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

June the First, Two Thousand and Eleven

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

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

Printed on Recycled Paper DIRECTORY OF CITY OFFICIALS CITY COUNCIL – LEGISLATIVE DEPT. OF PUBLIC SAFETY – Martin Flask, Director, Room 230 President of Council – Martin J. Sweeney DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th Street Ward Name Residence Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd. 1 Terrell H. Pruitt 3877 East 189th Street 44122 Emergency Medical Service – Edward Eckart, Commissioner, 1708 South Pointe Drive 2 Zachary Reed 3734 East 149th Street 44120 Fire – Paul A. Stubbs, Chief, 1645 Superior Avenue 3 Joe Cimperman P.O. Box 91688 44101 Police – Michael C. McGrath, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street 4 Kenneth L. Johnson 2948 Hampton Road 44120 DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director 5 Phyllis E. Cleveland 2369 East 36th Street 44105 DIVISIONS: 6 Mamie J. Mitchell 12701 Shaker Boulevard, #712 44120 Administrative Services – Terrence Ross, Commissioner 7 TJ Dow 7715 Decker Avenue 44103 Fair Housing and Consumer Affairs Office – ______, Manager 8 Jeffrey D. Johnson 9024 Parkgate Avenue 44108 Neighborhood Development – ______, Commissioner 9 Kevin Conwell 10647 Ashbury Avenue 44106 Neighborhood Services – Louise V. Jackson, Commissioner 10 Eugene R. Miller 13615 Kelso Avenue 44110 DEPT. OF BUILDING AND HOUSING – Edward W. Rybka, Director, Room 500 11 Michael D. Polensek 17855 Brian Avenue 44119 DIVISIONS: 12 Anthony Brancatelli 6924 Ottawa Road 44105 Code Enforcement – Tyrone L. Johnson, Commissioner 13 Kevin J. Kelley 5904 Parkridge Avenue 44144 Construction Permitting – Timothy R. Wolosz, Commissioner 14 Brian J. Cummins 3104 Mapledale Avenue 44109 DEPT. OF HUMAN RESOURCES – Deborah Southerington, Director, Room 121 15 Matthew Zone 1228 West 69th Street 44102 16 Jay Westbrook 1278 West 103rd Street 44102 DEPT. OF ECONOMIC DEVELOPMENT – Tracey A. Nichols, Director, Room 210 17 Dona Brady 1272 44102 DEPT. OF AGING – Jane Fumich, Director, Room 122 18 Martin J. Sweeney 3632 West 133rd Street 44111 COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director, Mayor Frank 19 Martin J. Keane 15907 Colletta Lane 44111 G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice-Chairman, Council City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840 Member Brian Cummins, Council Member Eugene R. Miller, Jeff Marks, (Board Lawyer), First Assistant Clerk — Sandra Franklin Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, Yasir Hamdallah, Evangeline MAYOR – Frank G. Jackson Hardaway, John O. Horton, Annie Key, Stephanie Morrison-Hrbek, Roland Muhammad, Ken Silliman, Secretary to the Mayor, Chief of Staff Gia Hoa Ryan, Ted C. Wammes, Peter Whitt. Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer CIVIL SERVICE COMMISSION – Room 119, Robert Bennett, President; Michael L. Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Nelson, Sr., Vice-President; Lucille Ambroz, Secretary; Members: Pastor Gregory Jordan, Chris Warren, Executive Assistant to the Mayor, Chief of Regional Development Michael Flickinger. Monyka S. Price, Executive Assistant to the Mayor, Chief of Education SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Martin Maureen Harper, Executive Assistant to the Mayor, Chief of Communications J. Sweeney; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director. Andrea V. Taylor, Executive Assistant to the Mayor, Press Secretary BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; John Andrew Watterson, Executive Assistant to the Mayor, Chief of Sustainability Myers, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, Jan Huber, Secretary. Natoya J. Walker Minor, Chief of Public Affairs — Interim Director of Equal Opportunity. BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F. OFFICE OF CAPITAL PROJECTS – Jomarie Wasik, Director Denk, Chairman; ______, Arthur Saunders, Alternate Members – D. Cox, P. DIVISIONS: Frank, E. P. O’Brien, Richard Pace, J.S. Sullivan. Architecture and Site Development – Robert Vilkas, Chief Architect, Manager BOARD OF REVISION OF ASSESSMENTS – Law Director Robert J. Triozzi, President; Engineering and Construction — ______, Manager Finance Director Sharon Dumas, Secretary; Council President Martin J. Sweeney. Real Estate — ______, Commissioner BOARD OF SIDEWALK APPEALS – Service Director Jomarie Wasik, Law Director DEPT. OF LAW – Robert J. Triozzi, Director, Barbara A. Langhenry, Chief Counsel, Robert J. Triozzi; Council Member Eugene R. Miller. Richard F. Horvath, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel, BOARD OF REVIEW – (Municipal Income Tax) – Law Director Robert J. Triozzi; Utilities Room 106: Michael Ruffing, Law Librarian, Room 100 Director Barry A. Withers; Council President Martin J. Sweeney. DEPT. OF FINANCE – Sharon Dumas, Director, Room 104; CITY PLANNING COMMISSION – Room 501 – Robert N. Brown, Director; Anthony J. Frank Badalamenti, Manager, Internal Audit Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean DIVISIONS: Pinkney, Norman Krumholz, Council Member Phyllis E. Cleveland. Accounts – Richard W. Sensenbrenner, Commissioner, Room 19 FAIR HOUSING BOARD – Charles See, Chair; Lisa Camacho, Daniel Conway, Robert L. Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 Render, Genesis O. Brown. City Treasury – ______, Treasurer, Room 115 HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie Financial Reporting and Control – James Gentile, Controller, Room 18 Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair David Perkowski, Joan Shaver Washington, Keith Sutton. Avenue Purchases and Supplies – James E. Hardy, Commissioner, Room 128 CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chair man; Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue Clint Martin, Mark Rivera. Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue MORAL CLAIMS COMMISSION – Law Director Robert J. Triozzi; Chairman; Finance DEPT. OF PUBLIC UTILITIES – Barry A. Withers, Director, 1201 Lakeside Avenue Director Sharon Dumas; Council President Martin J. Sweeney; Councilman Kevin DIVISIONS: Kelley. Cleveland Public Power – Ivan Henderson, Commissioner POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, Vermel Street Lighting Bureau – ______, Acting Chief Whalen, Nancy Cronin, Elvin Vauss. Utilities Fiscal Control – Dennis Nichols, Commissioner CLEVELAND LANDMARKS COMMISSION – Room 519 – Jennifer Coleman, Chair; Water – ______, Commissioner Laura M. Bala, Council Member Anthony Brancatelli, Robert N. Brown, Thomas Coffey, Water Pollution Control – Ollie Shaw, Commissioner Allan Dreyer, William Mason, Michael Rastatter, Jr., John Torres, N. Kurt Wiebusch, Robert DEPT. OF PORT CONTROL – Ricky D. Smith, Director, Cleveland Hopkins Keiser, Secretary. International Airport, 5300 Riverside Drive AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane DIVISIONS: Down ing, Donna Sciarappa, Council President Martin J. Sweeney; Law Director Robert Burke Lakefront Airport – Khalid Bahhur, Commissioner J. Triozzi. Cleveland Hopkins International Airport – Fred Szabo, Commissioner CLEVELAND MUNICIPAL COURT DEPT. OF PUBLIC WORKS – Michael Cox, Director JUSTICE CENTER – 1200 ONTARIO STREET OFFICES: Administration – John Laird, Manager JUDGE COURTROOM ASSIGNMENTS Special Events and Marketing – Tangee Johnson, Manager Judge Courtroom Presiding and Administrative Judge Ronald B. Adrine – Courtroom 15A DIVISIONS: Judge Marilyn B. Cassidy – Courtroom 12B Motor Vehicle Maintenance – Daniel A. Novak, Commissioner Judge Michelle Denise Earley – Courtroom 12C Park Maintenance and Properties – Richard L. Silva, Commissioner Judge Emanuella Groves – Courtroom 14B Parking Facilities – Leigh Stevens, Commissioner Judge Anita Laster Mays – Courtroom 14C Property Management – Tom Nagle, Commissioner Judge Lynn McLaughlin-Murray – Courtroom 12A Recreation – Kim Johnson, Commissioner Judge Lauren C. Moore – Courtroom 14A Streets – ______, Commissioner Judge Charles L. Patton, Jr. – Courtroom 13D Traffic Engineering – Robert Mavec, Commissioner Judge Raymond L. Pianka (Housing Court Judge) – Courtroom 13B Waste Collection and Disposal – Ron Owens, Commissioner Judge Michael John Ryan – Courtroom 13A DEPT. OF PUBLIC HEALTH – Karen Butler, Interim Director, Mural Building, 75 Judge Angela R. Stokes – Courtroom 15C Erieview Plaza Judge Pauline H. Tarver – Courtroom 13C DIVISIONS: Judge Joseph J. Zone – Courtroom 14D Air Quality – Richard L. Nemeth, Commissioner Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Paul J. Environment – Willie Bess, Commissioner, Mural Building, 75 Erieview Plaza Mizerak – Bailiff; Jerome M. Krakowski – Chief Probation Officer, Gregory F. Clifford – Chief Health – Karen K. Butler, Commissioner, Mural Building, 75 Erieview Plaza Magistrate, Victor Perez – City Prosecutor The City Record

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 98 WEDNESDAY, JUNE 1, 2011 No. 5086 CITY COUNCIL MONDAY, MAY 30, 2011

The City Record 1:30 P.M. — City Planning Com- agement information system Published weekly by the City Clerk, mittee: Cleveland, Chair; Westbrook, (“FMIS”) for the Department of Clerk of Council under authority Vice Chair; Brady, Conwell, Dow, Finance; and of the Charter of the Keane, Zone. Whereas, division (d) of Section City of Cleveland 181.102 C.O. authorizes a director to The following Committees are enter into an agreement with a soft- The City Record is available subject to the Call of the Chair: online at ware vendor for professional ser- www.clevelandcitycouncil.org Rules Committee: Sweeney, Chair; vices necessary to implement or Address all communications to Cleveland, Keane, Polensek, Pruitt. maintain the software vendor’s prod- uct(s), including but not limited to PATRICIA J. BRITT Personnel and Operations Commit- maintenance, repair, upgrades, City Clerk, Clerk of Council tee: Westbrook, Chair; Conwell, K. enhancements and technical support; 216 City Hall Johnson, Kelley, Mitchell, Sweeney, and Zone. Whereas, under the authority of PERMANENT SCHEDULE Mayor’s Appointment Committee: Section 181.102 C.O., the City intends STANDING COMMITTEES Dow, Chair; Cleveland, Kelley, Mil- to enter into an agreement with CGI OF THE COUNCIL ler, Sweeney. to obtain the professional mainte- 2010-2013 nance and technical support services necessary to implement and main- MONDAY — Alternating OFFICIAL PROCEEDINGS tain the FMIS for a one-year period effective upon termination of the 9:30 A.M. — Public Parks, Proper- CITY COUNCIL warranty period provided under Con- ties, and Recreation Committee: K. ______tract No. 68408, with four options in Johnson, Chair; Conwell, Vice Chair; the City, exercisable by the Director Brancatelli, Cimperman, Dow, Polen- NO MEETING of Finance, to renew the agreement sek, Reed. for additional consecutive one-year 9:30 A.M. — Health and Human terms; now, therefore, Services Committee: Cimperman, THE CALENDAR Be it resolved by the Board of Chair; J. Johnson, Vice Chair; Con- Control of the City of Cleveland that well, Keane, Kelley, Reed, Zone. The following measures will be on under the authority of Section 11:00 A.M. — Public Service Com- their final passage at the next meet- 181.102 C.O., the compensation to be mittee: Miller, Chair; Cummins, Vice ing: paid for maintenance and technical Chair; Cleveland, Dow, K. Johnson, NONE support services to be performed Keane, Polensek, Pruitt, Sweeney. 11:00 A.M. — Legislation Commit- under the agreement with CGI Tech- tee: Mitchell, Chair; K. Johnson, nologies and Solutions, Inc., shall not exceed $297,847.00 and, for any Vice Chair; Brancatelli, Cimperman, BOARD OF CONTROL Cleveland, Reed, Sweeney. renewal term, the compensation shall escalate to the amount of the MONDAY compensation for the immediately May 25, 2011 preceding term increased by 3%. 2:00 P.M. — Finance Committee: Yeas: Acting Director Langhenry, Swee ney, Chair; Kelley, Vice Chair; The regular meeting of the Board Directors Dumas, Withers, Acting Brady, Brancatelli, Cleveland, Keane, of Control convened in the Mayor’s Director Dangerfield, Directors Cox, Miller, Mitchell, Polensek, Pruitt, office on Wednesday, May 25, 2011, Butler, Flask, Rush, Southerington, Westbrook. at 10:56 a.m. with Acting Director Nichols, Fumich and Rybka. Langhenry presiding. TUESDAY Nays: None. Present: Acting Director Langhen- Absent: Mayor Jackson. 9:30 A.M. — Community and Eco- ry, Directors Dumas, Withers, Act- nomic Development Committee: Bran - ing Director Dangerfield, Directors Resolution No. 228-11. catelli, Chair; Dow, Vice Chair; Cim- Cox, Butler, Flask, Rush, Souther- By Director Dumas. ington, Nichols, Fumich and Rybka. perman, Cummins, J. Johnson, Miller, Whereas, Section 127.09 of the Absent: Mayor Jackson. Pruitt, Westbrook, Zone. Codified Ordinances of Cleveland, Others: Deborah Midgett, Acting 1:30 P.M. — Employment, Affir- 1976, authorizes the Director of Commissioner, Purchases and Sup- mative Action and Training Com- Finance, after inquiry and investi- mittee: Pruitt, Chair; Miller, Vice plies. Natoya Walker-Minor, Interim gation, to employ by contract with Chair; Cummins, J. Johnson, K. the person or firm determined by Johnson, Mitchell, Westbrook. Director, Office of Equal Opportuni- ty. the Board of Control to be the best WEDNESDAY — Alternating On motions, the following resolu- qualified to render such service to tions were adopted, except as may the City such expert accounting ser- 10:00 A.M. — Aviation and Trans- be otherwise noted: vices as may be required under the portation Committee: Keane, Chair; bond indentures financing municipal Pruitt, Vice Chair; Cummins, J. John- Resolution No. 227-11. utilities; and son, K. Johnson, Kelley, Mitchell. By Director Dumas. Whereas, the Cleveland Public 10:00 A.M. — Public Safety Com- Whereas, under the authority of Power bond indenture requires an mittee: Conwell, Chair; Polensek, Ordinance No. 1878-07, passed opinion of an independent consul- Vice Chair; Brady, Cleveland, Cum- November 26, 2007, and Board of tant before CPP may enter into a mins, Dow, Miller, Mitchell, Zone. Control Resolution No. 384-08, adopt- contract with American Municipal Power (AMP) to participate in WEDNESDAY — Alternating ed August 6, 2008, the City of Cleve- land, through the Director of AMP’s Fremont Energy Center 1:30 P.M. — Public Utilities Com- Finance, entered into an agreement power plant project; and mittee: Kelley, Chair; Brady, Vice with CGI Technologies and Solu- Whereas, the Director of Finance Chair; Conwell, Cummins, Dow, Mil - tions, Inc. (“CGI”) City Contract No. has recommended the employment ler, Polensek, Pruitt, Westbrook. 68408, to acquire a financial man- of Black & Veatch Corporation to 911 4 The City Record June 1, 2011 issue the certificate required under Earthcom Inc. under the authority of Section the CPP bond indenture on the basis 181.101 of the Codified Ordinances of of its proposal dated May 16, 2011; Be it further resolved, that the Cleveland, Ohio, 1976, which on the now, therefore, Director of Finance is authorized to basis of the estimated quantity Be it resolved by the Board of execute all documents and to do all would amount to $108,736.45, is Control of the City of Cleveland that things necessary to effect the first affirmed and approved as the low- under the authority of Section 127.09 amendment to Contract No. est and best bid, and the Director of of the Codified Ordinances of Cleve- ST2010*004 authorized above. Finance is requested to enter into a land, Ohio, 1976, Black & Veatch Yeas: Acting Director Langhenry, requirement contract for the goods Corporation is determined by this Directors Dumas, Withers, Acting and/or services, which contract Board to be the best qualified to pro- Director Dangerfield, Directors Cox, shall provide for an initial order, the vide the certificate of the indepen- Butler, Flask, Rush, Southerington, cost of which shall be certified to dent consultant required under the Nichols, Fumich and Rybka. the contract in an amount not less Cleveland Public Power bond inden- Nays: None. than $5,436.82. ture to permit CPP to participate in Absent: Mayor Jackson. The requirement contract shall the American Municipal Power Fre- further provide that the Contractor mont Energy Center project, and the Resolution No. 230-11. shall furnish the remainder of the Director of Finance is requested to By Director Dumas. City’s requirements for the goods enter into contract with Black & Resolved, by the Board of Control and/or services, whether more or Veatch Corporation for such ser- of the City of Cleveland that the bid less than the estimated quantity, as vices, on the basis of its proposal of The Sherwin Williams Company, may be ordered under delivery dated May 16, 2011, in an amount not Inc., for an estimated quantity of orders, separately certified to the to exceed $48,000.00. paint and paint supplies, for Group contract. Yeas: Acting Director Langhenry, I, Items 1-83, for various divisions of Yeas: Acting Director Langhenry, Directors Dumas, Withers, Acting City government, for a period of two Directors Dumas, Withers, Acting Director Dangerfield, Directors Cox, years beginning with the date of Director Dangerfield, Directors Cox, Butler, Flask, Rush, Southerington, execution of the contract, received Butler, Flask, Rush, Southerington, Nichols, Fumich and Rybka. on March 23, 2011, under the author- Nichols, Fumich and Rybka. Nays: None. ity of Section 181.101 of the Codified Nays: None. Absent: Mayor Jackson. Ordinances of Cleveland, Ohio, 1976, Absent: Mayor Jackson. which on the basis of the estimated Resolution No. 229-11. quantity would amount to Resolution No. 233-11. By Director Dumas. $214,892.00, is affirmed and approved By Director Withers. Whereas, under the authority of as the lowest and best bid, and the Whereas, under Ordinance No. Ordinance No. 1709-09, passed by the Director of Finance is requested to 1656-08, passed by the Cleveland Council of the City of Cleveland on enter into a requirement contract for City Council on December 8, 2008, November 30, 2009, the City, through the goods and/or services, which and Board of Control Resolution No. its Director of Finance, entered into contract shall provide for an initial 163-09, adopted May 13, 2009, the City Contract No. ST2010*004 with Sprint order, the cost of which shall be cer- through the Director of Public Util- Solutions Inc. (“Engineer”) to pro- tified to the contract in an amount ities entered into Contract No. 69215 vide the City’s requirements for cel- not less than $10,744.60. with Middough Inc. for professional The requirement contract shall electrical engineering and planning lular devices, monthly cellular ser- further provide that the Contractor services on an as-needed basis, for vices, wireless connectivity and shall furnish the remainder of the a period of two years, for the Divi- equipment including wireless cards, City’s requirements for the goods sion of Cleveland Public Power, installation of customer premise and/or services, whether more or Department of Public Utilities, and equipment, paging equipment, less than the estimated quantity, as approved Polytech, Inc., among oth- including maintenance, and train- may be ordered under delivery ers, as a sub-consultant; and ing; and orders, separately certified to the Whereas, Polytech, Inc. has Whereas, Ordinance No. 1412-10, contract. informed the City, by its memo passed November 8, 2010, amended Yeas: Acting Director Langhenry, dated March 29, 2011, that it is no Ordinance No. 1709 -09 by including Directors Dumas, Withers, Acting longer in business; and among the items to be purchased Director Dangerfield, Directors Cox, Whereas, Middough Inc. has pro- under the authorized requirement Butler, Flask, Rush, Southerington, posed by its April 7, 2011 memo, to contract, the installation on City- Nichols, Fumich and Rybka. employ R. Engineering Team, LLC owned property of equipment asso- Nays: None. as a sub-consultant under Contract ciated with the devices set forth in Absent: Mayor Jackson. No. 69215 to complete the services to the ordinance; and have been performed by Polytech, Whereas, the City desires to Resolution No. 231-11. Inc. under the contract; now, there- obtain under Contract No. By Director Dumas. fore, ST2010*004 signal-boosting equip- Resolved, by the Board of Control Be it resolved by the Board of ment associated with the cellular of the City of Cleveland, that all Control of the City of Cleveland that devices purchased, additional engi- bids received on March 23, 2011 for the employment of R. Engineering neering design services, and instal- an estimated quantity of paint and Team, LLC as a sub-consultant by lation of the equipment at certain paint supplies, for Group II Items Middough Inc. under City Contract City facilities; and 1-94, for various divisions of City No. 69215 is approved. Whereas, Engineer has proposed government, under the authority of Yeas: Acting Director Langhenry, by its January 20, 2011 agreement to Section 181.101 of the Codified Ordi- Directors Dumas, Withers, Acting provide the above- mentioned equip- nances of Cleveland, Ohio, 1976, are Director Dangerfield, Directors Cox, ment and to perform the necessary rejected. Butler, Flask, Rush, Southerington, additional engineering design ser- Yeas: Acting Director Langhenry, Nichols, Fumich and Rybka. vices for and installation of the Directors Dumas, Withers, Acting Nays: None. equipment at no cost to the City; Director Dangerfield, Directors Cox, Absent: Mayor Jackson. now, therefore; Butler, Flask, Rush, Southerington, Be it resolved by the Board of Nichols, Fumich and Rybka. Resolution No. 234-11. Control of the City of Cleveland, Nays: None. By Director Withers. that the Director of Finance is Absent: Mayor Jackson. Be it resolved by the Board of authorized to enter into a first Control of the City of Cleveland amendment to City Contract No. Resolution No. 232-11. that, under the authority of Charter ST2010*004 with Sprint Solutions, By Director Dumas. Section 112 and Section 523.21 of the Inc. on the basis of Sprint’s January Resolved, by the Board of Control Codified Ordinances of Cleveland, 20, 2011 agreement, for the above- of the City of Cleveland that the bid Ohio, 1976 (“C.O.”), Resolution No. mentioned signal-boosting equip- of Winnelson, Inc., for an 140-95, adopted February 27, 1995, as ment, additional necessary engi- estimated quantity of various amended by Resolution No. 152-95, neering design services, and instal- plumbing and plumbing supplies, all adopted March 1, 1995, Resolution lation of the equipment at designat- items, for various divisions of City No. 79-00, adopted February 16, 2000, ed City facilities at no cost to the government, for a period of two Resolution No. 669-05, adopted City. years beginning with the date of November 30, 2005, and Resolution Be it further resolved, that the fol- execution of the contract, with an No. 308-08, adopted July 2, 2008, fix- lowing sub-contractor to Engineer is option to renew for one additional ing rates, rules, and regulations approved: year, received on March 30, 2011, relating to the operation of the Divi- 912 June 1, 2011 The City Record 5 sion of Cleveland Public Power, City’s requirement for the goods Resolution No. 238-11. Department of Public Utilities, for and/or services, whether more or By Director Withers. electric service, is amended by less than the estimated quantity, as Be it resolved, by the Board of adding a new subsection (e) to the may be ordered under delivery Control of the City of Cleveland that Energy Adjustment Charge, which orders separately certified to the all bids received on April 20, 2011 fixes certain rates, rules, and regu- contract. for landscape maintenance at vari- lations relating to electric service, Yeas: Acting Director Langhenry, ous public utilities facilities, for the subject to the approval of the Coun- Directors Dumas, Withers, Acting Divisions of Water and Water Pol- cil of the City of Cleveland, as fol- Director Dangerfield, Directors Cox, lution Control, Department of Public lows: Butler, Flask, Rush, Southerington, Utilities, under the authority of (e) The following charges may be Nichols, Fumich and Rybka. Ordinance No. 1599-10, passed Decem- included in the charges calculated Nays: None. ber 6, 2010, are rejected. under divisions (c)(1) and (c)(2) Absent: Mayor Jackson. Yeas: Acting Director Langhenry, for customers receiving electric ser- Directors Dumas, Withers, Acting vice under Chapter 523 of the Codi- Resolution No. 236-11. Director Dangerfield, Directors Cox, fied Ordinances, excluding lighting By Director Withers. Butler, Flask, Rush, Southerington, and traffic signal accounts, to fund Be it resolved by the Board of Nichols, Fumich and Rybka. an Energy Efficiency and Conser- Control of the City of Cleveland that Nays: None. vation program. A customer who the bid of Warner Diesel Filtration Absent: Mayor Jackson. receives service under Section for an estimated quantity of labor 523.195 shall be charged the amount and materials for maintenance of Resolution No. 239-11. that would be charged if such cus- uninterruptible power supply sys- By Director Smith. tomer received service under the tems, backup generators, compo- Whereas, under the authority of applicable standard rate schedule. nents, appurtenances, specialized Section 571.85 of the Codified Ordi- batteries, fuel testing, fuel condi- nances of Cleveland, Ohio, 1976, the Residential $0.000579 per kWh tioning and recycling, Group 6-all Director of Port Control is autho- items, for the various Divisions of rized to fix fees for parking aircraft Small Commercial and the Department of Public Utilities, on City-owned and operated ramp Large Commercial for a period of two years starting areas at Cleveland Hopkins Inter- $0.001250 per kWh upon the later of the execution of a national Airport and Burke Lake- contract or the day following expi- front Airport in the amounts as the Industrial, Large Industrial, ration of the currently effective con- Director deems appropriate, and as and Optional Large tract for the goods or services, approved by the Board of Control; Industrial $0.001096 per kWh received on March 24, 2011 under the now, therefore, authority of Ordinance No. 1600-10, Be it resolved by the Board of Be it further resolved that all passed December 6, 2010, which on Control of the City of Cleveland, other provisions of Resolution No. the basis of the estimated quantity that under the authority of Section 140-95, adopted February 27, 1995, as would amount to $10,750.00 (0%, 10 571.85 of the Codified Ordinances of amended by Resolution No. 152-95, Cleveland, Ohio 1976, the following adopted March 1, 1995, Resolution Days), is affirmed and approved as the lowest and best bid, and the fees fixed by the Director of Port No. 79-00, adopted February 16, 2000, Control for parking aircraft at non - Resolution No. 669-05, adopted Director of Public Utilities is requested to enter into a require- leased, City-owned and operated November 30, 2005, and Resolution ramp areas adjacent to the terminal ment contract for the goods and/or No. 308-08, adopted July 2, 2008 not building at Cleveland Hopkins Inter- services, which contract shall pro- expressly amended by this resolu- national Airport are set and vide for an initial order, the cost of tion shall remain unchanged and in approved: full force and effect. which shall be certified to the con- tract in an amount not less than Yeas: Acting Director Langhenry, Public Aircraft: No Charge Directors Dumas, Withers, Acting $537.50. Director Dangerfield, Directors Cox, The requirement contract shall Private Aircraft, Butler, Flask, Rush, Southerington, further provide that the Contractor Commercial Aircraft, Nichols, Fumich and Rybka. shall furnish the remainder of the Corporate Aircraft, Nays: None. City’s requirement for the goods Scheduled Air Carrier Absent: Mayor Jackson. and/or services, whether more or Aircraft, and Private less than the estimated quantity, as Aircraft transporting Resolution No. 235-11. may be ordered under delivery persons for business By Director Withers. orders separately certified to the purposes: $100.00 Be it resolved by the Board of contract. Control of the City of Cleveland that Yeas: Acting Director Langhenry, Be it further resolved by the the bid of W. W. Williams Midwest, Directors Dumas, Withers, Acting Board of Control of the City of Inc. for an estimated quantity of Director Dangerfield, Directors Cox, Cleveland, that under the authority labor and materials for maintenance Butler, Flask, Rush, Southerington, of Section 139.051 of the Codified of uninterruptible power supply sys- Nichols, Fumich and Rybka. Ordinances of Cleveland, Ohio, 1976, tems, backup generators, compo- Nays: None. the following landing fees at Burke nents, appurtenances, specialized Absent: Mayor Jackson. Lakefront Airport, as fixed by the batteries, fuel testing, fuel condi- Commissioner of Burke Lakefront tioning and recycling, Group 5-all Resolution No. 237-11. Airport, are approved: items, for the various Divisions of By Director Withers. the Department of Public Utilities, Be it resolved, by the Board of Public Aircraft: No Charge for a period of two years starting Control of the City of Cleveland that upon the later of the execution of a all bids received on March 24, 2011 Private Aircraft, contract or the day following expi- for an estimated quantity of labor Commercial Aircraft, ration of the currently effective con- and materials for maintenance of Corporate Aircraft, tract for the goods or services, uninterruptible power supply sys- Scheduled Air Carrier received on March 24, 2011 under the tems, backup generators, compo- Aircraft, and Private authority of Ordinance No. 1600-10, nents, appurtenances, specialized Aircraft transporting passed December 6, 2010, which on batteries, fuel testing, fuel condi- persons for business the basis of the estimated quantity tioning and recycling, Group 1, all purposes would amount to $210,707.34 (2%, 15 items and Group 4, all items, for the Days), is affirmed and approved as Divisions of Water, Cleveland Pub- Single Engine Aircraft the lowest and best bid, and the lic Power and Water Pollution Con- and Helicopters: $5.00 Director of Public Utilities is trol, Department of Public Utilities, requested to enter into a require- under the authority of Ordinance No. Multi-Engine Aircraft by Gross ment contract for the goods and/or 1600-10, passed December 6, 2010, are Weight as follows: services, which contract shall pro- rejected. vide for an initial order, the cost of Yeas: Acting Director Langhenry, 0–5,000 lbs. Up to $7.00 which shall be certified to the con- Directors Dumas, Withers, Acting 5,001–10,000 lbs. Up to $10.00 tract in an amount not less than Director Dangerfield, Directors Cox, 10,001–12,500 lbs. Up to $12.00 $10,535.37. Butler, Flask, Rush, Southerington, 12,501–97,999 lbs. Up to $1.50 The requirement contract shall Nichols, Fumich and Rybka. per 1,000 lbs. gross wt. further provide that the Contractor Nays: None. 98,000 lbs. and over Up to $2.00 shall furnish the remainder of the Absent: Mayor Jackson. per 1,000 lbs. gross wt. 913 6 The City Record June 1, 2011

