. — Office of Capital Projects and Dept. of Public Works (BOC Res. 199-13) ...... 781 Groton Park site improvements — per Ord. 607-10 to Nerone & Sons, Inc. — Dept. of Public Works (BOC Res. 205-13) ...... 782

Board of Control — Capital Projects Office

Roof improvements at Estabrook Recreation Center — per Ord. 533-12 to Industrial Energy Systems, Inc. — Division of Architecture and Site Development, Dept. of Public Works (BOC Res. 199-13) ...... 781 Woodland Avenue rehabilitation (East 53rd St. to East 86th St.) and Buckeye Road rehabilitation (Woodland Ave. to Ambler St.) — per Ord. 591-11, 733-12 to Terrace Construction Co., Inc. — Division of Engineering and Construction (BOC Res. 198-13) ...... 781

Board of Control — Community Development Department

Addison Road (Ward 7) — PPN 106-04-091 — Pearlie Jones (BOC Res. 213-13) ...... 784 Arlington Avenue, 12513 (Ward 10) — PPN 110-14-054 — Douglas Edward Samuel (BOC Res. 218-13) ...... 785 East 118th Street, 1463 (Ward 9) — PPN 120-10-077 — Clara A. Everett (BOC Res. 212-13)...... 784 East 147th Street, 4115 (Ward 1) — PPN 142-05-067 — Lula Mayfield (BOC Res. 215-13)...... 784 East 84th Street, 2428 (Ward 6) — PPN 126-03-052 — Vera Brewer (BOC Res. 210-13) ...... 783 Forest Grove Avenue, 12313 (Ward 9) — PPN 110-24-028 — Leora VanDyke (BOC Res. 219-13) ...... 785 Glenville Avenue, 10558 (Ward 8) — PPN 108-13-148 — Edward L. Leavy (BOC Res. 214-13) ...... 784 Inspection services (HOME/Uniform Relocation Act (URA) Program Property Standards, Decent, Safe and Sanitary Dwelling) — per Ord. 638-11 to Graddic Company — Division of Administrative Services (BOC Res. 206-13) ...... 782 Rookwood Road, 17724 (Ward 10) — PPN 117-23-001 — Helen E. Minniefield (BOC Res. 216-13) ...... 785 Schaefer Avenue, 6527 (Ward 7) — PPN 105-25-092 — Jason Phillips (BOC Res. 217-13) ...... 785 Svec Avenue, 13821 (Ward 4) — PPN 137-19-117 — Jerry Eades and Rosa Eades (BOC Res. 211-13) ...... 783 West 61st Street, 3160 (Ward 15) — PPN 016-08-087 — lease — Maggie’s Farm, LLC (BOC Res. 207-13) ...... 782 West 63rd Street, 3478 (Ward 15) — PPN 016-15-139 — lease — NxGen Preserve (BOC Res. 208-13) ...... 783 Woodland Avenue, 1892 (Ward 9) — PPN 120-33-021 — John E. Allen and Rosetta Allen (BOC Res. 209-13) ...... 783

Board of Control — Concession Agreement

Valet parking service at Willard Parking Garage — Mental Health Reception on May 4 — All Star Valet Service per C.O. Sec. 183.04 (BOC Res. 200-13) ...... 781 Valet parking service at Willard Parking Garage — Rock & Roll Hall of Fame Annual Benefit on May 11 — NOW Valet Company per C.O. Sec. 183.04 (BOC Res. 201-13) ...... 781 807 58 The City Record May 8, 2013

Board of Control — Engineering and Construction Division

Woodland Avenue rehabilitation (East 53rd St. to East 86th St.) and Buckeye Road rehabilitation (Woodland Ave. to Ambler St.) — per Ord. 591-11, 733-12 to Terrace Construction Co., Inc. — Office of Capital Projects (BOC Res. 198-13) ...... 781

Board of Control — Finance Department

Sale of scrap, personal property, and by-products in March 2013 — per BOC Res. 921-52 (BOC Res. 195-13) ...... 780

Board of Control — Land Reutilization Program

Addison Road (Ward 7) — PPN 106-04-091 — Pearlie Jones (BOC Res. 213-13) ...... 784 Arlington Avenue, 12513 (Ward 10) — PPN 110-14-054 — Douglas Edward Samuel (BOC Res. 218-13) ...... 785 East 118th Street, 1463 (Ward 9) — PPN 120-10-077 — Clara A. Everett (BOC Res. 212-13)...... 784 East 147th Street, 4115 (Ward 1) — PPN 142-05-067 — Lula Mayfield (BOC Res. 215-13)...... 784 East 84th Street, 2428 (Ward 6) — PPN 126-03-052 — Vera Brewer (BOC Res. 210-13) ...... 783 Forest Grove Avenue, 12313 (Ward 9) — PPN 110-24-028 — Leora VanDyke (BOC Res. 219-13) ...... 785 Glenville Avenue, 10558 (Ward 8) — PPN 108-13-148 — Edward L. Leavy (BOC Res. 214-13) ...... 784 Rookwood Road, 17724 (Ward 10) — PPN 117-23-001 — Helen E. Minniefield (BOC Res. 216-13) ...... 785 Schaefer Avenue, 6527 (Ward 7) — PPN 105-25-092 — Jason Phillips (BOC Res. 217-13) ...... 785 Svec Avenue, 13821 (Ward 4) — PPN 137-19-117 — Jerry Eades and Rosa Eades (BOC Res. 211-13) ...... 783 West 61st Street, 3160 (Ward 15) — PPN 016-08-087 — lease — Maggie’s Farm, LLC (BOC Res. 207-13) ...... 782 West 63rd Street, 3478 (Ward 15) — PPN 016-15-139 — lease — NxGen Preserve (BOC Res. 208-13) ...... 783 Woodland Avenue, 1892 (Ward 9) — PPN 120-33-021 — John E. Allen and Rosetta Allen (BOC Res. 209-13) ...... 783

Board of Control — Motor Vehicle Maintenance Division

Lubricants — per C.O. Sec. 131.64 to Frank Blackmon — Dept. of Public Works (BOC Res. 204-13)...... 782 Lubricants — per C.O. Sec. 131.64 to Northeast Lubricants, Ltd. — Dept. of Public Works (BOC Res. 203-13) ...... 782

Board of Control — Professional Service Contracts

Inspection services (HOME/Uniform Relocation Act (URA) Program Property Standards, Decent, Safe and Sanitary Dwelling) — per Ord. 638-11 to Graddic Company — Division of Administrative Services, Dept. of Community Development (BOC Res. 206-13) ...... 782

Board of Control — Public Improvement Contracts

Estabrook Recreation Center parking lot improvements — per Ord. 534-12 to Nerone & Sons, Inc. — Division of Architecture and Site Development, Dept. of Public Works (BOC Res. 202-13) ...... 781 Estabrook Recreation Center roof improvements — per Ord. 533-12 to Industrial Energy Systems, Inc. — Division of Architecture and Site Development, Office of Capital Projects and Dept. of Public Works (BOC Res. 199-13)...... 781 Groton Park site improvements — per Ord. 607-10 to Nerone & Sons, Inc. — Division of Architecture and Site Development, Dept. of Public Works (BOC Res. 205-13) ...... 782 Water facilities rehabilitation (secondary sites — water towers, tanks) — per Ord. 810-08 to D & M Painting Corporation — Division of Water, Dept. of Public Utilities (BOC Res. 196-13) ...... 780 Woodland Avenue rehabilitation (East 53rd St. to East 86th St.) and Buckeye Road rehabilitation (Woodland Ave. to Ambler St.) — per Ord. 591-11, 733-12 to Terrace Construction Co., Inc. — Division of Engineering and Construction, Office of Capital Projects (BOC Res. 198-13)...... 781

Board of Control — Public Utilities Department

Sodium hypochlorite solution — per C.O. Sec. 129.24 to Bonded Chemicals, Inc. — Division of Water (BOC Res. 197-13) ...... 780 Water facilities rehabilitation (secondary sites — water towers, tanks) — per Ord. 810-08 to D & M Painting Corporation — Division of Water (BOC Res. 196-13) ...... 780

Board of Control — Public Works Department

Estabrook Recreation Center parking lot improvements — per Ord. 534-12 to Nerone & Sons, Inc. — Division of Architecture and Site Development (BOC Res. 202-13) ...... 781 Estabrook Recreation Center roof improvements — per Ord. 533-12 to Industrial Energy Systems, Inc. — Division of Architecture and Site Development, Office of Capital Projects (BOC Res. 199-13) ...... 781 Groton Park site improvements — per Ord. 607-10 to Nerone & Sons, Inc. — Division of Architecture and Site Development (BOC Res. 205-13)...... 782 808 May 8, 2013 The City Record 59

