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

August the Twenty-Third, Two Thousand and Seventeen

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

Kevin J. Kelley President of Council Containing PAGE

Patricia J. Britt City Council 3 City Clerk, Clerk of Council The Calendar 44 Board of Control 44 Ward Name Civil Service 48 1 Terrell H. Pruitt Board of Zoning Appeals 48 2 Zachary Reed Board of Building Standards 3 Kerry McCormack and Building Appeals 50 4 Kenneth L. Johnson Public Notice 50 5 Phyllis E. Cleveland Public Hearings 50 6 Blaine A. Griffin City of Cleveland Bids 50 7 TJ Dow Adopted Resolutions and Ordinances 52 8 Michael D. Polensek Committee Meetings 82 9 Kevin Conwell Index 82 10 Jeffrey D. Johnson 11 Dona Brady 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Brian J. Cummins 15 Matthew Zone 16 Brian Kazy 17 Martin J. Keane

Printed on Recycled Paper DIRECTORY OF CITY OFFICIALS CITY COUNCIL – LEGISLATIVE DEPT. OF PUBLIC SAFETY – Michael C. McGrath, Director, Room 230 President of Council – Kevin J. Kelley DIVISIONS: Animal Control Services – Edward Jamison, Chief Animal Control Officer, 2690 West 7th Ward Name Residence Street 1 Terrell H. Pruitt ...... 16920 Throckley Avenue 44128 Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd. 2 Zack Reed ...... 3734 East 149th Street 44120 Emergency Medical Service – Nicole Carlton, Acting Commissioner, 1708 South Pointe Drive 3 Kerry McCormack ...... 1429 West 38th Street 44113 Fire – Patrick Kelly, Chief, 1645 Superior Avenue 4 Kenneth L. Johnson...... 2948 Hampton Road 44120 Police – Calvin D. Williams, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street 5 Phyllis E. Cleveland...... 2369 East 36th Street 44105 DEPT. OF COMMUNITY DEVELOPMENT – Michael Cosgrove, Director 6 Blaine A. Griffin...... 11810 Larchmere Boulevard 44120 DIVISIONS: 7 TJ Dow...... 7715 Decker Avenue 44103 Administrative Services – Jesus Rodriguez, Commissioner 8 Michael D. Polensek...... 17855 Brian Avenue 44119 Fair Housing and Consumer Affairs Office – John Mahoney, Manager 9 Kevin Conwell ...... 10647 Ashbury Avenue 44106 Neighborhood Development –Chris Garland, Commissioner 10 Jeffrey D. Johnson ...... 9024 Parkgate Avenue 44108 Neighborhood Services – Louise V. Jackson, Commissioner 11 Dona Brady ...... 1272 West Boulevard 44102 12 Anthony Brancatelli ...... 6924 Ottawa Road 44105 DEPT. OF BUILDING AND HOUSING – Ayonna Blue Donald, Interim Director, Room 500 13 Kevin J. Kelley...... 5904 Parkridge Avenue 44144 DIVISIONS: 14 Brian J. Cummins ...... 3104 Mapledale Avenue 44109 Code Enforcement – Thomas E. Vanover, Commissioner 15 Matthew Zone ...... 1228 West 69th Street 44102 Construction Permitting – Narid Hussain, Commissioner 16 Brian Kazy ...... 4300 West 143rd Street 44135 DEPT. OF HUMAN RESOURCES – Nycole West, Director, Room 121 17 Martin J. Keane...... 15907 Colletta Lane 44111 DEPT. OF ECONOMIC DEVELOPMENT – David Ebersole, Interim Director, Room 210 City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840 DEPT. OF AGING – Mary McNamara, Director, Room 122 MAYOR – Frank G. Jackson Ken Silliman, Secretary to the Mayor, Chief of Staff COMMUNITY RELATIONS BOARD – Room 11, Grady Stevenson, Interim Director, Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer Mayor Frank G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice- Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Chairman, Council Member Brian Cummins, Eugene R. Miller (Board Lawyer), Roosevelt Martin J. Flask, Executive Assistant to the Mayor of Special Projects E. Coats, Jenice Contreras, Kathryn Hall, Yasir Hamdallah, Evangeline Hardaway, John Monyka S. Price, Executive Assistant to the Mayor, Chief of Education O. Horton, Gary Johnson, Sr., Daniel McNea, Stephanie Morrison-Hrbek, Roland Matt Gray, Executive Assistant to the Mayor, Chief of Sustainability Muhammad, Gia Hoa Ryan, Peter Whitt. Natoya J. Walker Minor, Executive Assistant to the Mayor, Chief of Public Affairs CIVIL SERVICE COMMISSION – Room 119, Rev. Gregory E. Jordan, President; Michael Edward W. Rybka, Executive Assistant to the Mayor, Chief of Regional Development Flickinger, Vice-President; Barry A. Withers, Interim Secretary; Members: Daniel J. Duane Deskins, Executive Assistant to the Mayor, Chief of Prevention, Intervention and Brennan, India Pierce Lee. Opportunity for Youth and Young Adults SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Kevin Dan Williams, Media Relations Director J. Kelley; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director. OFFICE OF CAPITAL PROJECTS – Matthew L. Spronz, Director BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; DIVISIONS: Henry Bailey, Kelley Britt, Joan Shaver Washington, Tim Donovan, Elizabeth Kukla, Architecture and Site Development – ______Manager Secretary. Engineering and Construction — Richard J. Switalski, Manager BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, Real Estate — James DeRosa, Commissioner Joseph F. Denk, Chairman; Howard Bradley, Patrick M. Gallagher, Robert Maschke, Halim OFFICE OF EQUAL OPPORTUNITY – Melissa K. Burrows, Ph.D., Director M. Saab, P.E., Alternate Members – D. Cox, P. Frank, E. P. O’Brien, Richard Pace, J.F. OFFICE OF QUALITY CONTROL AND PERFORMANCE MANAGEMENT – Sabra Sullivan. T. Pierce-Scott, Director BOARD OF REVISION OF ASSESSMENTS – Law Director Barbara A. Langhenry, DEPT. OF LAW – Barbara A. Langhenry, Director, Gary D. Singletary, Chief Counsel, President; Finance Director Sharon Dumas, Secretary; Council President Kevin J. Kelley. Richard F. Horvath, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel, BOARD OF SIDEWALK APPEALS – Capital Projects Director Matthew Spronz, Law Victor R. Perez, Chief Assistant Prosecutor, Room 106: Robin Wood, Law Librarian, Director Barbara A. Langhenry; Council Member Kenneth L. Johnson. Room 100 BOARD OF REVIEW – (Municipal Income Tax) – Law Director Barbara A. Langhenry; DEPT. OF FINANCE – Sharon Dumas, Director, Room 104; Public Utilities Director Robert L. Davis; Council President Kevin J. Kelley. Natasha Brandt, Manager, Internal Audit CITY PLANNING COMMISSION – Room 501 – Freddy L. Collier, Jr., Director; Anthony DIVISIONS: J. Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean Accounts – Lonya Moss Walker, Commissioner, Room 19 Pinkney, Norman Krumholz, Council Member Phyllis E. Cleveland. Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 FAIR HOUSING BOARD – Charles See, Chair; Lisa Camacho, Daniel Conway, Robert L. City Treasury – James Hartley, Interim Treasurer, Room 115 Render, Genesis O. Brown. Financial Reporting and Control – James Gentile, Controller, Room 18 HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie Information Technology and Services – Kimberly Roy-Wilson, Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, Commissioner, 205 W. St. Clair Avenue David Perkowski, Joan Shaver Washington, Keith Sutton. Purchases and Supplies – Tiffany White, Commissioner, Room 128 Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chair man; Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue Clint Martin, Mark Rivera. DEPT. OF PUBLIC UTILITIES – Robert L. Davis, Director, 1201 Lakeside Avenue MORAL CLAIMS COMMISSION – Law Director Barbara A. Langhenry; Chairman; DIVISIONS: Finance Director Sharon Dumas; Council President Kevin J. Kelley; Councilman Cleveland Public Power – Ivan Henderson, Commissioner Kevin Kelley. Utilities Fiscal Control – Frank Badalamenti, Chief Financial Officer CLEVELAND LANDMARKS COMMISSION – Room 519 – Julie Trott, Chair; Giancarlo Water – Alex Margevicius, Commissioner Calicchia, Vice Chair; Laura M. Bala, Freddy L. Collier, Jr., Allan Dreyer, Council Water Pollution Control – Rachid Zoghaib, Commissioner Member Terrell H. Pruitt, Robert Strickland, Donald Petit, Secretary. DEPT. OF PORT CONTROL – Robert Kennedy, Director, Cleveland Hopkins International AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane Airport, 5300 Riverside Drive Down ing, Donna Sciarappa, Council President Kevin J. Kelley; Law Director Barbara A. DIVISIONS: Langhenry. Burke Lakefront Airport – Khalid Bahhur, Commissioner CLEVELAND MUNICIPAL COURT Cleveland Hopkins International Airport – Fred Szabo, Commissioner JUSTICE CENTER – 1200 ONTARIO STREET DEPT. OF PUBLIC WORKS – Michael Cox, Director JUDGE COURTROOM ASSIGNMENTS OFFICES: Judge Courtroom Administration – John Laird, Manager Presiding and Administrative Judge Ronald B. Adrine – Courtroom 15A Special Events and Marketing – Tangee Johnson, Manager Judge Pinkey S. Carr – Courtroom 15C DIVISIONS: Judge Marilyn B. Cassidy – Courtroom 13A Motor Vehicle Maintenance – Jeffrey Brown, Commissioner Judge Janet Rath Colaluca – Courtroom 12B Park Maintenance and Properties – Richard L. Silva, Commissioner Judge Michelle Denise Earley – Courtroom 14C Parking Facilities – Kim Johnson, Interim Commissioner Judge Emanuella Groves – Courtroom 14B Property Management – Tom Nagle, Commissioner Judge Jimmy L. Jackson, Jr. – Courtroom 12A Recreation – Samuel Gissentaner, Interim Commissioner Judge Lauren C. Moore – Courtroom 14A Streets – Frank D. Williams, Interim Commissioner Judge Charles L. Patton, Jr. – Courtroom 13D Traffic Engineering – Robert Mavec, Commissioner Judge Ronald J.H. O’Leary (Housing Court Judge) – Courtroom 13B Waste Collection and Disposal – Randell T. Scott, Interim Commissioner Judge Michael R. Sliwinski – Courtroom 13C DEPT. OF PUBLIC HEALTH – Merle Gordon, Director, 75 Erieview Plaza Judge Suzan Marie Sweeney – Courtroom 12C DIVISIONS: Judge Joseph J. Zone – Courtroom 14D Air Quality – David Hearne, Interim Commissioner Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Robert J. Furda Environment – Brian Kimball, Commissioner, 75 Erieview Plaza – Chief Bailiff; Dean Jenkins – Chief Probation Officer, Gregory F. Clifford – Chief Health – Persis Sosiak, Commissioner, 75 Erieview Plaza Magistrate. The City Record