Be it further resolved that under shall be in force and effect for a Bag-Makeup Terminal Rental the authority of Section 571.85 of the period not to exceed one year from Rate (50% factor) $97.90 Codified Ordinances of Cleveland, March 1, 2011 to February 29, 2012. Baggage Roadway Terminal Ohio, 1976, the following fees fixed Yeas: Acting Director Langhenry, Rental Rate (30%) factor) $58.74 by the Director of Port Control for Directors Dumas, Withers, Acting parking aircraft on City-owned and Director Dangerfield, Directors Cox, Airline Constructed Concourse Rental operated ramp areas at Burke Lake- Butler, Flask, Rush, Southerington, Rates front Airport are set and approved: Nichols, Fumich and Rybka. Nays: None. Premium Terminal Rental DAILY PARKING/TIE-DOWN Absent: Mayor Jackson. Rate (per square foot) $199.27 FEES ON DESIGNATED CITY RAMPS Standard Terminal Rental Resolution No. 240-11. Rate (75% factor) $149.45 Public Aircraft and By Director Smith. Bag-Makeup Terminal Rental Mercy Flights No Charge Be it resolved by the Board of Rate (50% factor) $99.63 Control of the City of Cleveland that Baggage Roadway Terminal Private Aircraft, pursuant to Article 8 of the Agree- Rental Rate (30%) factor) $59.78 Commercial Aircraft, ment and Lease between the City of Corporate Aircraft, Cleveland and the Original Sched- Yeas: Acting Director Langhenry, Scheduled Air Carrier uled Airlines and the Additional Directors Dumas, Withers, Acting Aircraft, and Private Scheduled Airlines, the 2011 Annual Director Dangerfield, Directors Cox, Aircraft transporting Budget and calculation of the Butler, Flask, Rush, Southerington, persons for business Rentals and Landing Fee Rates are Nichols, Fumich and Rybka. purposes: adopted effective January 1, 2011, as Nays: None. follows: Absent: Mayor Jackson. For periods from 0-2 hours: No Charge Landing Fee Rates: Resolution No. 241-11. By Director Wasik. For periods from 2–24 hours, and Not to exceed Whereas, under the authority of for each additional 24 hour period, Ordinance No. 1629-06, passed by the or portion thereof as follows: Signatory Landing Fee December 11, (per 1,000 lbs.) $5.50 2006, and Resolution No. 387-08, Single-Engine Aircraft Non-Signatory Scheduled adopted by the Board of Control on and Helicopters: $5.00 Category A (per 1,000 lbs.) $6.88 August 6, 2008, the City, through its Non-Signatory Scheduled Director of Public Service, entered Multi-Engine Aircraft Weight as Category B (per 1,000 lbs.) $8.25 into Contract No. 68816 with Wilbur follows: Smith Associates, Inc. (“Engineer”) Airline Rental Rates: for professional engineering con- 0–10,000 lbs. $5.00 sulting services necessary for the 10,000 lbs.–12,500 lbs. $10.00 Not to exceed design of CUY-VOINOVICH Park 12,501 lbs.–and over $1.00 per 1,000 Pedestrian Bridge (the “Project”); lbs. gross wt. Main Terminal Area and Whereas, the City desires to MONTHLY PARKING/TIE-DOWN Premium Terminal Rental obtain additional engineering ser- FEES ON DESIGNATED CITY RAMPS Rate (per square foot) $450.04 vices to complete the final drawings Standard Terminal Rental and specifications of a double bas- Single-Engine Rate (75% factor) $337.53 cule moveable bridge; and and Helicopters $50.00 Bag-Makeup Terminal Rental Whereas, Engineer has proposed Rate (50% factor) $225.02 by its March 30, 2011, letter to per- Multi-Engine Aircraft by Weight Baggage Roadway Terminal form the above -mentioned additional as follows: Rental Rate (30%) factor) $135.01 services, for an amount not to exceed $1,020,300.00; now, therefore, 0–10,000 lbs. $50.00 10,001 lbs. and over $100.00 Concourse A Rental Rates Be it resolved by the Board of Control of the City of Cleveland that Be it further resolved for the pur- Premium Terminal Rental the Director of the Office of Capital pose of this Resolution, the follow- Rate (per square foot) $273.86 Projects is authorized to enter into ing definitions shall apply: Standard Terminal Rental a first modification to Contract No. “Commercial Aircraft” shall mean Rate (75% factor) $205.40 68816 with Wilbur Smith Associates, an aircraft carrying persons or prop- Bag-Makeup Terminal Rental Inc. based on its proposal dated erty for compensation or hire. Rate (50% factor) $136.93 March 30, 2011, for additional engi- “Corporate Aircraft” shall mean a Baggage Roadway Terminal neering services necessary to com- company owned aircraft transport- Rental Rate (30%) factor) $82.16 plete the final drawings and speci- ing persons or property for business fications of a double bascule move- purposes. Concourse B Rental Rates able bridge, for an additional “Gross Weight” shall mean the amount not exceeding $1,020,300.00, maximum allowable certified gross Premium Terminal Rental thereby increasing the total com- landing weight. Rate (per square foot) $270.79 pensation under the contract to “Mercy Flight” shall mean an air Standard Terminal Rental $1,386,970.00. medical transport flight that is oper- Rate (75% factor) $203.09 Be it further resolved that the ated by a non- profit or a for-profit Bag-Makeup Terminal Rental employment of the following sub- provider of air medical transport Rate (50% factor) $135.40 consultants for the services to be where the flight is provided at no Baggage Roadway Terminal performed under the above-men- cost. Rental Rate (30%) factor) $81.24 tioned first amendment is approved: “Private Aircraft” shall mean an aircraft that is not a Commercial Concourse C Rental Rates Rosales + Partners, Inc. (DBE) Aircraft, Corporate Aircraft, Public $96,951.00 (9.50%) Aircraft, or Scheduled Air Carrier Premium Terminal Rental Aircraft. Rate (per square foot) $224.44 Schlaich Bergermann & Partner “Public Aircraft” shall mean an Standard Terminal Rental $420,067.00 (41.18%) aircraft used in the service of a gov- Rate (75% factor) $168.33 ernment entity at the local, state or Bag-Makeup Terminal Rental BBC & M Engineering Inc. federal level. Rate (50% factor) $112.22 $48,971.00 (4.80%) “Scheduled Air Carrier” shall Baggage Roadway Terminal mean an airline that submits sched- Rental Rate (30%) factor) $67.33 So-Deep US, P.C. $7,296.00 (0.72%) ules in advance and reports land- ings on a monthly basis to the Concourse D Rental Rates Transystems Corporation of Ohio Department of Port Control. $79,758.00 (7.82%) Be it further resolved that Reso- Premium Terminal Rental lution No. 194-10, adopted May 19, Rate (per square foot) $195.80 Wacker Ingenieure, Wind 2010, is rescinded effective March 1, Standard Terminal Rental Engineering Consultants 2011, and that the charges and fees Rate (75% factor) $146.85 $104,000.00 (10.20%) 914 June 1, 2011 The City Record 7

Yeas: Acting Director Langhenry, Automated Waste Collection and Director of Public Works is request- Directors Dumas, Withers, Acting Curbside Receptacles-Recycling Pro- ed to enter into a requirement con- Director Dangerfield, Directors Cox, gram is amended by substituting tract for such commodities, which Butler, Flask, Rush, Southerington, the following items and contract contract shall provide for an initial Nichols, Fumich and Rybka. amount for the items recommended order, the cost of which shall be cer- Nays: None. for contract and amount in the res- tified to the contract in an amount Absent: Mayor Jackson. olution, where appearing: Items 1-A, not less than $59,000.00. Option 2, 1-B, Option 2, 3a-1-3, 3b-1&2, The requirement contract shall Resolution No. 242-11. which on the basis of the estimated further provide that the Contractor By Director Flask. quantity would amount to will furnish the remainder of the Whereas, under the authority of $2,156,826.50. requirements for such commodities Ordinance No. 610-09, passed by the Be it further resolved that all whether more or less than the esti- Cleveland City Council on June 1, other provisions of Resolution No. mated quantity, as may be ordered 2009, the City of Cleveland, through 152-11 not expressly amended above under delivery orders separately cer- the Director of Public Safety entered shall remain unchanged and in full tified against the contract. into an agreement with Intergraph force and effect. Yeas: Acting Director Langhenry, Corporation, City Contract No. Yeas: Acting Director Langhenry, Directors Dumas, Withers, Acting 2010000000051, for a period of one Directors Dumas, Withers, Acting Director Dangerfield, Directors Cox, year, for software, equipment soft- Director Dangerfield, Directors Cox, Butler, Flask, Rush, Southerington, ware maintenance and support, pro- Butler, Flask, Rush, Southerington, Nichols, Fumich and Rybka. ject management and implementa- Nichols, Fumich and Rybka. Nays: None. tion, training, and related services Nays: None. Absent: Mayor Jackson. for expansion of, the Computer Absent: Mayor Jackson. Aided Dispatch System, for the Divi- Resolution No. 246-11. sions of Police, Fire, and EMS, Resolution No. 244-11. By Director Cox. Department of Public Safety; and By Director Cox. Be it resolved by the Board of Whereas, division (d) of Section Whereas, Board of Control Reso- Control of the City of Cleveland, 181.102 C.O. authorizes a director to lution No. 153-11, adopted April 6, that the bid of Gordon Food Service enter into an agreement with the 2011, authorized the Director of Pub- for the purchase of various foods, software vendor for professional ser- lic Works to enter into a require- food products, beverages, condi- vices necessary to implement or ment contract with Toter Incorpo- ments and paper products needed maintain the software, including but rated, for the labor and materials to for a food service operation at Camp not limited to, maintenance, repair, maintain/repair/refurbish various Forbes, all items, for the Division of upgrade, enhancements, and techni- Automated Waste Collection and Recreation, Department of Public cal support; and Curbside Receptacles-Recycling Pro- Works, for the period of one (1) Whereas, under the authority of gram, for the period of one year, year beginning with the date of exe- Section 181.102 C.O., the City intends with three additional one-year cution of a contract, received on to enter into an agreement with options to renew; and May 4, 2011, under the authority of Intergraph Public Safety Inc. to Whereas, Resolution No. 153-11 Ordinance No. 1506-10, passed Feb- obtain the professional maintenance incorrectly listed the items recom- ruary 9, 2011, which on the basis of and technical support services nec- mended for contract and the esti- the estimated quantity would essary to maintain the Computer mated contract amount of amount to $89,774.41, is affirmed and Aided Dispatch System and Mobile $639,200.00; now, therefore, approved as the lowest and best bid, System for one year starting Janu- Be it resolved by the Board of and the Director of Public Works is ary 1, 2011; now, therefore, Control of the City of Cleveland that requested to enter into requirement Be it resolved by the Board of Resolution No. 153-11, adopted by contract for the commodities, which Control of the City of Cleveland that this Board on April 6, 2011, approv- contract shall provide for an initial under division (e) of Section 181.102 ing the bid of Toter Incorporated as order, cost of which shall be certi- C.O., the compensation to be paid for lowest and best for the labor and fied to the contract in an amount maintenance and technical support materials to maintain/repair/refur- not less than $89,774.41. services to be performed under the bish various Automated Waste Col- The requirement contract shall above-mentioned prospective agree- lection and Curbside Receptacles- further provide that the Contractor ment with Intergraph Corporation is Recycling Program, is amended by will furnish the remainder of the fixed at an amount not to exceed substituting the following items and requirement for the commodities, $102,984.06. contract amount for the items rec- whether more or less than the esti- Yeas: Acting Director Langhenry, ommended for contract and amount mated quantity, as may be ordered Directors Dumas, Withers, Acting in the resolution, where appearing: under delivery orders separately cer- Director Dangerfield, Directors Cox, 1-C, Option 2, 3a-1, which on the tified to the contract. Butler, Flask, Rush, Southerington, basis of the estimated quantity Yeas: Acting Director Langhenry, Nichols, Fumich and Rybka. would amount to $159,800.00. Directors Dumas, Withers, Acting Nays: None. Be it further resolved that all Director Dangerfield, Directors Cox, Absent: Mayor Jackson. other provisions of Resolution No. Butler, Flask, Rush, Southerington, 153-11 not expressly amended above Nichols, Fumich and Rybka. Resolution No. 243-11. shall remain unchanged and in full Nays: None. By Director Cox. force and effect. Absent: Mayor Jackson. Whereas, Board of Control Reso- Yeas: Acting Director Langhenry, lution No. 152-11, adopted April 6, Directors Dumas, Withers, Acting Resolution No. 247-11. 2011, authorized the Director of Pub- Director Dangerfield, Directors Cox, By Director Cox. lic Works to enter into a require- Butler, Flask, Rush, Southerington, Be it resolved by the Board of ment contract with Otto Environ- Nichols, Fumich and Rybka. Control of the City of Cleveland that mental Systems (NC), LLC., for the Nays: None. the bid of Tom Paige Catering Com- labor and materials to Absent: Mayor Jackson. pany for an estimated quantity of maintain/repair/refurbish various meals for the 2011 Summer Food Automated Waste Collection and Resolution No. 245-11. Program (all items), for the Divi- Curbside Receptacles-Recycling Pro- By Director Cox. sion of Recreation, Department of gram, for the period of one year, Be it resolved, by the Board of Public Works, for the period of 3 with three additional one-year Control of the City of Cleveland, months beginning with the date of options to renew; and that the bid of Barber’s Chemicals, execution of a contract, received on Whereas, Resolution No. 152-11 Inc., for an estimated quantity of May 4, 2011, under the authority of incorrectly listed the items recom- Pool Chemicals, all Items, for the Ordinance No. 1506-10, passed Feb- mended for contract and the esti- Division of Recreation, Department ruary 9, 2010, which on the basis of mated contract amount of of Public Works, for a period of one the estimated quantity would $8,466,152.00; now, therefore, (1) year beginning with the date of amount to $206,688.66, is affirmed Be it resolved by the Board of execution of a contract, received on and approved as the lowest and best Control of the City of Cleveland that the 21st day of April 2011, under the bid, and the Director of Public Resolution No. 152-11, adopted by authority of Section 181.101 of the Works is requested to enter into this Board on April 6, 2011, approv- Codified Ordinances of Cleveland, requirement contract for commodi- ing the bid of Otto Environmental Ohio, 1976, which on the basis of the ties, which contract shall provide Systems (NC), LLC., as lowest and estimated quantity would amount to for an initial order, the cost which best for the labor and materials to $159,188.00, is affirmed and approved shall be certified to the contract in maintain/repair/refurbish various as the lowest and best bid, and the an amount not less than $200,000.00 915 8 The City Record June 1, 2011

Be it further resolved that the when directed by the Director of Director Dangerfield, Directors Cox, requirement contract shall further Community Development and when Butler, Flask, Rush, Southerington, provide that the Contractor will fur- certain specified conditions have Nichols, Fumich and Rybka. nish the remainder of the require- been met, to sell Land Reutilization Nays: None. ment for the commodities, whether Program parcels to adjacent or abut- Absent: Mayor Jackson. more or less than the estimated ting landowners; and quantity, as may be ordered under Whereas, Carlos Rodriguez and JEFFREY B. MARKS, delivery orders separately certified Ingrid Rodriguez, abutting/adjacent Secretary against the contract. landowners, have proposed to the Yeas: Acting Director Langhenry, City to purchase and develop the Directors Dumas, Withers, Acting parcel for yard expansion; and CIVIL SERVICE NOTICES Director Dangerfield, Directors Cox, Whereas, the following conditions ______Butler, Flask, Rush, Southerington, exist: General Information Nichols, Fumich and Rybka. 1. The member of Council from Application blanks and informa- Nays: None. Ward 15 has consented to the pro- tion, regarding minimum entrance Absent: Mayor Jackson. posed sale; qualifications, scope of examination, 2. The parcel is either less than and suggested reference materials Resolution No. 248-11. 4,800 square feet or less than 40 feet may be obtained at the office of the By Director Rush. frontage; Civil Service Commission, Room 119, Whereas, under the authority of 3. The proposed purchasers of the City Hall, East 6th Street, and Lake- Ordinance No. 2076-76, passed by the parcel are neither tax delinquent side Avenue. Cleveland City Council October 25, nor in violation of the Building and 1976, the City is conducting a Land Housing Code; now, therefore, Application blanks must be prop- Reutilization Program according to Be it resolved by the Board of erly filled out on the official form the provisions of Chapter 5722 of the Control of the City of Cleveland that prescribed by the Civil Service Com- Ohio Revised Code; and under Section 183.021 of Codified mission and filed at the office of the Whereas, under the Land Reuti- Ordinances of Cleveland, Ohio 1976, commission not later than the final lization Program, the City has the Commissioner of Purchases and closing date slated in the examina- acquired Permanent Parcel No(s). Supplies is authorized, when direct- tion announcement. 110-01-002, 110-01-003, located at 11008 ed by the Director of Community and 11016 St. Clair Avenue and 110- Development, and the Mayor is EXAMINATION RESULTS: Each 01-059 located on Lakeview Avenue requested to execute an Official applicant whether passing or failing under the Land Reutilization Pro- Deed for and on behalf of the City will be notified of the results of the gram; and of Cleveland, with Carlos Rodriguez examination as soon as the commis - Whereas, Ordinance No. 256-11 and Ingrid Rodriguez for the sale sion has graded the papers. There- passed May 2, 2011, authorized the and development of Permanent Par- after, eligible lists will be estab- sale of the parcels for a considera- cel No. 016-16-075 located at 3407 lished which will consist of the tion established by the Board of West 60th Street, according to the names of those candidates who have Control at not less than the Fair Land Reutilization Program in such been successful in all parts of the Market Value; and manner as best carries out the examination. Whereas, David Ali has proposed intent of the program. to the City to purchase and develop Be it further resolved that the con- PHYSICAL EXAMINATION: All the parcels for a retail plaza; now, sideration for said parcel shall be candidates for original entrance po - therefore, $1.00, which amount is determined to sitions who are successful in other Be it resolved by the Board of be not less than the Fair Market parts of the examinations must sub- Control of the City of Cleveland that value of said parcel for uses accord- mit to a physical examination. under the authority of Ordinance No. ing to the Program. 256-11, passed by the Cleveland City Yeas: Acting Director Langhenry, ROBERT BENNETT, Council May 2, 2011, the Mayor is Directors Dumas, Withers, Acting President authorized to execute an official Director Dangerfield, Directors Cox, deed for and on behalf of the City Butler, Flask, Rush, Southerington, of Cleveland to David Ali for the Nichols, Fumich and Rybka. SCHEDULE OF THE BOARD sale and development of Permanent Nays: None. OF ZONING APPEALS Parcel No(s). 110-01- 002, 110-01-003 Absent: Mayor Jackson. and 110-01-059, as described in the Ordinance according to the Land Resolution No. 250-11. MONDAY, JUNE 13, 2011 Reutilization Program in such man- By Director Rush. ner as best carries out the intent of Whereas, Board of Control Reso- 9:30 A.M. the program. lution No. 201-11, adopted May 4, Be it further resolved that the con- 2011, authorized the sale and devel- Calendar No. 11-72: 1616 West 25th sideration for the parcels shall be opment of Permanent Parcel No. 119- Street (Ward 3) $10,300.00, which amount is deter- 32-128 to Alfred Fluker and Barbara Ojala Properties LLC, owner, and mined to be not less than the fair Thompson for yard expansion, as Wael Ayyad, tenant, appeal for market value of the parcels for uses part of the Land Reutilization Pro- expansion of an existing restaurant according to the Land Reutilization gram and as authorized by Ordi- to include live entertainment locat- Program. nance No. 1186-10 passed by the ed on a corner parcel in a General Yeas: Acting Director Langhenry, Cleveland City Council October 25, Retail Business District, contrary to Directors Dumas, Withers, Acting 2010, and Section 349.04(e) 27 off street park- Director Dangerfield, Directors Cox, Whereas, Resolution No. 201-11 ing spaces are proposed where 37 Butler, Flask, Rush, Southerington, incorrectly stated the names of are required, and the provisions of Nichols, Fumich and Rybka. Alfred Fluker and Barbara Thomp- Section 347.12(a)(1) state that no Nays: None. son; now, therefore, such use shall be established with- Absent: Mayor Jackson. Be it resolved by the Board of in 500 feet of a residential district, Control of the City of Cleveland that a day care center, kindergarten, ele- Resolution No. 249-11. Resolution No. 201-11, adopted by mentary or secondary school, public By Director Rush. this Board May 4, 2011, authorizing library, church, playground, public Whereas, under Ordinance No. the sale and development of Perma- or nonprofit recreation or communi- 2076-76 passed October 25, 1976, the nent Parcel No. 119-32-128 to Alfred ty center; nor shall such use for live City is conducting a Land Reuti- Fluker and Barbara Thompson for entertainment be established within lization Program (“Program”) yard expansion is amended by sub- 500 feet of another such use accord- according to the provisions of Chap- stituting “Alfred Fluker and Bar- ing to Section 347.12(a)(2) of the ter 5722 of the Ohio Revised Code; bara Thompkins” for Alfred Fluker Cleveland Codified Ordinances. and and Barbara Thompson where Whereas, under the Program, the appearing in the resolution. Calendar No. 11-75: 6102 Storer City has acquired Permanent Parcel Be it further resolved that all Avenue (Ward 15) No. 016-16-075 located at 3407 West other provisions of Resolution No. Khalil Ewais, owner, appeals to 60th Street in Ward 15; and 201-11 not expressly amended above change use from a restaurant to an Whereas, Section 183.021 of the shall remain unchanged and in full ice cream parlor proposed on con- Codified Ordinances of Cleveland, force and effect. solidated parcels in an existing one- Ohio 1976 authorizes the Commis- Yeas: Acting Director Langhenry, story building, located in General sioner of Purchases and Supplies, Directors Dumas, Withers, Acting Retail and Two-Family zoning dis- 916 June 1, 2011 The City Record 9 tricts; subject to the limitations of with a 5' x 5' landing that project The following appeal was Post- Section 337.03 the proposed use is 5 feet into the front yard setback of poned: not permitted and first permitted in a 35' x 105' lot in an A1 One-Fam- a Local Retail District and the ily District, where the proposed lift Calendar No. 11-32: 961 Jefferson expansion of a nonconforming use and landing are not a permitted Avenue postponed to July 18, requires the Board of Zoning encroachment according to the pro- 2011. Appeals approval in accordance visions in Section 357.13 of the with Section 359.01 of the Cleveland Cleveland Codified Ordinances. The following appeals heard by Codified Ordinances. the Board on May 23, 2011 were Secretary adopted and approved on May 31, Calendar No. 11-76: 3800 East 151st 2011. Street (Ward 2) Samuel Smith, owner, appeals to REPORT OF THE BOARD The following appeals were erect a one-story frame garage 33' OF ZONING APPEALS Approved: x 28' on an 80' x 133' lot in an A1 One-Family District; contrary to Sec- Calendar No. 11-59: 15600 Lorain tion 337.23 a floor area of 2,109 Avenue TUESDAY, MAY 31, 2011 square feet is provided where Lakepark Congregation appealed 1,136.6' is required for the floor area to construct a Kingdom Hall Church At the meeting of the Board of of a private garage erected as an on consolidated parcels in a Gener- Zoning Appeals on Tuesday, May 31, accessory building in a residence al Retail Business District. district. 2011, the following appeals were heard by the Board. Calendar No. 11-60: 11100 Detroit Calendar No. 11-77: 16300 South Avenue The following appeals were Waterloo Road (Ward 11) La Cresta Properties LLC, owner, Approved: R3 Realty LLC, owner, and and Eni Sotiri, tenant, appealed to HRC&R and Azi Ukshii, tenant, establish use as a coffee shop in a Calendar No. 11-61: 12302 Chester- appeal to expand an existing stor- corner portion of a mixed use build- field Avenue age, repair and sale of heavy equip- ing in a General Retail business ment use to include a salvage yard Gary Werner, owner, and Marcel- District. located on acreage in Semi-Industry la Simmons, prospective purchaser, and General Industry Districts; sub- appealed to establish an Adult Day Calendar No. 11-62: 1901 Ford Drive ject to the limitations of Section Care Center in a General Retail Case Western Reserve University 345.03, a salvage yard is not per- Business District; subject to condi- appealed to extend a temporary tent mitted and first allowed in a Gen- tion. installation from May 1, 2011 eral Industry District in an area through October 31, 2011. with a minimum of 50,000 square Calendar No. 11-65: 3812 West 152nd feet and enclosed within a minimum Street Calendar No. 11-63: 2149 West 6th 7 feet high solid, masonry wall or Clinton McCor appealed to build a Street slightly solid, nontransparent, well- front porch 30' x 10' in a Two-Fam- Todd Burger and Kristie Beck maintained substantial fence; and ily District. contrary to Section 349.07(a) a grav- appealed to erect a three-story frame dwelling and attached garage el parking area is proposed and Calendar No. 11-68: 4501 Spokane in a B1 Multi-Family District. accessory off-street parking spaces, Avenue driveways and maneuvering areas Donald Prather appealed to install Calendar No. 11-64: 2274 East 73rd shall be hard surfaced, striped and a wood shadowbox fence 6 feet high Street properly graded for drainage; and along the actual side street yard in East Central Townhomes, LLC pursuant to Section 350.04 a permit a Two-Family District; subject to and Burten Bell Carr Development is required for signage. condition. Corporation appealed to Install a 6 foot high board on board wooden Calendar No. 11-78: 1808 West 38th Calendar No. 11-37: 2247 Professor fence in the actual side street yard Street (Ward 3) Avenue along Central Avenue in a C2 Gen- Nicholas Graor, owner, appeals to 6530 Carnegie Ltd., owner, and eral Retail Business District. erect a 14' x 20' one-story, frame Dante Boccuzzi appealed to expand attached garage to a 10' x 10' sec- use of a first floor restaurant to Secretary ond floor room addition on a 31.5' x include the basement in a two-story 66' corner lot in a B1 Two-Family building in a General Retail Busi- District; and contrary to Section ness District. 355.04(b) the maximum gross floor REPORT OF THE BOARD area of 1,680 square feet exceeds 50 Calendar No. 11-48: 4034 West 163rd OF BUILDING STANDARDS percent of the required lot area of Street 1,040 square feet; and pursuant to AND BUILDING APPEALS Mark and Mary Beth Burger Section 357.08 the required rear yard appealed to erect a one-story room area shall not be less than the main addition to a single family residence Re: Report of the Meeting of building height of 24 feet and a in a One-Family District; subject to depth of 6 feet is provided for the May 25, 2011 attached garage and zero is provid- condition. ed for the second floor room addi- As required by the provisions of tion; and under the provisions in The following appeals were With- Section 3103.20(2) of the Codified Section 359.01 changes to an exist- drawn: Ordinances of the City of Cleveland, ing nonconforming use structure Ohio 1976, the following brief of require the Board of Zoning Appeals None. action of the subject meeting is approval. given for publication in the City The following appeals were Dis- Record: Calendar No. 11-79: 11502 Scottwood missed: Avenue (Ward 9) * * * Raymond and Romona Hall, own- Calendar No. 11-66: 10601-35 St. Clair ers, appeal to install a wheelchair Avenue Docket A-392-10. lift with a 5' x 5' landing that pro- Shirley Russell appealed to RE: Appeal of David Rosen, ject 5 feet into the front yard set- change use from storage to a motor Owner of the Two Dwelling Units back of a 40' x 96.69' lot in an A1 vehicle major repair shop in a Local Two-Family Residence Two & One-Family District where the pro- Retail business District. One/half Story Frame Property posed lift and landing are not a per- located on the premises known as mitted encroachment according to Calendar No. 11-36: 2365-73 Professor 15710 Halliday Avenue from a the provisions in Section 357.13 of Street NOTICE OF VIOLATION — NO the Cleveland Codified Ordinances. Mark LaGrange appealed to add PERMIT, dated August 30, 2010 of live entertainment and an outdoor the Director of the Department of Calendar No. 11-81: 12212 Brighton patio and to expand occupancy of Building and Housing, requiring Avenue (Ward 17) the second floor to 25 people for a compliance with the Codified Ordi- Walter Worsham, Jr., owner, bar/restaurant in a General Retail nances of the City of Cleveland and appeals to install a wheelchair lift Business District. the Ohio Building Code (OBC). 917 10 The City Record June 1, 2011

BE IT RESOLVED, a motion is in ED at this time to the Department further action. Motion so in order. order at this time to require the of Building and Housing for super- Motioned by Mr. Bradley and sec- Appellant to obtain all permits and vision and any required further onded by Mr. Saab. to find that the Violation Notice was action. Motion so in order. Motioned Yeas: Messrs. Denk, Gallagher, properly issued, and to grant the by Mr. Gallagher and seconded by Saab, Bradley, Maschke. Nays: None. Appellant three (3) months in which Mr. Maschke. to complete abatement of all viola- Yeas: Messrs. Denk, Gallagher, * * * tions. The property is REMANDED Saab, Bradley, Maschke. Nays: None. at this time to the Department of Docket A-411-10. Building and Housing for supervi- * * * RE: Appeal of Spring Hills LLC, sion and any required further Owner of the One Dwelling Unit Sin- action. Motion so in order. Motioned Docket A-403-10. gle Family Residence Two & by Mr. Bradley and seconded by Mr. RE: Appeal of Robert Wolters, One/half Story Frame Property Gallagher. Owner of the Two Dwelling Units located on the premises known as Yeas: Messrs. Denk, Gallagher, Two-Family Residence Two & 2365 East 84th Street from a CON- Saab, Bradley, Maschke. Nays: None. One/half Story Frame Property DEMNATION ORDER — MAIN located on the premises known as STRUCTURE, dated August 27, 2010 * * * 4371 Warner Road from a CON- of the Director of the Department of DEMNATION ORDER — MAIN Building and Housing, requiring Docket A-395-10. STRUCTURE dated July 21, 2010 of compliance with the Codified Ordi- RE: Appeal of Leo Vovk, Owner the Director of the Department of nances of the City of Cleveland and of the MXD Mixed Uses – Multiple Building and Housing, requiring the Ohio Building Code (OBC). Uses In One Building Two & compliance with the Codified Ordi- BE IT RESOLVED, a motion is in One/half Story Frame Property nances of the City of Cleveland and order at this time to grant an exten- located on the premises known as the Ohio Building Code (OBC). sion of thirty (30) days for any 1191 Norwood Road from a CON- BE IT RESOLVED, a motion is in work required to be done to com- DEMNATION ORDER — MAIN order at this time to grant the plete occupancy of the property. The STRUCTURE, dated April 16, 2009 of Appellant forty-five (45) days in property is REMANDED at this time the Director of the Department of which to obtain the required permits to the Department of Building and Building and Housing, requiring and sixty (60) days in which to Housing for supervision and any compliance with the Codified Ordi- abate the exterior violations and six required further action. Motion so in nances of the City of Cleveland and (6) months in which to complete order. Motioned by Mr. Gallagher the Ohio Building Code (OBC). abatement of all violations. The and seconded by Mr. Maschke. Docket A-395-10 have been POST- property is REMANDED at this time Yeas: Messrs. Denk, Gallagher, PONED; to be rescheduled for June to the Department of Building and Saab, Bradley, Maschke. Nays: None. 8, 2011. Housing for supervision and any required further action. Motion so in * * * * * * order. Motioned by Mr. Maschke and seconded by Mr. Gallagher. Docket A-412-10. Docket A-396-10. Yeas: Messrs. Denk, Gallagher, RE: Appeal of Shawnee Fox, RE: Appeal of Mack J. Johnson Saab, Bradley, Maschke. Nays: None. Owner of the Two Dwelling Units Jr., Owner of the One Dwelling Unit Two-Family Residence Two & Single Family Residence Two Story * * * One/half Story Frame Property Frame Property located on the located on the premises known as premises known as 678 East 107th Docket A-406-10. 9414 Elizabeth Avenue from a CON- Street from a CONDEMNATION RE: Appeal of Lavonia DEMNATION ORDER — MAIN ORDER — MAIN STRUCTURE, Brown/L.B.T. Enterprises, LLC, STRUCTURE, dated October 5, 2010 dated April 14, 2010 of the Director Owner of the Two Dwelling Units of the Director of the Department of of the Department of Building and Two-Family Residence Two & Building and Housing, requiring Housing, requiring compliance with One/half Story Frame Property compliance with the Codified Ordi- the Codified Ordinances of the City located on the premises known as nances of the City of Cleveland and of Cleveland and the Ohio Building 11213 Mt. Overlook Avenue from a the Ohio Building Code (OBC). Code (OBC). NOTICE OF VIOLATION — INTE- BE IT RESOLVED, a motion is in BE IT RESOLVED, a motion is in RIOR/EXTERIOR MAINTENANCE, order at this time to find that the order at this time to grant the dated March 9, 2009 of the Director Condemnation Order was properly Appellant sixty (60) days in which of the Department of Building and issued. Based on the evidence pre- to complete abatement of all viola- Housing, requiring compliance with sented the appeal is DENIED, not- tions. The property is REMANDED the Codified Ordinances of the City ing the absence of the Appellant at this time to the Department of of Cleveland and the Ohio Building and the lack of any effort by the Building and Housing for supervi- Code (OBC). Appellant to abate the violations. sion and any required further Docket A-406-10 has been WITH- The property is REMANDED at this action. Motion so in order. Motioned DRAWN at the request of the Appel- time to the Department of Building by Mr. Bradley and seconded by Mr. lant. and Housing for supervision and Maschke. any required further action. Motion Yeas: Messrs. Denk, Gallagher, * * * so in order. Motioned by Mr. Gal- Saab, Bradley, Maschke. Nays: None. lagher and seconded by Mr. Docket A-407-10. Maschke. * * * RE: Appeal of Charles Willis, Yeas: Messrs. Denk, Gallagher, Owner of the One Dwelling Unit Sin- Bradley, Maschke. Nays: None. Not Docket A-399-10. gle-Family Residence Two & Voting: Mr. Saab. RE: Appeal of Woodrow Garrick, One/half Story Frame Property Owner of the M Mercantile – Retail located on the premises known as * * * Shops, Carry-out Food Shops One 11906 Beulah Avenue from a CON- Story Masonry Property located on DEMNATION ORDER — MAIN Docket A-422-10. the premises known as 1795 East STRUCTURE, dated May 19, 2010 of RE: Appeal of Sterling Feaster, 55th Street from a CONDEMNATION the Director of the Department of Owner of the Two Dwelling Units ORDER — MAIN STRUCTURE, Building and Housing, requiring Two-Family Residence Two & dated September 9, 2009 of the Direc- compliance with the Codified Ordi- One/half Story Frame Property tor of the Department of Building nances of the City of Cleveland and located on the premises known as and Housing, requiring compliance the Ohio Building Code (OBC). 11910 Forest Avenue from a CON- with the Codified Ordinances of the BE IT RESOLVED, a motion is in DEMNATION ORDER — MAIN City of Cleveland and the Ohio order at this time to grant the STRUCTURE, dated September 24, Building Code (OBC). Appellant sixty (60) days in which 2010 of the Director of the Depart- BE IT RESOLVED, a motion is in to obtain permits and six (6) months ment of Building and Housing, order at this time to find that, based in which to complete abatement of requiring compliance with the Codi- upon the evidence presented, and to the violations, with the exterior fied Ordinances of the City of Cleve- find that the Condemnation Order work to be done first. The property land and the Ohio Building Code was properly issued, and that the is REMANDED at this time to the (OBC). appeal request for additional time is Department of Building and Hous- BE IT RESOLVED, a motion is in DENIED. The property is REMAND- ing supervision and any required order at this time to grant the 918 June 1, 2011 The City Record 11