Lubricants — per C.O. Sec. 131.64 to Frank Blackmon — Division of Motor Vehicle Maintenance (BOC Res. 204-13) ...... 782 Lubricants — per C.O. Sec. 131.64 to Northeast Lubricants, Ltd. — Division of Motor Vehicle Maintenance (BOC Res. 203-13)...... 782 Valet parking service at Willard Parking Garage — Mental Health Reception on May 4 — All Star Valet Service per C.O. Sec. 183.04 (BOC Res. 200-13) ...... 781 Valet parking service at Willard Parking Garage — Rock & Roll Hall of Fame Annual Benefit on May 11 — NOW Valet Company per C.O. Sec. 183.04 (BOC Res. 201-13) ...... 781

Board of Control — Purchases and Supplies Division

Sale of scrap, personal property, and by-products in March 2013 — per BOC Res. 921-52 (BOC Res. 195-13) ...... 780

Board of Control — Requirement Contracts

Lubricants — per C.O. Sec. 131.64 to Frank Blackmon — Division of Motor Vehicle Maintenance, Dept. of Public Works (BOC Res. 204-13) ...... 782 Lubricants — per C.O. Sec. 131.64 to Northeast Lubricants, Ltd. — Division of Motor Vehicle Maintenance, Dept. of Public Works (BOC Res. 203-13)...... 782 Sodium hypochlorite solution — per C.O. Sec. 129.24 to Bonded Chemicals, Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 197-13) ...... 780

Board of Control — Water Division

Sodium hypochlorite solution — per C.O. Sec. 129.24 to Bonded Chemicals, Inc. — Dept. of Public Utilities (BOC Res. 197-13) ...... 780 Water facilities rehabilitation (secondary sites — water towers, tanks) — per Ord. 810-08 to D & M Painting Corporation — Dept. of Public Utilities (BOC Res. 196-13) ...... 780

Board of Control — Willard Park Garage

Valet parking service — Mental Health Reception on May 4 — All Star Valet Service per C.O. Sec. 183.04 (BOC Res. 200-13) ...... 781 Valet parking service — Rock & Roll Hall of Fame Annual Benefit on May 11 — NOW Valet Company per C.O. Sec. 183.04 (BOC Res. 201-13)...... 781

Board of Zoning Appeals — Report

Bessemer Avenue, 8200, (Ward 5) – Sidacko Bessemer I, LLC, owner — appeal granted and adopted on 5/6/13 (Cal. 13-55) ...... 787 Crawford Road, 1662, (Ward 7) – City of Cleveland, owner, and Jameel Rahkeera, prospective tenant — appeal dismissed on 5/6/13 (Cal. 13-61) ...... 787 Detroit Avenue, 8902, a.k.a. 1381 West 91st Street, (Ward 16) – Algart Realty Company, owner — appeal heard on 5/6/13 (Cal. 13-58) ...... 786 East 131st Street, 3682, (Ward 4) – Wilson Fisher, Jr., owner — appeal denied and adopted on 5/6/13 (Cal. 13-44) ...... 787 East 49th Street, 2277, (PPN 104-24-063), (Ward 5) – Farid Elabed and Fatima Lange, owners — appeal withdrawn on 5/6/13 (Cal. 12-234)...... 787 East 55th Street, 2256, (PPN 103-24-080), (Ward 5) – Elabed, LLC, owner — appeal withdrawn on 5/6/13 (Cal. 12-235) ...... 787 East 55th Street, 2256, (PPN 103-24-081), (Ward 5) – Elabed, LLC, owner — appeal withdrawn on 5/6/13 (Cal. 12-236) ...... 787 East 55th Street, 2276, (PPN 103-24-084), (Ward 5) – Fatima Lange, owner — appeal withdrawn on 5/6/13 (Cal. 12-237)...... 787 Eliot Avenue, 10515, (Ward 6) – Marcella Truett, owner — appeal heard on 5/6/13 (Cal. 13-59)...... 787 Literary Avenue, 806, (Ward 4) – Sandy Banks, LLC, owner — appeal granted and adopted on 5/6/13 (Cal. 13-47)...... 787 Rugby Road, 13406, (Ward 10) – Sharon Richardson, owner — appeal remanded to the City of Cleveland Parking Violations Bureau, Photo Safety and Waste Collection on 5/6/13 (Cal. 13-60)...... 787 Trucson Avenue, 6100, (Ward 12) – Truscon Realty, LLC, owner — appeal granted and adopted on 5/6/13 (Cal. 13-56) ...... 787 West 82nd Street, 3199, (Ward 16) – Fakhari Mhmoud, owner — appeal heard on 5/6/13 (Cal. 13-57)...... 787

Board of Zoning Appeals — Schedule

East 55th Street, 2280, (Ward 5) – Elabed, LLC, owner — appeal to be heard on 5/20/13 (Cal. 13-66)...... 786 Euclid Avenue, 11607, (Ward 9) – Maximum Independence Living, owner — appeal to be heard on 5/20/13 (Cal. 13-73) ...... 786 Herman Avenue, 5400, (Ward 15) – Argentina Rocco, owner — appeal to be heard on 5/20/13 (Cal. 13-67)...... 786 809 60 The City Record May 8, 2013

Kenilworth Avenue, 1002, (Ward 3) – John Meigs, owner — appeal to be heard on 5/20/13 (Cal. 13-63)...... 786 Sedalia Avenue, 17604, (Ward 19) – Khalil Rasheed, owner — appeal to be heard on 5/20/13 (Cal. 13-71)...... 786 West 14th Street, 2676, (Ward 3) – Walter Holtkamp, owner, and Sean Kelly and Andrea Thornton, prospective tenants — appeal to be heard on 5/20/13 (Cal. 13-62) ...... 786

Building And Housing Department

Contracts for Demolition using Court Settlements (O 670-13) ...... 766

Burke Lakefront Airport

Exercise option to renew Contract No. 69405 with Circadian Knight Corp. D/B/A Top Gun — Lease — Office Space (O 492-13) ...... 799 Exercise option to renew Contract No. PS 2011-60 with American Association of Airport Executives, Inc. — Learning and Development of Employees Services (O 493-13) ...... 799 Parking Lot 9 — Lease — USS COD (O 494-13) ...... 799

Capital Projects

Accept Issue 1 Grant for reconstruction of Lorain Ave. (From West 150th St. to West 117th St.) (O 648-13) ...... 755 Accept Issue 1 Grant for reconstruction of Martin Luther King Jr. Blvd., (From Buckingham To Cedar Ave.) (O 649-13) ...... 755 Amend Title & Sect(s) 3 and 7 of Ord. No. 663-10 — Lake Ave. and West 76th St. Pedestrian Tunnels (O 680-13) ...... 775 American Lung Association Annual Walk — permit — May 18th — American Lung Association (Ward 03) (O 706-13) ...... 776 Appoint Assessment Board for Clifton Blvd. (From West 115th to Lake Ave.) (Ward 18) (R 682-13) ...... 777 Broadway/Ackley/Union Intersection — consent — State Of Ohio (Ward 12) (O 596-13) ...... 804 Burten, Bell, Carr Development Corporation — East 55th St. & Scovill Ave. and East 39th St. & Community College Ave. — May 29th to June 29th — Ward 5 Family Festival — banners (O 631-13) ...... 805 Carnation Court N.E. — intention to vacate a portion — City Planning Commission (Ward 10) (R 251-13) ...... 788 East 66th Pl. — vacate a portion — City Planning Commission (Ward 07) (O 249-13) ...... 793 Escape On The Lake Run — permit — July 13th — Hermes Sports & Events, Inc. (Ward 11) (O 709-13) ...... 777 Gould Court N.W. — intention to vacate a portion — City Planning Commission (Ward 03) (R 370-13) ...... 788 Northeast Ohio Kidney Walk — permit — June 9th — National Kidney Foundation (Ward 03) (O 707-13)...... 776 Puritas Ave. (From SR 237 to West 130th St.) reconstruction — public improvement contract (Ward 18) (O 674-13) ...... 768 Rite Aid Cleveland Marathon, 2013 — permit — May 19th — Cleveland Marathon, Inc. (Ward(s) 03, 07, 08, 15, 16) (O 634-13) ...... 805 Roadways, Bus Pads, Sidewalks, Driveway Aprons, Curbs, Curb Ramps, Brick Streets — public improvement contracts (O 705-13)...... 774 Sell Property and Acquire Easement for 1885 West 25th St. to 1889 West 25th St. LTD., — Pedestrian Access (O 677-13) ...... 769 Sidewalks, Driveway Aprons, Curbs, Castings and Landscaping — West 105 St., West 106th St., West 114th St. and East 151 St. — Approve Report (O 490-13) ...... 779 Walk For Hunger, 25th Annual — permit — May 11th — Hunger Network Of Greater Cleveland (O 632-13) ...... 805 West 73rd Street extension to the West Shoreway — consent — State of Ohio (Ward 15) (O 570-13) ...... 802 Winking Lizard Shot In The Dark Walk/Run — permit — July 20th — Hermes Sports & Events, Inc. (Ward 03) (O 708-13) ...... 776