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 104 WEDNESDAY, AUGUST 23, 2017 No. 5411 CITY COUNCIL WEDNESDAY, AUGUST 16, 2017

The City Record The following Committees meet at by Council, Allan Dreyer as Council Published weekly by the City Clerk, the Call of the Chair: Clerk Pro Tempore for July 17, 2017. Clerk of Council under authority Received. Mayor’s Appointments Committee: of the Charter of the Kazy (CHAIR), Brady, Cleveland, File No. 911-17. City of Cleveland Dow, Kelley. From Director Michael McGrath, The City Record is available Department of Public Safety, City of online at Operations Committee: Pruitt Cleveland. Notice of acceptance of a www.clevelandcitycouncil.org (CHAIR), Griffin, Kelley, Keane, gift of four pallets of bottled water, Address all communications to Zone. valued at approximately $480, from Justin Weaver, Ice River Springs PATRICIA J. BRITT Rules Committee: Kelley City Clerk, Clerk of Council (CHAIR), Cleveland, Keane, Water. Received. 216 City Hall Polensek, Pruitt. File No. 912-17. From Director Sharon Dumas, PERMANENT SCHEDULE OFFICIAL PROCEEDINGS Department of Finance, City of STANDING COMMITTEES Cleveland. Notice of acceptance of a CITY COUNCIL gift of $500 from the Cleveland OF THE COUNCIL ______Foundation to support food pur- MAY 15, 2017 chases for the Cleveland Communi- Cleveland, Ohio ty Police Commission’s Common MONDAY — Alternating August 16, 2017 Ground event. Received. The meeting of the Council was 9:30 A.M. — Health and Human called to order at 1:12 p.m. with the File No. 913-17. Services Committee: Cummins President of Council, Kevin J. Kel- From Mayor’s Office of Equal ley, in the Chair. (CHAIR), Griffin (VICE-CHAIR), Opportunity, City of Cleveland. 2016 Brady, Cleveland, Conwell, J. John- Annual Report. Received. son, McCormack. Council Members present: Dona Brady, Anthony Brancatelli, Phyllis File No. 914-17. 9:30 A.M. — Municipal Services E. Cleveland, Kevin Conwell, Brian J. Cummins, TJ Dow, Blaine A. Grif- From American Transmission Sys- and Properties Committee: K. John- tems, Incorporated, a FirstEnergy son (CHAIR), Dow (VICE-CHAIR), fin, Jeffrey D. Johnson, Kenneth L. Johnson, Brian Kazy, Kevin J. Kel- company. Construction Notice sub- Brancatelli, Cummins, J. Johnson, ley, Martin J. Keane, Kerry McCor- mitted to the Ohio Power Siting Kazy, Reed. mack, Michael D. Polensek, Terrell Notice for an Inland-Harding (S-8) H. Pruitt, and Matthew Zone. 345 kV Transmission Line near East MONDAY Also present were: Mayor Frank 81st Street and New York Central G. Jackson, Chief Operating Officer Railroad corridor, south of Finney 2:00 P.M. — Finance Committee: Darnell Brown, Chief of Government Avenue, Cleveland, Ohio. Received. Kelley (CHAIR), Cleveland (VICE- Affairs Valarie J. McCall, Chief of CHAIR), Brady, Brancatelli, Con- Regional Development Edward W. File No. 997-17. well, Griffin, Keane, Pruitt, Zone. Rybka, Chief of Education Monyka From Michael Shea, Executive S. Price, Media Relations Director Director, Western Reserve Revital- TUESDAY Dan Williams, Chief of Sustainabil- ization and Management Company, ity Matt Gray, Chief of Public Inc. Notice of plans to apply to Ohio 9:30 A.M. — Development, Plan- Affairs Natoya Walker-Minor, Chief Housing Finance Agency for multi- ning and Sustainability Committee: of Prevention, Intervention and family funding programs for the Brancatelli (CHAIR), Cleveland Opportunity for Youth and Young development known as Riverside (VICE-CHAIR), Cummins, Dow, Adults Duane Deskins, and Direc- Park Phase II, 17800 Parkmount McCormack, Pruitt, Zone. tors Langhenry, Spronz, Gordon, Avenue, Cleveland, Ohio. Received. McGrath, Cosgrove, Donald, West, TUESDAY — Alternating Ebersole, Collier, McNamara, With- OATH OF OFFICE ers, Burrows and Pierce Scott. 1:30 P.M. — Utilities Committee: File No. 915-17. MOTION Pruitt (CHAIR), Brady (VICE- Kimberly Roy-Wilson, Commis- CHAIR), Brancatelli, Cummins, Grif- sioner of Information Technology fin, Keane, Polensek. Council Members, Administration, Staff, and those in the audience rose and Services. Received. 1:30 P.M. — Workforce and Com- for a moment of silent reflection, PLATS munity Benefits Committee: Cleve- and the Pledge of Allegiance. land (CHAIR), Zone (VICE-CHAIR), J.Johnson, Kazy, Polensek, Pruitt, MOTION File No. 916-17. Reed. Dedication Plat for West 20th On the motion of Council Member Street Townhomes Subdivision, West 20th Street and Follett Court. WEDNESDAY — Alternating Griffin, the reading of the minutes of the last meeting was dispensed Approved by Committees on Munici- 10:00 A.M. — Safety Committee: with and the journal approved. Sec- pal Services and Properties, and Zone (CHAIR), Conwell (VICE- onded by Council Member Bran- Development Planning and Sustain- CHAIR), Griffin, Kazy, Keane, catelli. ability. Without objection, Plat McCormack, Polensek. approved. COMMUNICATIONS 10:00 A.M. — Transportation Com- File No. 1002-17. mittee: Keane (CHAIR), Dow File No. 910-17. Dedication Plat for East 59th (VICE-CHAIR), Conwell, J. Johnson, From Council President Kevin J. Street Widening Plat, East 59th K.Johnson, Kazy, Reed. Kelley appointing, without objection Street from Euclid Avenue to 1433 4 The City Record August 23, 2017