Appellant six (6) months in which lack of work on the property. Motion which to complete the cleanup of to complete abatement of the viola- so in order. Motioned by Mr. Gal- the demolition to the standards of tions. The property is REMANDED lagher and seconded by Mr. Bradley. the City. The property is REMAND- at this time to the Department of Yeas: Messrs. Denk, Gallagher, ED at this time to the Department Building and Housing for supervi- Saab, Bradley, Maschke. Nays: None. of Building and Housing for super- sion and any required further vision and any required further action. Motion so in order. Motioned * * * action. Motion so in order. Motioned by Mr. Bradley and seconded by Mr. by Mr. Saab and seconded by Mr. Maschke. Docket A-426-10. Gallagher. Yeas: Messrs. Denk, Gallagher, RE: Appeal of Woodrow J. Yeas: Messrs. Denk, Gallagher, Saab, Bradley, Maschke. Nays: None. Rollins, Owner of the One Dwelling Saab, Bradley, Maschke. Nays: None. Unit Single-Family Residence Two * * * & One/half Story Frame Property * * * located on the premises known as Docket A-423-10. 10802 Morison Avenue from a 30 Docket A-455-10. RE: Appeal of Claude H. & Mary DAY CONDEMNATION ORDER — RE: Appeal of Cash Mischka, E. Jones, Owners of the Two MAIN STRUCTURE, dated Septem- Owner of the Property located on Dwelling Units Two-Family Resi- ber 29, 2008 of the Director of the the premises known as 1668 East dence Two & One/half Story Wood Department of Building and Hous- 40th Street from ADJUDICATION Frame/Siding/Masonry Veneer ing, requiring compliance with the ORDERS, dated October 12, 2010 and Property located on the premises Codified Ordinances of the City of November 15, 2010 of the Director of known as 1376 East 86th Street from Cleveland and the Ohio Building the Department of Building and a NOTICE OF VIOLATION — Code (OBC). Housing, requiring compliance with EXTERIOR MAINTENANCE, dated BE IT RESOLVED, a motion is in the Codified Ordinances of the City July 1, 2010 of the Director of the order at this time to grant the of Cleveland and the Ohio Building Department of Building and Hous- Appellant two (2) weeks in which Code (OBC). ing, requiring compliance with the to obtain the required permits and Docket A-455-10 has been WITH- Codified Ordinances of the City of sixty (60) days in which to complete DRAWN at the request of the Appel- Cleveland and the Ohio Building abatement of the violations. The lant. Code (OBC). property is REMANDED at this time BE IT RESOLVED, a motion is in to the Department of Building and * * * order at this time to grant the Housing for supervision and any Appellant six (6) months in which required further action. Motion so in Docket A-145-11. to complete abatement of all viola- order. Motioned by Mr. Bradley and RE: Appeal of Ariel Ventures, tions. The property is REMANDED seconded by Mr. Gallagher. LLC, Owner of the Property located at this time to the Department of Yeas: Messrs. Denk, Gallagher, on the premises known as 1163 East Building and Housing for supervi- Saab, Bradley, Maschke. Nays: None. 40th Street from an ADJUDICATION sion and any required further ORDER, dated April 21, 2011 of the action. Motion so in order. Motioned * * * Director of the Department of Build- by Mr. Maschke and seconded by Mr. ing and Housing, requiring compli- Bradley. Docket A-427-10. ance with the Codified Ordinances Yeas: Messrs. Denk, Gallagher, RE: Appeal of Donald King, of the City of Cleveland and the Saab, Bradley, Maschke. Nays: None. Owner of the R-2 Residential – Non- Ohio Building Code (OBC). transient; Apartments (Shared BE IT RESOLVED, a motion is in * * * Egress) Two Story Masonry order at this time to grant the vari- Walls/Wood Floors Property located ance to permit the windows to be Docket A-424-10. on the premises known as 935 East installed as proposed with the addi- RE: Appeal of San Scott Invest- 150th Street from a CONDEMNA- tion of water wash sprinkler heads ments, LLC, Owner of the One TION ORDER — MAIN STRUC- on the interior at the windows to Dwelling Unit Single-Family Resi- TURE, dated July 8, 2009 of the protect the adjacent property; and a dence One/half Story Frame Proper- Director of the Department of Build- motion is in order to permit the ty located on the premises known as ing and Housing, requiring compli- third floor to be occupied for three 9522 Elizabeth Avenue from a CON- ance with the Codified Ordinances (3) months by up to thirteen (13) DEMNATION ORDER — MAIN of the City of Cleveland and the people with the provision that the STRUCTURE, dated September 17, Ohio Building Code (OBC). first and second floors and the third 2010 of the Director of the Depart- BE IT RESOLVED, a motion is in floor will be sprinkled properly with ment of Building and Housing, order at this time to find that the life-safety systems will be approved requiring compliance with the Codi- Condemnation Order was property and installed. Access will be pro- fied Ordinances of the City of Cleve- issued and to REMAND the proper- vided to the adjacent roof as an land and the Ohio Building Code ty to the Department of Building area of refuge for a temporary sec- (OBC). and Housing for supervision and ond means of egress. Motion so in Docket A-424-10 has been POST- any required further action, noting order. Motioned by Mr. Saab and sec- PONED; to be rescheduled for June that progress is being made on the onded by Mr. Bradley. 8, 2011. project and the Building Department Yeas: Messrs. Denk, Gallagher, is aware of the progress. Motion so Saab, Bradley, Maschke. Nays: None. * * * in order. Motioned by Mr. Bradley and seconded by Mr. Maschke. * * * Docket A-425-10. Yeas: Messrs. Denk, Gallagher, RE: Appeal of Innovation Devel- Saab, Bradley, Maschke. Nays: None. APPROVAL OF RESOLUTIONS opment LLC, Owner of the Two FROM APRIL 27, 2011: Dwelling Units Two-Family Resi- * * * dence Two & One/half Story Frame Separate motions were entered by Property located on the premises Docket A-441-10. Mr. Maschke and seconded by Mr. known as 8114 Platt Avenue from a RE: Appeal of Francis Kirby, Bradley for Approval and Adoption CONDEMNATION ORDER — MAIN Owner of the Two Dwelling Units of the Resolutions as presented by STRUCTURE, dated August 9, 2010 Two-Family Residence Two & the Secretary for the following of the Director of the Department of One/half Story Masonry Dockets respectively, subject to the Building and Housing, requiring Walls/Wood Floors Property located Codified Ordinances of the City of compliance with the Codified Ordi- on the premises known as 3524 East Cleveland and the Ohio Building nances of the City of Cleveland and 144th Street from a CONDEMNA- Code (OBC): the Ohio Building Code (OBC). TION ORDER — MAIN STRUC- BE IT RESOLVED, a motion is in TURE, dated May 24, 2010 of the A-358-10 — Caraman Corp. order at this time to find that the Director of the Department of Build- A-397-10 — Thomas Bell Condemnation Order was properly ing and Housing, requiring compli- A-398-10 — Thomas Bell issued. Based on the evidence pre- ance with the Codified Ordinances A-401-10 — Moise Magda Jr. sented, the appeal is DENIED. The of the City of Cleveland and the A-402-10 — Thor Real Estate property is REMANDED at this time Ohio Building Code (OBC). A-404-10 — Willie Coleman to the Department of Building and BE IT RESOLVED, a motion is in (AMENDED) Housing for supervision, noting the order at this time to grant the A-409-10 — Calvin Brooks absence of the Appellant and the Appellant fourteen (14) days in A-410-10 — Calvin Brooks 919 12 The City Record June 1, 2011

A-493-10 — Thor Real Estate PUBLIC NOTICE each female business enterprise A-27-11 — Bedo LLC (“FBE”) must be certified before A-83-11 — Forest Bay Tower City, doing business with the City. There- LLC – TAXICABS– fore, any prime contractor wishing NOTICE OF RATES OF FARE to receive credit for using an MBE Yeas: Messrs. Denk, Bradley, ADJUSTMENT DUE TO COST OF or FBE should ensure that applica- Maschke. Nays: None. Not Voting: GASOLINE tions for certification as to MBE or Messrs. Gallagher, Saab. FBE status compliance with the Code, affirmative action in employ- * * * Dedrick C. Stephens, Commissioner ment and, if applicable, joint ven- Division of Assessments and ture status, are submitted to the Of - APPROVAL OF MINUTES FROM Licenses fice of Equal Opportunity (“OEO”) APRIL 27, 2011: prior to the date of bid opening or As of the first Monday of May, submission of proposals or as speci - Separate motions were entered by 2011, and one month prior thereto, fied by the Director. Failure to com- Mr. Bradley and seconded by Mr. the price per gallon for regular ply with the business enterprise Maschke for Approval and Adoption unleaded gasoline for the Cleveland- code or with representations made of the Minutes as presented by the Lorain-Elyria Metro Area as pub- on these forms may result in can- Secretary, subject to the Codified lished by the Automobile Associa- cellation of the contract or other Ordinances of the City of Cleveland tion of America’s State-by-State Fuel civil or criminal penalties.” and the Ohio Building Code (OBC): Price Average Report is equal to or greater than $3.00 per gallon. There- FRIDAY, JUNE 10, 2011 April 27, 2011 fore, pursuant to CO § 433.261(a), an increase of $1.00 to the rates of fare File No. 90-11 — Yeas: Messrs. Denk, Bradley, set forth in CO § 443.26 is hereby Stadium 2010 and 2011 Capital Maschke. Nays: None. Not Voting: authorized and shall take effect 30 Improvements, for the Division of Gallagher, Saab. days from the publication of this Architecture and Site Development, notice. No further increases shall be Department of Public Works, as * * * authorized until all prior increases authorized by Ordinance No. 550-10, issued pursuant to CO § 443.261 have passed by the Council of the City APPROVAL OF RESOLUTIONS been repealed under CO § 443.261(b). of Cleveland, August 18, 2010. FROM MAY 11, 2011: Pursuant to CO § 443.261(c), each THERE WILL BE A NON-REFUND- change in the fare amount shall be ABLE FEE FOR PLANS AND Separate motions were entered by applied to the meter. A representa- SPECIFICATIONS IN THE Mr. Gallagher and seconded by Mr. tive of the Bureau of Weights and AMOUNT OF FIFTY DOLLARS Bradley for Approval and Adoption Measures must remove the current ($50.00) IN THE FORM OF A of the Resolutions as presented by security seal affixed to each taxicab CASHIER’S CHECK AND OR the Secretary for the following meter prior to the fare being MONEY ORDER ONLY (NO COM- Dockets respectively, subject to the changed on the meter. PANY CHECKS, NO CASH AND Codified Ordinances of the City of NO CREDIT CARDS WILL BE Cleveland and the Ohio Building Dedrick C. Stephens ACCEPTED). Code (OBC): Commissioner THERE WILL BE A MANDATORY Division of Assessments and PRE-BID MEETING FRIDAY, A-379-10 — Nicholas Gory Licenses JUNE 3, 2011 AT 10:00 A.M. THE A-381-10 — Larry Crowley CLEVELAND BROWNS STADI- A-383-10 — Fred d. McKissack UM, SOUTHWEST ENTRANCE A-386-10 — Jacqueline Matinez May 25, 2011 and June 1, 2011 ( GATE), A-388-10 — Michelle Ann Heim- CLEVELAND, OHIO 44114. burger NOTICE OF PUBLIC HEARING THE CITY OF CLEVELAND WILL A-391-10 — Joseph Johnson NOT CONSIDER THE BID OF A-400-10 — Blanch Newton ANYONE WHO DOES NOT AT - A-419-10 — Paul Bures TEND A MANDATORY PRE-BID A-420-10 — Abe Shehadeh NONE CONFERENCE. A-421-10 — Almon L. Harris A-447-10 — Coleman Trucking Inc. File No. 91-11 — 2011 Safety Surface A-92-11 — Imran Abdul-Adil and Signage Improvements, for A-132-11 — MMPI Cleveland Dev. CITY OF CLEVELAND BIDS the Division of Architecture and A-133-11 — University Hospitals Site Development, Department of A-139-11 — Almon L. Harris Public Works, as authorized by A-140-11 — Almon L. Harris Ordinance No. 607-10, passed by the A-153-11 — Pearl Development For All Departments Council of the City of Cleveland, June 7, 2010. Yeas: Messrs. Denk, Gallagher, Sealed bids will be received at the THERE WILL BE A NON-REFUND- Saab, Bradley. Nays: None. Not Vot- office of the Commissioner of Pur- ABLE FEE FOR PLANS AND ing: Mr. Maschke. chases and Supplies, Room 128, City SPECIFICATIONS IN THE Hall, in accordance with the append- AMOUNT OF TWENTY-FIVE * * * ed schedule, and will be opened and DOLLARS ($25.00) IN THE read in Room 128, City Hall, imme- FORM OF A CASHIER’S CHECK APPROVAL OF MINUTES FROM diately thereafter. AND OR MONEY ORDER ONLY MAY 11, 2011: Each bid must be made in accor- (NO COMPANY CHECKS, NO dance with the specifications and CASH AND NO CREDIT CARDS Separate motions were entered by must be submitted on the blanks WILL BE ACCEPTED). Mr. Saab and seconded by Mr. Gal- supplied for the purpose, all of THERE WILL BE A NON-MANDA- lagher for Approval and Adoption of which may be obtained at the office TORY PRE-BID MEETING the Minutes as presented by the Sec- of the said Commissioner of Pur- THURSDAY, JUNE 2, 2011 AT retary, subject to the Codified Ordi- chases and Supplies, but no bid will 2:00 P.M. THE CLEVELAND PUB- nances of the City of Cleveland and be considered unless delivered to LIC AUDITORIUM, 500 LAKE- the Ohio Building Code (OBC): the office of the said commissioner SIDE AVENUE, 3RD FLOOR previous to 12:00 noon (Eastern CONFERENCE ROOM, CLEVE- May 11, 2011 Standard Time) on the date speci- LAND, OHIO 44114. fied in the schedule. Yeas: Messrs. Denk, Gallagher, 187.10 Negotiated contracts; Notice Saab, Bradley. Nays: None. Not Vot- required in Advertisement for Bids. May 25, 2011 and June 1, 2011 ing: Mr. Maschke. Where invitations for bids are advertised, the following notice THURSDAY, JUNE 23, 2011 * * * shall be included in the advertise- ment: “Pursuant to the MBE/FBE File No. 88-11 — Labor and Materi- JOSEPH F. DENK Code, each prime bidder, each minor- als needed to Maintain, Test, Chairman ity business enterprise (“MBE”) and Install, Replace, Improve, 920 June 1, 2011 The City Record 13

Restore, and Refurbish Land- declared it necessary and conducive Res. No. 763-11. scaping Various Public Utilities to the public health, convenience By Council Member Sweeney. Facilities, for the Divisions of and welfare of the City of Cleveland An emergency resolution fixing the Water and Water Pollution Control, to provide additional cleaning and 2011 summer schedule of meetings of Department of Public Utilities, as maintenance of the public rights-of- the Council of the City of Cleveland. authorized by Ordinance No. 1599-10, way within the District and addi- Whereas, this resolution consti- tutes an emergency measure for the passed by the Council of The City tional safety and security services immediate preservation of public of Cleveland, December 6, 2010. for the District, and provided for the assessment of the cost and expens- peace, property, health or safety, THERE WILL BE A NON-MANDA- now, therefore, TORY PRE-BID MEETING es of such work upon benefited property in the District; and Be it resolved by the Council of THURSDAY, JUNE 2, 2011 AT Whereas, under the above resolu- the City of Cleveland: 10:00 A.M. THE CARL B. STOKES tion the estimated assessments for Section 1. That the schedule of PUBLIC UTILITIES BUILDING, the improvement have been pre- meetings during the 2011 summer months of the Council of the City of 1201 LAKESIDE AVENUE, pared and placed on file in the Cleveland is hereby fixed as fol- CLEVELAND, OHIO 44114. office of the Clerk of Council as File lows: No. 590-11-A; and July 20, 2011 Whereas, notice of the adoption of File No. 89-11 — August 17, 2011 Facility Upgrades (Re-bid), for the resolution and of the filing of A notice identifying the time of the the Division of Architecture and the estimated assessments will be meeting as well as a schedule of com- Site Development, Department of duly served on all property owners mittee meetings, if any, to be held to be assessed in the manner pro- Public Works, as authorized by prior to the meeting shall be prepared vided by law; and by the Clerk prior to each of the above Ordinance No. 489-07, passed by the Whereas, under Section 727.16 of Council of the City of Cleveland, meeting dates. The Council will the Revised Code, in the event the resume regular session at 7:00 p.m. on June 4, 2007. owner of any lot or parcel of land Monday, September 12, 2011. THERE WILL BE A NON-REFUND- to be assessed in the District objects Section 2. That this resolution is ABLE FEE FOR PLANS AND to the amount or apportionment of hereby declared to be an emergency SPECIFICATIONS IN THE the estimated assessment or to the measure and, provided it receives the AMOUNT OF FIFTY DOLLARS assessment against such lot or par- affirmative vote of two-thirds of all ($50.00) IN THE FORM OF A cel, this Council is to appoint an the members elected to Council, it assessment equalization board, con- CASHIER’S CHECK AND OR shall take effect and be in force imme- sisting of three disinterested free- MONEY ORDER ONLY (NO COM- diately upon its adoption and holders of the City, and shall fix the approval by the Mayor; otherwise it PANY CHECKS, NO CASH AND time and place for the hearing by shall take effect and be in force from NO CREDIT CARDS WILL BE such board of such objections, and and after the earliest period allowed ACCEPTED). the Clerk of Council shall notify, by by law. THERE WILL BE A NON-MANDA- certified mail, the persons so object- Adopted May 23, 2011. TORY PRE-BID MEETING ing of the time and place of such Effective May 28, 2011. THURSDAY, JUNE 9, 2011 AT hearing; and 1:00 P.M. THE CONVENTION Whereas, written objections to the estimated assessments may be filed CENTER, 500 LAKESIDE by one or more property owners; and AVENUE, 3RD FLOOR CONFER- Res. No. 767-11. Whereas, this resolution consti- By Council Member Cimperman. ENCE ROOM, CLEVELAND, tutes an emergency measure provid- An emergency resolution with- OHIO 44114. ing for the usual daily operation of drawing objections to the renewal of THERE WILL BE A TOUR OF THE a municipal department; a D5 and D6 Liquor Permit at 2325 FACILITY IMMEDIATELY Be it resolved by the Council of the Elm Street, and repealing Resolution AFTER THE PRE-BID MEET- City of Cleveland: Nos. 956-10 and 1111-10, objecting to ING. THE LOCATION WILL BE Section 1. That Fran DiDonato, said renewal. THE WEST SIDE MARKET, 1979 Ellen Evans, and Karen Moss, three Whereas, this Council objected to disinterested freeholders of the City, WEST 25TH STREET, CLEVE- a D5 Liquor Permit to 2325 Elm and Angela Lowery and John Gest, Street, Bar 3 & 4 by Resolution No. LAND, OHIO 44113. two alternate disinterested freehold- 956-10 adopted by the Council on ers of the City, are appointed as an July 14, 2010 and Resolution No. assessment equalization board to 1111-10 adopted by the Council on May 25, 2011 and June 1, 2011 hear and determine all written objec- August 18, 2010; and tions filed under the law to the esti- Whereas, this Council wishes to mated assessments heretofore filed withdraw its objections to the above ADOPTED RESOLUTIONS with the Clerk of Council under Reso- renewal and consents to said renew- AND ORDINANCES lution No. 590-11, adopted May 9, 2011. al; and Section 2. That the assessment Whereas, this resolution consti- equalization board shall meet at 2:00 tutes an emergency measure provid- p.m. on Wednesday, June 29, 2011, in ing for the usual daily operation of Res. No. 704-11. Room 220, , for the a municipal department; now, there- By Council Member Cimperman. purpose mentioned above, and on fore, An emergency resolution appoint- completion of the hearing and any Be it resolved by the Council of ing an assessment equalization board adjournments, shall report its recom- the City of Cleveland: to hear objections to estimated mendations, including any changes Section 1. That objections to a D5 assessments with respect to the Mar- which should be made in the estimat- Liquor Permit to Metropolis Night ket District — Cleveland Business ed assessments, to this Council. Club, Inc., 2325 Elm Street, Bar 3 Improvement District plan to provide Section 3. That the Clerk of Council and 4, Cleveland, Ohio 44113, Per- additional security for the Market is authorized and directed to notify, manent Numbers 5870816, District – Cleveland Business certified mail, each person who has 58708160003 and 58708160004 be and Improvement District, additional filed timely written objection to the the same is hereby withdrawn and cleaning and maintenance of the pub- estimated assessments of the time, Resolution Nos. 956-10 and 1111-10, containing such objections, be and lic rights-of-way within the Market date and place of the hearing of the the same is hereby repealed and District – Cleveland Business assessment equalization board. Such that this Council consents to the notice shall be mailed at least five Improvement District, and declaring immediate renewal thereof. an emergency. days before the date of such hearing. Section 2. That this resolution is Whereas, by Resolution No. 590-11 Section 4. That this resolution is hereby declared to be an emergency adopted on May 9, 2011, this Council declared to be an emergency measure measure and provided it receives the approved the formation of the Mar- and, provided it receives the affirma- affirmative vote of two-thirds of all ket District - Cleveland Business tive vote of two-thirds of all the mem- the members elected to Council, it Improvement District (the “Dis- bers elected to Council, it shall take shall take effect and be in force imme- trict”) and the Articles of Incorpo- effect and be in force immediately diately upon its adoption and ration of the Market District upon its adoption and approval by the approval by the Mayor; otherwise, it Improvement Corporation, accepted Mayor; otherwise it shall take effect shall take effect and be in force from the petition of the property owners and be in force from and after the ear- and after the earliest period allowed in the District, approved an initial liest period allowed by law. by law. plan for public services benefitting Adopted May 23, 2011. Adopted May 23, 2011. the District, determined and Effective May 28, 2011. Effective May 28, 2011. 921 14 The City Record June 1, 2011

Res. No. 768-11. sonable access to the establishment; to the building, safety or health By Council Member Cummins. and requirements of the governing body An emergency resolution with- Whereas, the place for which the of this County or City; and drawing objection to the renewal of a permit is sought is so located with Whereas, the place for which the D2, D2X, De and D3A Liquor Permit at respect to the neighborhood that it permit is sought is so arranged or 3180-84 West 25th Street, 1st floor and substantially interferes with public constructed that law enforcement basement, and repealing Resolution decency, sobriety, peace or good officers or agents of the Department No. 1122-10, objecting to said renewal. order; and of Liquor Control are prevented rea- Whereas, this Council objected to Whereas, this objection is based sonable access to the establishment; a D2, D2X, D3 and D3A Liquor Per- on other legal grounds as set forth and mit to 3180-84 West 25th Street, 1st in Revised Code Section 4303.292; Whereas, the place for which the floor and basement by Resolution and permit is sought is so located with No. 1122-10 adopted by the Council Whereas, this resolution consti- respect to the neighborhood that it on August 18, 2010; and tutes an emergency measure provid- substantially interferes with public Whereas, this Council wishes to ing for the immediate preservation decency, sobriety, peace or good withdraw its objection to the above of the public peace, prosperity, safe- order; and renewal and consents to said renew- ty and welfare pursuant to Section Whereas, this objection is based al; and 4303.26 of the Ohio Revised Code. on other legal grounds as set forth Whereas, this resolution consti- Council’s objection to said permit in Revised Code Section 4303.292; tutes an emergency measure provid- must be received by the Director of and ing for the usual daily operation of Liquor Control within 30 days of Whereas, this resolution consti- a municipal department; now, there- notification; now, therefore, tutes an emergency measure provid- fore, Be it resolved by the Council of ing for the immediate preservation Be it resolved by the Council of the City of Cleveland: of the public peace, prosperity, safe- the City of Cleveland: Section 1. That Council does here- ty and welfare pursuant to Section Section 1. That objection to a D2, by record its objection to the trans- 4303.26 of the Ohio Revised Code. D2X, D3 and D3A Liquor Permit to fer of ownership of a D5 Liquor Per- Council’s objection to said permit Speakeasy Management, Inc., 3180-84 mit from Cal Ger, LLC, DBA Mem- must be received by the Director of West 25th Street, 1st floor and base- phis Station, 6101 Memphis Avenue, Liquor Control within 30 days of ment, Cleveland, Ohio 44109, Perma- Cleveland, Ohio 44144, Permanent notification; now, therefore, nent Number 8412882 be and the Number 1184084 to Memphis Station, Be it resolved by the Council of same is hereby withdrawn and Res- LLC, DBA Memphis Station, 6101 the City of Cleveland: olution No. 1122-10, containing such Memphis Avenue, Cleveland, Ohio Section 1. That Council does here- objection, be and the same is here- 44144, Permanent Number 5830264; by record its objection to the trans- by repealed and that this Council and requests the Director of Liquor fer of ownership of a C1 Liquor Per- consents to the immediate renewal Control to set a hearing for said mit from Ridas Deli, Inc., 2101 Deni- thereof. application in accordance with pro- son Avenue, 1st floor, Cleveland, Section 2. That this resolution is visions of Section 4303.26 of the Ohio 44109, Permanent Number hereby declared to be an emergency Revised Code of Ohio. 7363142 to Denison, LLC, 2101 Deni- measure and provided it receives the Section 2. That the Clerk of Council son Avenue, 1st floor, Cleveland, affirmative vote of two-thirds of all be and she is hereby directed to trans- Ohio 44109, Permanent Number the members elected to Council, it mit two certified copies of this resolu- 2166600; and requests the Director of shall take effect and be in force imme- tion, together with two copies of a let- Liquor Control to set a hearing for diately upon its adoption and ter of objection and two copies of a said application in accordance with approval by the Mayor; otherwise, it letter requesting that the hearing be provisions of Section 4303.26 of the shall take effect and be in force from held in Cleveland, Cuyahoga County. Revised Code of Ohio. and after the earliest period allowed Section 3. That this resolution is Section 2. That the Clerk of Council by law. hereby declared to be an emergency be and she is hereby directed to trans- Adopted May 23, 2011. measure and, provided it receives the mit two certified copies of this resolu- Effective May 28, 2011. affirmative vote of two-thirds of all tion, together with two copies of a let- the members elected to Council, it ter of objection and two copies of a shall take effect and be in force imme- letter requesting that the hearing be diately upon its adoption and held in Cleveland, Cuyahoga County. Res. No. 769-11. approval by the Mayor; otherwise, it Section 3. That this resolution is By Council Member Kelley. shall take effect and be in force from hereby declared to be an emergency An emergency resolution objecting and after the earliest period allowed measure and, provided it receives the to the transfer of ownership of a C1 by law. affirmative vote of two-thirds of all Liquor Permit to 3179 Scranton Road, Adopted May 23, 2011. the members elected to Council, it 1st floor front. Effective May 28, 2011. shall take effect and be in force imme- Whereas, Council has been noti- diately upon its adoption and fied by the Department of Liquor approval by the Mayor; otherwise, it Control of an application for the shall take effect and be in force from transfer of ownership of a D5 Liquor Res. No. 770-11. and after the earliest period allowed Permit from Cal Ger, LLC, DBA By Council Member Cimperman. by law. Memphis Station, 6101 Memphis An emergency resolution objecting Adopted May 23, 2011. Avenue, Cleveland, Ohio 44144, Per- to the transfer of ownership of a C1 Effective May 28, 2011. manent Number 1184084 to Memphis Liquor Permit to 2101 Denison Station, LLC, DBA Memphis Station, Avenue. 6101 Memphis Avenue, Cleveland, Whereas, Council has been noti- Ohio 44144, Permanent Number fied by the Department of Liquor Res. No. 772-11. 5830264; and Control of an application for the By Council Members Zone, Bran- Whereas, the granting of this transfer of ownership of a C1 Liquor catelli, Cleveland, Cummins, West- application for a liquor permit to Permit from Ridas Deli, Inc., 2101 brook and Cimperman. this high crime area, which is Denison Avenue, 1st floor, Cleve- An emergency resolution support- already saturated with other liquor land, Ohio 44109, Permanent Number ing the Safe and Complete Streets Act outlets, is contrary to the best inter- 7363142 to Denison, LLC, 2101 Deni- of 2011, H.R. 1760. ests of the entire community; and son Avenue, 1st floor, Cleveland, Whereas, last week, Congression- Whereas, the applicant does not Ohio 44109, Permanent Number al Representatives Steve LaTourette qualify to be a permit holder and/or 2166600; and and Doris Matsui introduced the has demonstrated that he has oper- Whereas, the granting of this Safe and Complete Streets Act of ated his liquor business in disregard application for a liquor permit to 2011, H.R. 1780, a bill requiring that of the laws, regulations or local this high crime area, which is new street and transportation pro- ordinances of this state or any other already saturated with other liquor jects undertaken by state depart- state; and outlets, is contrary to the best inter- ments of transportation and metro- Whereas, the place for which the ests of the entire community; and politan planning organizations permit is sought has not conformed Whereas, the applicant does not (“MPOs”) be designed with “pedes- to the building, safety or health qualify to be a permit holder and/or trians, bicyclists, public transit requirements of the governing body has demonstrated that he has oper- users, children, older individuals, of this County or City; and ated his liquor business in disregard individuals with disabilities, Whereas, the place for which the of the laws, regulations or local motorists, and freight vehicles” in permit is sought is so arranged or ordinances of this state or any other mind; and constructed that law enforcement state; and Whereas, H.R. 1780 calls for con- officers or agents of the Department Whereas, the place for which the sideration of the “safety and conve- of Liquor Control are prevented rea- permit is sought has not conformed nience” of all users in “all phases of 922 June 1, 2011 The City Record 15 project planning and development”; Whereas, the place for which the Medical Center being used by the and permit is sought is so arranged or Division of Emergency Medical Ser- Whereas, currently, 23 states, the constructed that law enforcement vices for the public purpose of better District of Columbia, Puerto Rico officers or agents of the Department providing emergency medical ser- and more than 2,000 regional and of Liquor Control are prevented rea- vices for the City of Cleveland, for a local communities have adopted sonable access to the establishment; period of two years, with five two- some form of Complete Streets poli- and year options to renew. The first of the cies to enhance public safety, lower Whereas, the place for which the two-year options to renew may not be transportation costs and promote permit is sought is so located with exercised without additional legisla- walking, bicycling and public tran- respect to the neighborhood that it tive authority. If such additional leg- sit as sustainable alternatives; and substantially interferes with public islative authority is granted and the Whereas, this legislation would decency, sobriety, peace or good first of the two-year options to renew require that states and MPOs craft order; and is exercised, then the second of the and adhere to a Complete Streets Whereas, this objection is based two-year options to renew may be policy, under the guidance of the on other legal grounds as set forth exercisable at the option of the Direc- U.S. DOT, which would apply to all in Revised Code Section 4303.292; tor of Public Safety, without the federally funded projects; and and necessity of obtaining additional Whereas, the Complete Streets Whereas, this resolution consti- authority of this Council. The third of effort requires communities to plan tutes an emergency measure provid- the two-year options to renew may not roadways and transportation corri- ing for the immediate preservation be exercised without additional leg- of the public peace, prosperity, safe- dors to accommodate all potential islative authority. If such additional ty and welfare pursuant to Section uses and transportation modes and legislative authority is granted and 4303.26 of the Ohio Revised Code. plan for the elderly, handicapped the third of the two-year options to Council’s objection to said permit renew is exercised, then the fourth of and children, in addition to public must be received by the Director of transit, cars and trucks; and the two-year options to renew may be Liquor Control within 30 days of exercisable at the option of the Direc- Whereas, the City of Cleveland is notification; now, therefore, researching and will soon introduce tor of Public Safety, without the Be it resolved by the Council of necessity of obtaining additional Complete Streets legislation to the City of Cleveland: improve Bike and pedestrian access authority of this Council. The fifth Section 1. That Council does here- two-year option to renew may not be and improve mobility on street, by record its objection to a New C1 streetscape and bridge improvement exercised without additional legisla- Liquor Permit at West 25th Gas & tive authority. projects; and Go, Inc., 3474 West 25th Street, Section 2. That the contribution to Whereas, this resolution consti- Cleveland, Ohio 44109, Permanent be made by the City for use of the tutes an emergency measure for the Number 9526440, and requests the immediate preservation of public Director of Liquor Control to set a bases will be fair consideration for peace, property, health, or safety, hearing for said application in value and benefit to be derived by the now, therefore, accordance with provisions of Sec- City under the agreement and the Be it resolved by the Council of tion 4303.26 of the Revised Code of agreement will promote the public the City of Cleveland: Ohio. purpose stated in Revised code Sec- tion 140.02. Section 1. That this Council sup- Section 2. That the Clerk of Council Section 3. That this ordinance is ports the Safe and Complete Streets be and she is hereby directed to trans- declared to be an emergency measure Act of 2011, H.R. 1780. mit two certified copies of this resolu- and, provided it receives the affirma- Section 2. That the Clerk of Council tion, together with two copies of a let- tive vote of two-thirds of all the mem- is hereby directed to transmit certi- ter of objection and two copies of a bers elected to Council, it shall take fied copies of this resolution to all letter requesting that the hearing be effect and be in force immediately members Congress representing held in Cleveland, Cuyahoga County. upon its passage and approval by the and Cuyahoga County. Section 3. That this resolution is Mayor; otherwise it shall take effect Section 3. That this resolution is hereby declared to be an emergency measure and, provided it receives the and be in force from and after the ear- hereby declared to be an emergency affirmative vote of two-thirds of all liest period allowed by law. measure and, provided it receives the the members elected to Council, it Passed May 23, 2011. affirmative vote of two-thirds of all shall take effect and be in force imme- Effective May 28, 2011. the members elected to Council, it diately upon its adoption and shall take effect and be in force imme- approval by the Mayor; otherwise, it diately upon its adoption and shall take effect and be in force from approval by the Mayor; otherwise, it and after the earliest period allowed Ord. No. 215-11. shall take effect and be in force from by law. By Council Member Cummins. and after the earliest period allowed Adopted May 23, 2011. An emergency ordinance authoriz- by law. Effective May 28, 2011. ing the sale of real property as part of Adopted May 23, 2011. the Land Reutilization Program and Effective May 28, 2011. located at 4200 Poe Avenue to Carlos Caraballo and Rosario Caraballo. Ord. No. 1630-10. Whereas, the City of Cleveland has By Council Members Conwell and elected to adopt and implement the Res. No. 773-11. Sweeney (by departmental request). procedures under Chapter 5722 of the By Council Member Cummins. An emergency ordinance authoriz- Ohio Revised Code to facilitate reuti- An emergency resolution objecting ing the Director of Public Safety to lization of nonproductive lands situ- to a New C1 Liquor Permit at 3474 enter into an agreement with Metro- ated within the City of Cleveland; and West 25th Street. Health System for contributions by Whereas, real property acquired Whereas, Council has been noti- the City regarding the use by the under the City’s Land Reutilization fied by the Department of Liquor Division of Emergency Medical Ser- Program is acquired, held, adminis- Control of an application for a New vice of all or part of two bases located tered and disposed by the City of C1 Liquor Permit at West 25th Gas at MetroHealth Medical Center to pro- Cleveland through its Department of & Go, Inc., 3474 West 25th Street, vide emergency medical services for Community Development under the Cleveland, Ohio 44109, Permanent the City of Cleveland, for a period of terms of Chapter 5722 of the Ohio Number 9526240; and two years, with five two-year options Revised Code and Section 183.021 of Whereas, the granting of this to renew, the first, third, and fifth of Codified Ordinances of the City of application for a liquor permit to which are exercisable through addi- Cleveland, 1976; and this high crime area, which is tional legislative authority. Whereas, this ordinance constitutes already saturated with other liquor Whereas, this ordinance constitutes an emergency measure providing for outlets, is contrary to the best inter- an emergency measure providing for the usual daily operation of a munici- ests of the entire community; and the usual daily operation of a munici- pal department; now, therefore, Whereas, the applicant does not pal department; now, therefore, Be it ordained by the Council of the qualify to be a permit holder and/or Be it ordained by the Council of the City of Cleveland: has demonstrated that he has oper- City of Cleveland: Section 1. That under Section ated his liquor business in disregard Section 1. That the Director of Pub- 183.021 of the Codified Ordinances of of the laws, regulations or local lic Safety is authorized to enter into Cleveland, Ohio 1976, the Commission- ordinances of this state or any other an agreement with MetroHealth Sys- er of Purchases and Supplies is autho- state; and tem for contributions by the City for rized to sell the real property, more Whereas, the place for which the all or part of certain utilities and for fully described below, to Carlos Cara- permit is sought has not conformed some maintenance and upkeep in ballo and Rosario Caraballo. to the building, safety or health regard to use by the Division of Emer- Section 2. That the real property to requirements of the governing body gency Medical Service of all or part of be sold pursuant to this ordinance is of this County or City; and two bases located at MetroHealth more fully described as follows: 923 16 The City Record June 1, 2011