Case Western Reserve University

CWRU Partnership Program — Grant — Case Western Reserve University — Health Department (O 655-13)...... 759 Summer Sports, Nutrition, Health, And Life Skills Development Programs — National Youth Sports Program (O 359-13) ...... 796

City Council

Summer Meeting Schedule, 2013 (R 710-13) ...... 779 810 May 8, 2013 The City Record 61

City of Cleveland Bids

Catch basin debris disposal — Department of Public Utilities — Division of Water Pollution Control — per C.O. Sec. 129.29 — bid due May 31, 2013 (advertised 5/8/2013 and 5/15/2013) ...... 788 Diesel Fuel — Department of Public Works — Division of Motor Vehicle Maintenance — per C.O. Sec. 131.65 — bid due May 29, 2013 (advertised 5/8/2013 and 5/15/2013) ...... 788 High Voltage switching equipment — Department of Public Utilities — Division of Cleveland Public Power — per C.O. Sec. 129.26 — bid due June 5, 2013 (advertised 5/8/2013 and 5/15/2013)...... 788 Insurance for First Energy Stadium — Department of Public Works — per C.O. Sec. 181.101 — bid due May 22, 2013 (advertised 5/1/2013 and 5/8/2013) ...... 788 Test equipment, repair and training (Re-bid) — Department of Public Utilities — Division of Cleveland Public Power — per Ord. 1183-10 — bid due June 5, 2013 (advertised 5/8/2013 and 5/15/2013)...... 788 Utility pole testing and replacement (deteriorating copper naphthenate-treated) - Department of Public Utilities — Division of Cleveland Public Power — per C.O. Sec. 129.26 — bid due June 7, 2013 (advertised 5/8/2013 and 5/15/2013) ...... 788

City Planning Commission

Asiatown Cultural Center Planning Project — Promote Asian Community & Cultural Center — St. Clair Superior Development Corporation (Ward 08 NCF) (O 630-13) ...... 804 Carnation Court N.E. — intention to vacate a portion — Capital Projects (Ward 10) (R 251-13) ...... 788 Clark Ave. and W. 65th St. (Intersection) and Storer Ave. (Between W. 63rd St. & W. 67 Pl.) — Change Use Districts (Ward 15) (O 1559-12) ...... 787 Cleveland Masonic Temple — Euclid Ave., 3615-35 — PPN 103-07-005 / 006 — designate as landmark (Ward 08) (O 317-13) ...... 793 Craig Motor Company Bldg. — Euclid Ave., 3800-12 — PPN 103-08-011 — designate as landmark (Ward 08) (O 316-13) ...... 793 E. 156 St. and Calcutta Ave. — Establish Pedestrian Retail Overlay (PRO) District (Ward 11) (O 512-13)...... 787 East 66th Pl. — vacate a portion — Capital Projects (Ward 07) (O 249-13)...... 793 Fairlawn Ave. at W. 146th St. — Change Use District (Ward 18) (O 572-13) ...... 787 Fine Arts Bldg. — Euclid Ave., 3224-30 — PPN 103-06-006 / 023 — designate as landmark (Ward 08) (O 319-13) ...... 794 Fulton Rd. and Bailey Ave. (Southwest Corner) — Change Use And Height Districts (Ward 15) (O 133-13) ...... 790 Gould Court N.W. — intention to vacate a portion — Capital Projects Office (Ward 03) (R 370-13) ...... 788 Groh Mansion — Superior Ave., 3043 — PPN 102-18-038 — designate as landmark (Ward 08) (O 505-13) ...... 787 Hough Ave. (Between E. 55th St. & E. 75th St.) — Change Use, Area and Height Districts (Ward 07) (O 603-11) ...... 787 Jonell Centre — Superior Ave., 10518 — PPN 120-01-003 — designate as landmark (Ward 08) (O 196-13) ...... 792 Lorain Ave. (Between West Blvd. and W. 94th St.) — Change Use and Height Districts (Ward 16) (O 25-13) ...... 787 Morison Avenue Missionary Baptist Church — Morison Ave., 10606 — PPN 109-14-103 — designate as landmark (Ward 08) (O 197-13) ...... 792 Pershing Ave. and Interstate 77 — Change Use, Area and Height Districts (Ward 12) (O 320-13)...... 795 Spring Rd., 1805 — Change Use District — Urban Garden District (Ward 12) (O 825-10) ...... 787 Stockbridge Apartment Bldg. — Euclid Ave., 3328 — PPN 103-07-015 — designate as landmark (Ward 08) (O 506-13) ...... 787 Villa Angela-St. Joseph High School — Lake Shore Blvd., 18491 — PPN 114-13-001 — designate as landmark (Ward 11) (O 318-13) ...... 794

Civil Service Commission

Professional Services — Develop, Administer and Grade Examinations for Police and Fire Exams (O 672-13) ...... 767

Clerk of Council

Summer Meeting Schedule, 2013 (R 710-13) ...... 779

Cleveland Hopkins International Airport

Exercise option to renew Contract No. PS 2011-60 with American Association of Airport Executives, Inc. — Learning And Development of Employees Services (O 493-13) ...... 799 Signage, Airfield — professional services — Federal Aviation Administration (O 433-13) ...... 797

Cleveland Housing Network

Discount Affordability Program Administration — Utilities Department — Water Division (O 566-13) ...... 780 811 62 The City Record May 8, 2013

Cleveland Municipal Court

Amend Ord. No. 1449-11 & 1248-12 — Contract Agreement changes for The Veterans Court — Treatment Program (O 237-13) ...... 792

Cleveland Public Power

Chemicals, Hazardous Waste Products and Non — Hazardous and Recyclable Waste Materials — Analysis, Identification, Storage, Recycling, Disposal — Utilities Department (O 495-13) ...... 780

Codified Ordinances

Amend Section 413.031 — Red Light Cameras — Contract with Xerox State & Local Solutions, Inc., to install and maintain Automated Traffic Cameras (O 650-13) ...... 756 Amend Sections 195.02 and 195.03 — Exempt Small Live Entertainment Venues from Admission Tax (O 595-13) ...... 802 Amend Sections 447.01 and 447.06 — Route Map AND Operations Schedule for Carriages (O 481-13)...... 798

Communications

Michael Cox, Director Of Department of Parks, Recreation And Properties — Grant — Vivian Ruth Barnes-Major Family Foundation Fund — The Cleveland Foundation (F 697-13) ...... 753

Community Development

Amend Section 1 of Ord. No. 373-13 — Fine Arts Program — agreement — Broadway School Of Music And Arts (Ward(s) 12, 3 and 5 NEF) (O 681-13) ...... 776 Health And Human Services Community Fair — agreement — Mt. Pleasant Community Zone (Ward 2 NCF) (O 693-13)...... 776 HIV / AIDS Prevention Programs — various agencies — Community Development Department — Health Department (O 662-13) ...... 762 Home Weatherization Assistance Program, 2013 — Grants — Ohio Development Services Agency (ODSA) (O 667-13) ...... 765 Housing Rehabilitation, New Housing Construction And Commercial Redevelopment Programs — Cleveland Action To Support Housing (CASH) (O 658-13)...... 760 Low Interest Loan and Grant Program — Expend CDBG and Federal Home Funds — Contract with various agencies — Community Development Department — Grants (O 659-13)...... 761 Storefront Renovation And Commercial Revitalization Program — Rebate And Grant / Loan Agreements — Cleveland Action To Support Housing (CASH) (O 660-13) ...... 761

Community Development Block Grant Program

HIV / AIDS Prevention Programs — various agencies — Community Development Department — Health Department (O 662-13) ...... 762 Housing Rehabilitation, New Housing Construction and Commercial Redevelopment Programs — Cleveland Action To Support Housing (CASH) (O 658-13)...... 760 Low Interest Loan And Grant Program — Expend CDBG and Federal Home Funds — Contract with various agencies — Community Development Department — Grants (O 659-13) ...... 761 Storefront Renovation and Commercial Revitalization Program — Rebate and Grant / Loan Agreements — Cleveland Action To Support Housing (CASH) (O 660-13) ...... 761

Community Relations Board

Juvenile Community Diversion Program, 2013 — Grant — Cuyahoga County Juvenile Court (O 488-13) ...... 779

Condolences

Banks, Hurai Mcghee (R 714-13) ...... 753 Johnson, Annie B. (R 715-13) ...... 753 Johnson, Beatrice (Bea) (R 713-13)...... 753 Johnson, Sr., Ellis (R 723-13) ...... 753 Walker, Gilbert Ronald (R 712-13) ...... 753