Chester Avenue. Approved by Com- File No. 1011-17. WELCOME RESOLUTION mittees on Municipal Services and RE: #6208991. New License Appli- Properties, and Development Plan- cation, D3. Mr. Kringle Co. LLC, 230 The rules were suspended and the ning and Sustainability. Without W. Huron Road (Ward 3). Received. following Resolution was adopted objection, Plat approved. without objection: CONDOLENCE RESOLUTIONS FROM OHIO DIVISION OF Res. No. 1040-17 — 83rd Infantry LIQUOR CONTROL The rules were suspended and the Division - 100th Anniversary and following Resolutions were adopted 71st Annual Reunion. File No. 917-17. by a rising vote: RE: #26312750080. New License FIRST READING EMERGENCY Res. No. 1013-17 — Andrew Easley. Application, C1. Family Dollar ORDINANCES REFERRED Stores of Ohio, Inc., 3407 Payne Res. No. 1014-17 — Wesley Frieson, Jr. Avenue (Ward 7). Received. Ord. No. 933-17. Res. No. 1015-17 — Nellie Lee By Council Members Zone, K. File No. 918-17. Williams. Res. No. 1016-17 — Kyle James Johnson and Brancatelli (by RE: #26312750205. New License departmental request). Application, C1. Family Dollar Matthew Braun. Res. No. 1017-17 — The Honorable An emergency ordinance Stores of Ohio, Inc., 9302 Miles authorizing the Director of Capital Avenue (Ward 2). Received. Judge Pauline H. Tarver. Res. No. 1018-17 — The Honorable Projects to issue a permit to Destination Cleveland to encroach File No. 919-17. Judge Eugenia “Jean” Murrell Capers. into the public right-of-way within the RE: #26312750200. New License Gordon Square Area by installing, Application, C1. Family Dollar Res. No. 1019-17 — Wilbert Lee Whitt. using, and maintaining four way- Stores of Ohio, Inc., 2704 Clark finding signs, and electrical duct Avenue (Ward 14). Received. Res. No. 1020-17 — Joan Shaver Washington. banks and a permit to Studios at 78th Res. No. 1021-17 — Lyman Hedrick Street, LLC to encroach into the public File No. 920-17. Parker. right-of-way within the Gordon Square RE: #24553530001. New License Res. No. 1022-17 — Lenora Cole. Area by installing, using, and Application, D3. 84 Charing Cross, Res. No. 1023-17 — Timothy J. maintaining one lantern art sculpture. Inc., 2258 Professor Street (Ward 3). Melena. Whereas, this ordinance consti- Received. Res. No. 1024-17 — Miriam Ortiz tutes an emergency measure provid- Rush. ing for the usual daily operation of File No. 921-17. a municipal department; now, there- RE: #4118908. Transfer of Owner- CONGRATULATIONS RESOLUTIONS fore, ship Application, D5. Ibex Trans- Be it ordained by the Council of portation LLC, 2218 Broadview Road The rules were suspended and the the City of Cleveland: (Ward 12). Received. following Resolutions were adopted Section 1. That the Director of without objection: Capital Projects is authorized to File No. 922-17. issue a permit, revocable at the will RE: #6548245. Economic Develop- Res. No. 1025-17 — Mildred Lowe - of Council, to the following: ment Transfer Application, D5 D67. 80th Birthday. 1) Destination Cleveland, 334 Euclid 15816 Lorain LLC, 15813 Lorain Res. No. 1026-17 — Case Western Avenue, Cleveland, OH 44114, to Avenue (Ward 17). Received. Reserve University School of Dental encroach into the public right-of-way Medicine. within the Gordon Square area by File No. 923-17. Res. No. 1027-17 — Zion Hill Mis- installing, using, and maintaining RE: #6550246. Stock Application, sionary Baptist Church - 100th four (4) way-finding signs and D5 D6. 17219 Lorain Avenue Corp., Anniversary. electrical duct banks at the following 17219 Lorain Avenue (Ward 17). Res. No. 1028-17 — William M. approximate locations: Received. Denihan. Northwest corner of West 54th and Res. No. 1029-17 — Lt. Jonathan J. Detroit Avenue; File No. 924-17. Parries, CFD. Southeast corner of West 58th and RE: #6349219. Transfer of Owner- Res. No. 1030-17 — Antoinette Detroit Avenue; ship Application, D5 D6. Thomas J. (Latessa) Linden - 104th Birthday. Southwest corner of West 65th and Nevits, 10511 Western Avenue Res. No. 1031-17 — George E. Pure- Detroit Avenue; and (Ward 15). Received. foy - 90th Birthday. Northwest corner of West 73rd and Res. No. 1032-17 — Mary Lee Gray Detroit Avenue. File No. 925-17. - 85th Birthday. The exact locations shall be RE: #0082502. Transfer of Owner- reviewed and approved in writing by ship Application, D5J D6. Air Ven- RECOGNITION RESOLUTIONS the Manager of Engineering and tures LLC, 5300 Riverside Drive Construction and the Director of The rules were suspended and the (Ward 17). Received. Capital Projects before installation. following Resolutions were adopted and without objection: File No. 926-17. 2) Studios at 78th Street, LLC, 1300 RE: #24553530001. Transfer of Res. No. 1033-17 — 23rd Ohio Vol- W 78th St, Cleveland, OH 44102, to Location Application, D1 D2. 84 unteer Infantry Regiment Marker. encroach into the public right-of-way Charing Cross, Inc., 2258 Professor Res. No. 1034-17 — 1st Annual St. within the Gordon Square Area by Avenue (Ward 3). Received. Stephenfest Concert. installing, using, and maintaining one lantern art sculpture at the following File No. 927-17. APPRECIATION RESOLUTIONS approximate location: RE: #1030064. New License Appli- Southeast corner of West 78th and cation, C1. Bshara Food LLC, 4098 The rules were suspended and the Lake Avenue, the lantern art East 131st Street (Ward 2). following Resolutions were adopted sculpture Received. without objection: The exact location shall be reviewed and approved in writing by File No. 928-17. Res. No. 1035-17 — Shawn Briggs. the Manager of Engineering and RE: #8912747. Stock Application, Res. No. 1036-17 — Lindsay Construction and the Director of D5. 3614 East 65th, Inc., 3614 East Smetana. Capital Projects before installation. 65th Street (Ward 12). Received. Res. No. 1037-17 — Reverend Legal Description approved by Greg Ronald A. Lee. Esber, Section Chief, Plats, Surveys File No. 929-17. and House Numbering Section. RE: #4254640. New License Appli- COMMEMORATION RESOLUTIONS Section 2. That each Permittee may cation, D5J. Jawbone Partners LLC, assign its permit only with the prior 1059 Old River Road (Ward 3). The rules were suspended and the written consent of the Director of Received. following Resolutions were adopted Capital Projects. That the without objection: encroaching structure(s) permitted by File No. 930-17. this ordinance shall conform to plans RE: #8798595. Transfer of License Res. No. 1038-17 — Priscilla Eliza- and specifications and each exact Application, D5. Tapatias Food LLC, beth Walton. location to be approved by the 12501 Lorain Avenue (Ward 11). Res. No. 1039-17 — Antoine Allen, Manager of Engineering and Received. Jr. Construction. That each Permittee 1434 August 23, 2017 The City Record 5 shall obtain all other required permits, right of way of West 25th Street, a Legal Description approved by Greg including but not limited to one or distance of 125.59 feet to the Point of Esber, Section Chief, Plats, Surveys more Building Permits, before Beginning of the Encroachment and House Numbering Section. installing the encroachment(s). herein described; Section 2. That the Director of Law Section 3. That the Director of Law shall prepare the permit authorized by shall prepare the permits authorized Course Number 1: this ordinance and shall incorporate by this ordinance and shall Thence North 12°59'54" West, a such additional provisions as the incorporate such additional provisions distance of 10.00 feet to a point; Director of Law determines necessary as the director determines necessary to protect and benefit the public to protect and benefit the public Course Number 2: interest. The permit shall be issued interest. The permits shall be issued Thence North 77°00'06" East, a only when, in the opinion of the only when, in the opinion of the distance of 5.50 feet to a point; Director of Law, the prospective Director of Law, the Permittees have Permittee has properly indemnified properly indemnified the City against Course Number 3: the City against any loss that may any losses that may result from the Thence South 12°59'54" East, a result from the encroachment(s) encroachment(s) permitted. distance of 10.00 feet to a point; permitted. Section 4. That the permits shall Section 3. That Permittee may reserve to the City reasonable right-of- Course Number 4: assign the permit only with the prior entry to the encroachment location(s). Thence South 77°00'06" West, a written consent of the Director of Section 5. That this ordinance is distance of 5.50 feet to the Point of Capital Project. That the encroaching declared to be an emergency measure Beginning and containing 55 Square structure(s) permitted by this and, provided it receives the Feet or 0.0013 Acres of land more or ordinance shall conform to plans and affirmative vote of two-thirds of all less, as surveyed and described by specifications first approved by the the members elected to Council, it Scott J. Casey, Professional Surveyor Manager of the City’s Division of shall take effect and be in force Number 8219 on October 29th of 2014 Engineering and Construction. That immediately upon its passage and and being subject to all legal Permittee shall obtain all other approval by the Mayor; otherwise it highways, easements, reservations or required permits, including but not shall take effect and be in force from restrictions of record. limited to Building Permits, before and after the earliest period allowed installing the encroachment(s). by law. Hulett Hotel, Canopy Encroachment Section 4. That the permit shall Referred to Directors of Capital West 25th Street, Cleveland, Ohio reserve to the City reasonable right of Projects, City Planning Commission, Being part of the public right of way entry to the encroachment location(s). Finance, Law; Committees on of West 25th Street and being situated Section 5. That this ordinance is Municipal Services and Properties, in part of Original Brooklyn Township declared to be an emergency measure Development Planning and Lot No. 70, now the City of Cleveland, and, provided it receives the Sustainability. County of Cuyahoga and State of Ohio affirmative vote of two-thirds of all and being further bounded and the members elected to Council, it Ord. No. 934-17. described as follows: shall take effect and be in force By Council Members McCormack, K. Commencing at the intersection of immediately upon its passage and Johnson and Brancatelli (by the centerline of Church Street (66 feet approval by the Mayor; otherwise it departmental request). wide) with the centerline of West 25th shall take effect and be in force from An emergency ordinance Street (104 feet wide); thence South and after the earliest period allowed authorizing the Director of Capital 77°08'48" West along said centerline by law. Projects to issue a permit to Buray, of Church Street, a distance of 41.32 Referred to Directors of Capital LLC to encroach into the public right feet to a point thereon; thence North Projects, City Planning Commission, of way of West 25th Street by 12°59'54" West, a distance of 33.00 feet Finance, Law; Committees on installing, using, and maintaining an to the intersection of the Northerly Municipal Services and Properties, entrance canopy and a building right of way of said Church Street Development Planning and projection. with the Westerly right of way of said Sustainability. Whereas, this ordinance consti- West 25th Street; thence North tutes an emergency measure provid- 12°59'54" West along said Westerly Ord, No. 935-17. ing for the usual daily operation of right of way of West 25th Street, a By Council Members McCormack, a municipal department; now, there- distance of 70.10 feet to the Point of Brancatelli and Kelley (by fore, Beginning of the Encroachment departmental request). Be it ordained by the Council of herein described; An emergency ordinance the City of Cleveland: authorizing the Commissioner of Section 1. That the Director of Course Number 1: Purchases and Supplies to acquire and Capital Projects is authorized to Thence North 12°59'54" West, a re-convey properties presently owned issue a permit, revocable at the will distance of 18.00 feet to a point; by CAC Project 2014 Limited Liability of Council, to Buray, LLC, 1468 West Company, or its designee, located at 25th Street, Cleveland Oh 44113 Course Number 2: 1118-1148 Euclid Avenue, for the (“Permittee”), to encroach into the Thence North 77°00'06" East, a purpose of entering into the chain-of- public right-of-way above West 25th distance of 5.50 feet to a point; title prior to the adoption of tax Street by installing, using, and increment financing legislation maintaining an entrance canopy and Course Number 3: authorized under Section 5709.41 of the a building projection, at the follow- Thence South 12°59'54" East, a Revised Code. ing locations: distance of 18.00 feet to a point; Whereas, this ordinance consti- tutes an emergency measure provid- Hulett Hotel, Building Course Number 4: ing for the usual daily operation of Projection Encroachment Thence South 77°00'06" West, a a municipal department; now, there- West 25th Street, Cleveland, Ohio distance of 5.50 feet to the Point of fore, Being part of the public right of way Beginning and containing 99 Square Be it ordained by the Council of of West 25th Street and being situated Feet or 0.0023 Acres of land more or the City of Cleveland: in part of Original Brooklyn Township less, as surveyed and described by Section 1. That notwithstanding Lot No. 70, now the City of Cleveland, Scott J. Casey, Professional Surveyor and as an exception to the provi- County of Cuyahoga and State of Ohio Number 8219 on October 29th of 2014 sions of Chapter 181 and 183 of the and being further bounded and and being subject to all legal Codified Ordinances of Cleveland, described as follows: highways, easements, reservations or Ohio, 1976, the Commissioner of Pur- Commencing at the intersection of restrictions of record. chases and Supplies is authorized to the centerline of Church Street (66 feet Bearings are based on the centerline acquire from and re-convey to, CAC wide) with the centerline of West 25th of West 26th Street as depicted in Project 2014 Limited Liability Com- Street (104 feet wide); thence South Volume 350, Page 19 of Cuyahoga pany, or its designee, for a price of 77°08'48" West along said centerline County Map Records. one dollar and other valuable con- of Church Street, a distance of 41.32 The Canopy shall be located within sideration determined to be fair feet to a point thereon; thence North the described area; approximately 9' market value, the following proper- 12°59'54" West, a distance of 33.00 feet above the sidewalk and the building ty for the purpose of entering into to the intersection of the Northerly projection shall be located within the the chain-of-title prior to the adop- right of way of said Church Street described area, between tion of tax increment financing leg- with the Westerly right of way of said approximately 11' 7" feet above the islation authorized under Section West 25th Street; thence North sidewalk upward 39'8" or as reviewed 5709.41 of the Revised Code and 12°59'54" West along said Westerly and approved by the City of Cleveland. more fully described as follows: 1435 6 The City Record August 23, 2017