P. P. No. 015-11-088 procedures under Chapter 5722 of the of Law and executed by the Mayor on Situated in the City of Cleveland, Ohio Revised Code to facilitate reuti- behalf of the City of Cleveland. The County of Cuyahoga and State of lization of nonproductive lands situ- deed shall contain such provisions as Ohio: and known as being Sublot No. ated within the City of Cleveland; and may be necessary to protect and bene- 16 in G. H. Taylors Subdivision of part Whereas, real property acquired fit the public interest including such of Original Brooklyn Township Lot under the City’s Land Reutilization restrictive covenants and reversion- No. 55, as shown by the recorded plat Program is acquired, held, adminis- ary interests as may be specified by in Volume 16 of Maps, Page 22 of tered and disposed by the City of the Board of Control, the Director of Cuyahoga County Records; and being Cleveland through its Department of Community Development or the 40 feet front on the Northeasterly side Community Development under the Director of Law. of Poe Avenue and extending back terms of Chapter 5722 of the Ohio Section 6. That this ordinance is 115.11 feet on the Northwesterly line, Revised Code and Section 183.021 of hereby declared to be an emergency 127.38 feet on the Southeasterly line, Codified Ordinances of the City of measure and, provided it receives the and having a rear line of 41.83 feet, as Cleveland, 1976; and affirmative vote of two-thirds of all appears by said plat, be the same Whereas, this ordinance constitutes the members elected to Council, it more or less, but subject to all legal an emergency measure providing for shall take effect and be in force imme- highways. the usual daily operation of a munici- diately upon its passage and approval Section 3. That all documents neces- pal department; now, therefore, by the Mayor; otherwise it shall take sary to complete the conveyance Be it ordained by the Council of the effect and be in force from and after authorized by this ordinance shall be City of Cleveland: the earliest period allowed by law. executed within six (6) months of the Section 1. That under Section Passed May 23, 2011. effective date of this ordinance. If all 183.021 of the Codified Ordinances of Effective May 28, 2011. of the documents are not executed Cleveland, Ohio 1976, the Commission- within six (6) months of the effective er of Purchases and Supplies is autho- date of this ordinance, or such addi- rized to sell the real property, more tional time as may be granted by the fully described below, to Zuleyka Ord. No. 455-11. Director of Community Development, Luciano. By Council Members K. Johnson this ordinance shall be repealed and Section 2. That the real property to and Sweeney (by departmental shall be of no further force or effect. be sold pursuant to this ordinance is request). Section 4. That the consideration more fully described as follows: for the subject parcel shall be estab- An emergency ordinance authoriz- ing the Director of Public Works to lished by the Board of Control and P. P. No. 016-13-025 enter into an agreement with the shall be not less than Fair Market Situated in the City of Cleveland, Neighborhood Leadership Institute to Value taking into account such terms County of Cuyahoga and State of implement educational, recreational and conditions, restrictions and Ohio: and known as being Sublot No. covenants as are deemed necessary or 157 in James M. Hoyt’s Subdivision of and cultural programs in various appropriate. part of Original Brooklyn Township school buildings and recreation cen- Section 5. That the conveyance Lot No. 47, as shown by the recorded ters, provide leadership training and authorized hereby shall be made by plat in Volume 3 of Maps, Page 16 of. conduct citywide tennis programs. official deed prepared by the Director Cuyahoga County Records, and being Whereas, based on recommenda- of Law and executed by the Mayor on 40.00 feet front on the Westerly side of tions made by the Cleveland Summit behalf of the City of Cleveland. The West 48th Street (formerly Hartford on Education, certain pilot programs deed shall contain such provisions as were created; and may be necessary to protect and bene- Street) and extending back 125.00 feet on the Northerly line, 125.00 feet on Whereas, this ordinance constitutes fit the public interest including such an emergency measure providing for restrictive covenants and reversion- the Southerly line and having rear line of 40 feet, which as also the East- the usual daily operation of a munici- ary interests as may be specified by pal department; now, therefore, the Board of Control, the Director of erly line of an alley, 14 feet wide, as appears by said plat, be the same Be it ordained by the Council of the Community Development or the City of Cleveland: Director of Law. more or less, but subject to all legal highways. Section 1. That the Director of Pub- Section 6. That this ordinance is lic Works is authorized to enter into hereby declared to be an emergency Section 3. That all documents neces- an agreement with Neighborhood measure and, provided it receives the sary to complete the conveyance Leadership Institute to implement affirmative vote of two-thirds of all authorized by this ordinance shall be educational, recreational and cultural the members elected to Council, it executed within six (6) months of the shall take effect and be in force imme- effective date of this ordinance. If all programs in various school buildings diately upon its passage and approval of the documents are not executed and recreation centers, provide lead- by the Mayor; otherwise it shall take within six (6) months of the effective ership training and conduct citywide effect and be in force from and after date of this ordinance, or such addi- summer tennis programs, in an the earliest period allowed by law. tional time as may be granted by the amount not to exceed $289,511, Passed May 23, 2011. Director of Community Development, payable from Fund Nos. 01-7004-6380, Effective May 28, 2011. this ordinance shall be repealed and Request No. RQS 7004, RL 2011-24. shall be of no further force or effect. Section 2. That this ordinance is Section 4. That the consideration declared to be an emergency measure for the subject parcel shall be estab- and, provided it receives the affirma- Ord. No. 216-11. lished by the Board of Control and tive vote of two-thirds of all the mem- By Council Member Cummins. shall be not less than Fair Market bers elected to Council, it shall take An emergency ordinance authoriz- Value taking into account such terms effect and be in force immediately ing the sale of real property as part of and conditions, restrictions and upon its passage and approval by the the Land Reutilization Program and covenants as are deemed necessary or Mayor; otherwise it shall take effect located at 3198 West 48th Street to appropriate. and be in force from and after the ear- Zuleyka Luciano. Section 5. That the conveyance liest period allowed by law. Whereas, the City of Cleveland has authorized hereby shall be made by Passed May 23, 2011. elected to adopt and implement the official deed prepared by the Director Effective May 28, 2011.

Ord. No. 462-11. By Council Members Kelley, Mitchell and Sweeney (by departmental request). An emergency ordinance to approve rates and charges for water service, and to amend various Sections of Chap- ters 531, 533, and 535 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances; and to repeal Sections 535.07 and 535.32, as amended by Ordinance No. 1092-59, passed April 27, 1959 and Ordinance No. 99566, passed May 22, 1933, relating to rates, fees, and charges for water and water-related services. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the rates, rules, and regulations of the Division of Water, Department of Public Utilities, for water service, fixed by the Board of Control by Resolution No. ______, adopted ______, are approved. Section 2. That the following sections of the Codified Ordinances of Cleveland, Ohio, 1976: Section 531.81, as amended by Ordinance No. 778-06, passed June 5, 2006, Section 533.01, as amended by Ordinance No. 778-06, passed June 5, 2006,

924 June 1, 2011 The City Record 17

Section 533.16, as enacted by Ordinance No. 778-06, passed June 5, 2006, Section 535.04, as amended by Ordinance No. 1567-07, passed October 29, 2007, Section 535.05, as amended by Ordinance No. 1271-07, passed August 8, 2007, Section 535.06, as amended by Ordinance No. 347-08, passed June 2, 2008, Section 535.10, as enacted by Ordinance No. 1240-51, passed June 18, 1951, Section 535.12, as enacted by Ordinance No. 778-06, passed June 5, 2006, Section 535.15, as enacted by Ordinance No. 284-A-88, passed February 6, 1989, and Section 535.21, as amended by Ordinance No. 778-06, passed June 5, 2006, are amended to read as follows:

Section 531.81 Fees for Engineering Services The Division of Water shall charge for engineering services it performs, such as plan reviews, hydraulic cal- culations, provision of copies of engineering drawings, processing of backflow device test and maintenance forms, conducting testing to certify contractors to perform backflow device testing and processing as-built drawings. A deposit for as-built drawings shall be collected prior to construction and shall be refunded, less the processing fee, when as-built drawings have been approved by the Division of Water. The deposit will not be refunded when the as-built drawings are incomplete or have not been submitted. Fees for processing as-built drawings shall be charged based upon the submittal format. All charges shall be under Section 535.06 of the Codified Ordi- nances.

Section 533.01 General Provisions (a) All Connections. (1) All water service connections and service pipes from water distribution mains supplied with water by the City shall be metered by a water meter, except connections for construction purposes or fire protection. (2) Metering devices shall be supplied by the Division of Water, and shall remain the property of the City. (3) Charges for metering devices and their installation and/or replacement shall be under Section 535.06 of the Codified Ordinances. (4) Charges for metering devices supplied by the City and for their installation by the City shall be borne by the owner of or the person applying for water service to the premises. (5) Excepting private re-registering and sewer-exempt meters, metering devices shall be replaced and/or repaired by and at the expense of the Division. (b) New Connections. (1) All new service connections and service pipes from all water distribution mains supplied with water by the City shall be metered by a water meter pursuant to the rules and regulations of the Division of Water. (2) When vaults are required, they shall be furnished by the owner or customer and approved by the Com- missioner. Vaults shall be installed by the owner or customer in strict conformity with the rules and regulations of the Department of Public Utilities. (3) Once access to domestic water is established, but prior to a meter being installed, water consumption shall be estimated and billed at the amounts shown in the table below, at the applicable service district rates where the premise is located.

Connection (Size) Daily MCF to be Billed

5/8" 0.04 3/4" 0.04 1" 0.05 1 1/2" 0.25 2" 0.43 3" 1.15 4" 2.45 6" 7.36 8" 13.13 10" 20.00 12" 25.65

(c) Existing Connections. (1) Meters on existing service connections and service pipes shall be replaced on request of the owner or when deemed necessary by the Commissioner, subject to approval by the Director, to prevent waste or to protect the integrity of the water system or to continue the policy of metering all consumers, pursuant to rules and regula- tions by the Commissioner, subject to approval by the Director. (2) Replacement, repair and maintenance of metering devices shall be performed only by authorized employ- ees of the Division or by other authorized representatives of the Division. (3) Charges for installation and/or replacement of metering devices may be prorated on the water bill for a period of not more than four years or may be paid in a lump sum. (d) Rules and Regulations. The Director shall make and amend written rules and regulations necessary to effectuate the provisions of this chapter. The rules and regulations shall not conflict with nor waive any provi- sions of these Codified Ordinances.

Section 533.16 Charges for Reading Registering Meters The charge for reading each private re-registering meter shall be under Section 535.06 of the Codified Ordi- nances. This charge shall be added to and made a part of the monthly or quarterly charge for water furnished through the main meter.

Section 535.04 Water Rates (a) Water Rates 925 18 The City Record June 1, 2011

(1) Quarterly Water Rate Schedule for Direct Service Accounts

Fixed Charge*

(Expressed in Dollars per quarter)

Description 2011 2012 2013 2014 2015

Homestead $12.50 $12.50 $14.00 $15.50 $17.00 5/8" to 1" Meter $18.00 $18.00 $21.00 $24.00 $27.00 1 1/2" to 2" Meter $36.00 $36.00 $41.00 $47.00 $53.00 3" to 4" Meter $120.00 $120.00 $140.00 $160.00 $180.00 6" Meter $220.00 $220.00 $250.00 $290.00 $320.00 8" Meter $330.00 $330.00 $380.00 $430.00 $480.00 10" Meter $410.00 $410.00 $480.00 $540.00 $610.00 12" Meter $500.00 $500.00 $570.00 $650.00 $730.00

* Fixed Charge for Compound Meters is based upon the larger size. Also, Fixed Charges are not prorated but apply to all quarterly bills generated in a specific calendar year.

Water Consumption Charges ** (Expressed in Dollars per MCF)

Description 2011 2012 2013 2014 2015

City of Cleveland Regular Rates 0 to 1 MCF $12.58 0 to .6 MCF N/A $13.76 $15.51 $17.34 $19.26 Additional MCFs $26.90 $27.52 $29.48 $31.22 $32.74

Homestead - All MCFs $5.59 $6.88 $8.53 $10.41 $12.52

Low and 1st High Service Suburbs Regular Rates 0 to 1 MCF $19.50 0 to .6 MCF N/A $20.47 $22.11 $23.63 $25.04 Additional MCFs $41.70 $41.70 $42.01 $42.53 $42.56

Homestead - All MCFs $8.66 $10.23 $12.16 $14.18 $16.27

2nd High Service Suburbs Regular Rates 0 to 1 MCF $22.64 0 to .6 MCF N/A $24.08 $26.38 $28.62 $30.82 Additional MCFs $48.42 $48.42 $50.11 $51.51 $52.39

Homestead - All MCFs $10.06 $12.04 $14.51 $17.17 $20.03

3rd High Service Suburbs*** Regular Rates 0 to 1 MCF $25.91 0 to .6 MCF N/A $27.62 $30.33 $33.00 $35.63 Additional MCFs $55.41 $55.41 $57.63 $59.39 $60.57

Homestead - All MCFs $11.52 $13.81 $16.68 $19.80 $23.16

** Water Consumption Charges are prorated if a billing cycle covers a multi-year period. *** including all direct service communities in Medina, Summit and Geauga Counties

(2) Monthly Water Rate Schedule for Direct Service Accounts

Fixed Charge* (Expressed in Dollars per month)

Description 2011 2012 2013 2014 2015

All Accounts

5/8’’to 1" Meter $6.00 $6.00 $7.00 $8.00 $9.00 1 1/2" to 2" Meter $12.00 $12.00 $14.00 $16.00 $18.00 3" to 4" Meter $40.00 $40.00 $47.00 $53.00 $60.00 6" Meter $73.00 $73.00 $83.00 $97.00 $107.00 8" Meter $110.00 $110.00 $127.00 $143.00 $160.00 10" Meter $137.00 $137.00 $160.00 $180.00 $203.00 12" Meter $167.00 $167.00 $190.00 $217.00 $243.00

* Fixed Charge for Compound Meters is based upon the larger size Also, Fixed Charges are not prorated but apply to all monthly bills generated in a specific calendar year. 926 June 1, 2011 The City Record 19

Water Consumption Charges** (Expressed in Dollars per MCF)

Description 2011 2012 2013 2014 2015

City of Cleveland Regular Rates 0 to .33 MCF $12.58 0 to .2 MCF N/A $13.76 $15.51 $17.34 $19.26 Additional MCFs $26.90 $27.52 $29.48 $31.22 $32.74

Homestead - All MCFs $5.59 $6.88 $8.53 $10.41 $12.52

Low and 1st High Service Suburbs Regular Rates 0 to .33 MCF $19.50 0 to .2 MCF N/A $20.47 $22.11 $23.63 $25.04 Additional MCFs $41.70 $41.70 $42.01 $42.53 $42.56

Homestead - All MCFs $8.66 $10.23 $12.16 $14.18 $16.27

2nd High Service Suburbs Regular Rates 0 to .33 MCF $22.64 0 to .2 MCF N/A $24.08 $26.38 $28.62 $30.82 Additional MCFs $48.42 $48.42 $50.11 $51.51 $52.39

Homestead - All MCFs $10.06 $12.04 $14.51 $17.17 $20.03

3rd High Service Suburbs***

Regular Rates 0 to .33 MCF $25.91 0 to .2 MCF N/A $27.62 $30.33 $33.00 $35.63 Additional MCFs $55.41 $55.41 $57.63 $59.39 $60.57

Homestead - All MCFs $11.52 $13.81 $16.68 $19.80 $23.16

** Water consumption charges are prorated if a billing cycle covers a multi year period. *** including all direct service communities in Medina, Summit and Geauga Counties

(3) Monthly Master Meter Water Rate Schedule

Water Consumption Charges

(Expressed in Dollars per MCF)

Community 2011 2012 2013 2014 2015

Bedford $31.54 $31.54 $31.54 $32.53 $33.35 Chagrin Falls $35.76 $35.76 $36.14 $37.51 $38.56 Cleveland Heights $31.50 $31.50 $31.50 $32.53 $33.35 Lakewood $27.10 $27.10 $27.10 $27.10 $27.10 Geauga County $38.72 $38.72 $38.72 $38.72 $38.72

(4) Emergency Stand By Water Rate Schedule

Water Consumption Charges

(Expressed in Dollars per MCF)

Community 2011 2012 2013 2014 2015

Berea $39.44 $39.44 $39.44 $39.44 $39.44 Lake County $38.36 $38.36 $38.36 $38.36 $38.36 Lorain County $39.44 $39.44 $39.44 $39.44 $39.44 North Ridgeville $31.41 $31.41 $31.41 $31.41 $31.41 Medina County $45.72 $45.72 $45.72 $45.72 $45.72 Summit County $45.72 $45.72 $45.72 $45.72 $45.72 Hudson $45.72 $45.72 $45.72 $45.72 $45.72 Portage County $45.72 $45.72 $45.72 $45.72 $45.72

1 MCF = approximately 7,500 gallons

(b) For Master Meter communities. All bills for water furnished shall be rendered monthly to the municipali- ty or district to which water is so furnished, and if not paid within fifteen (15) days after the date of billing by the City of Cleveland, such bills shall be subject to a penalty of five percent added thereto. In the event that 927 20 The City Record June 1, 2011 any monthly bill is not paid within four (4) months after written notice is given by the City of Cleveland, the City of Cleveland may, at is option, cease to furnish water to such municipality or district pending payment of any overdue amount. (c) Rates for Standby Emergency Water Service. The rates to be charged for standby emergency water service shall consist of an annual standby fee of $3600.00 per year in addition to the charge for consumption provided in division (a) of this section. Standby fees for standby emergency water service shall be payable in advance. All bills for water furnished under this section shall be rendered upon the termination of customer’s emergency period or, if the duration of the emergency is longer than thirty days, in thirty day intervals. In the event that any standby fee is not paid in advance or any consumption bill is not paid within four months after written notice is given by the City of Cleveland, the City of Cleveland may at its option, cease to furnish standby emer- gency water service to such customer pending payment of any overdue amount. (d) Large Industrial Customers. All water used in excess of 62,500,000 cubic feet during a three month billing period shall be charged at a rate of seventy-five percent (75%) of the rate prescribed in this section for water used in excess of one thousand (1,000) cubic feet. (e) Customers supplied from more than one service district. Customers with premises supplied with water from more than one service district shall be billed at the rate for the service district from which the predominant quantity of water is supplied. (f) Water rates shall be charged based on the location of the water meter when determining whether a water account is located within City of Cleveland or a suburban community, or whether it is located within Cuyahoga County. (g) All rates shall be effective on January 1 of each year, except for 2011 which shall be effective July 16, 2011.

Section 535.05 Affordability Programs (a) Special Homestead Rate. Homesteads that are single family residential property owned and occupied by a person sixty-five years of age or older whose total annual income does not exceed the limits listed below or home- steads that are single family residential property owned and occupied by a person permanently and totally dis- abled whose total annual income does not exceed the limits listed below may be eligible for the special home- stead rate established for the service district in which the homestead is located under Section 535.04 of these Cod- ified Ordinances. The Director of Public Utilities shall prescribe the application form for the homestead rates and have final approval of all applications.

Income Limits: Year Total Annual Income 2011 $30,000 2012 $30,500 2013 $31,000 2014 $31,500 2015 $32,000

(b) The Director of Public Utilities may establish an affordability program to provide assistance to eligible low-income customers. The program may offer a reduction of forty percent (40%) from the water bill for resi- dential customers who have been qualified to receive assistance through the federally funded Home Energy Assis- tance Program. The Director of Public Utilities shall set the guidelines for administering the affordability pro- gram and have final approval of all applications.

Section 535.06 Fees and Charges

(a) New Connections (taps, fire supply) (ductile iron prices)

2011 2012 2013 2014 2015

1" $299 $310 $320 $332 $342 1 1/2" $1,430 $1,479 $1,527 $1,587 $1,636 2" $1,551 $1,604 $1,656 $1,721 $1,775 3" $1,560 $1,614 $1,666 $1,732 $1,785 4" $1,990 $2,059 $2,126 $2,209 $2,277 6" $2,094 $2,165 $2,236 $2,323 $2,396 8" $2,355 $2,436 $2,515 $2,613 $2,695 10" $2,804 $2,900 $2,994 $3,111 $3,208 12" $3,925 $4,060 $4,191 $4,355 $4,491 for concrete pipe add 55% surcharge

(b) Curb Valves (Flat Rate Labor only)

2011 2012 2013 2014 2015

1 1/2" $144 $149 $153 $159 $164 2" $144 $149 $153 $159 $164 3" $287 $297 $307 $319 $329 4" $287 $297 $307 $319 $329 6" $287 $297 $307 $319 $329 8" $287 $297 $307 $319 $329 10" $431 $446 $460 $478 $493 12" $431 $446 $460 $478 $493

(c) Tapping Sleeve and Valve (for tying new main to existing main) 928 June 1, 2011 The City Record 21

2011 2012 2013 2014 2015

8" or less $2,355 $2,436 $2,515 $2,613 $2,695 10" $2,804 $2,900 $2,994 $3,111 $3,208 12" $3,925 $4,060 $4,191 $4,355 $4,491 16" or greater (deposit + cost) $5,011 $5,243 $5,484 $5,745 $6,008

for concrete pipe add 55% surcharge

(d) Plugging Connections (fee only includes actual plugging of connection; excavation and restoration will be invoiced at cost)

2011 2012 2013 2014 2015

<2" $1,599 $1,675 $1,753 $1,837 $1,923 2" - 12" $2,132 $2,232 $2,337 $2,449 $2,563 >12" $2,665 $2,790 $2,921 $3,061 $3,203

(e) Meter Settings 2011 2012 2013 2014 2015

1" or smaller $157 $162 $167 $174 $179 1 1/2" $470 $486 $502 $522 $538 2" $470 $486 $502 $522 $538 3" $470 $486 $502 $522 $538 4" $618 $639 $660 $686 $707 6" $812 $840 $868 $902 $930 8" $1,027 $1,063 $1,097 $1,140 $1,176 10" $1,293 $1,338 $1,381 $1,435 $1,480 12" $1,582 $1,636 $1,689 $1,755 $1,810

(f) Install/Replace Meters 2011 2012 2013 2014 2015

1" or smaller - vault setting $191 $251 $258 $296 $307 1" or smaller - inside setting w/ remote reading device $235 $297 $305 $344 $358 1" vault setting $224 $286 $293 $333 $345 1" - inside setting w/ remote reading device $275 $339 $348 $390 $404 2" $281 $366 $376 $417 $432 3" $780 $883 $909 $972 $1,004 4" $1,387 $1,511 $1,558 $1,645 $1,698 6" $2,983 $3,162 $3,262 $3,416 $3,524 8" $5,005 $5,253 $5,421 $5,659 $5,838 10" $5,959 $6,239 $6,439 $6,718 $6,929 12" $8,341 $8,704 $8,984 $9,362 $9,655 2" compound $1,779 $1,948 $2,007 $2,141 $2,213 3" compound $2,171 $2,375 $2,448 $2,599 $2,684 4" compound $2,562 $2,780 $2,866 $3,033 $3,131 6" compound $4,413 $4,695 $4,843 $5,087 $5,250 8" compound $7,017 $7,388 $7,623 $7,976 $8,229 10" compound $8,355 $8,771 $9,052 $9,460 $9,759 12" compound $11,695 $12,226 $12,619 $13,167 $13,581

(g) Regulators 2011 2012 2013 2014 2015

8" (cost plus) $2,478 $2,566 $2,655 $2,748 $2,845 12" (cost plus) $4,131 $4,275 $4,425 $4,580 $4,740

(h) Water Use From Hydrants and Other Unmetered Sources

2011 2012 2013 2014 2015

Permit $40 $42 $44 $46 $48

Volume Charge Charged at additional MCF rate in applicable rate district ($/MCF/service area) where hydrant is located

Meter/Valve/BF $1,125 $1,150 $1,175 $1,200 $1,225 Assembly Refundable Deposit Meter Rental Fee $35 1st wk; $35 1st wk; $35 1st wk; $35 1st wk; $35 1st wk; $25/wk $25/wk $25/wk $25/wk $25/wk after after after after after 929 22 The City Record June 1, 2011

(i) Miscellaneous Engineering Services

2011 2012 2013 2014 2015

Copy fee for roll maps, $0.30 $0.32 $0.34 $0.36 $0.38 engineering dwgs. - per sq. ft

Plan reviews – per plan & $500 $510 $520 $530 $540 profile dwg.* containing water work

As-Built Creation – $500 $500 $500 $500 $500 refundable deposit – per plan & profile dwg.* containing water work

As-built processing fee – per plan profile dwg.* containing water work Hard or paper copier – $250 $250 $250 $250 $250 per dwg. AutoCad format – $100 $100 $100 $100 $100 per dwg. GIS format per CWD $25 $25 $25 $25 $25 stds. – per dwg.

Plumber Certification $44 $46 $47 $49 $51

Backflow Prevention testing $5 $6 $7 $8 $9 fee – CWD professing fee Backflow Prevention testing fee – $9.95 $9.95 $9.95 $9.95 $9.95 vendor processing fee * D-size drawing

(j) Disinfection of Water Mains

2011 2012 2013 2014 2015

charges for min. per ft. min. per ft. min. per ft. min. per ft. min. per ft. services: charges charge* charges charge* charges charge* charges charge* charges charge*

4" diameter $660 $0.55 $684 $0.57 $720 $0.60 $756 $0.63 $792 $0.66 6" $660 $0.55 $684 $0.57 $720 $0.60 $756 $0.63 $792 $0.66 8" $840 $0.70 $888 $0.74 $936 $0.78 $972 $0.81 $1,032 $0.86 10" $840 $0.70 $888 $0.74 $936 $0.78 $972 $0.81 $1,032 $0.86 12" $1,032 $0.86 $1,080 $0.90 $1,140 $0.95 $1,200 $1.00 $1,260 $1.05 16" $1,140 $0.95 $1,188 $0.99 $1,248 $1.04 $1,308 $1.09 $1,380 $1.15 20" or greater $3,200 $3,300 $3,400 $3,500 $3,600 (deposit deposit, deposit, deposit, deposit, deposit, + cost) invoiced invoiced invoiced invoiced invoiced invoiced at actual at actual at actual at actual at actual at actual cost cost cost cost cost cost

* per ft. charge applies only when the minimum is exceeded

Come Back Fee $350 $360 $370 $380 $390

(k) Meter Test at Customer’s Request (red tag, flow test)

2011 2012 2013 2014 2015

1" or less $52 $54 $56 $58 $60 1" to 4" $106 $110 $113 $118 $121 Over 4" $210 $218 $225 $234 $241

(l) Reading Re-registering Meters

2011 2012 2013 2014 2015

($/read) $1.47 $1.54 $1.62 $1.70 $1.79

(m) Special Service Calls by Customer Request

2011 2012 2013 2014 2015

$18 $19 $20 $21 $22 930 June 1, 2011 The City Record 23

(n) Charge for Appointment Broken by Customer

2011 2012 2013 2014 2015

$29 $30 $31 $32 $33

(o) Returned Checks

2011 2012 2013 2014 2015

$30 $31 $32 $33 $34

(p) (1) Quarterly Flat Rate for Unmetered Fire Line Service

2011 2012 2013 2014 2015 Connection Size 1 1/2" $41.57 $43.45 $43.93 $44.56 $46.27 2" $41.57 $43.45 $43.93 $44.56 $46.27 3" $41.57 $43.45 $43.93 $44.56 $46.27 4" $113.08 $118.20 $119.51 $121.23 $125.87 6" $162.96 $170.34 $172.23 $174.70 $181.39 8" $291.00 $304.17 $307.55 $311.96 $323.91 10" $455.62 $476.24 $481.53 $488.44 $507.15 12" $621.91 $650.06 $657.28 $666.71 $692.25

(2) Monthly Flat Rate for Unmetered Fire Line Service

2011 2012 2013 2014 2015 Connection Size 1 1/2" $13.86 $14.48 $14.64 $14.85 $15.42 2" $13.86 $14.48 $14.64 $14.85 $15.42 3" $13.86 $14.48 $14.64 $14.85 $15.42 4" $37.69 $39.40 $39.84 $40.41 $41.96 6" $54.32 $56.78 $57.41 $58.23 $60.46 8" $97.00 $101.39 $102.52 $103.99 $107.97 10" $151.87 $158.75 $160.51 $162.81 $169.05 12" $207.30 $216.69 $219.09 $222.24 $230.75

(q) All fees and charges shall be effective on January 1 of each year, except for 2011 which shall be effective July 16, 2011.

(r) The Commissioner may enter into payment arrangements for installment payments of the fees and charges contained in this section or in Section 535.23 when determined to be reasonable by the Commissioner. Failure to make any payment under an arranged payment plan when due shall cause the total unpaid amount to become payable on demand and may lead to termination of water service.

Section 535.10 Water Billing Cycle Water accounts shall be billable and payable at intervals of one or three months, as determined by the Direc- tor of Public Utilities.