Congratulations

Corporate College (A Division of Cuyahoga Community College) (R 720-13) ...... 753 Flowers, Sandra Lee (R 717-13) ...... 753 Mental Health Services — 25th Anniversary (R 721-13) ...... 753 Smith, Alma (R 719-13) ...... 753 Szabo, Fred (R 716-13) ...... 753 The O’JAYS — 50th Anniversary (R 718-13) ...... 753 Third Federal Savings And Loan — 75th Anniversary (R 722-13)...... 753 812 May 8, 2013 The City Record 63

Contracts

Accept Issue 1 Grant for reconstruction of Lorain Ave. (From West 150th St. to West 117th St.) — Capital Projects (O 648-13) ...... 755 Accept Issue 1 Grant for reconstruction of Martin Luther King Jr. Blvd. (From Buckingham to Cedar Ave.) — Capital Projects (O 649-13) ...... 755 Amend Ord. No. 1449-11 & 1248-12 — Contract Agreement changes for the Veterans Court — Treatment Program — Cleveland Municipal Court (O 237-13) ...... 792 Amend Section 1 of Ord. No. 817-12 — Exercise option to renew Contract No. PS 2010-255 with Inland Waters of Ohio — Aircraft Deicing Fluid Management Services (O 695-13) ...... 772 Amend Section 413.031 — Red Light Cameras — Xerox State & Local Solutions, Inc., to install and maintain Automated Traffic Cameras (O 650-13)...... 756 Amend Title & Section 1 of Ord. No. 956-11 — Roof and Roof System Repair and Replacement — various divisions (O 676-13) ...... 769 Bed Bug Assistance Program — professional service — Aging Department (O 673-13)...... 767 Broadway/Ackley/Union Intersection — consent — State Of Ohio — Capital Projects (Ward 12) (O 596-13) ...... 804 Building and Housing Department — For Demolition using Court Settlements (O 670-13) ...... 766 Chemicals, Hazardous Waste Products and Non — Hazardous and Recyclable Waste Materials — Analysis, Identification, Storage, Recycling, Disposal — Utilities Department (O 495-13) ...... 780 Cleveland Airport System Signage Program, Phase I, — public improvement — professional services — CHIA (O 363-13) ...... 796 Exercise option to renew Contract No. 69405 with Circadian Knight Corp. D/B/A Top Gun — Lease — Office Space (O 492-13) ...... 799 Exercise option to renew Contract No. PS 2011-140 with Evaluation Personnel Selection International, Inc. (O 691-13) ...... 771 Exercise option to renew Contract No. PS 2011-228 — Michael Benza & Associates, Inc. — Surveying Services (O 663-13) ...... 762 Exercise option to renew Contract No. PS 2011-232 — Associates, Inc. — Surveying Services (O 664-13) ...... 762 Exercise option to renew Contract No. PS 2011-268 with The Center For Families and Children (O 696-13) ...... 772 Exercise option to renew Contract No. PS 2011-60 with American Association of Airport Executives, Inc. — Learning And Development of Employees Services (O 493-13) ...... 799 Exercise option to renew Contract No. PS 2011-89 with Pureworks, Inc., dba Puresafety (O 689-13) ...... 771 Exercise option to renew Contract No. PS 2011-96 with Oshkosh Corporation (O 690-13) ...... 771 Fencing, Gate Operators, Gates, Barriers, Walls, Guardrails and associated appurtenances — various facilities — Utilities Department (O 567-13)...... 780 Greater Cleveland Media Development Corporation dba Greater Cleveland Film Commission — Assist In Operations (O 668-13) ...... 766 HIV / AIDS Prevention Programs — various agencies — Community Development Department — Health Department (O 662-13) ...... 762 Housing Rehabilitation, New Housing Construction and Commercial Redevelopment Programs — Cleveland Action To Support Housing (CASH) (O 658-13)...... 760 Port Control — professional services — Provide Construction Management and Administrative Services — various divisions (O 432-13)...... 797 Port Control — Shelley Company for pavement repairs — Runway 6L/24 R (O 703-13) ...... 774 Port Control — ARCONAS Corporation — Wire areas with USB Ports and Charging Outlets (O 702-13) ...... 773 Port Control — professional services — Safety Equipment and Support Services (O 700-13) ...... 773 Puritas Ave. (From SR 237 to West 130th St.) Reconstruction — public improvement — Capital Projects (Ward 18) (O 674-13) ...... 768 Roadways, Bus Pads, Sidewalks, Driveway Aprons, Curbs, Curb Ramps, Brick Streets — public improvement — Capital Projects (O 705-13) ...... 774 Safe and Sound PREA Project — Grant — Cuyahoga County — Safety Department (O 489-13) ...... 779 Summer Sports, Nutrition, Health, And Life Skills Development Programs — National Youth Sports Program — Case Western Reserve University (O 359-13) ...... 796 The Greater Cleveland Sports Commission — Grant Agreement — Economic Development (O 669-13) ...... 766 Utilities Department — test maintain, fuel & repair fueled backup electrical systems & back up computer system (O 675-13)...... 768 Utilities Department — professional services — public improvement — Security and Network Security Systems (O 692-13) ...... 771 West 73rd Street extension to the West Shoreway — consent — State of Ohio — Capital Projects (Ward 15) (O 570-13) ...... 802

Cuyahoga County

Adoption of The Countywide All Natural Hazards Mitigation Plan — Safety Department (R 679-13) ...... 775 Juvenile Community Diversion Program, 2013 — Grant — Cuyahoga County Juvenile Court — Community Relations (O 488-13) ...... 779 Safe and Sound PREA Project — Grant — Cuyahoga County — Safety Department (O 489-13) ...... 779 813 64 The City Record May 8, 2013

Easements

Forest Hills Park and Martin Luther King Jr. Park — Dugway West Interceptor Relief Sewer Project — NEORSD — Public Works (Ward 09) (O 666-13) ...... 763 Sell Property and Acquire easement for 1885 West 25th St. to 1889 West 25th St. LTD., — Pedestrian Access (O 677-13) ...... 769

Economic Development Department

Brookwood Capital Partners, Inc., — Enterprise Zone Agreement (O 491-13) ...... 798 Cleveland Industrial Retention Initiative (CIRI) Administrative Expense — Economic Development Assistance — Wire-Net (O 665-13) ...... 762 Flat East Development, LLC — Economic Development Assistance — HUD 108 Loan — Amend Section 4 of Ord. No. 1383-09 (O 651-13) ...... 758 Flats East Development, LLC — Core City — Amend Section 2 of Ord. No. 1892-05 (O 653-13) ...... 758 Flats East Development, LLC — Economic Development Assistance — Amend Section 2 of Ord. No. 1740-08 (VPI) (O 652-13) ...... 758 Flats Phase 1 Projects — TIF Amendment — Flats Phase II Projects (O 678-13) ...... 770 Greater Cleveland Media Development Corporation dba Greater Cleveland Film Commission — Assist In Operations (O 668-13) ...... 766 The Greater Cleveland Sports Commission — Grant Agreement (O 669-13) ...... 766

Enterprise Zone Agreement

Brookwood Capital Partners, Inc., — Economic Development Department (O 491-13) ...... 798

Finance Department

Amend Ord. No. 1449-11 & 1248-12 — Contract Agreement changes for The Veterans Court — Treatment Program — Cleveland Municipal Court (O 237-13) ...... 792

Flats District

Flat East Development LLC — Economic Development Assistance — HUD 108 Loan — Amend Section 4 of Ord. No. 1383-09 (O 651-13) ...... 758 Flats East Development LLC — Core City — Amend Section 2 of Ord. No. 1892-05 (O 653-13) ...... 758 Flats East Development, LLC — Economic Development Assistance — Amend Section 2 of Ord. No. 1740-08 (VPI) (O 652-13) ...... 758 Flats Phase 1 Projects — TIF Amendment — Flats Phase II Projects (O 678-13) ...... 770

Gifts

Accept funds from Cory Methodist Church to assist with boiler replacement at the church (O 647-13) ...... 754