Situated in the City of Cleveland, the petition and plan as owner of Whereas, Cumberland has provided County of Cuyahoga and State of Ohio property in the District; declaring it within the Cumberland Project and being known as part of Original necessary to conduct the special Petition a certificate consenting to the Two Acre Lot Nos. 156 and 157, energy improvement project; inclusion of the property in multiple bounded and described as follows: providing for the assessment of the special assessment districts in Beginning on the Southerly line of cost and expense of such special accordance with Section 1710.02 of the Euclid Avenue, 99 feet wide, at a point energy improvement project; and Revised Code; and distant 114.21 feet Easterly, measured authorizing the Director of Economic Whereas, the District has reviewed along the Southerly line of Euclid Development to enter into a and approved the Cumberland Project Avenue, from its intersection with the Cooperative Agreement and a Special Petition and the Cumberland Project Southwesterly line of said Original Assessment Agreement to implement Plan and submitted it to the City and Lot No 156, said place of beginning the project; and declaring an this Council in accordance with being also the intersection of the emergency. Section 1710.06(B) of the Revised Southerly line of Euclid Avenue with Whereas, this Council adopted Code; and the Westerly face of the westerly wall Resolution No. 1078-10 and passed Whereas, the District has reviewed of the Cleveland Athletic Building, Ordinance No. 1551-13, adopting a the Cumberland Plan and determined situated on the premises herein petition and authorizing the City of that the proposed special energy described: Cleveland to establish and participate improvement project described in the Thence Easterly along the in the Northeast Ohio Advanced Cumberland Plan is intended to result Southerly line of Euclid Avenue, 150.07 Energy District (the “District”) in the construction and installation of feet to the Westerly line of East 12th through the adoption of a petition solar photovoltaic improvements and Place, 16-1/2 feet wide; designating a parcel within the City energy efficiency improvements Thence Southerly along the for the implementation of an eligible consisting of energy efficiency westerly line of East 12th Place, 99.55 special improvement project; and technologies, products, and activities feet to the Northwesterly line of Barn Whereas, the District is a special that reduce and support the reduction Court S.E., 16-1/2 feet wide; improvement district formed under of energy consumption, allow for the Thence Southwesterly along the Chapter 1710 of the Ohio Revised Code reduction in demand, or support the Northwesterly line of Barn Court S.E., (the “Revised Code”) and is production of clean, renewable 153.07 feet to its intersection with the authorized to levy assessment to pay energy; and Westerly face of the Westerly wall of costs for developing and Whereas, under Section 1710.06(B) the Cleveland Athletic Club Building, implementing plans for public of the Revised Code, the Cumberland Project Petition and the Cumberland as aforesaid, said intersection being improvements and public services that Project Plan are to be approved or also distant 55.48 feet Northeasterly, benefit the special improvement disapproved by ordinance of this measured along the Northwesterly district, including special energy improvement projects as defined Council within sixty days of filing of line of Barn Court S.E. from its the Cumberland Project Petition with intersection with the Southwesterly within Chapter 1710 of the Revised Code; and the City; and line of said Original Lot No. 156; Whereas, this ordinance constitutes Thence Northeasterly along the Whereas, Chapter 1710 of the Revised Code authorizes the District an emergency measure providing for Westerly face of the Westerly wall of the usual daily operation of a the Cleveland Athletic Club Building, to levy an assessment in support of a special energy improvement project municipal department; now, therefore 130.10 feet to the place of beginning, Be it ordained by the Council of including a solar photovoltaic project, according to a survey dated November, the City of Cleveland: a solar thermal energy project, a 1977 made by Edward C. O’Rourke & Section 1. That the Cumberland geothermal energy project, a Associates Land Surveyors. Project Petition and the Cumberland customer-generated energy project, or Section 2. That the Director of Project Plan referred to in the pre- an energy efficiency improvement, Economic Development is authorized ambles of this Ordinance on file in defined as including energy efficiency to execute on behalf of the City of File No. 936-17-A are approved, and technologies, products, and activities Cleveland all necessary documents to this Council consents to the Cum- that reduce and support the reduction acquire and to convey the properties berland Project Petition and the of energy consumption, allow for the and to employ and pay all fees for title Cumberland Project Plan on behalf reduction in demand, or support the companies, surveys, escrows, of the City as property owner. A production of clean, renewable appraisers, environmental audits, and final copy of the Petition will be energy; and placed in the file after its adoption all other costs necessary for the Whereas, Chapter 1710 of the acquisition and sale of the properties. by the District on or about August Revised Code authorizes property 22, 2017. Section 3. That this Council finds owners to petition the District to add that the conveyances constitute a Section 2. That under Chapter 1710 their property to the District and of the Revised Code and the public purpose. request the imposition of a special Section 4. That the conveyance shall Cumberland Project Petition, this assessment on their property to Council consents to the addition of the be made by official deed prepared by support a special energy improvement the Director of Law and executed by Property to the District and this project; and Council consents to the inclusion of the Mayor on behalf of the City of Whereas, Cumberland TCC, LLC the Property in multiple special Cleveland. (“Cumberland”) is the lessee under a assessment districts in accordance Section 5. That this ordinance is Lease between the City, as lessor, and with Section 1710.02 of the Revised declared to be an emergency measure Cumberland, as lessee, dated July 20, Code. and, provided it receives the 2015 (the “Lease”) of Permanent Section 3. That it is determined and affirmative vote of two-thirds of all Parcel No. 101-03-028, located at 900 declared necessary and conducive to the members elected to Council, it East 9th Street (the “Property”), the public health, convenience, and shall take effect and be in force which constitutes one hundred percent welfare of the City to conduct the immediately upon its passage and of the property proposed to be added to special energy improvements as approval by the Mayor; otherwise it the District, Cumberland is authorized defined in the Cumberland Project shall take effect and be in force from as lessee to act on behalf of the City to Plan for a 15-year period commencing and after the earliest period allowed pay real property taxes and special after passage of the Ordinance to by law. assessments with respect to the proceed in this manner. Referred to Directors of Economic Property, and Cumberland has Section 4. That it is determined that Development, City Planning proposed to conduct a special energy the Property will be specifically Commission, Finance, Law; improvement project and has benefited by the above described Committees on Development Planning submitted a petition (the “Cumberland special energy improvements and and Sustainability, Finance. Project Petition”) to the District shall be assessed to pay for the costs requesting that the Property be added of the special energy improvements, Ord. No. 936-17. to the District and that a special calculated based on a Cooperative By Council Members McCormack, assessment be placed upon the Agreement between the City, the Brancatelli and Kelley (by Property to secure revenue bonds to be Cleveland-Cuyahoga County Port departmental request). issued by the Cleveland-Cuyahoga Authority, the District, and the Owner An emergency ordinance approving County Port Authority to fund the (the “Cooperative Agreement”). the addition of certain property to the special energy improvements for the Section 5. That the Cumberland Northeast Ohio Advanced Energy development project further described Project Plan placed in the above- District; accepting a petition and plan in the plans and specifications (the mentioned file is approved at an from a lessee in the District “Cumberland Project Plan”) attached estimated total cost of $12,291,500. identifying a special energy to the Cumberland Project Petition; Section 6. That the entire cost of the improvement project, and approving and Cumberland Project Plan in the 1436 August 23, 2017 The City Record 7