Section 535.12 Extension of Time for Payment Water bills shall be paid on or before the date stated on the bill but the Director of Public Utilities may after investigation, grant an extension of time in cases of indigency, emergency, relief and similar conditions. Partial payments may be accepted, properly approved, but bills must be paid in full pursuant to the rules and regula- tions of the Division of Water.

Section 535.15 New Applications for Water Service; Owner Liability; Deposits (a) Applications for the use of water shall be made and accepted in a manner prescribed by the Director of Public Utilities. All accounts for water service shall be established and maintained in the name of the record title owner of the premises served thereby. Any owner of real estate premises to which water is supplied shall be deemed primarily liable for all water and service charges for such premises, whether or not the premises is occupied by the owner, tenant or other persons, and whether or not the account has been established in the name of some other person or entity. In addition, any user and/or occupant of the premises where water service is pro- vided shall be liable for payment for such services. (b) The Director of Public Utilities may require a deposit to be placed on an account whenever the account holder: (1) Does not have an established credit history with the Division of Water. (2) Has received delinquency or termination of service notices and wishes to avoid such termination. (3) Has had service terminated for nonpayment. (4) Is a debtor in a pending case in U.S. Bankruptcy Court. (5) Refuses to allow employees of the Division of Water to enter upon the premises served for the purposes of meter reading, repairs and/or testing. The deposit amount shall equal six average monthly bills or two average quarterly bills on that account which shall be calculated based on the previous twelve (12) months’ consumption at the premises served. (c) Deposits held by the Division of Water shall not be applied to current water or sewer bills. However, a deposit held on an account shall be returned to the depositor if, subsequent to the date of the deposit, 12 con- secutive monthly bills or four consecutive quarterly bills are timely paid. If a deposit is held on an account at 931 24 The City Record June 1, 2011 the time it is closed, the deposit shall be applied to any final amount outstanding, and the balance, if any, shall be returned to the depositor.

Section 535.21 Charges for Unmetered Fire Protection Service within the City and Direct Service Metropolitan Area Water shall be furnished to an unmetered fire protection service connection only for fire protection, testing and maintenance purposes. A charge shall be made for each unmetered fire supply connection within the limits of the City and direct service suburbs. The charge shall be determined by the size of the fire supply connection through which water passes for use on the premises so supplied at the rate for unmetered fire line service under Section 535.06 (p) of the Codified Ordinances. Unauthorized water use through unmetered fire protection service connections shall be billed and charged at the additional MCF rate in the applicable service district. Additional penalties and charges based on consumption may be charged for unauthorized uses of an unmetered fire protec- tion service connection. Charges shall be collected monthly or quarterly for each fire supply connection to cover inspection, testing, sealing and resealing of such service connections, stand-by pumpage capacity, and replacement or cleaning of dis- tribution or trunk water mains to improve the water supply for fire protection purposes.

Section 535.24 Charges for Water from Fire Hydrants (a) In addition to other charges, if water is used from a public fire hydrant, upon special permit only, a charge for the permit and a hydrant rental must be paid in advance under Section 535.06 of the Codified Ordinances. A separate permit shall be issued for each hydrant which shall identify its location. (b) Water may be furnished from a fire hydrant for any special purpose authorized by the Commissioner of the Division of Water. The charge for water so furnished shall be at the additional MCF rate under Section 535.04 for the service district in which the fire hydrant is located. The quantity of water used may be estimated by the Commissioner based on information provided by the user as to the user’s purpose and needs, or the Commissioner may require the installation of a meter at the connection to the hydrant to be used, in which event the user shall pay the cost of installing the meter and the cost of all water measured. Section 3. That the following existing sections of the Codified Ordinances of Cleveland, Ohio, 1976: Section 531.81, as amended by Ordinance No. 778-06, passed June 5, 2006, Section 533.01, as amended by Ordinance No. 778-06, passed June 5, 2006, Section 533.16, as enacted by Ordinance No. 778-06, passed June 5, 2006, Section 535.04, as amended by Ordinance No. 1567-07, passed October 29, 2007, Section 535.05, as amended by Ordinance No. 1271-07, passed August 8, 2007, Section 535.06, as amended by Ordinance No. 347-08, passed June 2, 2008, Section 535-07, as enacted by Ordinance No. 1092-59, passed April 27, 1959, Section 535.10, as enacted by Ordinance No. 1240-51, passed June 18, 1951, Section 535.12, as enacted by Ordinance No. 778-06, passed June 5, 2006, Section 535.15, as enacted by Ordinance No. 284-A-88, passed February 6, 1989, Section 535.21, as amended by Ordinance No. 778-06, passed June 5, 2006, and Section 535.32, as amended by Ord. No. 99566, passed May 22, 1933, are repealed. Section 4. That Council waives the notice requirements contained in division (b) of Section 111.072 of the Cod- ified Ordinances of Cleveland, Ohio, 1976. Section 5. That the Director of Public Utilities shall provide reports to the Chair of the Public Utilities Com- mittee and the Clerk of Council upon each meeting of the Administration’s oversight committee reviewing the progress of the management consulting firm selected under Ordinance No. 138-11, passed January 31, 2011. The management consulting firm shall meet with the Public Utilities Committee at least once during the Spring and twice during the Fall session of Council throughout the entire term of their agreement. Section 6. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed May 23, 2011. Effective May 28, 2011.

Ord. No. 501-11. cal services on a cooperative, non- therance thereof have entered into By Council Members Kelley and profit basis, for the mutual benefit an agreement (“ESPP Agreement”), Sweeney (by departmental request ). of AMP members (“Members”), such a copy of which has been provided An emergency ordinance authoriz- Members, including Municipality, to the Municipality, for AMP to pay ing Cleveland Public Power to par- being, as of the date hereof, politi- VEIC to provide a comprehensive ticipate in the Efficiency Smart cal subdivisions that operate munic- set of energy efficiency services Power Plant energy efficiency pro- ipal electric utility systems in Ohio, (“ESPP Services”) to Municipality gram through American Municipal Kentucky, Michigan, Pennsylvania, for the benefit of Municipality and Power and approving customer Virginia and West Virginia; and its customers designed to lower the charges to fund the program. Whereas, AMP and Municipality total need for higher cost electric Whereas, the City of Cleveland, have entered into a Master Services generation facilities and/or pur- Ohio (“Municipality”) owns and Agreement, AMP Contract No. C-11- chased power and thereby reduce operates an electric utility system 2005-4520, pursuant to which AMP Municipality’s customers’ bills; and for the sale of electric power and provides certain services to Munici- Whereas, AMP and Municipality associated energy for the benefit of pality as set forth in various sched- desire to enter into a Schedule its citizens and taxpayers; and ules to the Master Services Agree- (“ESPP Schedule”), under the MSA, Whereas, American Municipal ment (the “Schedules”); and which provides that AMP will Power, Inc. (“AMP”) formerly Whereas, AMP and the Vermont obtain and sell to Municipality, and known as AMP-Ohio is an Ohio non- Energy Investment Corporation Municipality will agree to take and profit corporation, organized to own (“VEIC”) have negotiated a rela- pay for, a share of the ESPP Ser- and operate facilities, or to provide tionship regarding the implementa- vices which AMP has contracted to otherwise, for the generation, trans- tion of an energy efficiency pro- acquire in the ESPP Agreement; and mission or distribution of electric gram for AMP Members to be Whereas, Municipality has the power and energy, or any combina- known as the Efficiency Smart option to defer payments under the tion thereof, and to furnish techni- Power Plant (“ESPP”) and in fur- ESPP Schedule to better match the 932 June 1, 2011 The City Record 25 expenditures with the energy and Section 7. That the cost of the three- Be it ordained by the Council of cost savings thereunder; and year program shall not exceed the City of Cleveland: Whereas, this ordinance consti- $5,000,000 and shall be paid from Fund Section 1. That the Director of tutes an emergency measure provid- No. 58 SF 001, from funds appropriated Public Utilities is authorized to ing for the usual daily operation of in 2012 and 2013 for this purpose, and employ by contract or contracts one a municipal department; now, there- from the Energy Adjustment Charge or more consultants or one or more fore, as authorized in Section 6 of this ordi- firms of consultants for the purpose Be it ordained by the Council of nance collected in 2011, 2012, and 2013 of supplementing the regularly the City of Cleveland: for this purpose. (RQS 2004, RL 2011- employed staff of the several depart- Section 1. That the ESPP Schedule 67) ments of the City of Cleveland in between Municipality and AMP, sub- Section 8. That this ordinance is order to provide professional ser- stantially in the form placed in File declared to be an emergency measure vices necessary to perform a rate No. 501-11-A, including Appendices and, provided it receives the affirma- study for the Division of Cleveland thereto, are approved, and the Direc- tive vote of two-thirds of all the mem- Public Power. tor of Public Utilities is hereby autho- bers elected to Council, it shall take The selection of the consultants for rized to execute and deliver the ESPP effect and be in force immediately the services shall be made by the Schedule with a term of up to three upon its passage and approval by the Board of Control on the nomination of (3) years and a program budget not to Mayor; otherwise it shall take effect the Director of Public Utilities from a exceed $5,000,000, and with such list of qualified consultants available changes as the Director of Public Util- and be in force from and after the ear- for employment as may be determined ities may approve as neither inconsis- liest period allowed by law. after a full and complete canvass by tent with this Ordinance nor material- Passed May 23, 2011. ly detrimental to the Municipality, his Effective May 28, 2011. the Director of Public Utilities for the execution of the ESPP Schedule to be purpose of compiling a list. The com- conclusive evidence of such approval. pensation to be paid for the services Section 2. That the Director of Pub- shall be fixed by the Board of Control. lic Utilities is hereby authorized to Ord. No. 504-11. The contract or contracts authorized take any action necessary for Munici- By Council Members Polensek, K. shall be prepared by the Director of pality to fulfill its obligations under Johnson and Sweeney (by depart- Law, approved by the Director of Pub- the ESPP Schedule to be a Partici- mental request). lic Utilities, and certified by the pant. An emergency ordinance authoriz- Director of Finance. That upon com- Section 3. That it is found and deter- ing the Director of Public Works to pletion of the rate study, the Director mined that all formal actions of this enter into contract with the Salva- of Public Utilities shall submit copies Council concerning and relating to tion Army for administrating and of the study to the Clerk of Council the passage of this Ordinance were facilitating recreational services in and to the Chair of Public Utilities taken in conformance with applicable Ward 11, for the Division of Recre- Committee within thirty days of open meetings laws and that all delib- ation, Department of Public Works. receipt. erations of this Council and of any Whereas, this ordinance consti- Section 2. That the cost of contract committees that resulted in those for- tutes an emergency measure provid- or contracts authorized shall be paid mal actions were in compliance with ing for the usual daily operation of from Fund No. 58 SF 001, Request No. all legal requirements including any a municipal department; now, there- RQS 2004, RL 2011-38. applicable open meetings require- fore, Section 3. That this ordinance is ments. Be it ordained by the Council of declared to be an emergency measure Section 4. That, if any section, sub- the City of Cleveland: and, provided it receives the affirma- section, paragraph, clause or provi- Section 1. That the Director of tive vote of two-thirds of all the mem- sion or any part thereof of this Ordi- Public Works is authorized to enter bers elected to Council, it shall take effect and be in force immediately nance shall be finally adjudicated by into contract with the Salvation upon its passage and approval by the a court of competent jurisdiction to be Army, Cleveland Temple Corps, Mayor; otherwise it shall take effect invalid, the remainder of this Ordi- 17625 Grovewood Avenue, Cleveland, and be in force from and after the ear- nance shall be unaffected by such Ohio, 44119, or its designee, to liest period allowed by law. adjudication and all the remaining administer and facilitate recreation- Passed May 23, 2011. provisions of this Ordinance shall al services in the Com- Effective May 28, 2011. remain in full force and effect as munity in Ward 11, for the Division though such section, subsection, para- of Recreation, Department of Parks, graph, clause or provision or any part Recreation and Properties, in the thereof so adjudicated to be invalid total sum of $70,000, payable from had not, to the extent of such invalid- Ord. No. 557-11. Fund No. 01-7004-6380, Request No. ity, been included herein. By Council Members Kelley and RQS 7004, RL 2011-22. Section 5. That the amount of Sweeney (by departmental request). Section 2. That this ordinance is $500,000 from CPP’s operating fund An emergency ordinance authoriz- declared to be an emergency mea- shall be allocated to increase the ben- ing the Director of Public Utilities sure and, provided it receives the efits available under the residential to enter into one or more contracts affirmative vote of two-thirds of all ESPP program. with Kubra Data Transfer Ltd. for Section 6. That the costs of the the members elected to Council, it professional services necessary to ESPP for the duration of the program shall take effect and be in force provide online bill payment and bill may be included in the Energy immediately upon its passage and presentation services, for the Divi- Adjustment Charge for customers approval by the Mayor; otherwise it sion of Cleveland Public Power, receiving service under Chapter 523 shall take effect and be in force Department of Public Utilities, for a of the Codified Ordinances, excluding from and after the earliest period period of one year. lighting and traffic signal accounts. allowed by law. Whereas, this ordinance consti- A customer who receives service Passed May 23, 2011. tutes an emergency measure provid- under Section 523.195 shall be charged Effective May 28, 2011. ing for the usual daily operation of the amount that would be charged if a municipal department; now, there- such customer received service under fore, the applicable standard rate sched- Be it ordained by the Council of ule. The following charges to fund Ord. No. 528-11. the City of Cleveland: the ESPP fixed by the Board of Con- By Council Members Kelley and Section 1. That the Director of trol by the adoption of Resolution No. Sweeney (by departmental request). Public Utilities is authorized to ______, on ______, are approved: An emergency ordinance authoriz- enter into one or more contracts ing the Director of Public Utilities with Kubra Data Transfer Ltd. for Residential $0.000579 per kWh to employ one or more professional professional services necessary to consultants to perform a rate study provide online bill payment and bill Small Commercial for the Division of Cleveland Public presentation services, for the Divi- and Large Power, Department of Public Utili- sion of Cleveland Public Power, in Commercial $0.001250 per kWh ties. the total sum of $75,000, for the Whereas, this ordinance consti- Department of Public Utilities, for a Industrial, Large tutes an emergency measure provid- period of one year. The contract or Industrial, and ing for the usual daily operation of contracts shall be paid from Fund Optional Large a municipal department; now, there- No. 58 SF 001, Request No. RQS 2004, Industrial $0.001096 per kWh fore, RL 2011-35. 933 26 The City Record June 1, 2011

Section 2. That this ordinance is ational, cultural, and extracurricular fessional services necessary to declared to be an emergency measure programs for the benefit of school maintain the current time and atten- and, provided it receives the affirma- children during the 2010-11 school dance workforce system and soft- tive vote of two-thirds of all the mem- year. ware and hardware support, includ- bers elected to Council, it shall take Whereas, under Ordinance No. ing training and upgrades on the effect and be in force immediately 1025-A-95, passed June 28, 1995, tax basis of its proposals dated January upon its passage and approval by the revenues from levying the parking 27, 2011 and May 4, 2011, in the total Mayor; otherwise it shall take effect facility tax and increases in the sum of $81,266.62, for the Depart- and be in force from and after the ear- motor vehicle lessor tax and the ment of Public Utilities, for a peri- liest period allowed by law. admission tax can be used to fund od of one year with two one year Passed May 23, 2011. recreational, cultural, and extracur- options to renew, the second of Effective May 28, 2011. ricular programs within the Cleve- which is exercisable through addi- land School system; and tional legislative authority. The con- Whereas, the Joint Board estab- tract or contracts shall be paid from lished by Ordinance No. 1025-A-95 Fund No. 52 SF 001, Request No. Ord. No. 559-11. has recommended that a portion of RQS 2002, RL 2011-31. By Council Members Kelley and the tax proceeds be used to fund a Section 2. That this ordinance is Sweeney (by departmental request). number of recreational, cultural, and declared to be an emergency measure An emergency ordinance authoriz- extracurricular programs for City and, provided it receives the affirma- ing the Director of Public Utilities school children during the 2010-11 tive vote of two-thirds of all the mem- to enter into an amendment to Con- school year, including dance, drama, bers elected to Council, it shall take tract No. 69292 with Brown and Cald- instrumental, vocal, cheerleading, effect and be in force immediately well, Inc. to perform additional ener- aquatic, sports, and academic enrich- upon its passage and approval by the gy management services to help ment programs; and Mayor; otherwise it shall take effect reduce energy consumption of the Whereas, this ordinance consti- and be in force from and after the ear- municipal water plants and pump- tutes an emergency measure provid- liest period allowed by law. ing stations, for the Division of ing for the usual daily operation of Passed May 23, 2011. Water, Department of Public Utili- a municipal department; now, there- Effective May 28, 2011. ties, for a one year period. fore, Whereas, under Ordinance No. Be it ordained by the Council of 1966-07, passed March 10, 2008, this the City of Cleveland: Council authorized the Director of Section 1. That the Directors of Ord. No. 600-11. Public Utilities to enter into Con- Public Works and Finance are By Council Members Cimperman, authorized to enter into one or more tract No. 69292 with Brown and Cald- K. Johnson and Sweeney (by depart- contracts with the Cleveland Metro- well, Inc. to perform energy man- mental request). agement services to help reduce politan School District to conduct An emergency ordinance authoriz- energy consumption of the munici- various recreational, cultural and ing the Director of Public Works to pal water plants and pumping sta- extracurricular programs for the enter into an agreement with the tions, for the Division of Water, benefit of City school children dur- Regional Transit Department of Public Utilities, for a ing the 2010-11 school year, under Authority to accept a cash contribu- period of two years; and the program description contained tion for the purchase and installation Whereas, additional services are in File No. 562-11-A. The cost of the of bus shelters to be located on Lorain necessary; and contract or contracts shall not Avenue and West 25th Street, in con- Whereas, this ordinance consti- exceed $1,000,000 and shall be paid nection with the Market Square Park tutes an emergency measure provid- from Fund No. 11 SF 035, Request redevelopment. ing for the usual daily operation of No. RQS 7001, RL 2011-76. a municipal department; now, there- Section 2. That this ordinance is Whereas, under Ordinance No. 607- fore, declared to be an emergency measure 10, passed June 7, 2010, the Director Be it ordained by the Council of and, provided it receives the affirma- of Public Works is authorized to the City of Cleveland: tive vote of two-thirds of all the mem- enter into contracts necessary to Section 1. That the Director of bers elected to Council, it shall take improve Market Square Park; and Public Utilities is authorized to effect and be in force immediately Whereas, the Greater Cleveland enter into an amendment to Contract upon its passage and approval by the Regional Transit Authority wishes No. 69292 with Brown and Caldwell, Mayor; otherwise it shall take effect to contribute up to $92,000 towards Inc. to perform additional energy and be in force from and after the ear- the purchase and installation of bus management services to help reduce liest period allowed by law. shelters in connection with that energy consumption of the munici- Passed May 23, 2011. improvement; and pal water plants and pumping sta- Effective May 23, 2011. Whereas, this ordinance consti- tions, for the Division of Water, tutes an emergency measure provid- Department of Public Utilities, for a ing for the usual daily operation of one year period. a municipal department; now, there- Section 2. That the amendment Ord. No. 596-11. fore, shall be prepared by the Director of By Council Members Kelley and Be it ordained by the Council of Law. Sweeney (by departmental request). the City of Cleveland: Section 3. That this ordinance is An emergency ordinance authoriz- Section 1. That the Director of declared to be an emergency measure ing the Director of Public Utilities to Public Works is authorized to enter and, provided it receives the affirma- enter into one or more contracts with into an agreement with the Greater tive vote of two-thirds of all the mem- Kronos Incorporated for professional Cleveland Regional Transit Author- bers elected to Council, it shall take services necessary to maintain the ity to accept up to $92,000 for the effect and be in force immediately current time and attendance work- purchase and installation of bus upon its passage and approval by the force system and software and hard- shelters to be located on Lorain Mayor; otherwise it shall take effect ware support, including training and Avenue and West 25th Street, in con- and be in force from and after the ear- upgrades, for a period of one year nection with the Market Square liest period allowed by law. with two one year options to renew, Park redevelopment and the cash Passed May 23, 2011. the second of which is exercisable contribution accepted are appropri- Effective May 28, 2011. through additional legislative author- ated for this purpose and shall be ity. deposited into a fund to be deter- Whereas, this ordinance consti- mined by the Director of Finance. tutes an emergency measure provid- Section 2. That the agreement shall Ord. No. 562-11. ing for the usual daily operation of be prepared by the Director of Law. By Council Members K. Johnson a municipal department; now, there- Section 3. That this ordinance is and Sweeney (by departmental fore, declared to be an emergency measure request). Be it ordained by the Council of and, provided it receives the affirma- An emergency ordinance authoriz- the City of Cleveland: tive vote of two-thirds of all the mem- ing the Directors of Public Works and Section 1. That the Director of bers elected to Council, it shall take Finance to enter into one or more con- Public Utilities is authorized to effect and be in force immediately tracts with the Cleveland Metropoli- enter into one or more contracts upon its passage and approval by the tan School District to conduct recre- with Kronos Incorporated for pro- Mayor; otherwise it shall take effect 934 June 1, 2011 The City Record 27 and be in force from and after the ear- upon its passage and approval by the administrative expenses of the liest period allowed by law. Mayor; otherwise it shall take effect Department of Community Develop- Passed May 23, 2011. and be in force from and after the ear- ment under the following schedule: Effective May 28, 2011. liest period allowed by law. Passed May 23, 2011. Personnel $3,640,000 Effective May 28, 2011. Other 395,000

Ord. No. 602-11. Section 2. That the Director of Com- By Council Members Pruitt and munity Development is authorized to Sweeney (by departmental request). Ord. No. 632-11. expend funds and enter into contracts An emergency ordinance authoriz- By Council Members Brancatelli for reimbursement of non-profit sub- ing the Director of Human Resources and Sweeney (by departmental recipients for the cost of audit and to employ one or more professional request). other professional services. consultants to provide workers’ com- An emergency ordinance appropri- Section 3. That the costs of the con- pensation and actuarial services, for ating Community Development Block tracts authorized in this ordinance a period of one year, with a one-year Grant funds for administrative shall be paid from Fund No. 14 SF 037. option to renew, exercisable by the expenses of the Code Enforcement Section 4. That this ordinance is Director of Human Resources; and to Program. declared to be an emergency measure extend Contract No. 69201 with Asso- Whereas, the City of Cleveland and, provided it receives the affirma- ciated Compensation Resources, Inc. has received a Community Develop- tive vote of two-thirds of all the mem- for a period up to three months. ment Block Grant, Year 37 from the bers elected to Council, it shall take Whereas, this ordinance consti- Government; and effect and be in force immediately tutes an emergency measure provid- Whereas, this ordinance consti- upon its passage and approval by the ing for the usual daily operation of tutes an emergency measure provid- Mayor; otherwise it shall take effect a municipal department; now, there- ing for the usual daily operation of and be in force from and after the ear- fore, a municipal department; now, there- liest period allowed by law. Be it ordained by the Council of fore, Passed May 23, 2011. the City of Cleveland: Be it ordained by the Council of Effective May 28, 2011. Section 1. That the Director of the City of Cleveland: Human Resources is authorized to Section 1. That Community Devel- employ by contract or contracts one opment Block Grant funds in the or more consultants or one or more amount of $419,000, from Fund No. Ord. No. 634-11. firms of consultants for the purpose 14 SF 037, RQS 8006 RL 2011-0094, By Council Members Brancatelli of supplementing the regularly are appropriated for the reimburse- and Sweeney (by departmental employed staff of the several depart- ment of administrative expenses of request). ments of the City of Cleveland in the Code Enforcement Program fol- An emergency ordinance appropri- order to provide professional ser- lowing the appropriate federal reg- ating Community Development Block vices necessary for a comprehensive ulations for the Department of Grant funds for anti-predatory lend- workers compensation program, Building and Housing, in conjunc- ing and foreclosure prevention assis- including but not limited to, actuar- tion with the Community Develop- tance, financial literacy programs, ial and auditing services, disability ment Block Grant Program. fair housing, and administrative and account management, preparing Section 2. That prior to expending costs to implement the programs. reports, scheduling and payment of funds under this ordinance, the Direc- Whereas, this ordinance consti- medical exams, claims settlement, tor of Building and Housing and the tutes an emergency measure provid- handicap reimbursement, investiga- Director of Community Development ing for the usual daily operation of tions, and filing claims appeals and shall enter into a memorandum of a municipal department; now, there- other duties for a one year period, understanding for this program. with a one-year option to renew, Section 3. That this ordinance is fore, exercisable by the Director of declared to be an emergency measure Be it ordained by the Council of Human Resources. and, provided it receives the affirma- the City of Cleveland: The selection of the consultants for tive vote of two-thirds of all the mem- Section 1. That CDBG and Feder- the services shall be made by the bers elected to Council, it shall take al Home Grant funds in the amount Board of Control on the nomination of effect and be in force immediately of $315,733 are appropriated for anti- the Director of Human Resources upon its passage and approval by the predatory lending and foreclosure from a list of qualified consultants Mayor; otherwise it shall take effect prevention assistance, financial lit- available for employment as may be and be in force from and after the ear- eracy programs, fair housing, and determined after a full and complete liest period allowed by law. administrative costs to implement canvass by the Director of Human Passed May 23, 2011. the programs. Resources for the purpose of compil- Effective May 28, 2011. Section 2. That the Director of Com- ing a list. The compensation to be munity Development is authorized to paid for the services shall be fixed by enter into one or more contracts with the Board of Control. The contract or various organizations to provide contracts authorized shall be pre- Ord. No. 633-11. counseling, training, marketing, pro- pared by the Director of Law, By Council Members Brancatelli gram evaluation and other services approved by the Director of Human and Sweeney (by departmental required for anti-predatory lending Resources, and certified by the Direc- request). and foreclosure prevention assis- tor of Finance. An emergency ordinance appropri- tance, financial literacy, fair housing Section 2. That the Director of ating Community Development Block activities and to expend funds for Human Resources is authorized to Grant funds for administrative administrative costs to implement the extend Contract No. 69201 with Asso- expenses of the Department of Com- programs. ciated Compensation Resources, Inc., munity Development. Section 3. That the aggregate cost with the same terms and conditions Whereas, the City of Cleveland of the contracts and administrative for a period up to three months or has received Community Develop- costs shall not exceed $315,733 and until such time as the City enters into ment Block Grant, Year 37 funds shall be paid from Fund 14 SF 037, a new contract under Section 1 of this from the United States Government; Request No. RQS 8006 RL 2011-0102. ordinance. and Section 4. That this ordinance is Section 3. That the cost of contract, Whereas, this ordinance consti- declared to be an emergency measure contracts, and the extensions autho- tutes an emergency measure provid- and, provided it receives the affirma- rized shall be paid from Fund No. 01- ing for the usual daily operation of tive vote of two-thirds of all the mem- 0402-6320, Request No. RQS 0402, RL a municipal department; now, there- bers elected to Council, it shall take 2011-69. fore, effect and be in force immediately Section 4. That this ordinance is Be it ordained by the Council of upon its passage and approval by the declared to be an emergency measure the City of Cleveland: Mayor; otherwise it shall take effect and, provided it receives the affirma- Section 1. That Community Devel- and be in force from and after the ear- tive vote of two-thirds of all the mem- opment Block Grant funds in the liest period allowed by law. bers elected to Council, it shall take amount of $4,035,000 from Fund No. Passed May 23, 2011. effect and be in force immediately 14 SF 037 are appropriated for the Effective May 28, 2011. 935 28 The City Record June 1, 2011

Ord. No. 635-11. Purchases and Supplies under a req- tive vote of two-thirds of all the mem- By Council Members Brancatelli uisition against the contract or con- bers elected to Council, it shall take and Sweeney (by departmental tracts certified by the Director of effect and be in force immediately request). Finance. upon its passage and approval by the An emergency ordinance appropri- Section 5. That prior to expending Mayor; otherwise it shall take effect ating Community Development Block funds under this ordinance, the Direc- and be in force from and after the ear- Grant funds for expenses for the tor of Building and Housing and the liest period allowed by law. Demolition Program and emergency Director of Community Development Passed May 23, 2011. contracts under the Board-up Pro- shall enter into a memorandum of Effective May 28, 2011. gram; authorizing the Director of understanding for this program. Building and Housing to enter into Section 6. That the Director of one or more contracts with various Building and Housing is authorized agencies to implement these pro- to accept monies in repayment under Ord. No. 638-11. grams; and authorizing the purchase the program and to utilize the repay- By Council Members Brancatelli by one or more requirement contracts ments and other program income in a and Sweeney (by departmental for the items of labor and materials revolving fund for making additional request). necessary to implement the Board-up expenditures under this program, and An emergency ordinance appropri- Program. the funds are appropriated for that ating CDBG and Federal HOME Pro- Whereas, this ordinance consti- purpose. gram funds for the administration of tutes an emergency measure provid- Section 7. That the Director of the Housing Rehabilitation Pro- ing for the usual daily operation of Building and Housing is authorized grams; and authorizing the Director a municipal department; now, there- to collect from persons or entities of Community Development to fore, from whom the City is collecting employ one or more professional con- Be it ordained by the Council of demolition costs an amount equal to sultants to provide property inspec- the City of Cleveland: any amount spent for services related tions in compliance with Section 8 Section 1. That Community Devel- to collection of demolition cost, such Housing Quality Standards. opment Block Grant funds in the as title searches, credit bureau Whereas, the City of Cleveland amount of $845,000 from Fund Nos. reports, and document filing fees. has received Community Develop- 14 SF 037, RQS 8006-RL 2011-0091, Any funds collected shall be deposit- ment Block Grant (“CDBG”) Year 37 are appropriated for costs of the ed into Fund No. 14. and Year 2011 Federal HOME Pro- Department of Building and Hous- Section 8. That this ordinance is gram grants from the United States ing associated with conducting the declared to be an emergency measure Government; and Whereas, this ordinance consti- Demolition and Board-up Programs and, provided it receives the affirma- tutes an emergency measure provid- incurred in Fund 19 following the tive vote of two-thirds of all the mem- ing for the usual daily operation of appropriate federal regulations in bers elected to Council, it shall take a municipal department; now, there- conjunction with the Community effect and be in force immediately fore, Development Block Grant Program. upon its passage and approval by the Be it ordained by the Council of Section 2. That the Director of Mayor; otherwise it shall take effect the City of Cleveland: Building and Housing is authorized and be in force from and after the ear- Section 1. That CDBG and Feder- liest period allowed by law. to enter into one or more contracts al HOME Program funds are appro- with various non-profit and for-profit Passed May 23, 2011. priated for the administration of the agencies and entities for services nec- Effective May 28, 2011. Housing Rehabilitation Programs. essary to implement the Demolition Section 2. That the Director of Com- Program and emergency contracts munity Development is authorized to under the Board-up Program. employ by contract or contracts one or Section 3. That the Director of Ord. No. 637-11. more consultants or one or more firms Building and Housing is authorized By Council Members Brancatelli of consultants for the purpose of sup- to make one or more written require- and Sweeney (by departmental plementing the regularly employed ment contracts under the Charter and request). staff of the several departments of the Codified Ordinances of Cleveland, An emergency ordinance appropri- the City of Cleveland in order to pro- Ohio, 1976, for the requirements for a ating Community Development Block vide professional services necessary one or two year period for the items of Grant funds for expenses of the to perform property inspections to labor and materials necessary to Senior Homeowners Assistance Pro- comply with Section 8 Housing Quali- implement the Board-up Program, in gram (SHAP) and the CHORE Pro- ty Standards. the approximate amount as pur- gram. The selection of the consultants for chased during the preceding term, to Whereas, the City of Cleveland the services shall be made by the be purchased by the Commissioner of has received a Community Develop- Board of Control on the nomination of Purchases and Supplies on a unit ment Block Grant, Year 37, from the the Director of Community Develop- basis for the Department of Building United States Government; and ment from a list of qualified consul- and Housing. Bids shall be taken in a Whereas, this ordinance consti- tants available for employment as manner that permits an award to be tutes an emergency measure provid- may be determined after a full and made for all items as a single con- ing for the usual daily operation of complete canvass by the Director of tract, or by separate contract for each a municipal department; now, there- Community Development for the pur- or any combination of the items as the fore, pose of compiling a list. The compen- Board of Control determines. Alter- Be it ordained by the Council of sation to be paid for the services shall nate bids for a period less than the the City of Cleveland: be fixed by the Board of Control. The specified term may be taken if Section 1. That Community Devel- contract or contracts authorized shall desired by the Commissioner of Pur- opment Block Grant funds in the be prepared by the Director of Law, chases and Supplies until provision is amount of Two Hundred Sixty Thou- approved by the Director of Communi- made for the requirements for the sand Dollars ($260,000) from Fund ty Development, and certified by the entire term. The Director of Building No. 14 SF 037, RQS 8006-RL2011-0095, Director of Finance. and Housing is authorized to enter are appropriated for costs of the Section 3. That the costs incurred in into one or more contracts with a term Department of Aging incurred in Sections 1 and 2 of this ordinance may of two years instead of one year when Fund 19 associated with conducting not exceed $1,573,000 and shall be paid there is a financial advantage to the the Senior Homeowners Assistance from Fund Nos. 14 SF 037 and 19 SF City. For purposes of this ordinance, a Program (“SHAP”) and the CHORE 650. financial advantage shall be deter- Program in conjunction with the Section 4. That this ordinance is mined by the Director of Building and Community Development Block declared to be an emergency measure Housing by comparing the bids Grant Program. and, provided it receives the affirma- received for both terms. Section 2. That prior to expending tive vote of two-thirds of all the mem- Section 4. That the costs of the con- funds under this ordinance, the Direc- bers elected to Council, it shall take tract or contracts shall be charged tor of Aging and the Director of Com- effect and be in force immediately against the proper appropriation munity Development shall enter into upon its passage and approval by the accounts and the Director of Finance a memorandum of understanding for Mayor; otherwise it shall take effect shall certify the amount of the initial this program. and be in force from and after the ear- purchase, which purchase, together Section 3. That this ordinance is liest period allowed by law. with all later purchases, shall be declared to be an emergency measure Passed May 23, 2011. made on order of the Commissioner of and, provided it receives the affirma- Effective May 28, 2011. 936 June 1, 2011 The City Record 29