Grants

Accept Issue 1 Grant for reconstruction of Lorain Ave. (From West 150th St. to West 117th St.) — Capital Projects (O 648-13) ...... 755 Accept Issue 1 Grant for reconstruction of Martin Luther King Jr. Blvd. (From Buckingham to Cedar Ave.) — Capital Projects (O 649-13) ...... 755 AIDS — Related Services — HOPWA Grant — various agencies — Health Department (O 661-13) ...... 761 Air Quality Division Operation — Financial Assistance — Air Quality Division — Health Department — Ohio Environmental Protection Agency (Ohio EPA) (O 654-13) ...... 758 Amend Ord. No. 1449-11 & 1248-12 — Contract agreement changes for The Veterans Court — Treatment Program — Cleveland Municipal Court (O 237-13) ...... 792 Cleveland Industrial Retention Initiative (CIRI) Administrative Expense — Economic Development Assistance — Wire-Net (O 665-13) ...... 762 CWRU Partnership Program — Case Western Reserve University — Health Department (O 655-13) ...... 759 Economic Security Project for Cleveland Seniors Program, 2013-14 — National Council On Aging — Aging Department (O 568-13) ...... 780 Greater Cleveland Media Development Corporation dba Greater Cleveland Film Commission — Assist In Operations (O 668-13) ...... 766 Home Weatherization Assistance Program, 2013 — Ohio Development Services Agency (ODSA) (O 667-13) ...... 765 Juvenile Community Diversion Program, 2013 — Cuyahoga County Juvenile Court — Community Relations (O 488-13) ...... 779 Michael Cox, Director Of Department Of Parks, Recreation And Properties — Vivian Ruth Barnes-Major Family Foundation Fund — The Cleveland Foundation (F 697-13) ...... 753 Public Health Emergency Preparedness Program — Cuyahoga County Board Of Health — Health Department (O 656-13) ...... 759 Safe and Sound PREA Project — Cuyahoga County — Safety Department (O 489-13) ...... 779 Safety Department — West 3rd St., 1350 — Lease Space — Family Justice Center (O 671-13) ...... 767 The Greater Cleveland Sports Commission — agreement — Economic Development (O 669-13) ...... 766 Title X Program — Ohio Department Of Health — Medicaid Program Payments — Health Department (O 657-13)...... 760 814 May 8, 2013 The City Record 65

Health Department

AIDS — Related Services — HOPWA Grant — various agencies — Grant (O 661-13)...... 761 Air Quality Division Operation — Financial Assistance — Air Quality Division — Ohio Environmental Protection Agency (Ohio EPA) (O 654-13) ...... 758 CWRU Partnership Program — Grant — Case Western Reserve University (O 655-13)...... 759 HIV / AIDS Prevention Programs — various agencies — Community Development Department (O 662-13) ...... 762 Mayor to execute a release of Deed Restrictions on Hoover Pavilion and Lease with Metro Health (O 535-13) ...... 801 Public Health Emergency Preparedness Program — Grant — Cuyahoga County Board Of Health (O 656-13) ...... 759 Title X Program — Grants- Ohio Department of Health — Medicaid Program Payments — Health Department (O 657-13) ...... 760

Housing and Urban Development (HUD)

Flat East Development LLC — Economic Development Assistance — HUD 108 Loan — Amend Section 4 of Ord. No. 1383-09 O 651-13)

Housing Court

Building and Housing Department — Contracts for Demolition using Court Settlements (O 670-13) ...... 766

Landmark Commission

Cleveland Masonic Temple — Euclid Ave., 3615-35 — PPN 103-07-005 / 006 — designate as landmark — City Planning Commission (Ward 08) (O 317-13) ...... 793 Craig Motor Company Bldg. — Euclid Ave., 3800-12 — PPN 103-08-011 — designate as landmark — City Planning Commission (Ward 08) (O 316-13)...... 793 Fine Arts Bldg. — Euclid Ave., 3224-30 — PPN 103-06-006 / 023 — designate as landmark — City Planning Commission (Ward 08) (O 319-13)...... 794 Groh Mansion — Superior Ave., 3043 — PPN 102-18-038 — designate as landmark — City Planning Commission (Ward 08) (O 505-13) ...... 787 Jonell Centre — Superior Ave., 10518 — PPN 120-01-003 — designate as landmark — City Planning Commission (Ward 08) (O 196-13) ...... 792 Morison Avenue Missionary Baptist Church — Morison Ave., 10606 — PPN 109-14-103 — designate as landmark — City Planning Commission (Ward 08) (O 197-13) ...... 792 Stockbridge Apartment Bldg. — Euclid Ave., 3328 — PPN 103-07-015 — designate as landmark — City Planning Commission (Ward 08) (O 506-13)...... 787 Villa Angela-St. Joseph High School — Lake Shore Blvd., 18491 — PPN 114-13-001 — designate as landmark — City Planning Commission (Ward 11) (O 318-13) ...... 794

Lease Agreement

Port Control — Parker Hannifin (O 704-13)...... 774 Sell Property on S. Marginal Rd., and Marquette St. to Brookwood Capital Partners, Inc. and Owens & Minor (O 496-13) ...... 800

Lease By Way Of Concession

Mayor to execute a release of Deed Restrictions on Hoover Pavilion and Lease with Metro Health (O 535-13) ...... 801

Leases

Exercise option to renew Contract No. 69405 with Circadian Knight Corp. D/B/A Top Gun — Office Space (O 492-13) ...... 799 Parking Lot 9 — USS COD — Burke Lakefront Airport Division (O 494-13) ...... 799 Port Control — Docks 28b, 30, and 32 — Cleveland Browns — Surface Parking and Staging Special Events (O 701-13)...... 773 Safety Department — West 3rd St., 1350 — Space — Family Justice Center (O 671-13) ...... 767

Liquor Permits

Broadway Ave., 7763-71 — withdraw objection to renewal — repeal Res. 1090-12 (Ward 12) (R 685-13) ...... 778 Clark Ave., 3226 — objection to issuance (Ward 14) (R 621-13)...... 789 Clark Ave., 5110 — objection to issuance (Ward 15) (R 683-13)...... 777 Corlett Ave., 12401 — objection to issuance (Ward 02) (R 633-13)...... 789 East 131St., 4127 — liquor agency contract (Ward 02) (R 694-13) ...... 779 East 71st St., 3924 — withdraw objection to renewal — repeal Res. 1081-12 (Ward 12) (R 684-13) ...... 778 Main Ave., 950 — transfer of license application (Ward 03) (F 699-13) ...... 753 Miles Ave., 13411 — withdraw objection to renewal — repeal Res. 1094-12 (Ward 01) (R 686-13) ...... 778 815 66 The City Record May 8, 2013

Rocky River Dr., 4142 — withdraw objection to transfer of ownership — repeal Res. 676-12 (Ward 19) (R 687-13) ...... 779 St. Clair Ave., 3400 — objection to transfer of liquor license (Ward 08) (R 622-13) ...... 789 West 10th St., 1121 — new application (Ward 03) (F 698-13) ...... 753

Loans

Flats East Development LLC — Core City — Amend Section 2 of Ord. No. 1892-05 (O 653-13) ...... 758 Flats East Development, LLC — Economic Development Assistance — Amend Section 2 of Ord. No. 1740-08 (VPI) (O 652-13) ...... 758

Mayor’s Office

Gender-Neutral Language In Laws (R 635-13) ...... 790 Mayor to execute a release of Deed Restrictions on Hoover Pavilion and Lease with Metro Health (O 535-13) ...... 801

Neighborhood Equity Funds

Amend Section 1 of Ord. No. 373-13 — Fine Arts Program — agreement — Broadway School of Music And Arts (Ward(s) 12, 3 and 5 NEF) (O 681-13) ...... 776

Northeast Ohio Regional Sewer District (NEORSD)

Forest Hills Park and Martin Luther King Jr. Park — easement — Dugway West Interceptor Relief Sewer Project — Public Works (Ward 09) (O 666-13) ...... 763

Ohio Department Of Transportation (ODOT)

Broadway/Ackley/Union Intersection — consent — State of Ohio — Capital Projects (Ward 12) (O 596-13) ...... 804 West 73rd Street extension to the West Shoreway — consent — State Of Ohio — Capital Projects (Ward 15) (O 570-13) ...... 802

Ohio Environmental Protection Agency (EPA)

Air Quality Division Operation — Financial Assistance — Air Quality Division — Health Department (O 654-13) ...... 758

Parks, Recreation and Properties Department

Concession Stand At Maplewood Park — name change — “Martin J. Sweeney Concession Stand” (O 711-13) ...... 777 Michael Cox, Director Of Department of Parks, Recreation And Properties — Grant — Vivian Ruth Barnes-Major Family Foundation Fund — The Cleveland Foundation (F 697-13) ...... 753