District be specially assessed as those formal actions were in meeting Be it ordained by the Council of defined in the above-mentioned open to the public in compliance with the City of Cleveland: Cooperative Agreement. The cost of the law. Section 1. That this Council the Cumberland Project Plan shall Section 14. That this ordinance is approves the application of the include the cost of printing, serving, declared to be an emergency measure Enterprise for enterprise zone incen- and publishing notices, resolutions, and, provided it receives the tives on the basis that the Enter- and ordinances, the costs incurred in affirmative vote of two-thirds of all prise is qualified by financial connection with the preparation, levy, the members elected to Council, it responsibility and business experi- and collection of the special shall take effect and be in force ence to create and preserve employ- assessments, expenses of legal immediately upon its passage and ment opportunities in the Cleveland services, the cost of all labor and approval by the Mayor; otherwise it Area Enterprise Zone and to materials and all other necessary shall take effect and be in force from improve the economic climate of the expenditures allowed by law. and after the earliest period allowed City of Cleveland. Section 7. That the special by law. Section 2. That the Director of assessments to be levied shall be paid Referred to Directors of Economic Economic Development is authorized when levied as described in the above- Development, City Planning to enter into an Enterprise Zone mentioned Cooperative Agreement. Commission, Finance, Law; Agreement with the Enterprise to All special assessments and Committees on Development Planning provide for a ten-year, sixty percent installments which have not been paid and Sustainability, Finance. (60%) tax abatement for certain real shall be certified by the Clerk of property improvements commencing Council to the County Fiscal Officer on Ord. No. 938-17. the first year for which the real or before the second Monday in By Council Members Brancatelli property improvements would first be September each year to be placed by and Kelley (by departmental request). taxable were that property not him on the tax duplicate and collected An emergency ordinance exempted from taxation; the the same as other taxes, as provided authorizing the Director of Economic abatement shall be subject to annual by law. Development to enter into an review of the Tax Incentive Review Section 8. That no notes or bonds of Enterprise Zone Agreement with Nova Council. the City of Cleveland shall be issued in Tube and Steel LLC, and/or its Section 3. That the terms of the tax anticipation of the levy or collection of designee, to provide for tax abatement abatement shall be in accordance with the special assessments. for certain real property the terms in the Summary contained in Section 9. That the Commissioner of improvements for the development of File No.938-17-A. These terms shall not Assessments and Licenses is a tube mill manufacturing facility in be amended, nor shall the tax authorized to prepare and file in the the Cuyahoga Valley Industrial abatement be assignable or Office of the Clerk of Council an Center located at I-77 and Pershing transferable to any entity, without the estimated list of special assessments Avenue in the Cleveland Area prior legislative authorization by under the provisions of this Ordinance Enterprise Zone. Cleveland City Council. showing the amount of the special Whereas, by letter dated June 21, Section 4. That the Director of assessments against each lot or parcel 2017, the City provided the Cleveland Economic Development is authorized of land to be assessed. Such estimated Metropolitan School District (“CMSD”) to charge and accept fees in an list of special assessments shall be with a notice of proposed tax amount not to exceed the maximum based on the estimated cost of the exemptions required by the Revised allowable under Chapter 5709 of the Cumberland Project Plan which is Code; and Revised Code and the funds are now on file in the Office of the Clerk Whereas, under Ordinance No. 948- appropriated for the purposes listed in of Council. When the estimated 95, passed June 19, 1995, this Council Chapter 5709 of the Revised Code. The special assessments have been filed, designated an area, which is in the fees shall be deposited to and the Clerk of Council shall cause notice City of Cleveland and described in File expended from Fund No. 17 SF 305. of the adoption of this Ordinance and No. 948-95-A, as the Cleveland Area Section 5. That the contract and the filing of the estimated special Enterprise Zone (the “Zone”) under other appropriate documents needed assessments to be served in the Chapter 5709 of the Revised Code; and to complete the transaction authorized manner provided by law on the owners Whereas, under Ordinance No. 1568- by this legislation shall be prepared of all lots and parcels to be assessed. 14, passed December 8, 2014, this by the Director of Law. Section 10. That the Director of Council changed the maximum term of Section 6. That any contract Economic Development is authorized, tax abatements from ten to fifteen authorized by this legislation must on the behalf of the City, to negotiate years, as now allowed under Ohio law; require the recipient of financial and enter into the Cooperative and assistance to work with, and/or cause Agreement, a Special Assessment Whereas, in August, 1995, the their Tenants to work with, The Agreement by and among the City, the Director of Development of the State Workforce Investment Board for County Treasurer of Cuyahoga of Ohio determined that the Zone Workforce Area No. 3 to identify and County, the Cleveland-Cuyahoga contains the characteristics described solicit qualified candidates for job County Port Authority, the District, in division (A) of Section 5709.61 of the opportunities related to the City’s and Cumberland, and any other Revised Code and certified the area as contracts. The identification process documents required to effectuate the an “Urban Jobs and Enterprise Zone” shall place special emphasis on the assistance authorized by the under Chapter 5709 of the Revised hard to employ, including people who Ordinance, with the Cleveland- Code; and are disabled and people who have Cuyahoga County Port Authority, the Whereas, Nova Tube and Steel LLC, been convicted of or who have pled District, or Cumberland to provide for and/or its designee (the “Enterprise”) guilty to a criminal offense which is the calculation, imposition, and has proposed to develop a tube mill unrelated to the duties of the job payment of the special assessments. manufacturing facility in the opportunity. Section 11. That any such Cuyahoga Valley Industrial Center Section 7. That this ordinance is agreements shall be prepared by the located at I-77 and Pershing Avenue in declared to be an emergency measure Director of Law. the Cleveland Area Enterprise Zone; and, provided it receives the Section 12. That the Director of and affirmative vote of two-thirds of all Economic Development is authorized Whereas, the Enterprise has the members elected to Council, it to charge and accept fees in an certified to the City that it would be at shall take effect and be in force amount not to exceed the maximum a competitive disadvantage operating immediately upon its passage and allowable fees under federal at this location if taxes on certain real approval by the Mayor; otherwise it regulations and the fees are property improvements were not shall take effect and be in force from appropriated to cover costs incurred in abated; and and after the earliest period allowed the preparation of the loan Whereas, this ordinance constitutes by law. application, closing, and servicing of an emergency measure providing for Referred to Directors of Economic the special assessment. The fees shall the immediate preservation of the Development, Finance, Law; be deposited to and expended from 17 public peace, safety, property, and Committees on Development Planning SF 305, Loan Fees Fund. welfare and that its enactment is a and Sustainability, Finance. Section 13. That this Council finds necessary prerequisite to providing and determines that all formal actions immediate assistance to create and Ord. No. 939-17. of this Council concerning and preserve job opportunities and By Council Members Keane and relating to the passage of this advance and promote commercial and Kelley (by departmental request). ordinance were passed in an open economic development in the City of An emergency ordinance meeting of this Council and that all Cleveland, and the assistance is authorizing the Director of Port deliberations of this Council and of immediately necessary or jobs will be Control to exercise the first option to any of its committees that resulted in lost; now, therefore, renew Contract No. RC 2016-9 with 1437 8 The City Record August 23, 2017