Ord. No. 639-11. effect and be in force immediately ing for the usual daily operation of By Council Members Brancatelli upon its passage and approval by the a municipal department; now, there- and Sweeney (by departmental Mayor; otherwise it shall take effect fore, request). and be in force from and after the ear- Be it ordained by the Council of An emergency ordinance appropri- liest period allowed by law. the City of Cleveland: ating Community Development Block Passed May 23, 2011. Section 1. That the Director of Grant funds and Federal HOME funds Effective May 28, 2011. Community Development is autho- for the operation of the Low Interest rized to enter into rebate, grant, Loan and Grant Programs; and to and/or loan agreements with Store- enter into one or more contracts with front Renovation Program appli- various agencies to implement these Ord. No. 640-11. cants, and contracts for eligible programs. By Council Members Brancatelli administrative costs, consulting, or Whereas, the City of Cleveland and Sweeney (by departmental professional services, and expenses has received a Community Develop- request). to community development corpora- ment Block Grant, Year 37 and 2011 An emergency ordinance authoriz- tions for implementation of the Com- Federal HOME grant funds, from ing the Director of Community Devel- mercial Revitalization and Store- the United States Government; and opment to enter into one or more con- front Renovation Programs. The Whereas, this ordinance consti- tracts with Cleveland Action to Sup- Director is also authorized to pro- tutes an emergency measure provid- port Housing, Inc. (CASH) for admin- vide compensating balance deposits ing for the usual daily operation of istrative costs to implement housing to a designated lender(s) via Cleve- a municipal department; now, there- rehabilitation, new housing construc- land Action to Support Housing fore, tion and commercial redevelopment (CASH) or other designee in return Be it ordained by the Council of loan programs. for below market interest rate com- the City of Cleveland: Whereas, this ordinance consti- mercial loans to be used in the Section 1. That the Director of tutes an emergency measure provid- Storefront Renovation Program. Community Development is autho- ing for the usual daily operation of Section 2. That the Director of Com- rized to expend funds from Fund No. a municipal department; now, there- munity Development is authorized to 14 SF 037 in the amount of fore, enter into contracts with Commercial $1,041,661, and Federal HOME Pro- Be it ordained by the Council of Revitalization Program applicants. gram funds from Fund 19 SF 650 in the City of Cleveland: Section 3. That the Director of Com- the amount of $1,130,000, and prior Section 1. That the Director of munity Development is authorized to years unspent balances for the oper- Community Development is autho- accept program income monies in ation of the Low Interest Loan and rized to enter into one or more con- repayment from community develop- Grant Programs, including all relat- tracts with Cleveland Action to Sup- ment corporations under the Store- ed services. The Low Interest Loan port Housing, Inc. (CASH) for front Renovation Program and to uti- and Grant Programs include Repair- administrative costs to implement lize this program income, other Com- A-Home (RAH), Corrective Action housing rehabilitation, new housing munity Development Block Grant pro- Grant, Afford-A-Home (AAH), Senior construction and commercial rede- gram income and Kiosk program Home Owners Assistance Program velopment loan programs in the City income in a revolving fund for addi- (SHAP), Paint Refund Program, of Cleveland. tional Commercial Revitalization and Housewarming, Furnace Repair, and Section 2. That the aggregate cost Storefront Renovation Program Home Maintenance Assistance Pro- of the contracts shall not exceed expenditures, and such program gram (HMAP). Request No. RQS $91,000.00, and shall be paid from income is appropriated for that pur- 8006, RL 2011-105 Fund No. 14 SF 037, RQS 8006, RL 2011- pose. Section 2. That the Director of Com- 0097. Section 4. That the City is autho- Section 3. That this ordinance is munity Development is authorized to rized to accept promissory notes, nam- enter into one or more contracts with declared to be an emergency measure ing the City of Cleveland as payee, various non-profit agencies, rehabili- and, provided it receives the affirma- and mortgages, naming the City of tation service providers, tenants, tive vote of two-thirds of all the mem- Cleveland as mortgagee, and any homeowners, and entities providing bers elected to Council, it shall take other security instrument executed to services necessary to process loans effect and be in force immediately evidence and secure repayment of and grants to implement the Low upon its passage and approval by the loans, costs, and fees under the City’s Interest Loan and Grant Programs in Mayor; otherwise it shall take effect Storefront Renovation Program and the City of Cleveland. and be in force from and after the ear- Section 3. That the Director of Com- liest period allowed by law. Commercial Revitalization Program. munity Development is authorized to Passed May 23, 2011. Section 5. That the Director of Com- accept monies in repayment under the Effective May 28, 2011. munity Development is authorized to programs and to utilize the repay- enter into forbearance agreements ments, and other program income in a with any recipient of a validly exist- revolving fund for additional expen- ing loan, administered by the City for ditures under these programs and Ord. No. 641-11. Commercial Revitalization or Store- administrative expenses, which By Council Members Brancatelli front Renovation. repayments and program income are and Sweeney (by departmental Section 6. That the Director of Com- appropriated for those purposes. request). munity Development is authorized to Section 4. That the City is autho- An emergency ordinance authoriz- collect from persons or entities with rized to accept promissory notes, nam- ing the Director of Community Devel- whom the City is entering into loan ing the City of Cleveland as payee, opment to enter into contracts for agreements or forebearance agree- and mortgages, naming the City of Commercial Revitalization and ments an amount equal to any amount Cleveland as mortgagee, and any rebate, grant, and/or loan agree- spent for services related to such other security instrument executed to ments with Storefront Renovation agreements, such as title searches, evidence and secure repayment of Program applicants, and to enter into credit bureau reports and document loans made under this program. agreements for eligible costs to com- filing fees. Such fees shall be deposit- Section 5. That the Director of Com- munity development corporations for ed into Fund No. 14. munity Development is authorized to implementation of the Storefront Ren- Section 7. That the total of the con- enter into forbearance agreements ovation and Commercial Revitaliza- tracts and rebate agreements autho- with any recipient of a validly exist- tion Programs. rized may not exceed $50,000 and will ing loan administered by the City, Whereas, the City has created a be paid from Fund No. 14 SF 037, and to charge and accept fees to cover Storefront Renovation Program to Request No. RQS 8006 RL 2011-0098. costs incurred in the preparation of encourage exterior rehabilitation of Section 8. That this ordinance is loan documents, closing, and servic- buildings in targeted areas in the declared to be an emergency measure ing costs. Such fees shall be deposited City of Cleveland; and and, provided it receives the affirma- into Fund No. 14 and are hereby Whereas, the City is creating a tive vote of two-thirds of all the mem- appropriated for the purposes of the Commercial Revitalization Program bers elected to Council, it shall take Low Interest Loan and Grant Pro- to further encourage rehabilitation, effect and be in force immediately gram. increase the availability of goods upon its passage and approval by the Section 6. That this ordinance is and services for low and moderate Mayor; otherwise it shall take effect declared to be an emergency measure income residents, and create employ- and be in force from the after the ear- and, provided it receives the affirma- ment in the City; and liest period allowed by law. tive vote of two-thirds of all the mem- Whereas, this ordinance consti- Passed May 23, 2011. bers elected to Council, it shall take tutes an emergency measure provid- Effective May 28, 2011. 937 30 The City Record June 1, 2011

Ord. No. 642-11. entities, State of Ohio, Cuyahoga Section 8. That the Director of Com- By Council Members Brancatelli County, Cuyahoga Metropolitan munity Development is authorized to and Sweeney (by departmental Housing Authority, Cleveland enter into forbearance agreements request). Municipal School District, Regional with any recipient of a validly exist- An emergency ordinance authoriz- Transit Authority, Northeast Ohio ing loan administered by the City, ing the Director of Community Devel- Regional Sewer District, Cleveland and to charge and accept fees and to opment to enter into contracts with Metroparks, and such other govern- expend such fees to cover costs one or more non-profit agencies to mental entities as defined under the incurred in the preparation of loan operate a community garden pro- Ohio Revised Code to implement documents, closing, and servicing gram. activities and programs that are eli- costs. Such fees shall be deposited to Whereas, this ordinance consti- gible under the Community Devel- and expended from Fund No. 14. tutes an emergency measure provid- opment Block Grant CDBG Program Section 9. That this ordinance is ing for the usual daily operation of and are consistent with the City’s declared to be an emergency measure a municipal department; now, there- Community Development objectives and, provided it receives the affirma- fore, and policies. tive vote of two-thirds of all the mem- Be it ordained by the Council of Section 2. That the Director of Com- bers elected to Council, it shall take the City of Cleveland: munity Development, after receiving effect and be in force immediately Section 1. That the Director of the approval stated in Section 4 upon its passage and approval by the Mayor; otherwise it shall take effect Community Development is autho- below, is authorized to enter into or and be in force from and after the ear- rized to enter into contracts with amend memorandums of understand- liest period allowed by law. one or more non-profit agencies to ing with various City departments to Passed May 23, 2011. operate a community gardening pro- implement activities and programs gram. Effective May 28, 2011. that are eligible under the CDBG Pro- Section 2. That the cost of the con- gram and are consistent with the tract or contracts shall not exceed City’s Community Development objec- $141,000.00, and shall be paid from tives and policies. Fund Nos. 14 SF 037, Request No. RQS Ord. No. 644-11. Section 3. That the Director of Com- 8006 RL 2011-0096. By Council Members Brancatelli munity Development, after receiving Section 3. That this ordinance is and Sweeney (by departmental the approval stated in Section 4 declared to be an emergency measure request). and, provided it receives the affirma- below, is authorized to expend NDA An emergency ordinance to amend tive vote of two-thirds of all the mem- funds for any CDBG eligible Pro- Sections 1 and 5 of Ordinance No. 2567- bers elected to Council, it shall take grams administered by the Depart- A-88, passed January 30, 1989, as effect and be in force immediately ment of Community Development amended by various ordinances, relat- upon its passage and approval by the including entering into contract with ing to administration of the Neighbor- Mayor; otherwise it shall take effect rehabilitation service providers, ten- hood Development Program. and be in force from and after the ear- ants, homeowners, and entities pro- Whereas, this ordinance consti- liest period allowed by law. viding services necessary to process tutes an emergency measure provid- Passed May 23, 2011. loans and grants to implement the ing for the usual daily operation of Effective May 28, 2011. Low Interest Loan and Grant Pro- a municipal department; now, there- grams, Paint Refund Program and fore, other programs administered by the Be it ordained by the Council of Department of Community Develop- the City of Cleveland: Ord. No. 643-11. ment. Section 1. That Sections 1 and 5 of By Council Members Brancatelli Section 4. That prior to entering Ordinance No. 2567-A-88, passed Jan- and Sweeney (by departmental into or amending those contracts or uary 30, 1989, as amended by Ordi- request). memorandums of understanding, or nance No. 1336-89, passed June 5, An emergency ordinance authoriz- expending any funds, the Director of 1989, Ordinance No. 1743-90, passed ing the Director of Community Devel- Community Development shall July 23, 1990, Ordinance no. 1671-91, opment to enter into or amend con- receive written approval from the passed September 30, 1991, Ordi- nance No. 1297-93, passed June 14, tracts with various social service Council member whose ward line item 1993, and Ordinance No. 299-94, agencies, community development or is to fund the activity or program, pro- passed March 28, 1994, are amended local development corporations and vided that the amount for such activi- to read as follows: private for profit entities; to enter ty or program does not exceed the Section 1. That the Director of into or amend memorandums of amount allocated for the Council Economic Development is autho- understanding with various City of member’s ward pursuant to the rele- rized to administer the Neighbor- Cleveland departments to implement vant Community Development Block hood Development Program by mak- the City’s community development Grant plan. ing loans and grants, the aggregate programs; and to expend funds for the Section 5. That the cost of the con- of which shall not exceed $2,400,000, tracts, memorandums of understand- operation of programs administered with eligible community based ing and expenditures for the pro- by the Department of Community neighborhood organizations or for- grams administered by the Depart- Development. profit entities sponsored by or sub- ment of Community Development Whereas, the City of Cleveland sidiaries of such neighborhood orga- shall not exceed $7,600,000.00 and any has received a Community Develop- nizations to provide economic devel- ment Block Grant (“CDBG”), Year 37 prior years NDA balances and shall be opment assistance to partially from the United States Government; paid from Fund Nos. 14 SF 030, 14 SF finance the acquisition, construction, and 031, 14 SF 032, 14 SF 033, 14 SF 034, 14 renovation and/or pre-development Whereas, the Council of the City SF 035, 14 SF 036 and 14 SF 037. costs of real estate located in the of Cleveland has approved the Year Section 6. That the Director of the City’s neighborhoods. 37 Community Development Block Department of Community Develop- Section 5. That the Director of Eco- Grant Plan which committed funds ment is authorized to enter into or nomic Development is authorized to to Neighborhood Development Activ- amend contracts with the entities accept monies in repayment of the ities (“NDA”), which are CDBG eli- administering the NDA program that loans (“repayment funds”) and to gible activities proposed by the var- generated program income in an deposit the monies in Fund No. 17 SF ious Council members; and amount not to exceed that generated 635 and to enter into loans with eligi- Whereas, this ordinance consti- program income and to expend funds ble neighborhood groups utilizing the tutes an emergency measure provid- for the programs administered by the repayment funds from Fund No. 17 SF ing for the usual daily operation of Department of Community Develop- 634. a municipal department; now, there- ment that generated program income Section 2. That existing Sections 1 fore, in an amount not to exceed that gen- and 5 of Ordinance No. 2567-A-88, Be it ordained by the Council of erated program income all to be paid passed January 30, 1989, as amended the City of Cleveland: from the revolving fund in Fund 14. by Ordinance No. 1336-89, passed June Section 1. That the Director of Section 7. That the City is autho- 5, 1989, Ordinance No. 1743-90, passed Community Development, after rized to accept promissory notes nam- July 23, 1990, Ordinance no. 1671-91, receiving the approval stated in Sec- ing the City of Cleveland as payee, passed September 30, 1991, Ordinance tion 4 below, is authorized to enter and mortgages, naming the City of No. 1297-93, passed June 14, 1993, and into or amend contracts with vari- Cleveland as mortgagee, and any Ordinance No. 299-94, passed March 28, ous social service agencies, commu- other security instrument executed to 1994, are repealed. nity development or local develop- evidence and secure repayment of Section 3. That this ordinance is ment corporations, private for-profit loans made under this program. declared to be an emergency measure 938 June 1, 2011 The City Record 31 and, provided it receives the affirma- prise is qualified by financial Whereas, this ordinance consti- tive vote of two-thirds of all the mem- responsibility and business experi- tutes an emergency measure provid- bers elected to Council, it shall take ence to create and preserve employ- ing for the usual daily operation of effect and be in force immediately ment opportunities in the Cleveland a municipal department; now, there- upon its passage and approval by the Area Enterprise Zone and to fore, Mayor; otherwise it shall take effect improve the economic climate of the Be it ordained by the Council of and be in force from and after the ear- City of Cleveland. the City of Cleveland: liest period allowed by law. Section 2. That the Director of Eco- Section 1. That the title and Sec- Passed May 23, 2011. nomic Development is authorized to tions 5 of Ordinance No. 808-09, Effective May 28, 2011. enter into an Enterprise Zone Agree- passed June 8, 2009, as amended by ment with the Enterprise to provide Ordinance No. 617-10, passed May 10, for a ten-year, sixty percent (60%) 2010, and Ordinance No. 306-10, tax abatement of the increase in the passed June 7, 2010 are amended to Ord. No. 645-11. assessed valuation of certain real read as follows: By Council Members Conwell, Bran- property improvements located at An Emergency Ordinance deter- catelli and Sweeney (by departmental 11905 Superior Avenue in the Cleve- mining the method of making the request). land Area Enterprise Zone; the abate- public improvement of constructing An emergency ordinance authoriz- ment shall be subject to annual a bike station in Gateway North ing the Director of Economic Devel- review of the Tax Incentive Review Garage and constructing other opment to enter into an Enterprise Council. improvements to the Gateway North Zone Agreement with Market Rede- Section 3. That the terms of the tax and Gateway East Garages; autho- velopment, LLC, or its designee, to abatement shall be in accordance rizing the Director of Public Works provide for a ten-year, sixty percent with the terms in the Summary con- to enter into one or more public tax abatement of the increase in the tained in File No. 645-11-A. These improvement contracts to construct assessed valuation of certain real terms shall not be amended, nor shall the improvement and employ one or property improvements located at the tax abatement be assignable or more professional consultants nec- 11905 Superior Avenue in the Cleve- transferable to any entity, without essary to design the improvement; land Area Enterprise Zone. the prior legislative authorization by authorizing the Director to enter Whereas, by letter dated February Cleveland City Council. into a Lease By Way of Concession 11, 2011, the City provided the Cleve- Section 4. That the Director of Eco- for the operation of the bike station nomic Development is authorized to land Metropolitan School District with Alliance, (“CMSD”) with a notice of proposed charge and accept fees in an amount for a period of one year, with two tax exemptions required by Section not to exceed the maximum allowable three-year options to renew, autho- 5709.83 of the Revised Code. That under Chapter 5709 of the Revised rizing the Director to enter into any notice was provided to the CMSD not Code and the funds are appropriated other agreements necessary to com- later than fourteen days prior to for the purposes listed in Chapter 5709 plete the Improvement; and to set passage of this ordinance; and of the Revised Code. The fees shall be user registration and pass fees for Whereas, under Ordinance No. 948- deposited to and expended from Fund the Bike Station. 95, passed June 19, 1995, this Coun- No. 17 SF 305. Section 5. That, provided Down- cil designated an area, which is in Section 5. That the contract and town Cleveland Alliance submits the City of Cleveland and described other appropriate documents needed in File No. 948-95-A, as the Cleveland to complete the transaction autho- documents required by the City’s Area Enterprise Zone (the “Zone”) rized by this legislation shall be pre- bond counsel, and notwithstanding under Chapter 5709 of the Revised pared by the Director of Law. any provision of the Codified Ordi- Code; and Section 6. That any contract autho- nances of Cleveland, Ohio, 1976, to Whereas, in August, 1995, the rized by this legislation must require the contrary, the Director of Public Director of Development of the State the recipient of financial assistance Works is authorized to enter a of Ohio determined that the Zone to work with, and/or cause their Ten- Lease By Way of Concession contains the characteristics ants to work with, The Workforce (“Lease”) with Downtown Cleveland described in division (A) of Section Investment Board for Workforce Alliance for the operation of the 5709.61 of the Revised Code and cer- Area No. 3 to identify and solicit qual- bike station in Gateway North tified the area as an “Urban Jobs ified candidates for job opportunities Garage. The Lease shall be for the and Enterprise Zone” under Chapter related to the City’s contracts. The use and occupancy of approximate- 5709 of the Revised Code; and identification process shall place spe- ly 1,300 square feet of space located Whereas, Market Redevelopment, cial emphasis on the hard to employ, on the first floor in the Gateway LLC, or its designee (the “Enter- including people who are disabled North Garage and the adjacent prise”) has proposed to redevelop and people who have been convicted Plaza outdoor area of approximate- the vacant Tops Supermarket prop- of or who have pled guilty to a crimi- ly 677 square feet, on the corner of erty at 11905 Superior Avenue by nal offense which is unrelated to the 4th and High Street, including the subdividing the building into sepa- duties of the job opportunity. two entry vestibules, as further rate retail units and two outlots in Section 7. That this ordinance is illustrated on the map attached in the Cleveland Area Enterprise Zone; declared to be an emergency measure File A. and and, provided it receives the affirma- Section 2. That the existing title Whereas, the Enterprise has cer- tive vote of two-thirds of all the mem- and Section 5 of Ordinance No. 808-09, tified to the City that it would be bers elected to Council, it shall take passed June 8, 2009, as amended by at a competitive disadvantage oper- effect and be in force immediately Ordinance No. 617-10, passed May 10, ating at this location if taxes on cer- upon its passage and approval by the 2010, and Ordinance No. 306-10 passed tain real property improvements Mayor; otherwise it shall take effect June 7, 2010, are repealed. located at 11905 Superior Avenue in and be in force from and after the ear- Section 3. That Ordinance No. 808- the Cleveland Area Enterprise Zone liest period allowed by law. 09, passed June 8, 2009, as amended by were not abated; and Passed May 23, 2011. Ordinance No. 617-10, passed May 10, Whereas, this ordinance consti- Effective May 28, 2011. 2010, and Ordinance No. 306-10, passed tutes an emergency measure provid- June 7, 2010, is supplemented by ing for the immediate preservation adding new Section 10a. to read as fol- of the public peace, safety, proper- lows: ty, and welfare and that its enact- Ord. No. 683-11. Section 10a. That the Board of Con- ment is a necessary prerequisite to By Council Members Cimperman, trol shall fix the maximum rates for providing immediate assistance to K. Johnson and Sweeney (by depart- user registration and passes. create and preserve job opportuni- mental request). Section 4. That this ordinance is ties and advance and promote com- An emergency ordinance to amend declared to be an emergency measure mercial and economic development the title and Section 5 of Ordinance and, provided it receives the affirma- in the City of Cleveland, and the No. 808-09, passed June 8, 2009, as tive vote of two-thirds of all the mem- assistance is immediately necessary amended by Ordinance No. 617-10, bers elected to Council, it shall take or jobs will be lost; now, therefore, passed May 10, 2010, and Ordinance effect and be in force immediately Be it ordained by the Council of No. 306-10 June 7, 2010; and to supple- upon its passage and approval by the the City of Cleveland: ment the ordinance by adding new Mayor; otherwise it shall take effect Section 1. That this Council Section 10a. relating to constructing a and be in force from and after the ear- approves the application of the bike station in Gateway North Garage liest period allowed by law. Enterprise for enterprise zone incen- to include the adjacent Plaza and to Passed May 23, 2011. tives on the basis that the Enter- set fees. Effective May 28, 2011. 939 32 The City Record June 1, 2011

Ord. No. 710-11. By Council Member J. Johnson. An ordinance changing the Use and Area Districts of land located on the northeast corner of Parkgate Avenue and East Boulevard to a Multi-Family Residential Use District and a ‘D’ Area District (Map Change No. 2364; Sheet No.4). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use and Area Districts of lands bounded and described as follows: Beginning in the centerline of East Boulevard at its intersection with the westerly prolongation of the centerline of Parkgate Avenue; Thence northerly along said centerline of East Boulevard to its intersection with the westerly prolongation of the northerly line of a parcel of land conveyed to Famicos Foundation by deed dated July 23rd, 2008 and recorded in Audi- tor’s File Number 200807290274, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 109-01- 008; Thence easterly along said westerly prolongation of said northerly line to its intersection with the easterly most line thereof; Thence southerly along said easterly line and along its southerly prolongation to its intersection with the centerline of Parkgate Avenue; Thence westerly along said centerline of Parkgate Avenue and along its westerly prolongation to its intersection with the centerline of East Boulevard and the principal place of beginning. and as shaded on the attached map is changed to a Multi-Family Residential Use District and a ‘D’ Area District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2364, Sheet No. 4 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed May 23, 2011. Effective June 22, 2011.

940 June 1, 2011 The City Record 33

Ord. No. 738-11. By Council Member Pruitt and Sweeney (by departmental request). An emergency ordinance approving the collective bargaining agreement with the IBEW, Local 39; and to amend Sec- tion 24 of Ordinance No. 947-08, passed June 9, 2008, relating to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That under division (B) of Section 4117.10 of the Revised Code, this Council approves the collective bargaining agreement with the IBEW, Local 39, under the terms contained in File No. 738-11-A, for the period from April 1, 2010 through March 31, 2013, and which provides, among other things, for an increase in the salaries and wages for members of the bargaining unit under the following schedule:

Increase Approximate Date of Increase* 0% April 1, 2010 0% April 1, 2011 3% April 1, 2012

* Wage increases shall be effective as follows:

(a) If April 1st falls in the first week of a pay period, then the wage increase shall be effective commencing at the beginning of that pay period; or (b) If April 1st falls in the second week of a pay period, then the wage increase shall be effective commencing at the beginning of the next pay period. Section 2. That Section 24 of Ordinance No. 947-08, passed June 9, 2008, as amended by Ordinance No. 1009-08, passed July 2, 2008, Ordinance No. 316-09, passed March 16, 2009, Ordinance No. 408-09, passed March 30, 2009, and Ordinance No. 1041-10, passed August 18, 2010, is amended to read as follows:

Section 24. International Brotherhood of Electrical Workers, AFL-CIO, Local 39. That the salaries and the compensa- tion in the following classifications shall be fixed by the appointing authority in accordance with the schedule appear- ing after each classification:

Minimum Maximum

1. Apprentice Cable Splicer...... 22.22 24.89 2. Apprentice Lineman ...... 22.39 25.07 3. Cable Foreman...... 31.45 33.25 4. Cable Splicer...... 17.46 27.87 5. Cable Splicer Helper...... 20.44 24.24 6. Cable Splicer I ...... 28.15 29.82 7. Cable Splicer II ...... 17.14 27.35 8. Dispatcher Electric System Operator ...... 26.52 28.91 9. Electric Meter Industrial Installer ...... 28.05 29.71 10. Electric Meter Instrument Specialist and General Tester 28.37 30.04 11. Electric Meter Service Foremen...... 31.45 33.25 12. Electric Meter Service Installer I ...... 26.12 28.24 13. Electric Meter Service Installer II ...... 24.35 25.86 14. Electric Meterman Apprentice ...... 21.91 24.52 15. Electric Motor and Transformer Repairman ...... 17.38 27.70 16. Electric Switchboard Operator Foreman ...... 31.45 33.25 17. Electric Transmission and Distribution Inspector...... 28.15 31.38 18. Foreman Low Tension ...... 30.91 32.68 19. Gas Turbine Mechanic ...... 17.38 28.23 20. Gas Turbine Mechanic Apprentice...... 22.22 24.89 21. Intern Apprentice...... 10.00 31.38 22. Junior Electric Switchboard Operator ...... 22.36 23.80 23. Line Clearance Man...... 22.00 24.72 24. Line Foreman ...... 31.45 34.03 25. Line Helper Driver...... 17.73 24.25 26. Line Switchman ...... 30.16 32.69 27. Leader Lineman Low-Tension...... 29.99 31.73 28. Lineman ...... 28.15 29.82 29. Lineman Leader...... 26.27 27.86 30. Low Tension Lineman ...... 29.99 31.73 31. Low Tension Lineman Apprentice ...... 21.95 24.19 32. Low Tension Trouble Lineman ...... 29.40 31.11 33. Police Division Trouble Lineman...... 19.19 30.56 34. Safety Signal Trouble Lineman ...... 19.19 30.56 35. Senior Cable Splicer...... 29.65 31.38 36. Senior Electric Switchboard Operator...... 24.63 26.16 37. Senior Lineman ...... 29.65 31.38 38. Signal System Powerman ...... 19.54 31.12 39. Telecommunications Technician ...... 29.40 31.11 40. Traffic Signal Control Technician ...... 31.11 32.90 41. Traffic Signal Control Technician 2 ...... 30.60 32.36 42. Transformer Repairman Foreman...... 31.45 33.25 43. Trouble Lineman...... 29.65 32.42 44. Underground Conduit Foreman ...... 31.45 33.25 941 34 The City Record June 1, 2011

Section 3. That Section 24 of Ordinance No. 947-08, passed June 9, 2008, as amended by Ordinance No. 1009-08, passed July 2, 2008, Ordinance No. 316-09, passed March 16, 2009, Ordinance No. 408-09, passed March 30, 2009, and Ordinance No. 1041-10, passed August 18, 2010, is amended to read as follows: Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed May 23, 2011. Effective May 28, 2011.