Permits

Amend Sections 447.01 and 447.06 — Route Map and Operations Schedule for Carriages (O 481-13)...... 798 American Lung Association Annual Walk — May 18th — American Lung Association (Ward 03) (O 706-13) ...... 776 Burten, Bell, Carr Development Corporation — East 55th St. & Scovill Ave. and East 39th St. & Community College Ave. — May 29th to June 29th — Ward 5 Family Festival — Banners — Capital Projects (O 631-13) ...... 805 Escape On The Lake Run — July 13th — Hermes Sports & Events, Inc. (Ward 11) (O 709-13) ...... 777 Northeast Ohio Kidney Walk — June 9th — National Kidney Foundation (Ward 03) (O 707-13)...... 776 Rite Aid Cleveland Marathon, 2013 — May 19th — Cleveland Marathon , Inc. (Ward(s) 03, 07, 08, 15, 16) (O 634-13) ...... 805 Walk For Hunger, 25th Annual — May 11th — Hunger Network of Greater Cleveland (O 632-13)...... 805 Winking Lizard Shot In The Dark Walk/Run — July 20th — Hermes Sports & Events, Inc. (Ward 03) (O 708-13) ...... 776

Police Division

Amend Sections 447.01 and 447.06 — Route Map and Operations Schedule for Carriages (O 481-13)...... 798

Port Control Department

Amend Section 1 of Ord. No. 817-12 — Exercise option to renew Contract No. Ps 2010-255 with Inland Waters of Ohio — Aircraft Deicing Fluid Management Services (O 695-13) ...... 772 Amend Title & Section 1 of Ord. No. 956-11 — Roof and Roof System repair and replacement — various divisions (O 676-13) ...... 769 Cleveland Airport System Signage Program, Phase I, — public improvement contract — professional services — CHIA (O 363-13) ...... 796 816 May 8, 2013 The City Record 67

Contract — Shelley Company for pavement repairs — Runway 6L/24 R (O 703-13) ...... 774 Contracts — ARCONAS Corporation — Wire areas with USB Ports and Charging Outlets (O 702-13) ...... 773 Exercise option to renew Contract No. 69405 with Circadian Knight Corp. D/B/A Top Gun — Lease — Office Space (O 492-13) ...... 799 Exercise option to renew Contract No. PS 2011-140 with Evaluation Personnel Selection International, Inc. (O 691-13) ...... 771 Exercise option to renew Contract No. PS 2011-228 — Michael Benza & Associates, Inc. — Surveying Services (O 663-13) ...... 762 Exercise option to renew Contract No. PS 2011-232 — Associates, Inc. — Surveying Services (O 664-13) ...... 762 Exercise option to renew Contract No. PS 2011-268 with The Center For Families And Children (O 696-13) ...... 772 Exercise Option To Renew Contract No. Ps 2011-60 With American Association Of Airport Executives, Inc. — Learning and Development of Employees Services (O 493-13) ...... 799 Exercise option to renew Contract No. PS 2011-89 with Pureworks, Inc., dba Puresafety (O 689-13) ...... 771 Exercise option to renew Contract No. PS 2011-96 with Oshkosh Corporation (O 690-13) ...... 771 Lease Agreement — Parker Hannifin (O 704-13) ...... 774 Lease Docks 28b, 30, and 32 — Cleveland Browns — Surface Parking and Staging Special Events (O 701-13) ...... 773 Parking Lot 9 — Lease — USS COD — Burke Lakefront Airport Division (O 494-13) ...... 799 Professional Services — contracts — Provide Construction Management AND Administrative Services — various divisions (O 432-13)...... 797 Professional Services — Safety Equipment and Support Services (O 700-13) ...... 773 Signage, Airfield — professional services — CHIA — Federal Aviation Administration (O 433-13) ...... 797

Professional Services

Accept Issue 1 Grant for reconstruction of Lorain Ave. (From West 150th St. to West 117th St.) — Capital Projects (O 648-13) ...... 755 Accept Issue 1 Grant for reconstruction of Martin Luther King Jr. Blvd. (From Buckingham to Cedar Ave.) — Capital Projects (O 649-13) ...... 755 Amend Section 1 of Ord. No. 817-12 — Exercise option to renew Contract No. PS 2010-255 with Inland Waters of Ohio — Aircraft Deicing Fluid Management Services (O 695-13) ...... 772 Bed Bug Assistance Program — contracts — Aging Department (O 673-13) ...... 767 Civil Service Commission — Develop, Administer and Grade Examinations for Police and Fire Exams (O 672-13) ...... 767 Cleveland Airport System Signage Program, Phase I, — public improvement contract — CHIA (O 363-13) ...... 796 Discount Affordability Program Administration — Utilities Department — Water Division (O 566-13) ...... 780 Exercise option to renew Contract No. PS 2011-140 with Evaluation Personnel Selection International, Inc. (O 691-13) ...... 771 Exercise option to renew Contract No. PS 2011-228 — Michael Benza & Associates, Inc. — Surveying Services (O 663-13) ...... 762 Exercise option to renew Contract No. PS 2011-232 — Associates, Inc. — Surveying Services (O 664-13) ...... 762 Exercise option to renew Contract No. PS 2011-268 with The Center For Families And Children (O 696-13) ...... 772 Exercise option to renew Contract No. PS 2011-60 with American Association of Airport Executives, Inc. — Learning And Development of Employees Services (O 493-13) ...... 799 Exercise option to renew Contract No. PS 2011-89 with Pureworks, Inc., dba Puresafety (O 689-13) ...... 771 Exercise option to renew Contract No. PS 2011-96 with Oshkosh Corporation (O 690-13) ...... 771 Port Control — contracts — Provide Construction Management and Administrative Services — various divisions (O 432-13) ...... 797 Port Control — Safety Equipment and Support Services (O 700-13) ...... 773 Signage, Airfield — CHIA — Federal Aviation Administration (O 433-13) ...... 797 Utilities Department — professional services — public improvement contracts — Security and Network Security Systems (O 692-13) ...... 771

Public Improvements

Accept Issue 1 Grant for reconstruction of Lorain Ave. (From West 150th St. to West 117th St.) — Capital Projects (O 648-13) ...... 755 Accept Issue 1 Grant for reconstruction of Martin Luther King Jr. Blvd. (From Buckingham to Cedar Ave.) — Capital Projects (O 649-13) ...... 755 Amend Title & Section 1 of Ord. No. 956-11 — Roof and Roof System Repair And Replacement — various divisions (O 676-13) ...... 769 Cleveland Airport System Signage Program, Phase I, — public improvement contract — professional services — CHIA (O 363-13) ...... 796 Puritas Ave. (From SR 237 to West 130th St.) Reconstruction — public improvement contract — Capital Projects (Ward 18) (O 674-13) ...... 768 817 68 The City Record May 8, 2013

Roadways, Bus Pads, Sidewalks, Driveway Aprons, Curbs, Curb Ramps, Brick Streets — public improvement contracts — Capital Projects (O 705-13) ...... 774 Sidewalks, Driveway Aprons, Curbs, Castings And Landscaping — West 105 St., West 106th St., West 114th St. And East 151 St. — Approve Report (O 490-13)...... 779 Utilities Department — professional services — public improvement contracts — Security And Network Security Systems (O 692-13)...... 771

Public Works

Accept funds from Cory Methodist Church to assist with boiler replacement at the church (O 647-13) ...... 754 Amend Sections 447.01 and 447.06 — Route Map and Operations Schedule for Carriages (O 481-13)...... 798 Forest Hills Park and Martin Luther King Jr. Park — EASEMENT — Dugway West Interceptor Relief Sewer Project — NEORSD (Ward 09) (O 666-13) ...... 763 Summer Sports, Nutrition, Health, And Life Skills Development Programs — National Youth Sports Program — Case Western Reserve University (O 359-13) ...... 796 Vehicles and apparatus, various types (O 646-13) ...... 754

Purchases and Supplies Division

Sell Property and acquire easement for 1885 West 25th St. to 1889 West 25th St. Ltd., — Pedestrian Access (O 677-13) ...... 769 Sell Property on S. Marginal Rd., and Marquette St., to Brookwood Capital Partners, Inc. and Owens & Minor (O 496-13) ...... 800

Races

American Lung Association Annual Walk — permit — May 18th — American Lung Association (Ward 03) (O 706-13) ...... 776 Escape On The Lake Run — permit — July 13th — Hermes Sports & Events, Inc. (Ward 11) (O 709-13) ...... 777 Northeast Ohio Kidney Walk — permit — June 9th — National Kidney Foundation (Ward 03) (O 707-13) ...... 776 Rite Aid Cleveland Marathon, 2013 — permit — May 19th — Cleveland Marathon, Inc. (Ward(s) 03, 07, 08, 15, 16) (O 634-13) ...... 805 Walk For Hunger, 25th Annual — permit — May 11th — Hunger Network of Greater Cleveland (O 632-13) ...... 805 Winking Lizard Shot In The Dark Walk/Run — permit — July 20th — Hermes Sports & Events, Inc. (Ward 03) (O 708-13) ...... 776

Resolution of Support

Adoption Of The Countywide All Natural Hazards Mitigation Plan — Safety Department (R 679-13) ...... 775 Gender-Neutral Language In Laws (R 635-13) ...... 790