Fabrizi Recycling, Inc. to provide for and after the earliest period allowed and materials needed to repair or the rental of heavy-duty equipment, by law. replace floors and floor coverings at snow removal equipment, and Referred to Directors of Port Cleveland Hopkins International equipment operators. Control, Finance, Law; Committees on Airport and Burke Lakefront Airport, Whereas, under the authority of Transportation, Finance. for a period of two years, with two Ordinance No. 579-15, passed June 8, additional one-year options to renew, 2015, the Director of Port Control Ord. No. 941-17. the first of which shall require entered into Contract No. RC 2016-9 By Council Members Keane and additional legislative authority. with Fabrizi Recycling, Inc. to provide Kelley (by departmental request). Whereas, this ordinance constitutes for the rental of heavy-duty An emergency ordinance an emergency measure providing for equipment, snow removal equipment, authorizing the Director of Port the usual daily operation of a and equipment operators; and Control to exercise the first options to municipal department; now, therefore, Whereas, Ordinance No. 579-15 renew various contracts for the Be it ordained by the Council of requires further legislation before requirements for services and the City of Cleveland: exercising the first option to renew on materials necessary to maintain and Section 1. That the Director of this contract; and repair vehicles, trucks, and various Port Control is authorized to make Whereas, this ordinance constitutes types of equipment, including labor one or more written requirement an emergency measure providing for and installation, for the Department of contracts under the Charter and the the usual daily operation of a Port Control. Codified Ordinances of Cleveland, municipal department; now, therefore, Whereas, under the authority of Ohio, 1976, for the requirements for Be it ordained by the Council of Ordinance No. 225-15, passed April 27, a two-year period, with two addi- the City of Cleveland: 2015, the Director of Port Control tional one-year options to renew, of Section 1. That the Director of entered into Contract Nos. RC 2016-008 the necessary items of labor and Port Control is authorized to exer- with Concord Road Equipment Mfg materials needed to repair or cise the first option to renew Con- Inc., RC 2016-010 with Jack Doheny replace floors and floor coverings, tract No. RC 2016-9 for an addition- Companies Inc., RC 2016-011 with including installation, in the approx- al year with Fabrizi Recycling, Inc. Medina Tractor Sales Company, RC imate amount as purchased during for the requirements of the rental of 2016-012 with Lakefront Automotive the preceding term, to be purchased heavy-duty equipment, snow Parks, Inc., RC 2016-078 with Murphy by the Commissioner of Purchases removal equipment, and equipment Tractor & Equipment Co Inc., RC 2016- and Supplies on a unit basis for the operators, for the various divisions 082 with United Rotary Brush Divisions of Cleveland Hopkins of the Department of Port Control. Corporation, RC 2016-101 with Best International Airport and Burke Section 2. That this ordinance is Equipment Company Incorporated, Lakefront Airport, Department of declared to be an emergency measure and RC 2016-102 with M-B Companies Port Control. The first of the one- and, provided it receives the Inc.; and year options to renew may not be affirmative vote of two-thirds of all Whereas, Ordinance No. 225-15 exercised without additional legisla- the members elected to Council, it requires further legislation before tive authority. If such additional shall take effect and be in force exercising the first option to renew on legislative authority is granted and the first of the one-year options to immediately upon its passage and these contracts; and renew is exercised, then the second approval by the Mayor; otherwise it Whereas, this ordinance constitutes of the one-year options to renew shall take effect and be in force from an emergency measure providing for the usual daily operation of a may be exercised at the option of and after the earliest period allowed municipal department; now, therefore, the Director of Port Control, without by law. Be it ordained by the Council of the necessity of obtaining addition- Referred to Directors of Port the City of Cleveland: al authority of this Council. Bids Control, Finance, Law; Committees on Section 1. That the Director of shall be taken in a manner that per- Transportation, Finance. Port Control is authorized to exer- mits an award to be made for all cise the first option to renew Con- items as a single contract, or by sep- Ord. No. 940-17. tract Nos. RC 2016-008 with Concord arate contract for each or any com- By Council Members Keane and Road Equipment Mfg Inc., RC 2016- bination of the items as the Board Kelley (by departmental request). 010 with Jack Doheny Companies of Control determines. Alternate An emergency ordinance Inc., RC 2016-011 with Medina Trac- bids for a period less than the spec- authorizing the Director of Port tor Sales Company, RC 2016-012 with ified term may be taken if desired Control to exercise the first option to Lakefront Automotive Parks, Inc., by the Commissioner of Purchases renew Contract No. RC 2016-1 with RC 2016-078 with Murphy Tractor & and Supplies until provision is made Nachurs Alpine Solutions to provide Equipment Co Inc., RC 2016-082 with for the requirements for the entire for FAA-approved deicing chemicals. United Rotary Brush Corporation, term. Whereas, under the authority of RC 2016-101 with Best Equipment Section 2. That the costs of the Ordinance No. 580-15, passed June 8, Company Incorporated, and RC 2016- contract or contracts shall be charged 2015, the Director of Port Control 102 with M-B Companies Inc. in the against the proper appropriation entered into Contract No. RC 2016-1 total approximate amount of accounts and the Director of Finance with Nachurs Alpine Solutions to $1,400,000 for the requirements for shall certify the amount of any provide for the purchase of FAA- services and materials necessary to purchase under the contract, each of approved deicing chemicals; and maintain and repair vehicles, trucks, which purchases shall be made on Whereas, Ordinance No. 580-15 and various types of equipment, order of the Commissioner of requires further legislation before including labor and installation, for Purchases and Supplies by a delivery exercising the first option to renew on the Department of Port Control. order issued against the contract or this contract; and That this ordinance constitutes the contracts and certified by the Director Whereas, this ordinance constitutes additional legislative authority of Finance. (RQN 3001, RL 2017-32) an emergency measure providing for required by Ordinance No. 225-15 to Section 3. That under Section 108(b) the usual daily operation of a exercise these options. of the Charter, the purchases municipal department; now, therefore, Section 2. That this ordinance is authorized by this ordinance may be Be it ordained by the Council of declared to be an emergency measure made through cooperative the City of Cleveland: and, provided it receives the arrangements with other Section 1. That the Director of affirmative vote of two-thirds of all governmental agencies. The Director Port Control is authorized to exer- the members elected to Council, it of Port Control may sign all cise the first option to renew Con- shall take effect and be in force documents that are necessary to make tract No. RC 2016-1 for an addition- immediately upon its passage and the purchases, and may enter into one al year with Nachurs Alpine Solu- approval by the Mayor; otherwise it or more contracts with the vendors tions for the requirements of FAA- shall take effect and be in force from selected through that cooperative approved deicing chemicals, for the and after the earliest period allowed process. various divisions of the Department by law. Section 4. That this ordinance is of Port Control. Referred to Directors of Port declared to be an emergency measure Section 2. That this ordinance is Control, Finance, Law; Committees on and, provided it receives the declared to be an emergency measure Transportation, Finance. affirmative vote of two-thirds of all and, provided it receives the the members elected to Council, it affirmative vote of two-thirds of all Ord. No. 942-17. shall take effect and be in force the members elected to Council, it By Council Members Keane and immediately upon its passage and shall take effect and be in force Kelley (by departmental request). approval by the Mayor; otherwise it immediately upon its passage and An emergency ordinance shall take effect and be in force from approval by the Mayor; otherwise it authorizing the purchase by one or and after the earliest period allowed shall take effect and be in force from more requirement contracts of labor by law. 1438 August 23, 2017 The City Record 9