Ord. No. 739-11. Code, this Council approves the col- Ohio, and known as being part of By Council Member Pruitt and lective bargaining agreement with Sublot Numbers 189 through 192, 194, Sweeney (by departmental request). the Service Equipment Employee and 195, and all of Sublot Numbers An emergency ordinance approving Union (SEME), Local 1, under the 193, 196, and 197 in Knight and the collective bargaining agreement terms contained in File No. 740-11-A, Richardson’s Subdivision of part of with the Local 100, AFSCME Ohio for the period from April 1, 2010 Original One Hundred Acre Lot Num- Council 8. through March 31, 2013, and which ber 403, as shown on the recorded plat Whereas, this ordinance consti- provides, among other things, for an in Volume 24 of Maps, Page 17 of tutes an emergency measure provid- increase in the salaries and wages Cuyahoga County Records, and a part ing for the usual daily operation of for members of the bargaining unit of Permanent Parcel Number 121-01- a municipal department; now, there- under the following schedule: 008; fore, Commencing at a stone monument Be it ordained by the Council of Increase Approximate Date with double drill holes found, the City of Cleveland: of Increase* (southerly drill hole used), at the cen- Section 1. That under division (B) ter line intersection of Cornell Road, of Section 4117.10 of the Revised 0% April 1, 2010 60 feet wide, and Euclid Avenue, 100 Code, this Council approves the col- 0% April 1, 2011 feet wide, of which said monument lective bargaining agreement with 3% April 1, 2012 bears South 42°52'23" West, and pass- the Local 100, AFSCME Ohio Coun- ing over a drill hole in monument cil 8, under the terms contained in * Wage increases shall be effective as found, 0.07 feet (East), at the center File No. 739-11-A, for the period from follows: line intersection of said Euclid April 1, 2010 through March 31, 2013, Avenue and Mayfield Road, 84 feet and which provides, among other (a) If April 1st falls in the first wide and varies, a distance of 202.85 things, for an increase in the week of a pay period, then the wage feet thereform, a total distance of salaries and wages for members of increase shall be effective commenc- 324.08 feet to a one inch iron pin mon- the bargaining unit under the fol- ing at the beginning of that pay peri- ument found at the center line inter- lowing schedule: od; or section of Euclid Avenue, 100 feet (b) If April 1st falls in the second wide, and Ford Drive, 55 feet wide; Increase Approximate Date week of a pay period, then the wage thence South 47°03'17" East along the of Increase* increase shall be effective commenc- center line of Cornell Road, a distance ing at the beginning of the next pay of 49.96 feet to a point therein; thence 0% April 1, 2010 period. North 42°52'43" East, a distance of 0% April 1, 2011 Section 2. That this ordinance is 30.00 feet to the northeasterly line of 3% April 1, 2012 declared to be an emergency measure Cornell Road, 60 feet wide at its inter- and, provided it receives the affirma- section with the southeasterly line of * Wage increases shall be effective as tive vote of two-thirds of all the mem- Euclid Avenue, 100 feet wide, and the follows: bers elected to Council, it shall take southwesterly corner of land now or effect and be in force immediately formerly owned by (a) If April 1st falls in the first upon its passage and approval by the East LLC, an Ohio limited liability week of a pay period, then the wage Mayor; otherwise it shall take effect company, Permanent Parcel Number increase shall be effective commenc- and be in force from and after the ear- 121-01-001, as recorded by AFN ing at the beginning of that pay peri- liest period allowed by law. od; or Passed May 23, 2011. 200309181629 of Cuyahoga County (b) If April 1st falls in the second Effective May 28, 2011. Deed Records, said point also being week of a pay period, then the wage the TRUE POINT OF BEGINNING for increase shall be effective commenc- the land hereinafter described, thence ing at the beginning of the next pay clockwise along the following thir- period. Ord. No. 741-11. teen courses and distances: Section 2. That this ordinance is By Council Members Conwell, Bran- 1. Thence North 42°52'23" East declared to be an emergency measure catelli, Cleveland and Sweeney (by along the southeasterly line of Euclid and, provided it receives the affirma- departmental request). Avenue, as widened and recorded in tive vote of two-thirds of all the mem- An emergency ordinance to amend Volume 4855, Pages 482-485 of Cuya- bers elected to Council, it shall take Section 1 of Ordinance No. 189-11, hoga County Records, a distance of effect and be in force immediately passed March 21, 2011, relating to the 93.22 feet to a point of curvature; upon its passage and approval by the acquisition and re-conveyance of 2. Thence continuing along the Mayor; otherwise it shall take effect property presently owned by SDC Uni- southeasterly line of Euclid Avenue, and be in force from and after the ear- versity Circle Developer LLC, or its and along the arc of a curve deflect- liest period allowed by law. designee, located at 2021 Cornell ing to the right and having a radius of Passed May 23, 2011. Road for the purpose of entering into 170.55 feet, a central angle of Effective May 28, 2011. the chain-of-title prior to the adoption 45°59'23", a tangent of 72.38 feet, a of tax increment financing legisla- chord of 133.25 feet which bears North tion and authorizing an agreement 65°52'06" East, a distance of 136.90 with SDC University Circle Developer feet to a point of tangency on the Ord. No. 740-11. LLC, or its designee. southerly line of Mayfield Road, 84 By Council Member Pruitt and Whereas, this ordinance consti- feet wide and varies, as widened and Sweeney (by departmental request). tutes an emergency measure provid- recorded in Volume 4855, Pages 482- An emergency ordinance approving ing for the usual daily operation of 485 of Cuyahoga County Records; the collective bargaining agreement a municipal department; now, there- 3. Thence North 88°51'48" East with the Service Equipment Employ- fore, along the southerly line of Mayfield ee Union (SEME), Local 1. Be it ordained by the Council of Road, a distance of 26.19 feet to an Whereas, this ordinance consti- the City of Cleveland: angle point; tutes an emergency measure provid- Section 1. That Section 1 of Ordi- 4. Thence North 01°08'12" West con- ing for the usual daily operation of nance No. 189-11, passed March 21, tinuing along the southerly line of a municipal department; now, there- 2011, is amended to read as follows: Mayfield Road, a distance of 10.00 feet fore, to an angle point; Be it ordained by the Council of 1.4924 ACRE PARCEL OF LAND 5. Thence North 88°51'48" East con- the City of Cleveland: tinuing along the southerly line of Section 1. That under division (B) Situated in the City of Cleveland, Mayfield Road, a distance of 60.73 feet of Section 4117.10 of the Revised County of Cuyahoga and State of to a point of curve; 942 June 1, 2011 The City Record 35

6. Thence continuing along the 9. Thence South 88°51'48" West (65,011 square feet) of land, more or southerly line of Mayfield Road, as along the northerly line of Permanent less, as surveyed under the supervi- widened and recorded in Volume 227, Parcel Number 121-01-031, a distance sion of Joseph R. Ciuni, P.S. Number Page 87 of Cuyahoga County Records, of 41.96 feet to an angle point; 7394, for Glaus, Pyle, Schomer, Burns and along the arc of a curve deflect- 10. Thence North 01°08'12" West & DeHaven, Inc., dba GPD Group, in ing to the left and having a radius of continuing along the northerly line of May of 2011. Basis of Bearing : State 202.00 feet, a central angle of Permanent Parcel Number 121-01-031, Plane Grid North NAD83 (NSRS2007), 19°50'57", a tangent of 35.34 feet, a a distance of 0.48 feet to an angle Ohio North Zone. chord of 69.63 feet which bears South point; Legal Description approved by 81°12'45" East, a distance of 69.98 feet 11. Thence South 72°23'29" West Greg Esber, Section Chief, Plats, Sur- to a point of tangency; continuing along the northerly line of veys and House Numbering Section. 7. Thence North 88°51'48" East con- Permanent Parcel Number 121-01-031, Section 2. That existing Section 1 of tinuing along the southerly line of a distance of 9.47 feet to an angle Ordinance No. 189-11, passed March 21, Mayfield Road, a distance of 19.45 feet point, and the northwesterly corner 2011, is repealed. to a point therein, and the northwest- thereof; erly corner of Block “A", as recorded Section 3. That this ordinance is In Volume 264, Page 56 of Cuyahoga 12. Thence South 42°52'23" West declared to be an emergency measure county Records; along the westerly line of Permanent and, provided it receives the affirma- 8. Thence South 01°08'12" East Parcel Number 121-01-031, a distance tive vote of two-thirds of all the mem- along the westerly line of said Block of 200.00 feet to the northeasterly line bers elected to Council, it shall take “A”, a distance of 138.00 feet to an of aforementioned Cornell Road, 60 effect and be in force immediately angle point, and the northeasterly feet wide; upon its passage and approval by the corner of land now or formerly owned 13. Thence North 47°03'17" West Mayor; otherwise it shall take effect by University Hospitals of Cleveland, along the northeasterly line of Cor- and be in force from and after the ear- Permanent Parcel Number 121-01-031, nell Road, 60 feet wide, a distance of liest period allowed by law. as recorded in Volume 577, Page 32 of 239.98 feet to the True Point of Begin- Passed May 23, 2011. Cuyahoga County Deed Records; ning, and containing 1.4924 acres Effective May 28, 2011.

Ord. No. 742-11. By Council Member Sweeney. An emergency ordinance to amend Section 113.12 of the Codified Ordinances of Cleveland, Ohio, 1976, as amend- ed by Ordinance No. 908-10, passed July 14, 2010, relating to fees for publications and services. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Section 113.12 of the Codified Ordinances of the City of Cleveland, 1976, as amended by Ordi- nance No. 908-10, passed July 14, 2010, is hereby amended to read as follows:

Section 113.12 Fees for Publications and Services (a) The Clerk of Council is hereby authorized to collect the following fees for Codified Ordinance parts reflect- ing certain code sections passed by Cleveland City Council complete through June 10, 2003, an edition of the City Charter complete through December 31, 2008, and editions of Parts I, V, and VI, complete through December 31, 2009: Unit Cost

Charter $ 6.02 Part I. Administrative Code $ 11.17 Part II. Health Code $ 17.04 Part IIIA. Land Use Code, Planning and Housing $ 14.94 Part IIIB. Zoning Code $ 10.40 Part IIIC. Land Use Code, Housing Code $ 14.25 Part IIID. Land Use Code, Fire Prevention Code $ 19.60 Part IIIE. Building Code $ 10.40 Part IV. Traffic Code $ 14.37 Part V. Municipal Utilities and Services Code $ 9.85 Part VI. Offenses and Business Activities Code $ 11.05 Complete Set $139.10

A complete set of the Codified Ordinances includes the Charter and all Parts noted above. The General Index, User’s Guide, tabbed dividers and binder, can be made available at an additional cost. (b) The Clerk of Council shall annually publish a supplement to the Codified Ordinances, which shall incor- porate all legislative changes enacted by Cleveland City Council during the previous 12 months. (c) The Clerk of Council is hereby authorized to collect the following fees for the supplement to the Codified Ordinances containing amendments passed by City Council from January 1, 2010 through December 31, 2010:

Supplement Unit Cost

Part I. $ 24.37 Part IIIB. $ 24.67 Part VI. $ 24.36 Complete Bound cumulative supplement (Charter & all parts) $278.00

(d) The Clerk of Council shall charge one dollar ($1.00) for each certification and five cents ($0.05) per page for copies of ordinances, resolutions, reports, communications and other documents. (e) All fees specified herein are net and any sales tax or postage, if applicable, shall be in addition to the fees set forth herein. (f) All fees collected in accordance with divisions (a) and (c) of this Section shall be deposited into a special revenue fund and such funds shall be used only for costs associated with reviewing, compiling, updating, index- ing, printing, and/or codifying the Codified Ordinances and any supplements to the Codified Ordinances, includ- ing any costs associated with alternative formats and internet accessibility. 943 36 The City Record June 1, 2011

Section 2. That existing Section 113.12 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordi- nance No. 908-10, passed July 14, 2010, is hereby repealed. Section 3. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force imme- diately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed May 23, 2011. Effective May 28, 2011.

Ord. No. 743-11. Ordinances shall apply to the persons the members elected to Council, it By Council Member Sweeney. named in Section 1 of this ordinance. shall take effect and be in force imme- An emergency ordinance authoriz- Section 3. That the privilege grant- diately upon its adoption and ing the Clerk of Council to enter into ed may be revoked at any time by this approval by the Mayor; otherwise it an agreement with Thunder Tech for Council. shall take effect and be in force from the professional services necessary to Section 4. That this ordinance is and after the earliest period allowed provide a software solution to update, declared to be an emergency measure by law. customize and implement a Cleveland and, provided it receives the affirma- Passed May 23, 2011. City Council website and to create a tive vote of two-thirds of all the mem- Effective May 28, 2011. Council Intranet site. bers elected to Council, it shall take Whereas, this ordinance consti- effect and be in force immediately tutes an emergency measure provid- upon its passage and approval by the ing for the usual daily operation of Mayor; otherwise, it shall take effect Ord. No. 761-11. a municipal department; now, there- and be in force from and after the ear- By Council Member Zone. fore, liest period allowed by law. An emergency ordinance authoriz- Be it ordained by the Council of Passed May 23, 2011. ing the Director of the Department of the City of Cleveland: Effective May 28, 2011. Community Development to enter into Section 1. That the Clerk of Coun- an agreement with the Detroit Shore- cil is authorized to enter into an way Community Development Orga- agreement with Thunder Tech for nization for the Gordon Square Arts the professional services necessary Ord. No. 759-11. District Community Event through to provide a software solution to By Council Member Polensek. the use of Ward 15 Neighborhood update, customize and implement a An emergency ordinance designat- Equity Funds. Cleveland City Council website and ing the intersection of East 174th Whereas, this ordinance consti- to create a Council Intranet site. Street and Nottingham Road by St. tutes an emergency measure provid- The cost of all services under this John’s Lutheran Church with a sec- ing for the usual daily operation of agreement shall not exceed $30,000 ondary and honorary designation of a municipal department; now, there- and shall be paid for from fund 11-006. “Pastor Walther Marcis Way.” fore, Section 2. That this ordinance is Whereas, this ordinance consti- Be it ordained by the Council of hereby declared to be an emergency tutes an emergency measure provid- the City of Cleveland: measure and, provided it receives the ing for the usual daily operation of Section 1. That the Director of the affirmative vote of two-thirds of all a municipal department; now, there- Department of Community Develop- the members elected to Council, it fore, ment be authorized to enter into an shall take effect and be in force imme- Be it ordained by the Council of agreement with the Detroit Shore- diately upon its passage and approval the City of Cleveland: way Community Development Orga- by the Mayor; otherwise it shall take Section 1. That the intersection of nization for the Discover Gordon effect and be in force from and after East 174th Street and Nottingham Square Arts District Community the earliest period allowed by law. Road by St. John’s Lutheran Church Event for the public purpose of pro- viding arts education, urban gar- Passed May 23, 2011. is designated with a secondary and dening programs and housing reha- Effective May 28, 2011. honorary designation of “Pastor bilitation information for city of Walther Marcis Way.” Cleveland residents through the use Section 2. That this ordinance is of Ward 15 Neighborhood Equity hereby declared to be an emergency Funds. measure and, provided it receives the Ord. No. 744-11. Section 2. That the cost of said con- By Council Member Mitchell. affirmative vote of two-thirds of all tract shall be in an amount not to An emergency ordinance authoriz- the members elected to Council, it exceed $10,000 and shall be paid from ing the issuance of a Temporary Side- shall take effect and be in force imme- Fund No. 10 SF 166. walk Occupancy Permit to Hattie Tin- diately upon its adoption and Section 3. That the Director of Law dall to engage in peddling in Ward 6. approval by the Mayor; otherwise it shall prepare and approve said con- Whereas, pursuant to Section shall take effect and be in force from tract and that the contract shall con- 675.07 of the Codified Ordinances of and after the earliest period allowed tain such terms and provisions as he Cleveland, Ohio, 1976, (the “Codified by law. deems necessary to protect the City’s Ordinances”) the consent of Council Passed May 23, 2011. interest. expressed by ordinance is a prereq- Effective May 28, 2011. Section 4. That this ordinance is uisite to peddling upon public rights hereby declared to be an emergency of way outside of the Central Busi- measure and, provided it receives the ness District; and affirmative vote of two-thirds of all Whereas, this Council has consid- Ord. No. 760-11. the members elected to Council, it ered the request of Hattie Tindall to By Council Member Polensek. shall take effect and be in force imme- engage in peddling outside of the An emergency ordinance designat- diately upon its passage and approval Central Business District, and has ing the intersection of Waterloo Road by the Mayor; otherwise it shall take determined that it is in the public and East 156th Street with a sec- effect and be in force from and after interest to allow Hattie Tindall ped- ondary and honorary designation of the earliest period allowed by law. dle in Ward 6; and “Miles Kennedy Square.” Passed May 23, 2011. Whereas, this ordinance consti- Whereas, this ordinance consti- Effective May 28, 2011. tutes an emergency measure provid- tutes an emergency measure provid- ing for the usual daily operation of ing for the usual daily operation of a municipal department; now, there- a municipal department; now, there- fore, fore, Ord. No. 762-11. Be it ordained by the Council of Be it ordained by the Council of By Council Member Dow. the City of Cleveland: the City of Cleveland: An emergency ordinance authoriz- Section 1. That this Council con- Section 1. That the intersection of ing the Director of the Department of sents, as required by, Section 675.07 Waterloo Road and East 156th Community Development to enter into of the Codified Ordinances to allow Street is designated with a sec- an agreement with the Famicos Foun- to Hattie Tindall to engage in ondary and honorary designation of dation for the Fatherhood Action Ini- mobile peddling in the public rights “Miles Kennedy Square.” tiative and Training Haven Project of way of Ward 6 at 3300-3308 East Section 2. That this ordinance is through the use of Ward 7 Neighbor- 93rd Street. hereby declared to be an emergency hood Equity Funds. Section 2. That all of the require- measure and, provided it receives the Whereas, this ordinance consti- ments of Chapter 675 of the Codified affirmative vote of two-thirds of all tutes an emergency measure provid- 944 June 1, 2011 The City Record 37 ing for the usual daily operation of ing for the usual daily operation of August 2, 2011, inclusive, publicizing a municipal department; now, there- a municipal department; now, there- the Summer Concert at Halloran fore, fore, Park. Be it ordained by the Council of Be it ordained by the Council of Whereas, this ordinance constitutes the City of Cleveland: the City of Cleveland: an emergency measure providing for Section 1. That the Director of the Section 1. That the Director of the usual daily operation of a munici- Department of Community Develop- Finance is authorized to enter into pal department; now, therefore, ment be authorized to enter into an an agreement with Cleveland Com- Be it ordained by the Council of agreement with the Famicos Foun- munity Access Corporation the City of Cleveland: dation for the Fatherhood Action (“CCAC”) for CCAC’s management Section 1. That notwithstanding Initiative and Training Haven Pro- of public access channels. the provision of Section 623.13 of the ject for the public purpose of pro- Section 2. That the agreement shall Codified Ordinances of Cleveland, viding instructional programming not exceed $200,000 and shall be paid Ohio, 1976, the Director of Public and education on the development of from the fund or funds designated by Service is hereby authorized and fatherhood skills and healthy father the Director of Finance and appropri- directed to issue a permit to the Hal- and child interaction for residents ated for this purpose. loran Park Summer Concert Club to residing in the city of Cleveland Section 3. That this ordinance is stretch banners at West 117th (west- through the use of Ward 7 Neigh- declared to be an emergency measure side); 5 poles at Halloran Park, W. borhood Equity Funds. and, provided it receives the affirma- 117th (eastside); 3 poles at corner of Section 2. That the cost of said con- tive vote of two-thirds of all the mem- Thrush & W. 117th; 3575 W. 117th; tract shall be in an amount not to bers elected to Council, it shall take and corner of Dale & West 117th; for exceed $15,000 and shall be paid from effect and be in force immediately the period of time from July 4, 2011 Fund No. 10 SF 166. upon its passage and approval by the to August 2, 2011, inclusive, publi- Section 3. That the Director of Law Mayor; otherwise it shall take effect cizing the Summer Concert at Hal- shall prepare and approve said con- and be in force from and after the ear- loran Park; inclusive. Said banners tract and that the contract shall con- liest period allowed by law. shall be approved by the Director of tain such terms and provisions as he Passed May 23, 2011. Public Safety, as to type, method of deems necessary to protect the City’s Effective May 28, 2011. affixing and location so as to not interest. interfere with any sign erected and Section 4. That this ordinance is maintained under the requirements hereby declared to be an emergency of law or ordinance. The permission measure and, provided it receives the Ord. No. 771-11. of the owner of any pole from which affirmative vote of two-thirds of all By Council Member Sweeney. a banner will be hung must be the members elected to Council, it An emergency ordinance authoriz- obtained prior to issuance of the shall take effect and be in force imme- ing the Clerk of Council to enter into permit. No commercial advertising diately upon its passage and approval a professional services agreement shall be printed or permitted on said by the Mayor; otherwise it shall take with Francesca Piccirillo to provide banner and said banners shall be effect and be in force from and after assistance to the Office of the Clerk removed promptly upon the expira- the earliest period allowed by law. and the members of Cleveland City tion of said permit. Passed May 23, 2011. Council in any and all matters related Section 2. That this ordinance is Effective May 28, 2011. to official Council business. hereby declared to be an emergency Whereas, this ordinance consti- measure and, provided it received the tutes an emergency measure provid- affirmative vote of two-thirds of all ing for the usual daily operation of the members elected to Council, it Ord. No. 764-11. a municipal department; now, there- shall take effect and be in force imme- By Council Member Keane. fore, diately upon its passage and approval An emergency ordinance authoriz- Be it ordained by the Council of by the Mayor; otherwise, it shall take ing the Director of Port Control to the City of Cleveland: effect and be in force from and after enter into a lease with the USS Cod or Section 1. That the Clerk of Coun- the earliest period allowed by law. its designee for use of parking Lots 9 cil is authorized to enter into a pro- Passed May 23, 2011. and 10. fessional services agreement with Effective May 28, 2011. Whereas, this ordinance consti- Francesca Piccirillo to provide assis- tutes an emergency measure provid- tance to the Office of the Clerk and ing for the usual daily operation of the members of Cleveland City COUNCIL COMMITTEE a municipal department; now, there- Council in any and all matters relat- MEETINGS fore, ed to official Council business, as Be it ordained by the Council of may be directed by the Clerk or her the City of Cleveland: designees. The agreements shall Tuesday, May 31, 2011 Section 1. That the Director of begin June 1, 2011 and terminate 9:30 a.m. Port Control is authorized to enter August 31, 2011. The individuals into a lease with the USS Cod or its shall be paid on an hourly basis in Community and Economic Devel- designee for use of parking Lots 9 an amount not to exceed 10.00 per opment Committee: Present: Bran- and 10 for a period of 6 months hour and shall be certified from catelli, Chair; Dow, Vice Chair, Cim- beginning June 1, 2011. That the fund numbers 632000-01-010100 perman, Cummins, J. Johnson, lease shall contain all such other and/or Fund No. 10 SF 166. Miller, Pruitt, Westbrook, Zone. provisions that the Director of Law Section 2. That this ordinance is deems appropriate. hereby declared to be an emergency 1:30 p.m. Section 2. That this ordinance is measure and, provided it receives the declared to be an emergency measure affirmative vote of two-thirds of all Employment, Affirmative Action and, provided it receives the affirma- the members elected to Council, it and Training Committee: Present: tive vote of two-thirds of all the mem- shall take effect and be in force imme- Pruitt, Chair; Miller, Vice Chair; bers elected to Council, it shall take diately upon its passage and approval Cummins, Mitchell. Authorized effect and be in force immediately by the Mayor; otherwise it shall take Absence: J. Johnson, K. Johnson, upon its passage and approval by the effect and be in force from and after Westbrook. Mayor; otherwise it shall take effect the earliest period allowed by law. and be in force from and after the ear- Passed May 23, 2011. Wednesday, June 1, 2011 liest period allowed by law. Effective May 28, 2011. 9:00 a.m. Passed May 23, 2011. Effective May 28, 2011. Public Safety Committee: Present: Conwell, Chair; Polensek, Vice Ord. No. 781-11. Chair; Brady, Cummins, Dow, By Council Member Brady. Mitchell, Zone. Authorized Absence: Ord. No. 765-11. An emergency ordinance authoriz- Cleveland, Miller. By Council Member Sweeney. ing and directing the director of Pub- An emergency ordinance authoriz- lic Service to issue a permit to the 1:30 p.m. ing the Director of Finance to enter Halloran Park Summer Concert Club into an agreement with Cleveland to stretch banners at West 117th Public Utilities Committee: Pre- Community Access Corporation for (westside); 5 poles at Halloran Park, sent: Kelley, Chair; Brady, Vice management of public access chan- W. 117th (eastside); 3 poles at corner Chair; Conwell, Cummins, Dow, nels. of Thrush & W. 117th; 3575 W. 117th; Polensek, Pruitt, Westbrook. Autho- Whereas, this ordinance consti- and corner of Dale & West 117th; for rized Absence: Miller. Pro tempore: tutes an emergency measure provid- the period of time from July 4, 2011 to Sweeney. 945 38 The City Record June 1, 2011 Index

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

Aging Department

Senior Homeowners Assistance Program (SHAP) and CHORE Program — expend CDBG funds — Community Development (O 637-11)...... 936

Agreements

Cleveland Community Access Corporation — management of public access channels (O 765-11) ...... 945 Detroit Shoreway Community Development Organization — Gordon Square Arts District Community Event (Ward 15 NEF) (O 761-11)...... 944 Famicos Foundation — Fatherhood Action Initiative and Training Haven Project (Ward 07 NEF) (O 762-11) ...... 944 Public Works — RTA for bus shelters on Lorain Ave. & West 25th Street (O 600-11) ...... 934 Safety Department — MetroHealth System — Operate EMS base (O 1630-10) ...... 923 Thunder Tech — professional services — City Council website & create a Intranet site (O 743-11) ...... 944

Appropriations

Administrative expenses — appropriate CDBG funds — Community Development Department (O 633-11) ...... 935 Code Enforcement Program — administrative expenses — appropriate CDBG funds — Building and Housing Department — Code Enforcement Division (O 632-11) ...... 935 Demolition Program and Board-up Program — appropriate CDBG funds — Building and Housing Department — Community Development Department (O 635-11) ...... 936 Foreclosure prevention and anti-predatory lending assistance — appropriate CDBG funds — Community Development (O 634-11)...... 935 Housing Rehabilitation Programs — Section 8 HQS inspections — appropriate CDBG and Federal HOME Program funds (O 638-11) ...... 936 Low Interest Loan and Grant Program — expend CDBG and Federal HOME funds — contracts with various agencies (O 639-11)...... 937 Senior Homeowners Assistance Program (SHAP) and CHORE Program — expend CDBG funds — Aging Department — Community Development (O 637-11) ...... 936

Banners

Halloran Park Summer Concert Club — W. 117th Street (various location) — July 4th — Aug. 2nd — Summer Concert at Halloran Park (Ward 17) (O 781-11) ...... 945

Board of Building Standards and Building Appeals

Amos Avenue, 8103, (Ward 6) — Joseph Johnson, owner — appeal adopted on 5/25/11 (Doc. A-391-10) ...... 920 Beulah Avenue, 11906, (Ward 9) — Charles Willis, owner — appeal resolved on 5/25/11 (Doc. A-407-10) ...... 918 Brainard Avenue, 1830, (Ward 14) — Jacqueline Matinez, owner — appeal adopted on 5/25/11 (Doc. A-386-10) ...... 920 East 107th Street, 678, (Ward 9) — Mack J. Johnson, Jr., owner — appeal resolved on 5/25/11 (Doc. A-396-10) ...... 918 East 118th Street, 1498, (Ward 9) — Blanch Newton, owner — appeal adopted on 5/25/11 (Doc. A-400-10) ...... 920 East 124th Street, 1271, (Ward 9) — Coleman Trucking Inc., owner — appeal adopted on 5/25/11 (Doc. A-447-10)...... 920 East 144th Street, 3524 , (Ward 1) — Francis Kirby, owner — appeal resolved on 5/25/11 (Doc. A-441-10) ...... 919 East 146th Street, 900, (Ward 10) — Caraman Corp., owner — appeal adopted on 5/25/11 (Doc. A-358-10) ...... 919 East 146th Street, 945, (Ward 10) — Calvin Brooks, owner — appeal adopted on 5/25/11 (Doc. A-409-10) ...... 919 East 146th Street, 947, (Ward 10) — Calvin Brooks, owner — appeal adopted on 5/25/11 (Doc. A-410-10) ...... 919 East 150th Street, 935, (Ward 10) — Donald King, owner — appeal resolved on 5/25/11 (Doc. A-427-10) ...... 919 East 165th Street, 744, (Ward 11) — Thor Real Estate, owner — appeal adopted on 5/25/11 (Doc. A-493-10) ...... 920 East 40th Street, 1163, (Ward 5) — Ariel Ventures, LLC, owner — appeal resolved on 5/25/11 (Doc. A-145-11) ...... 919 946 June 1, 2011 The City Record 39

East 40th Street, 1668, (Ward 5) — Cash Mischka, owner — appeal withdrawn on 5/25/11 (Doc. A-455-10) ...... 919 East 55th Street, 1795, (Ward 7) — Woodrow Garrick, owner — appeal resolved on 5/25/11 (Doc. A-399-10) ...... 918 East 59th Street, 3699, (Ward 12) — Moise Magda Jr., owner — appeal adopted on 5/25/11 (Doc. A-401-10) ...... 919 East 84th Street, 2365, (Ward 6) — Spring Hills, LLC, owner — appeal resolved on 5/25/11 (Doc. A-411-10) ...... 918 East 86th Street, 1376, (Ward 7) — Claude H. & Mary E. Jones, owner — appeal resolved on 5/25/11 (Doc. A-423-10) ...... 919 East 86th Street, 2318, (Ward 6) — Fred D. McKissack, owner — appeal adopted on 5/25/11 (Doc. A-383-10) ...... 920 East 88th Street, 2352, (Ward 6) — Almon L. Harris/MCD Propertys Ltd., owner — appeal adopted on 5/25/11 (Doc. A-421-10)...... 920 Elizabeth Avenue, 9414, (Ward 2) — Shawnee Fox, owner — appeal resolved on 5/25/11 (Doc. A-412-10) ...... 918 Elizabeth Avenue, 9522, (Ward 2) — San Scott Investments, LLC, owner — appeal postponed to 6/8/11 on 5/25/11 (Doc. A-424-10) ...... 919 Euclid Avenue, 11100, (Ward 9) — University Hospitals, owner — appeal adopted on 5/25/11 (Doc. A-133-11) ...... 920 Euclid Avenue, 2010, (Ward 3) — Bedo LLC, owner — appeal adopted on 5/25/11 (Doc. A-27-11) ...... 920 Forest Avenue, 11910, (Ward 4) — Sterling Feaster, owner — appeal resolved on 5/25/11 (Doc. A-422-10) ...... 918 Franklin Avenue, 4308, (Ward 3) — Michelle Ann Heimburger, owner — appeal adopted on 5/25/11 (Doc. A-388-10)...... 920 Halliday Avenue, 15710, (Ward 11) — David Rosen, owner — appeal resolved on 5/25/11 (Doc. A-392-10) ...... 917 Jefferson Avenue, 819, (Ward 3) — Thomas Bell, owner — appeal adopted on 5/25/11 (Doc. A-398-10) ...... 919 Kelso Avenue, 13713, (Ward 10) — Thor Real Estate, owner — appeal adopted on 5/25/11 (Doc. A-402-10) ...... 919 Linton Avenue, 5701, (Ward 12) — Larry Crowley, owner — appeal adopted on 5/25/11 (Doc. A-381-10) ...... 920 Matherson Avenue, 12509, (Ward 19) — Imran Abdul-Adil, owner — appeal adopted on 5/25/11 (Doc. A-92-11) ...... 920 Morison Avenue, 10802, (Ward 8) — Woodrow J. Rollins, owner — appeal resolved on 5/25/11 (Doc. A-426-10) ...... 919 Mt. Overlook, 11213, (Ward 6) — Lavonia Brown/L.B.T. Enterprises, LLC, owner — appeal withdrawn on 5/25/11 (Doc. A-406-10) ...... 918 Norwood Road, 1191, (Ward 7) — Leo Vovk, owner — appeal postponed to 6/8/11 on 5/25/11 (Doc. A-395-10) ...... 918 Pearl Road, 3881, (Ward 13) — Pearl Development, owner — appeal adopted on 5/25/11 (Doc. A-153-11) ...... 920 Platt Avenue, 8114, (Ward 6) — Innovation Development, LLC, owner — appeal resolved on 5/25/11 (Doc. A-425-10) ...... 919 Professor Avenue, 2418, (Ward 3) — Thomas Bell, owner — appeal adopted on 5/25/11 (Doc. A-397-10) ...... 919 Prospect Avenue, 2344, (Ward 5) — Paul Bures, owner — appeal adopted on 5/25/11 (Doc. A-419-10) ...... 920 Public Square, 100, (Ward 3) — Forest Bay Tower City, LLC, c/o Rock Ohio Caesars, LLC, owner — appeal adopted on 5/25/11 (Doc. A-83-11) ...... 919 St. Clair Avenue, 1, (Ward 3) — MMPI Cleveland Development LLC, owner — appeal adopted on 5/25/11 (Doc. A-132-11)...... 920 State Road, 4380, (Ward 13) — Abe Shehadeh, owner — appeal adopted on 5/25/11 (Doc. A-420-10) ...... 920 Superior Avenue, 11015, (Ward 9) — Willie Coleman, owner — appeal amended and adopted on 5/25/11 (Doc. A-404-10) ...... 919 Warner Road, 4371, (Ward 2) — Robert Wolters, owner — appeal resolved on 5/25/11 (Doc. A-403-10) ...... 918 West 114th Street, 1425, (Ward 17) — Nicholas Gory, owner — appeal adopted on 5/25/11 (Doc. A-379-10) ...... 920 White Avenue, 5604, (Ward 7) — Almon L. Harris, owner — appeal adopted on 5/25/11 (Doc. A-140-11) ...... 920 White Avenue, 5606, (Ward 7) — Almon L. Harris, owner — appeal adopted on 5/25/11 (Doc. A-139-11) ...... 920

Board of Control — Burke Lakefront Airport Division

Parking and landing fees for aircraft — per C.O. Sec. 571.85, 139.051 — rescind BOC Res. 194-10 — Dept. of Port Control (BOC Res. 239-11) ...... 913

Board of Control — Capital Projects Office

Engineering services for Voinovich Park Pedestrian Bridge — modify Contract #68816 per BOC Res. 387-08 (BOC Res. 241-11) ...... 914 947 40 The City Record June 1, 2011

Board of Control — Cleveland Hopkins International Airport Division

Annual Budget, 2011 — Rentals and Landing Fee Rates — Lease with Original Scheduled Airlines and Additional Scheduled Airlines — effective 1/1/11 (BOC Res. 240-11) ...... 914 Parking and landing fees for aircraft — per C.O. Sec. 571.85, 139.051 — rescind BOC Res. 194-10 — Dept. of Port Control (BOC Res. 239-11) ...... 913

Board of Control — Cleveland Public Power Division

Accounting services for bond indentures — per C.O. Sec. 127.09 to Black & Veatch Corporation — Dept. of Public Utilities (BOC Res. 228-11) ...... 911 Energy Adjustment Charge — rates, rules and regulations — amend BOC Res. 79-00, 669-05 — Dept. of Public Utilities (BOC Res. 234-11) ...... 912 Engineering (electrical) and planning services — amend Contract #69215 per BOC Res. 163-09 — Dept. of Public Utilities (BOC Res. 233-11) ...... 912

Board of Control — Community Development Department

East 87th Street (Ward 6) — PPN 119-32-128 — amend BOC Res. 201-11 (BOC Res. 250-11)...... 916 St. Clair Avenue, 11008 and 11016 and Lakeview Avenue (Ward 9) — PPN 110-01-002/003/059 — David Ali per Ord. 256-11 (BOC Res. 248-11)...... 916 West 60th Street, 3407 (Ward 15) — PPN 016-16-075 — Carlos Rodriguez and Ingrid Rodriguez (BOC Res. 249-11) ...... 916

Board of Control — Finance Department

Advantage planning software maintenance and technical support — Contract #68408 per BOC Res. 384-08 — CGI Technologies and Solutions, Inc. (BOC Res. 227-11) ...... 911 Cellular devices, services, wireless connectivity and equipment — modify Contract #ST2010*004 — Sprint Solutions, Inc. (BOC Res. 229-11) ...... 912 Paint and paint supplies — per C.O. Sec. 181.101 — bids rejected (BOC Res. 231-11) ...... 912 Paint and paint supplies — per C.O. Sec. 181.101 to The Sherwin Williams Company, Inc. (BOC Res. 230-11) ...... 912 Plumbing and plumbing supplies — per C.O. Sec. 181.101 to Lake Erie Winnelson, Inc. (BOC Res. 232-11) ...... 912