Resolutions — Miscellaneous

Gender-Neutral Language In Laws (R 635-13) ...... 790

Safety Department

Adoption Of The Countywide All Natural Hazards Mitigation Plan (R 679-13) ...... 775 Amend Section 413.031 — Red Light Cameras — Contract with Xerox State & Local Solutions, Inc., to install and maintain Automated Traffic Cameras (O 650-13) ...... 756 Civil Service Commission — professional services — Develop, Administer and Grade Examinations for Police and Fire Exams (O 672-13)...... 767 Safe and Sound PREA Project — Grant — Cuyahoga County (O 489-13)...... 779 Vehicles and apparatus, various types (O 646-13) ...... 754 West 3rd St., 1350 — Lease Space — Family Justice Center (O 671-13)...... 767

Sewers

Forest Hills Park and Martin Luther King Jr. Park — easement — Dugway West Interceptor Relief Sewer Project — NEORSD — Public Works (Ward 09) (O 666-13) ...... 763

Sidewalks

Roadways, Bus Pads, Sidewalks, Driveway Aprons, Curbs, Curb Ramps, Brick Streets — public improvement contracts — Capital Projects (O 705-13) ...... 774

Sidewalks Division

Sidewalks, Driveway Aprons, Curbs, Castings and Landscaping — West 105 St., West 106th St., West 114th St. And East 151 St. — Approve Report (O 490-13)...... 779 818 May 8, 2013 The City Record 69

Stadium

Port Control — Lease Docks 28b, 30, and 32 — Cleveland Browns — Surface Parking and Staging Special Events (O 701-13)...... 773

State Of Ohio

Amend Title & Sect(s) 3 And 7 of Ord. No. 663-10 — Lake Ave. and West 76th St. Pedestrian Tunnels (O 680-13) ...... 775 Broadway/Ackley/Union Intersection — consent — State of Ohio — Capital Projects (Ward 12) (O 596-13) ...... 804 Mayor to execute a release of Deed Restrictions on Hoover Pavilion and Lease with Metro Health (O 535-13) ...... 801 West 73rd Street extension to the West Shoreway — consent — State Of Ohio — Capital Projects (Ward 15) (O 570-13) ...... 802

Street Vacation

Carnation Court N.E. — intention to vacate a portion — Capital Projects — City Planning Commission (Ward 10) (R 251-13)...... 788 East 66th Pl. — vacate a portion — Capital Projects — City Planning Commission (Ward 07) (O 249-13) ...... 793 Gould Court N.W. — intention to vacate a portion — Capital Projects Office — City Planning Commission (Ward 03) (R 370-13)...... 788

Tax Abatement

Brookwood Capital Partners, Inc., — Enterprise Zone Agreement — Economic Development Department (O 491-13)...... 798

Taxes

Amend Sections 195.02 and 195.03 — Exempt Small Live Entertainment Venues from Admission Tax (O 595-13) ...... 802

Utilities Department

Chemicals, Hazardous Waste Products and Non — Hazardous and Recyclable Waste Materials — Analysis, Identification, Storage, Recycling, Disposal (O 495-13) ...... 780 Discount Affordability Program Administration — Water Division (O 566-13) ...... 780 Fencing, Gate Operators, Gates, Barriers, Walls, Guardrails and associated appurtenances — contracts — various facilities (O 567-13) ...... 780 Professional Services — public improvement contracts — Security And Network Security Systems (O 692-13) ...... 771 Sell Property on S. Marginal Rd., and Marquette St. to Brookwood Capital Partners, Inc. and Owens & Minor (O 496-13) ...... 800 Test Maintain, Fuel & Repair Fueled Backup Electrical Systems & Back Up Computer System (O 675-13) ...... 768

Vehicles

Vehicles and apparatus, various types (O 646-13) ...... 754

Ward 01

Johnson, Beatrice (Bea) — Condolence (R 713-13) ...... 753 Miles Ave., 13411 — withdraw objection to renewal — repeal Res. 1094-12 (Ward 01) (R 686-13) ...... 778 Sidewalks, Driveway Aprons, Curbs, Castings And Landscaping — West 105 St., West 106th St., West 114th St. And East 151 St. — Approve Report (O 490-13)...... 779 Szabo, Fred — Congratulations (R 716-13) ...... 753 Walker, Gilbert Ronald — Condolence (R 712-13) ...... 753

Ward 02

Banks, Hurai Mcghee — Condolence (R 714-13) ...... 753 Corlett Ave., 12401 — objection to issuance — liquor permit (Ward 02) (R 633-13) ...... 789 East 131st., 4127 — liquor agency contract — liquor permit (Ward 02) (R 694-13) ...... 779 Health And Human Services Community Fair — agreement — Mt. Pleasant Community Zone (Ward 2 NCF) (O 693-13)...... 776 Szabo, Fred — Congratulations (R 716-13) ...... 753

Ward 03

Amend Section 1 of Ord. No. 373-13 — Fine Arts Program — agreement — Broadway School Of Music And Arts (Ward(S) 12, 3 And 5 NEF) (O 681-13) ...... 776 819 70 The City Record May 8, 2013

American Lung Association Annual Walk — permit — May 18th — American Lung Association (Ward 03) (O 706-13) ...... 776 Flat East Development LLC — Economic Development Assistance — HUD 108 Loan — Amend Section 4 of Ord. No. 1383-09 (O 651-13) ...... 758 Flats East Development LLC — Core City — Amend Section 2 of Ord. No. 1892-05 (O 653-13) ...... 758 Flats East Development, LLC — Economic Development Assistance — Amend Section 2 of Ord. No. 1740-08 (VPI) (O 652-13) ...... 758 Gould Court N.W. — intention to vacate a portion — Capital Projects Office — City Planning Commission (Ward 03) (R 370-13)...... 788 Main Ave., 950 — transfer of license application — liquor permit (Ward 03) (F 699-13) ...... 753 Mental Health Services — 25th Anniversary — Congratulations (R 721-13)...... 753 Northeast Ohio Kidney Walk — permit — June 9th — National Kidney Foundation (Ward 03) (O 707-13)...... 776 Rite Aid Cleveland Marathon, 2013 — permit — May 19th — Cleveland Marathon, Inc. (Ward(s) 03, 07, 08, 15, 16) (O 634-13) ...... 805 Sell Property and acquire easement for 1885 West 25th St. to 1889 West 25th St. Ltd., — Pedestrian Access (O 677-13) ...... 769 Szabo, Fred — Congratulations (R 716-13) ...... 753 Walk For Hunger, 25th Annual — permit — May 11th — Hunger Network Of Greater Cleveland (O 632-13) ...... 805 West 10th St., 1121 — new application — liquor permit (Ward 03) (F 698-13) ...... 753 Winking Lizard Shot In The Dark Walk/Run — permit — July 20th — Hermes Sports & Events, Inc. (Ward 03) (O 708-13) ...... 776

Ward 04

Flowers, Sandra Lee — Congratulations (R 717-13) ...... 753 Szabo, Fred — Congratulations (R 716-13) ...... 753

Ward 05

Burten, Bell, Carr Development Corporation — East 55th St. & Scovill Ave. and East 39th St. & Community College Ave. — May 29th to June 29th — Ward 5 Family Festival — banners — Capital Projects (O 631-13) ...... 805 Amend Section 1 of Ord. No. 373-13 — Fine Arts Program — Agreement — Broadway School Of Music And Arts (Ward(s) 12, 3 And 5 NEF) (O 681-13) ...... 776 Szabo, Fred — Congratulations (R 716-13) ...... 753

Ward 06

Accept Issue 1 Grant for reconstruction Of Martin Luther King Jr. Blvd. (From Buckingham to Cedar Ave.) — Capital Projects (O 649-13) ...... 755 Smith, Alma — Congratulations (R 719-13) ...... 753 Szabo, Fred — Congratulations (R 716-13) ...... 753 The O’JAYS — 50th Anniversary — Congratulations (R 718-13) ...... 753

Ward 07

East 66th Pl. — vacate a portion — Capital Projects — City Planning Commission (O 249-13)...... 793 Hough Ave. (Between E. 55th St. & E. 75th St.) — Change Use, Area and Height Districts — City Planning Commission (O 603-11) ...... 787 Johnson, Annie B. — Condolence (R 715-13) ...... 753 Rite Aid Cleveland Marathon, 2013 — permit — May 19th — Cleveland Marathon, Inc. (Ward(s) 03, 07, 08, 15, 16) (O 634-13) ...... 805 Szabo, Fred — Congratulations (R 716-13) ...... 753