Referred to Directors of Port the Cleveland Coordinating from Cuyahoga County Solid Waste Control, Finance, Law; Committees on Committee for the Cod, Inc. for the Management District for the 2018-20 Transportation, Finance. purpose of operating a submarine Solid Waste Disposal Program. museum, for a term of two years with Whereas, this ordinance constitutes Ord. No. 943-17. three one-year options to renew, the an emergency measure providing for By Council Members Keane and first of which would require the usual daily operation of a Kelley (by departmental request). additional legislative authority. municipal department; now, therefore, An emergency ordinance Whereas, the City of Cleveland Be it ordained by the Council of authorizing the Director of Port owns certain property known as 1201 the City of Cleveland: Control to enter into a property North Marginal Road, which is Section 1. That the Director of adoption agreement with the suitable for lease by another party for Public Health is authorized to apply Cleveland National Air Show a public use; and for and accept a grant in the Foundation for the display of two Whereas, the Cleveland approximate amount of $70,000 for statue-type F-4 fighter planes on Coordinating Committee for the Cod, each year of the grant, and any property located near the entrance of Inc. (“the Lessee”) has proposed to other funds that may become avail- Cleveland Burke Lakefront Airport, lease the property from the City for able during the grant term, from the including maintenance of the the purpose of operating a submarine Cuyahoga County Solid Waste Man- property, for a period of five years, museum; and agement District to conduct the with five one-year options to renew, Whereas, this Council finds that the 2018-20 Solid Waste Disposal Pro- exercisable by the Director of Port lease of the real estate is in conformity gram; that the Director is autho- Control. with the provisions of Charter Section rized to file all papers and execute Whereas, this ordinance constitutes 45; and all documents necessary to receive an emergency measure providing for Whereas, this ordinance constitutes the funds under the grant; and that the usual daily operation of a an emergency measure providing for the funds are appropriated for the municipal department; now, therefore, the usual daily operation of a purposes described in the Executive Be it ordained by the Council of municipal department; now, therefore, Summary for the grant contained in the City of Cleveland: Be it ordained by the Council of the file described below. Section 1. That, notwithstanding the City of Cleveland: Section 2. That the Executive and as an exception to the provi- Section 1. That notwithstanding Summary for the grant, File No. 945-17- sions of Chapters 181 and 183 and and as an exception to the provi- A, made a part of this ordinance as if fully rewritten, is approved in all Section 133.24 of the Codified Ordi- sions of Chapters 181 and 183 of the respects and shall not be changed nances of Cleveland, Ohio, 1976, the Codified Ordinances of Cleveland, without additional legislative Director of Port Control is autho- Ohio, 1976, the Director of Port Con- rized to enter into a property adop- authority. trol is authorized to lease to Lessee Section 3. That the Director of tion agreement with the Cleveland certain property more fully National Air Show Foundation for Public Health shall have the authority described as 0.64 acres of land in the to extend the term of the grant during the display of two statue-type F-4 City of Cleveland located at 1201 fighter planes on property located the grant term. North Marginal Road, which is suit- Section 4. That the Director of near the entrance of Cleveland able for lease by another party for Burke Lakefront Airport, including Public Health shall deposit the grant a public use for operation of a sub- maintenance of the property. accepted under this ordinance into a marine museum. Section 2. That this property fund or funds designated by the Section 2. That the term of the lease adoption shall not be construed as a Director of Finance to implement the authorized by this ordinance shall not conveyance of any right, title, or program as described in the file and exceed two years with three one-year interest in public property, but is the appropriated for that purpose. options to renew, the first of which Section 5. That, unless expressly grant of a privilege revocable by the would require additional legislative prohibited by the grant agreement, Director of Port Control. under Section 108(b) of the Charter, Section 3. That the property authority. purchases made under the grant adoption agreement shall be for a term Section 3. That the property agreement may be made through of five years with five one-year authorized by this ordinance shall be cooperative arrangements with other options to renew, exercisable by the leased at $1.00 annually and other governmental agencies. The Director Director of Port Control. valuable consideration, determined to be fair market value, exclusive of of Public Health may sign all Section 4. That the property documents and do all things that are adoption agreement shall further utilities. Section 4. That the lease may necessary to make the purchases, and provide that the aircraft may be may enter into one or more contracts relocated or removed by the City, authorize the Lessee to make improvements to the leased premises with the vendors selected through that should the area used for display of the cooperative process. The contracts aircraft be needed for other airport subject to the approval of appropriate City agencies and officials. will be paid from the fund or funds to purposes. which are credited any grant funds Section 5. That the lease shall be Section 5. That the Director of Port accepted under this ordinance. prepared by the Director of Law. Control is authorized to accept the gift Section 6. That this ordinance is of any improvements to the adopted Section 6. That the Director of Port declared to be an emergency measure property landscaped and maintained Control, the Director of Law, and other and, provided it receives the by the Cleveland National Airshow appropriate City officials are affirmative vote of two-thirds of all Foundation. authorized to execute any other the members elected to Council, it Section 6. That the property documents and certificates, and take shall take effect and be in force adoption agreement authorized shall any other actions which may be immediately upon its passage and be prepared by the Director of Law. necessary or appropriate to effect the approval by the Mayor; otherwise it Section 7. That this ordinance is lease authorized by this ordinance. shall take effect and be in force from declared to be an emergency measure Section 7. That this ordinance is and after the earliest period allowed and, provided it receives the declared to be an emergency measure by law. affirmative vote of two-thirds of all and, provided it receives the Referred to Directors of Public the members elected to Council, it affirmative vote of two-thirds of all Health, Finance, Law; Committees on shall take effect and be in force the members elected to Council, it Health and Human Services, Finance. immediately upon its passage and shall take effect and be in force approval by the Mayor; otherwise it immediately upon its passage and Ord. No. 946-17. shall take effect and be in force from approval by the Mayor; otherwise it By Council Members Pruitt and and after the earliest period allowed shall take effect and be in force from Kelley (by departmental request). by law. and after the earliest period allowed An emergency ordinance Referred to Directors of Port by law. authorizing the Director of Public Control, City Planning Commission, Referred to Directors of Port Utilities to employ one or more Finance, Law; Committees on Control, City Planning Commission, professional consultants to provide Transportation, Finance. Finance, Law; Committees on temporary personnel, for a period of Transportation, Finance. one year, with two one-year options to Ord. No. 944-17. renew, the second of which would By Council Members Keane and Ord. No. 945-17. require additional legislative Kelley (by departmental request). By Council Members Cummins and authority. An emergency ordinance Kelley (by departmental request). Whereas, this ordinance constitutes authorizing the Director of Port An emergency ordinance an emergency measure providing for Control to lease certain property authorizing the Director of Public the usual daily operation of a located at 1201 North Marginal Road to Health to apply for and accept a grant municipal department; now, therefore, 1439 10 The City Record August 23, 2017