Board of Control — Land Reutilization Program

East 87th Street (Ward 6) — PPN 119-32-128 — amend BOC Res. 201-11 (BOC Res. 250-11)...... 916 St. Clair Avenue, 11008 and 11016 and Lakeview Avenue (Ward 9) — PPN 110-01-002/003/059 — David Ali per Ord. 256-11 (BOC Res. 248-11)...... 916 West 60th Street, 3407 (Ward 15) — PPN 016-16-075 — Carlos Rodriguez and Ingrid Rodriguez (BOC Res. 249-11) ...... 916

Board of Control — Leases

Annual Budget, 2011 — Rentals and Landing Fee Rates — Lease with Original Scheduled Airlines and Additional Scheduled Airlines — effective 1/1/11 (BOC Res. 240-11) ...... 914

Board of Control — Port Control Department

Annual Budget, 2011 — Rentals and Landing Fee Rates — Lease with Original Scheduled Airlines and Additional Scheduled Airlines — effective 1/1/11 (BOC Res. 240-11) ...... 914 Parking and landing fees for aircraft — per C.O. Sec. 571.85, 139.051 — rescind BOC Res. 194-10 — Divisions of Cleveland Hopkins International Airport and Burke Lakefront Airport (BOC Res. 239-11) ...... 913

Board of Control — Professional Service Contracts

Accounting services for bond indentures — per C.O. Sec. 127.09 to Black & Veatch Corporation — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 228-11) ...... 911 Advantage planning software maintenance and technical support — Contract #68408 per BOC Res. 384-08 — CGI Technologies and Solutions, Inc. — Dept. of Finance (BOC Res. 227-11) ...... 911 Computer Aided Dispatch System maintenance and technical support — Contract #2010*051 per Ord. 610-09 — Intergraph Public Safety Inc. — Dept. of Public Safety (BOC Res. 242-11)...... 915 Engineering (electrical) and planning services — amend Contract #69215 per BOC Res. 163-09 — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 233-11) ...... 912 Engineering services for Voinovich Park Pedestrian Bridge — modify Contract #68816 per BOC Res. 387-08 — Office of Capital Projects (BOC Res. 241-11) ...... 914

Board of Control — Public Safety Department

Computer Aided Dispatch System maintenance and technical support — Contract #2010*051 per Ord. 610-09 — Intergraph Public Safety Inc. (BOC Res. 242-11)...... 915 948 June 1, 2011 The City Record 41

Board of Control — Public Utilities Department

Accounting services for bond indentures — per C.O. Sec. 127.09 to Black & Veatch Corporation — Division of Cleveland Public Power (BOC Res. 228-11) ...... 911 Energy Adjustment Charge — rates, rules and regulations of Division of Cleveland Public Power — amend BOC Res. 79-00, 669-05 — Division of Cleveland Public Power (BOC Res. 234-11) ...... 912 Engineering (electrical) and planning services — amend Contract #69215 per BOC Res. 163-09 — Division of Cleveland Public Power (BOC Res. 233-11) ...... 912 Landscape maintenance — per Ord. 1599-10 — all bids rejected — Divisions of Water and Water Pollution Control (BOC Res. 238-11) ...... 913 Power supply system, uninterruptible, backup generators, components and specialized batteries maintenance, fuel testing and recycling — per Ord. 1600-10 to W.W. Williams Midwest, Inc. (BOC Res. 235-11)...... 913 Power supply system, uninterruptible, backup generators, components and specialized batteries maintenance, fuel testing and recycling — per Ord. 1600-10 to Warner Diesel Filtration (BOC Res. 236-11) ...... 913 Power supply system, uninterruptible, backup generators, components and specialized batteries maintenance, fuel testing and recycling — per Ord. 1600-10 — bids rejected (BOC Res. 237-11) ...... 913

Board of Control — Public Works Department

Automated Waste Collection and Curbside Receptacles (Recycling Program) maintenance, repair and refurbishment — amend BOC Res. 152-11 — Division of Waste Collection and Disposal (BOC Res. 243-11)...... 915 Automated Waste Collection and Curbside Receptacles (Recycling Program) maintenance, repair and refurbishment — amend BOC Res. 153-11 — Division of Waste Collection and Disposal (BOC Res. 244-11)...... 915 Food, food products, beverages, condiments and paper products for Camp Forbes — per Ord. 1506-10 to Gordon Food Service — Division of Recreation (BOC Res. 246-11) ...... 915 Meals for summer food program, 2011 — per Ord. 1506-10 to Tom Paige Catering Company — Division of Recreation (BOC Res. 247-11) ...... 915 Pool chemicals — per C.O. Sec. 181.101 to Barber’s Chemicals Inc. — Division of Recreation (BOC Res. 245-11) ...... 915

Board of Control — Recreation Division

Food, food products, beverages, condiments and paper products for Camp Forbes — per Ord. 1506-10 to Gordon Food Service — Dept. of Public Works (BOC Res. 246-11) ...... 915 Meals for summer food program, 2011 — per Ord. 1506-10 to Tom Paige Catering Company — Dept. of Public Works (BOC Res. 247-11)...... 915 Pool chemicals — per C.O. Sec. 181.101 to Barber’s Chemicals Inc. — Dept. of Public Works (BOC Res. 245-11) ...... 915

Board of Control — Requirement Contracts

Automated Waste Collection and Curbside Receptacles (Recycling Program) maintenance, repair and refurbishment — amend BOC Res. 152-11 — Division of Waste Collection and Disposal, Dept. of Public Works (BOC Res. 243-11) ...... 915 Automated Waste Collection and Curbside Receptacles (Recycling Program) maintenance, repair and refurbishment — amend BOC Res. 153-11 — Division of Waste Collection and Disposal, Dept. of Public Works (BOC Res. 244-11) ...... 915 Cellular devices, services, wireless connectivity and equipment — modify Contract #ST2010*004 — Sprint Solutions, Inc. — Dept. of Finance (BOC Res. 229-11) ...... 912 Food, food products, beverages, condiments and paper products for Camp Forbes — per Ord. 1506-10 to Gordon Food Service — Division of Recreation, Dept. of Public Works (BOC Res. 246-11) ...... 915 Meals for summer food program, 2011 — per Ord. 1506-10 to Tom Paige Catering Company — Division of Recreation, Dept. of Public Works (BOC Res. 247-11) ...... 915 Paint and paint supplies — per C.O. Sec. 181.101 to The Sherwin Williams Company, Inc. — Dept. of Finance (BOC Res. 230-11)...... 912 Plumbing and plumbing supplies — per C.O. Sec. 181.101 to Lake Erie Winnelson, Inc. — Dept. of Finance (BOC Res. 232-11)...... 912 Pool chemicals — per C.O. Sec. 181.101 to Barber’s Chemicals Inc. — Division of Recreation, Dept. of Public Works (BOC Res. 245-11) ...... 915 Power supply system, uninterruptible, backup generators, components and specialized batteries maintenance, fuel testing and recycling — per Ord. 1600-10 to W.W. Williams Midwest, Inc. — Dept. of Public Utilities (BOC Res. 235-11)...... 913 Power supply system, uninterruptible, backup generators, components and specialized batteries maintenance, fuel testing and recycling — per Ord. 1600-10 to Warner Diesel Filtration — Dept. of Public Utilities (BOC Res. 236-11) ...... 913 949 42 The City Record June 1, 2011

Board of Control — Waste Collection and Disposal Division

Automated Waste Collection and Curbside Receptacles (Recycling Program) maintenance, repair and refurbishment — amend BOC Res. 152-11 — Dept. of Public Works (BOC Res. 243-11) ...... 915 Automated Waste Collection and Curbside Receptacles (Recycling Program) maintenance, repair and refurbishment — amend BOC Res. 153-11 — Dept. of Public Works (BOC Res. 244-11) ...... 915

Board of Control — Water Division

Landscape maintenance — per Ord. 1599-10 — all bids rejected — Dept. of Public Utilities (BOC Res. 238-11) ...... 913

Board of Control — Water Pollution Control Division

Landscape maintenance — per Ord. 1599-10 — all bids rejected — Dept. of Public Utilities (BOC Res. 238-11) ...... 913

Board of Zoning Appeals — Report

Chesterfield Avenue, 12302, (Ward 9) — Gary Warner, owner and Marcella Simmons, prospective purchaser — appeal heard on 5/31/11 (Cal. 11-61) ...... 917 Detroit Avenue, 11100, (Ward 16) — La Cresta Properties LLC, owner, and Andi Ramazani, tenant — appeal granted and adopted on 5/31/11 (Cal. 11-60)...... 917 East 73rd Street, 2274, (Ward 5) — East Central Townhomes, LLC and Burten Bell Carr Development Corporation, owners — appeal granted and adopted on 5/31/11 (Cal. 11-64) ...... 917 Ford Drive, 1901, (Ward 9) — Case Western Reserve University, owner — appeal granted and adopted on 5/31/11 (Cal. 11-62) ...... 917 Jefferson Avenue, 961, (Ward 3) — Angel Cuevas, owner — appeal postponed to 7/18/11 on 5/31/11 (Cal. 11-32)...... 917 Lorain Avenue, 15600, (Ward 19) — Lakepark Congregation, owner — appeal granted and adopted on 5/31/11 (Cal. 11-59) ...... 917 Professor Avenue, 2247, (Ward 3) — 6530 Carnegie, Ltd., owner and Dante Boccuzzi — appeal heard on 5/31/11 (Cal. 11-37) ...... 917 Professor Street, 2365-73, (Ward 3) — Mark LaGrange, owner — appeal dismissed on 5/31/11 (Cal. 11-36)...... 917 Spokane Avenue, 4501, (Ward 13) — Donald Prather, owner — appeal heard on 5/31/11 (Cal. 11-68)...... 917 St. Clair Avenue, 10601-35, (Ward 8) — Shirley Russell, owner — appeal dismissed on 5/31/11 (Cal. 11-66)...... 917 West 152nd Street, 3812, (Ward 19) — Clinton McCor, owner — appeal heard on 5/31/11 (Cal. 11-65)...... 917 West 163rd Street, 4034, (Ward 19) — Mark and Mary Beth Burger, owners — appeal heard on 5/31/11 (Cal. 11-48)...... 917 West 6th Street, 2149, (Ward 3) — Todd Burger and Kristie Beck, owners — appeal granted and adopted on 5/31/11 (Cal. 11-63) ...... 917

Board of Zoning Appeals — Schedule

Brighton Avenue, 12212, (Ward 17) — Walter Worsham, Jr., owner — appeal to be heard on 6/13/11 (Cal. 11-81)...... 917 East 151st Street, 3800, (Ward 2) — Samuel Smith, owner — appeal to be heard on 6/13/11 (Cal. 11-76)...... 917 Scottwood Avenue, 11502, (Ward 9) — Raymond and Romona Hall, owners — appeal to be heard on 6/13/11 (Cal. 11-79) ...... 917 South Waterloo Road, 16300, (Ward 11) — R3 Reality LLC, owner, and HRC&R and Azi Ukshii, tenant — appeal to be heard on 6/13/11 (Cal. 11-77) ...... 917 Storer Avenue, 6102, (Ward 15) — Khalil Ewais, owner — appeal to be heard on 6/13/11 (Cal. 11-75)...... 916 West 25th Street, 1616, (Ward 3) — Ojala Properties LLC, owner and Wael Ayyad, tenant — appeal to be heard on 6/13/11 (Cal. 11-72) ...... 916 West 38th Street, 1808, (Ward 3) — Nicholas Graor, owner — appeal to be heard on 6/13/11 (Cal. 11-78)...... 917

Building and Housing Department

Code Enforcement Program — administrative expenses — appropriate CDBG funds — Building and Housing Department — Code Enforcement Division (O 632-11) ...... 935 Demolition Program and Board-up Program — appropriate CDBG funds — Building and Housing Department — Community Development Department (O 635-11) ...... 936

City Council

Piccirillo, Francesca — agreement — professional services (O 771-11)...... 945 Summer meeting schedule, 2011 (R 763-11) ...... 921 950 June 1, 2011 The City Record 43

Thunder Tech — agreement — professional services — City Council website & create a Intranet site (O 743-11) ...... 944

City of Cleveland Bids

Cleveland Browns Stadium capital improvements, 2010-2011 — Department of Public Works — Division of Architecture and Site Improvement — per Ord. 550-10 — bid due June 10, 2011 (advertised 5/25/2011 and 6/1/2011) ...... 920 Landscaping at various Public Utilities facilities — Department of Public Utilities — per Ord. 1599-10 — bid due June 23, 2011 (advertised 5/25/2011 and 6/1/2011) ...... 920 Safety surface and signage improvements — Department of Public Works — Division of Architecture and Site Improvement — per Ord. 607-10 — bid due June 10, 2011 (advertised 5/25/2011 and 6/1/2011)...... 920 West Side Market upgrades (Re-bid) — Department of Public Works — Division of Architecture and Site Improvement — per Ord. 487.07 — bid due June 23, 2011 (advertised 5/25/2011 and 6/1/2011)...... 921

City Planning Commission

Appointing board for Market District — S.I.D. (R 704-11) ...... 921 Intersection (East 174th St. & Nottingham Rd.) — Pastor Walther Marcis Way — secondary and honorary designation (Ward 11) (O 759-11) ...... 944 Intersection (Waterloo Rd. & East 156th St.) — Miles Kennedy Square — secondary and honorary designation (Ward 11) (O 760-11) ...... 944 N.E. corner (Parkgate Ave. & East Blvd.) — change Use, Area and Height District — Multi-Family Residential Use District (Ward 08) (O 710-11)...... 940

Clerk of Council

Piccirillo, Francesca — agreement — professional services — City Council (O 771-11)...... 945 Summer meeting schedule, 2011 (R 763-11) ...... 921

Cleveland Municipal School District

Public Works & Finance — contracts — CMSD for recreational, cultural, and extracurricular programs for the 2010-11 school year (O 562-11) ...... 934

Cleveland Public Power

Utilities Department — contract — American Municipal Power — Efficiency Smart Power Plant energy efficiency program (O 501-11) ...... 932 Utilities Department — contract — professional consultants — perform a rate study (O 528-11) ...... 933 Utilities Department — contracts — Kubra Data Transfer Ltd. — professional services — provide online bill payment & bill presentation services (O 557-11) ...... 933

Codified Ordinances

Fees for Publications and Services — amend Section 113.12 (O 742-11) ...... 943 Utilities Department — Amend various Sect(s) of Chapters 531, 533, and 535 — Rates & Charges for water service (O 462-11) ...... 924

Collective Bargaining Agreements

IBEW, Local 39 — collective bargaining agreement — amend Sect. 24 of Ord. No. 947-08 — Finance Department — Human Resource Department (O 738-11) ...... 941 Local 100, AFSCME Ohio Council 8 — collective bargaining agreement — Finance Department — Human Resources Department (O 739-11) ...... 942 Service Equipment Employee Union (SEME), Local 1 — collective bargaining agreement — Finance Department — Human Resources Department (O 740-11) ...... 942

Community Development Department

Administrative expenses — appropriate CDBG funds (O 633-11) ...... 935 Cleveland Action to Support Housing, Inc. (CASH) — CDBG funds (O 640-11) ...... 937 Demolition Program and Board-up Program — appropriate CDBG funds — Building and Housing Department (O 635-11)...... 936 Detroit Shoreway Community Development Organization — agreement — Gordon Square Arts District Community Event (Ward 15 NEF) (O 761-11) ...... 944 Economic Development — Amend Ord. No. 2567-A-88, passed January 30, 1989, — Neighborhood Development Program (O 644-11) ...... 938 Famicos Foundation — agreement — Fatherhood Action Initiative and Training Haven Project (Ward 07 NEF) (O 762-11) ...... 944 Foreclosure prevention and anti-predatory lending assistance — appropriate CDBG funds (O 634-11) ...... 935 Garden program — non-profit agencies (O 642-11)...... 938 951 44 The City Record June 1, 2011

Housing Rehabilitation Programs — Section 8 HQS inspections — appropriate CDBG and Federal HOME Program funds (O 638-11) ...... 936 Low Interest Loan and Grant Program — expend CDBG and Federal HOME funds — contracts with various agencies (O 639-11)...... 937 Neighborhood Development programs — enter and amend contracts or memorandums of understanding — expend funds (O 643-11) ...... 938 Poe Ave., 4200 — PPN 015-11-088 — Land Reutilization Program — Carlos Caraballo & Rosario Caraballo (Ward 14) (O 215-11) ...... 923 Senior Homeowners Assistance Program (SHAP) and CHORE Program — expend CDBG funds — Aging Department (O 637-11)...... 936 Storefront Renovation and Commercial Revitalization Programs — rebate and loan agreements (O 641-11) ...... 937 West 48th St., 3198 — PPN 016-13-025 — Land Reutilization Program — Zuleyka Luciano (Ward 14) (O 216-11) ...... 924

Community Development Block Grant Program

Administrative expenses — appropriate CDBG funds — Community Development Department (O 633-11) ...... 935 Cleveland Action to Support Housing, Inc. (CASH) — CDBG funds — Community Development (O 640-11)...... 937 Code Enforcement Program — administrative expenses — appropriate CDBG funds — Building and Housing Department — Code Enforcement Division (O 632-11) ...... 935 Demolition Program and Board-up Program — appropriate CDBG funds — Building and Housing Department — Community Development Department (O 635-11) ...... 936 Foreclosure prevention and anti-predatory lending assistance — appropriate CDBG funds — Community Development (O 634-11)...... 935 Garden program — non-profit agencies (O 642-11)...... 938 Housing Rehabilitation Programs — Section 8 HQS inspections — appropriate CDBG and Federal HOME Program funds (O 638-11) ...... 936 Low Interest Loan and Grant Program — expend CDBG and Federal HOME funds — contracts with various agencies (O 639-11)...... 937 Neighborhood Development programs — enter and amend contracts or memorandums of understanding — expend funds (O 643-11) ...... 938 Senior Homeowners Assistance Program (SHAP) and CHORE Program — expend CDBG funds — Aging Department — Community Development (O 637-11) ...... 936 Storefront Renovation and Commercial Revitalization Programs — rebate and loan agreements — Community Development Department (O 641-11) ...... 937

Contracts

Cleveland Action to Support Housing, Inc. (CASH) — CDBG funds — Community Development (O 640-11)...... 937 Public Works — The Neighborhood Leadership Institute — Implement Educational, recreational and culture programs in various school buildings (O 455-11) ...... 924 Public Works — Salvation Army (administrating & facilitating recreational services) (Ward 11) (O 504-11) ...... 933 Public Works & Finance — CMSD for recreational, cultural, and extracurricular programs for the 2010-11 school year (O 562-11) ...... 934 Utilities Department — amend Contract No. 69292 — Brown and Caldwell, Inc — perform additional energy management services — Water Division (O 559-11)...... 934 Utilities Department — American Municipal Power — Efficiency Smart Power Plant energy efficiency program (O 501-11) ...... 932 Utilities Department — Kronos Incorp. — professional services — attendance workforce system and software & hardware support (O 596-11) ...... 934 Utilities Department — Kubra Data Transfer Ltd. — professional services — provide online bill payment & bill presentation services — CPP (O 557-11) ...... 933 Utilities Department — professional consultants — perform a rate study — CPP (O 528-11) ...... 933

Detroit Shoreway Community Development Organization

Agreement — Gordon Square Arts District Community Event (Ward 15 NEF) (O 761-11) ...... 944

Economic Development Department

Amend Ord. No. 2567-A-88, passed January 30, 1989, — Neighborhood Development Program (O 644-11) ...... 938 Amend Sect. 1 of Ord. No. 189-11 — acquire and re-convey properties — SDC University Circle Developer LLC — Cornell Rd., 2021 (TIF) (O 741-11) ...... 942 Enterprise Zone Agreement — Market Redevelopment, LLC — 11905 Superior Ave. (Ward 09) (O 645-11) ...... 939

Emergency Medical Service Division

Safety Department — agreement — MetroHealth System — Operate EMS base (O 1630-10) ...... 923 952 June 1, 2011 The City Record 45

Enterprise Zone Agreement

Economic Development — Market Redevelopment, LLC — 11905 Superior Ave. (Ward 09) (O 645-11) ...... 939

Famicos Foundation

Agreement — Fatherhood Action Initiative and Training Haven Project (Ward 07 NEF) (O 762-11) ...... 944

Fees

Fees for Publications and Services — amend Section 113.12 (O 742-11) ...... 943

Finance Department

Cleveland Community Access Corporation — agreement — management of public access channels (O 765-11) ...... 945 IBEW, Local 39 — collective bargaining agreement — amend Sect. 24 of Ord. No. 947-08 — Human Resource Department (O 738-11) ...... 941 Local 100, AFSCME Ohio Council 8 — collective bargaining agreement — Human Resources Department (O 739-11)...... 942 Public Works — contracts — CMSD for recreational, cultural, and extracurricular programs for the 2010-11 school year (O 562-11) ...... 934 Service Equipment Employee Union (SEME), Local 1 — collective bargaining agreement — Human Resources Department (O 740-11) ...... 942

Grant

Economic Development — Amend Ord. No. 2567-A-88, passed January 30, 1989, — Neighborhood Development Program (O 644-11) ...... 938

Housing Rehabilitation Program

Section 8 HQS inspections — appropriate CDBG and Federal HOME Program funds (O 638-11) ...... 936

Human Resources Department

Human Resources — professional services — workers’ compensation & actuarial services (O 602-11) ...... 935 IBEW, Local 39 — collective bargaining agreement — amend Sect. 24 of Ord. No. 947-08 — Finance Department (O 738-11) ...... 941 Local 100, AFSCME Ohio Council 8 — collective bargaining agreement — Finance Department (O 739-11) ...... 942 Service Equipment Employee Union (SEME), Local 1 — collective bargaining agreement — Finance Department (O 740-11) ...... 942

Land Reutilization Program

Poe Ave., 4200 — PPN 015-11-088 — Carlos Caraballo & Rosario Caraballo (Ward 14) (O 215-11) ...... 923 West 48th St., 3198 — PPN 016-13-025 — Zuleyka Luciano (Ward 14) (O 216-11)...... 924

Leases

Port Control — USS Cod — parking Lots 9 and 10 (O 764-11) ...... 945

Liquor Permits

Denison Ave., 2101 — objection to transfer of ownership (Ward 03) (R 770-11) ...... 922 Elm St., 2325 — withdraw objection to renewal — repeal Res. 956-10 & 1111-10 (Ward 03) (R 767-11) ...... 921 Memphis Ave., 6101 — objection to transfer of ownership (Ward 13) (R 769-11) ...... 922 West 25th St., 3180-84 (1st. fl. & bsmt.) — withdraw objection to renewal — repeal Res. 1122-10 (Ward 14) (R 768-11) ...... 922 West 25th St., 3474 — objection to issuance (Ward 14) (R 773-11)...... 923

Loans

Economic Development — Amend Ord. No. 2567-A-88, passed January 30, 1989, — Neighborhood Development Program (O 644-11) ...... 938

Neighborhood Equity Funds

Detroit Shoreway Community Development Organization — agreement — Gordon Square Arts District Community Event (Ward 15 NEF) (O 761-11) ...... 944 Famicos Foundation — agreement — Fatherhood Action Initiative and Training Haven Project (Ward 07 NEF) (O 762-11) ...... 944 953 46 The City Record June 1, 2011

Office of Capital Projects

Halloran Park Summer Concert Club — banners — W. 117th Street (various location) — July 4th — Aug. 2nd — Summer Concert at Halloran Park (Ward 17) (O 781-11)...... 945 Intersection (East 174th St. & Nottingham Rd.) — Pastor Walther Marcis Way — secondary and honorary designation — City Planning Commission (Ward 11) (O 759-11) ...... 944 Intersection (Waterloo Rd. & East 156th St.) — Miles Kennedy Square — secondary and honorary designation — City Planning Commission (Ward 11) (O 760-11) ...... 944

Peddlers

Tindall, Hattie — Temporary Sidewalk Occupancy Permit — peddling (Ward 06) (O 744-11) ...... 944

Permits

Tindall, Hattie — Temporary Sidewalk Occupancy Permit — peddling (Ward 06) (O 744-11) ...... 944

Port Control Department

Lease with USS Cod — parking Lots 9 and 10 (O 764-11) ...... 945

Predatory Lending

Foreclosure prevention and anti-predatory lending assistance — appropriate CDBG funds — Community Development (O 634-11)...... 935

Professional Services

Human Resources — workers’ compensation & actuarial services (O 602-11) ...... 935 Piccirillo, Francesca — agreement — City Council (O 771-11)...... 945 Thunder Tech — agreement — City Council website & create a Intranet site (O 743-11)...... 944 Utilities Department — amend Contract No. 69292 — Brown and Caldwell, Inc — perform additional energy management services — Water Division (O 559-11)...... 934 Utilities Department — contract — Kronos Incorp. — attendance workforce system and software & hardware support (O 596-11) ...... 934 Utilities Department — contract — professional consultants — perform a rate study — CPP (O 528-11) ...... 933 Utilities Department — contracts — Kubra Data Transfer Ltd. — professional services — provide online bill payment & bill presentation services — CPP (O 557-11) ...... 933

Public Improvements

Public Works — Amend title & Sect. 5 of Ord. No. 808-09 — Bike station in Gateway North Garage (O 683-11) ...... 939

Public Works

Agreement with RTA for bus shelters on Lorain Ave. & West 25th Street (O 600-11) ...... 934 Amend title & Sect. 5 of Ord. No. 808-09 — Bike station in Gateway North Garage (O 683-11) ...... 939 Contract — Salvation Army (administrating & facilitating recreational services) (Ward 11) (O 504-11) ...... 933 Contracts-The Neighborhood Leadership Institute — Implement Educational, recreational and culture programs in various school buildings (O 455-11) ...... 924 Finance — contracts — CMSD for recreational, cultural, and extracurricular programs for the 2010-11 school year (O 562-11) ...... 934

Purchases and Supplies Division

Amend Sect. 1 of Ord. No. 189-11 — acquire and re-convey properties — SDC University Circle Developer LLC — Cornell Rd., 2021 (TIF) (O 741-11) ...... 942

Regional Transit Authority (RTA)

Public Works — agreement with RTA for bus shelters on Lorain Ave. & West 25th Street (O 600-11) ...... 934

Resolutions of Support

Appointing board for Market District — S.I.D. (R 704-11) ...... 921 Supporting H.R. 1760 (Safe and Complete Streets Act of 2011) (R 772-11) ...... 922

Resolutions- Miscellaneous

Appointing board for Market District — S.I.D. (R 704-11) ...... 921 Supporting H.R. 1760 (Safe and Complete Streets Act of 2011) (R 772-11) ...... 922 954 June 1, 2011 The City Record 47

Safety Department

Agreement — MetroHealth System — Operate EMS base (O 1630-10) ...... 923

Salaries

IBEW, Local 39 — collective bargaining agreement — amend Sect. 24 of Ord. No. 947-08 — Finance Department — Human Resource Department (O 738-11) ...... 941 Local 100, AFSCME Ohio Council 8 — collective bargaining agreement — Finance Department — Human Resources Department (O 739-11) ...... 942 Service Equipment Employee Union (SEME), Local 1 — collective bargaining agreement — Finance Department — Human Resources Department (O 740-11) ...... 942

Salvation Army

Public Works — contract (administrating & facilitating recreational services) (Ward 11) (O 504-11) ...... 933

Streets — Name

Intersection (East 174th St. & Nottingham Rd.) — Pastor Walther Marcis Way — secondary and honorary designation — City Planning Commission (Ward 11) (O 759-11) ...... 944 Intersection (Waterloo Rd. & East 156th St.) — Miles Kennedy Square — secondary and honorary designation — City Planning Commission (Ward 11) (O 760-11) ...... 944

Unions

IBEW, Local 39 — collective bargaining agreement — amend Sect. 24 of Ord. No. 947-08 — Finance Department — Human Resource Department (O 738-11) ...... 941 Local 100, AFSCME Ohio Council 8 — collective bargaining agreement — Finance Department — Human Resources Department (O 739-11) ...... 942 Service Equipment Employee Union (SEME), Local 1 — collective bargaining agreement — Finance Department — Human Resources Department (O 740-11) ...... 942

Utilities Department

Amend Contract No. 69292 — Brown and Caldwell, Inc — perform additional energy management services — Water Division (O 559-11) ...... 934 Amend various Sect(s) of Chapters 531, 533, and 535 — Rates & Charges for water service (O 462-11) ...... 924 Contract — American Municipal Power — Efficiency Smart Power Plant energy efficiency program (O 501-11)...... 932 Contract — Kronos Incorp. — professional services — attendance workforce system and software & hardware support (O 596-11) ...... 934 Contract — professional consultants — perform a rate study — CPP (O 528-11) ...... 933 Contracts — Kubra Data Transfer Ltd. — professional services — provide online bill payment & bill presentation services — CPP (O 557-11) ...... 933

Ward 03

Appointing board for Market District — S.I.D. (R 704-11) ...... 921 Denison Ave., 2101 — objection to transfer of ownership — liquor permit (Ward 03) (R 770-11) ...... 922 Elm St., 2325 — withdraw objection to renewal — repeal Res. 956-10 & 1111-10 — liquor permit (Ward 03) (R 767-11)...... 921 Public Work — Amend title & Sect. 5 of Ord. No. 808-09 — Bike station in Gateway North Garage (O 683-11) ...... 939 Public Works — agreement with RTA for bus shelters on Lorain Ave. & West 25th Street (O 600-11) ...... 934

Ward 05

Supporting H.R. 1760 (Safe and Complete Streets Act of 2011) (R 772-11) ...... 922

Ward 06

Tindall, Hattie — Temporary Sidewalk Occupancy Permit — peddling (O 744-11)...... 944

Ward 07

Famicos Foundation — agreement — Fatherhood Action Initiative and Training Haven Project (Ward 07 NEF) (O 762-11) ...... 944

Ward 08

N.E. corner (Parkgate Ave. & East Blvd.) — change Use, Area and Height District — Multi-Family Residential Use District — City Planning Commission (Ward 08) (O 710-11) ...... 940 955 48 The City Record June 1, 2011

Ward 09

Amend Sect. 1 of Ord. No. 189-11 — acquire and re-convey properties — SDC University Circle Developer LLC — Cornell Rd., 2021 (TIF) (O 741-11) ...... 942 Economic Development — Enterprise Zone Agreement — Market Redevelopment, LLC — 11905 Superior Ave. (O 645-11) ...... 939

Ward 11

Intersection (East 174th St. & Nottingham Rd.) — Pastor Walther Marcis Way — secondary and honorary designation — City Planning Commission (O 759-11) ...... 944 Intersection (Waterloo Rd. & East 156th St.) — Miles Kennedy Square — secondary and honorary designation — City Planning Commission (O 760-11) ...... 944 Public Works — contract — Salvation Army (administrating & facilitating recreational services) (O 504-11) ...... 933

Ward 12

Supporting H.R. 1760 (Safe and Complete Streets Act of 2011) (R 772-11) ...... 922

Ward 13

Memphis Ave., 6101 — objection to transfer of ownership — liquor permit (Ward 13) (R 769-11) ...... 922

Ward 14

Poe Ave., 4200 — PPN 015-11-088 — Land Reutilization Program — Carlos Caraballo & Rosario Caraballo (O 215-11)...... 923 Supporting H.R. 1760 (Safe and Complete Streets Act of 2011) (R 772-11) ...... 922 West 25th St., 3180-84 (1st. fl. & bsmt.) — withdraw objection to renewal — repeal Res. 1122-10 — liquor permit (R 768-11) ...... 922 West 25th St., 3474 — objection to issuance — liquor permit (R 773-11) ...... 923 West 48th St., 3198 — PPN 016-13-025 — Land Reutilization Program — Zuleyka Luciano (O 216-11) ...... 924

Ward 15

Detroit Shoreway Community Development Organization — agreement — Gordon Square Arts District Community Event (Ward 15 NEF) (O 761-11) ...... 944 Supporting H.R. 1760 (Safe and Complete Streets Act of 2011) (R 772-11) ...... 922

Ward 16

Supporting H.R. 1760 (Safe and Complete Streets Act of 2011) (R 772-11) ...... 922

Ward 17

Halloran Park Summer Concert Club — banners — W. 117th Street (various location) — July 4th — Aug. 2nd — Summer Concert at Halloran Park (O 781-11) ...... 945

Water Division

Utilities Department — Amend various Sect(s) of Chapters 531, 533, and 535 — Rates & Charges for water service (O 462-11) ...... 924 Utilities Department — amend Contract No. 69292 — Brown and Caldwell, Inc — perform additional energy management services — Water Division (O 559-11)...... 934

Zoning

N.E. corner (Parkgate Ave. & East Blvd.) — change Use, Area and Height District — Multi-Family Residential Use District — City Planning Commission (Ward 08) (O 710-11) ...... 940

956