Ward 08

Asiatown Cultural Center Planning Project — Promote Asian Community & Cultural Center — City Planning Commission — St. Clair Superior Development Corporation (Ward 08 NCF) (O 630-13) ...... 804 Cleveland Masonic Temple — Euclid Ave., 3615-35 — PPN 103-07-005 / 006 — designate as landmark — City Planning Commission (O 317-13) ...... 793 Craig Motor Company Bldg. — Euclid Ave., 3800-12 — PPN 103-08-011 — designate as landmark — City Planning Commission (O 316-13) ...... 793 Fine Arts Bldg. — Euclid Ave., 3224-30 — PPN 103-06-006 / 023 — designate as landmark — City Planning Commission (O 319-13) ...... 794 Groh Mansion — Superior Ave., 3043 — PPN 102-18-038 — designate as landmark — City Planning Commission (O 505-13)...... 787 Jonell Centre — Superior Ave., 10518 — PPN 120-01-003 — designate as landmark — City Planning Commission (O 196-13)...... 792 Morison Avenue Missionary Baptist Church — Morison Ave., 10606 — PPN 109-14-103 — designate as landmark — City Planning Commission (O 197-13) ...... 792 Rite Aid Cleveland Marathon, 2013 — Permit — May 19th — Cleveland Marathon, Inc. (Ward(s) 03, 07, 08, 15, 16) (O 634-13) ...... 805 St. Clair Ave., 3400 — objection to transfer of liquor license — liquor permit (R 622-13) ...... 789 820 May 8, 2013 The City Record 71

Stockbridge Apartment Bldg. — Euclid Ave., 3328 — PPN 103-07-015 — designate as landmark — City Planning Commission (O 506-13) ...... 787 Szabo, Fred — Congratulations (R 716-13) ...... 753

Ward 09

Accept Issue 1 Grant for reconstruction of Martin Luther King Jr. Blvd. (From Buckingham to Cedar Ave.) — Capital Projects (O 649-13) ...... 755 Gender-Neutral Language In Laws (R 635-13) ...... 790 Szabo, Fred — Congratulations (R 716-13) ...... 753 The O’JAYS — 50th Anniversary — Congratulations (R 718-13) ...... 753

Ward 10

Carnation Court N.E. — intention to vacate a portion — Capital Projects — City Planning Commission (R 251-13) ...... 788 Szabo, Fred — Congratulations (R 716-13) ...... 753

Ward 11

E. 156 St. and Calcutta Ave. — Establish Pedestrian Retail Overlay (PRO) District — City Planning Commission (O 512-13)...... 787 Johnson, Sr., Ellis — Condolence (R 723-13) ...... 753 Szabo, Fred — Congratulations (R 716-13) ...... 753 Villa Angela-St. Joseph High School — Lake Shore Blvd., 18491 — PPN 114-13-001 — designate as landmark — City Planning Commission (Ward 11) (O 318-13) ...... 794 Escape On The Lake Run — permit — July 13th — Hermes Sports & Events, Inc. (O 709-13) ...... 777

Ward 12

Amend Section 1 of Ord. No. 373-13 — Fine Arts Program — agreement — Broadway School Of Music and Arts (Ward(S) 12, 3 And 5 NEF) (O 681-13) ...... 776 Broadway Ave., 7763-71 — withdraw objection to renewal — repeal Res. 1090-12 — liquor permit (R 685-13) ...... 778 Broadway/Ackley/Union Intersection — consent — State Of Ohio — Capital Projects (O 596-13) ...... 804 East 71st St., 3924 — withdraw objection to renewal — repeal Res. 1081-12 — liquor permit (R 684-13) ...... 778 Pershing Ave. and Interstate 77 — Change Use, Area and Height Districts — City Planning Commission (O 320-13)...... 795 Spring Rd., 1805 — Change Use District — Urban Garden District — City Planning Commission (O 825-10) ...... 787 Szabo, Fred — Congratulations (R 716-13) ...... 753 Third Federal Savings And Loan — 75th Anniversary — Congratulations (R 722-13) ...... 753

Ward 13

Szabo, Fred — Congratulations (R 716-13) ...... 753

Ward 14

Clark Ave., 3226 — objection to issuance — liquor permit (R 621-13) ...... 789 Szabo, Fred — Congratulations (R 716-13) ...... 753

Ward 15

Amend Title & Sect(s) 3 and 7 of Ord. No. 663-10 — Lake Ave. and West 76th St. Pedestrian Tunnels (O 680-13) ...... 775 Clark Ave. and W. 65th St. (Intersection) and Storer Ave. (Between W. 63rd St. & W. 67 Pl.) — Change Use Districts — City Planning Commission (O 1559-12) ...... 787 Clark Ave., 5110 — objection to issuance — liquor permit (R 683-13) ...... 777 Fulton Rd. and Bailey Ave. (Southwest corner) — Change Use and Height Districts — City Planning Commission (O 133-13)...... 790 Rite Aid Cleveland Marathon, 2013 — permit — May 19th — Cleveland Marathon, Inc. (Ward(s) 03, 07, 08, 15, 16) (O 634-13) ...... 805 Szabo, Fred — Congratulations (R 716-13) ...... 753 West 73rd Street extension to the West Shoreway — consent — State Of Ohio — Capital Projects (O 570-13) ...... 802

Ward 16

Lorain Ave. (Between West Blvd. and W. 94th St.) — Change Use and Height Districts — City Planning Commission (O 25-13)...... 787 Rite Aid Cleveland Marathon, 2013 — permit — May 19th — Cleveland Marathon, Inc. (Ward(s) 03, 07, 08, 15, 16) (O 634-13) ...... 805 821 72 The City Record May 8, 2013

Sidewalks, Driveway Aprons, Curbs, Castings And Landscaping — West 105 St., West 106th St., West 114th St. and East 151 St. — Approve Report (O 490-13) ...... 779 Szabo, Fred — Congratulations (R 716-13) ...... 753

Ward 17

Accept Issue 1 Grant for reconstruction of Lorain Ave. (From West 150th St. To West 117th St.) — Capital Projects (O 648-13)...... 755 Szabo, Fred — Congratulations (R 716-13) ...... 753

Ward 18

Accept Issue 1 Grant for reconstruction of Lorain Ave. (From West 150th St. to West 117th St.) — Capital Projects (O 648-13)...... 755 Corporate College (A Division of Cuyahoga Community College) — Congratulations (R 720-13) ...... 753 Fairlawn Ave. at W. 146th St. — Change Use District — City Planning Commission (O 572-13)...... 787 Puritas Ave. (From SR 237 to West 130th St.) Reconstruction — public improvement contract — Capital Projects (O 674-13) ...... 768 Szabo, Fred — Congratulations (R 716-13) ...... 753

Ward 19

Concession Stand at Maplewood Park — name change — “Martin J. Sweeney Concession Stand” (O 711-13) ...... 777 Rocky River Dr., 4142 — withdraw objection to transfer of ownership — repeal Res. 676-12 — liquor permit (Ward 19) (R 687-13)...... 779 Szabo, Fred — Congratulations (R 716-13) ...... 753

Water Division

Chemicals, Hazardous Waste Products and Non — Hazardous and Recyclable Waste Materials — Analysis, Identification, Storage, Recycling, Disposal — Utilities Department (O 495-13) ...... 780 Discount Affordability Program Administration — Utilities Department (O 566-13) ...... 780

Water Pollution Control Division

Chemicals, Hazardous Waste Products and Non — Hazardous and Recyclable Waste Materials — Analysis, Identification, Storage, Recycling, Disposal — Utilities Department (O 495-13) ...... 780

Weatherization Program

Home Weatherization Assistance Program, 2013 — Grants — Ohio Development Services Agency (ODSA) (O 667-13) ...... 765

Zoning

Clark Ave. and W. 65th St. (Intersection) and Storer Ave. (Between W. 63rd St. & W. 67 Pl.) — Change Use Districts — City Planning Commission (Ward 15) (O 1559-12)...... 787 E. 156 St. and Calcutta Ave. — Establish Pedestrian Retail Overlay (PRO) District — City Planning Commission (Ward 11) (O 512-13) ...... 787 Fairlawn Ave. at W. 146th St. — Change Use District — City Planning Commission (Ward 18) (O 572-13) ...... 787 Fulton Rd. and Bailey Ave. (Southwest corner) — Change Use and Height Districts — City Planning Commission (Ward 15) (O 133-13) ...... 790 Hough Ave. (Between E. 55th St. & E. 75th St.) — Change Use, Area and Height Districts — City Planning Commission (Ward 07) (O 603-11)...... 787 Lorain Ave. (Between West Blvd. and W. 94th St.) — Change Use and Height Districts — City Planning Commission (Ward 16) (O 25-13) ...... 787 Pershing Ave. and Interstate 77 — Change Use, Area and Height Districts — City Planning Commission (Ward 12) (O 320-13) ...... 795 Spring Rd., 1805 — Change Use District — Urban Garden District — City Planning Commission (Ward 12) (O 825-10) ...... 787

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