Be it ordained by the Council of Be it ordained by the Council of Commissioner of Purchases and the City of Cleveland: the City of Cleveland: Supplies until provision is made for Section 1. That the Director of Section 1. That the Director of the requirements for the entire term. Public Utilities is authorized to Public Utilities is authorized to Section 3. That the costs of the employ by contract or contracts one make one or more written require- contract or contracts shall be charged or more consultants or one or more ment contracts under the Charter against the proper appropriation firms of consultants for the purpose and the Codified Ordinances of accounts and the Director of Finance of supplementing the regularly Cleveland, Ohio, 1976, for the shall certify the amount of any employed staff of the several depart- requirements for a period up to two purchase under the contract, each of ments of the City of Cleveland in years, with two one-year options to which purchases shall be made on order to provide professional ser- renew, of the necessary items of order of the Commissioner of vices necessary to provide tempo- landscape materials, supplies, and Purchases and Supplies by a delivery rary personnel, including but not services, including labor and mate- order issued against the contract or limited to, plumbers, electrical work- rials, needed to maintain, test, contracts and certified by the Director ers, heavy equipment operators, install, replace, improve, and refur- of Finance. (RQN 2002, RL 2017-36) water plant operators, carpenters, bish landscaping located at City- Section 4. That under Section 108(b) clerical, accountants, laborers, IT owned or leased Public Utility facil- of the Charter, the purchases professionals, engineers, and line- ities, including but not limited to authorized by this ordinance may be men, for a period of one year, with buildings, yards, structures, sta- made through cooperative two one-year options to renew, the tions, towers, substations, and City arrangements with other second of which would require addi- right-of-ways, in the approximate governmental agencies. The Director tional legislative authority. The amount as purchased during the pre- of Public Utilities may sign all first of the one-year options to ceding term, to be purchased by the documents that are necessary to make renew may be exercised by the Commissioner of Purchases and Sup- the purchases, and may enter into one Director of Public Utilities, without plies on a unit basis for the Divi- or more contracts with the vendors the necessity of obtaining addition- sions of Water, Water Pollution Con- selected through that cooperative al authority of this Council. The sec- trol, and Cleveland Public Power, process. ond of the one-year options to renew Department of Public Utilities. The Section 5. That this ordinance is may not be exercised without addi- first of the one-year options to declared to be an emergency measure tional legislative authority. renew may not be exercised without and, provided it receives the The selection of the consultant or additional legislative authority. If affirmative vote of two-thirds of all consultants for the services shall be such additional legislative authority the members elected to Council, it made by the Board of Control on the is granted and the first of the one- shall take effect and be in force nomination of the Director of Public year options to renew is exercised, immediately upon its passage and Utilities from a list of qualified then the second of the one-year approval by the Mayor; otherwise it consultants available for employment options to renew may be exercised shall take effect and be in force from as may be determined after a full and at the option of the Director of Pub- and after the earliest period allowed complete canvass by the Director of lic Utilities, without the necessity of by law. Referred to Directors of Public Public Utilities for the purpose of obtaining additional authority of Utilities, Finance, Law; Committees compiling a list. The compensation to this Council. Bids shall be taken in on Utilities, Finance. be paid for the services shall be fixed a manner that permits an award to by the Board of Control. The contract be made for all items as a single Ord. No. 948-17. or contracts authorized shall be contract, or by separate contract for By Council Members K. Johnson, prepared by the Director of Law, each or any combination of the Zone and Kelley (by departmental approved by the Director of Public items as the Board of Control deter- request). Utilities, and certified by the Director mines. Alternate bids for a period An emergency ordinance of Finance. less than the specified term may be authorizing the Directors of Public Section 2. That the cost of the taken if desired by the Commis- Works and Public Safety, as contract or contracts authorized shall sioner of Purchases and Supplies appropriate, to enter into one or more be paid from Fund No. 52 SF 001, until provision is made for the license agreements with Mount Request No. RQS 2002, RL 2017-80. requirements for the entire term. Pleasant Now Development Section 3. That this ordinance is Section 2. That the Director of Corporation, or its designee, to use and declared to be an emergency measure Public Utilities is authorized to make occupy City-owned properties and and, provided it receives the one or more written requirement ongoing maintenance of historical affirmative vote of two-thirds of all contracts under the Charter and the informational marker signs at Luke the members elected to Council, it Codified Ordinances of Cleveland, Easter Park, Alexander Hamilton shall take effect and be in force Ohio, 1976, for the requirements for a Recreation Center, and the Fourth immediately upon its passage and period up to two years, with two one- District Police Station. approval by the Mayor; otherwise it year options to renew, of the necessary Whereas, this ordinance constitutes shall take effect and be in force from items of landscape materials, supplies, an emergency measure providing for and after the earliest period allowed and services, including labor and the usual daily operation of a by law. materials, to install, replace, and municipal department; now, therefore, Referred to Directors of Public restore tree lawns damaged due to Be it ordained by the Council of Utilities, Finance, Law; Committees utility work performed by the the City of Cleveland: on Utilities, Finance. Department of Public Utilities, in the Section 1. That, notwithstanding approximate amount as purchased Section 183.16 of the Codified Ordi- Ord. No. 947-17. during the preceding term, to be nances of Cleveland, Ohio, the Direc- By Council Members Pruitt and purchased by the Commissioner of tors of Public Works and Public Kelley (by departmental request). Purchases and Supplies on a unit basis Safety, as appropriate, are autho- An emergency ordinance for the Divisions of Water, Water rized to enter into one or more authorizing the purchase by one or Pollution Control, Cleveland Public license agreements with Mount more requirement contracts of Power, Department of Public Utilities. Pleasant Now Development Corpora- landscape materials, supplies, and The first of the one-year options to tion, or its designee, (“Mount Pleas- services, including labor and renew may not be exercised without ant”) whereby the City is granting materials, needed to maintain, test, additional legislative authority. If Mount Pleasant the right to use and install, replace, improve, restore, and such additional legislative authority occupy City properties for the instal- refurbish landscaping and tree lawns is granted and the first of the one-year lation and ongoing maintenance of located at City-owned or leased Public options to renew is exercised, then the historical informational marker Utility facilities and City right-of- second of the one-year options to signs at Luke Easter Park, Alexan- ways, for the Divisions of Water, renew may be exercised at the option der Hamilton Recreation Center, and Water Pollution Control, and of the Director of Public Utilities, the Fourth District Police Station, at Cleveland Public Power, Department without the necessity of obtaining a cost of $1.00 and other valuable of Public Utilities, for a period up to additional authority of this Council. consideration. The locations are two years, with two one-year options Bids shall be taken in a manner that more fully described as follows: to renew, the first of which shall permits an award to be made for all require additional legislative items as a single contract, or by Location of Luke Easter Park authority. separate contract for each or any Historic Marker Whereas, this ordinance constitutes combination of the items as the Board To be located approximately 5.00 an emergency measure providing for of Control determines. Alternate bids feet North of the North right of way of the usual daily operation of a for a period less than the specified Kinsman Road opposite of 10612 municipal department; now, therefore, term may be taken if desired by the Kinsman Road. P.P.N. 128-30-001 1440 August 23, 2017 The City Record 11

Location of Alexander Hamilton be perpetual, automatically renewed Section 5. That this ordinance is Recreation Center Historic Marker from year to year unless terminated declared to be an emergency measure To be located approximately 5.00 by either party. and, provided it receives the feet South of the South right of way of Section 3. That the license affirmative vote of two-thirds of all 13314 Kinsman Road between two agreement or agreements shall be the members elected to Council, it existing bollards. P.P.N. 130-24-014 prepared by the Director of Law. shall take effect and be in force Section 4. That the Director of immediately upon its passage and Location of Fourth District Police Public Works and Public Safety, as approval by the Mayor; otherwise it Station Historic Marker appropriate, and the Director of Law, shall take effect and be in force from To be located approximately 5.00 and other appropriate City officials, and after the earliest period allowed feet North of the North right of way of are authorized to execute such other by law. 9305 Kinsman Road at the N.E. corner documents and certificates, and take Referred to Directors of Public of Ramona Blvd. and Kinsman Road. such other action as may be necessary Works, Public Safety, City Planning P.P.N. 128-30-001 or appropriate to effect the license Commission, Finance, Law; Section 2. That the term of the agreement or agreements authorized Committees on Municipal Services and license agreement or agreements shall by this ordinance. Properties, Safety, Finance.

Ord. No. 950-17. By Council Member Kelley (by departmental request). An emergency ordinance to amend Section 48 of Ordinance No. 323-15, passed March 30, 2015, as amended, relat- ing to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Section 48 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 858-15, passed August 19, 2015, Ordinance No. 650-16, passed June 6, 2016, and Ordinance No. 1343-16, passed November 21, 2016, is amended to read as follows:

Section 48. Hourly Rate – Cleveland Building and Construction Trades Council

Compensation for all persons employed by the hour in any of the following classifications shall be fixed by the appointing authority within the limits established in the following schedule for each classification:

Effective Date Minimum Maximum 1. Asbestos Worker (Insulator) ...... 8/1/17 $46.76 $58.45 2. Boiler Maker ...... 1/1/17 52.01 65.01 3. Bricklayer ...... 5/1/17 40.20 50.25 4. Bricklayer Foreman ...... 5/1/17 41.45 51.25 5. Carpenter...... 5/1/17 39.72 49.65 6. Carpenter Foreman...... 5/1/17 40.97 50.90 7. Cement Finisher ...... 5/1/17 39.96 49.95 8. Cement Finisher Foreman...... 5/1/17 41.21 50.90 9. Electrical Worker ...... 4/24/17 46.40 58.00 10. Electrical Worker Foreman...... 4/24/17 47.65 59.56 11. Glazier...... 5/1/17 38.61 48.26 12. Ironworker ...... 5/1/17 44.17 55.21 13. Ironworker Foreman...... 5/1/17 45.42 57.71 14. Painter...... 5/1/17 35.29 43.55 15. Painter Foreman ...... 5/1/17 36.54 44.55 16. Pipefitter (Welder) ...... 5/2/17 48.86 61.07 17. Pipefitter Foreman ...... 5/2/17 50.11 62.29 18. Plasterer ...... 5/1/17 37.66 47.07 19. Plasterer Foreman...... 5/1/17 38.91 48.57 20. Plumber (Welder)...... 5/2/17 48.12 60.15 21. Plumber Foreman ...... 5/2/17 49.37 61.96 22. Roofer ...... 5/1/17 40.29 50.36 23. Sheet Metal Worker ...... 5/1/17 49.71 62.14 24. Sheet Metal Worker Foreman...... 5/1/17 50.96 64.64

Section 2. That existing Section 48 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 858-15, passed August 19, 2015, Ordinance No. 650-16, passed June 6, 2016, and Ordinance No. 1343-16, passed Novem- ber 21, 2016, is repealed. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred to Directors of Human Resources, Finance, Law; Committee on Finance.

Ord. No. 951-17. By Council Member Kelley (by departmental request). An emergency ordinance to amend Section 50 of Ordinance No. 323-15, passed March 30, 2015, as amended, relat- ing to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Section 50 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 151-16, passed February 29, 2016, and Ordinance No. 1343-16, passed November 21, 2016, is amended to read as follows: 1441 12 The City Record August 23, 2017

Section 50. Hourly Rate - MCEO Effective May 1, 2017 compensation for all persons employed by the hour in any of the following classifica- tions shall be fixed by the appointing authority within the limits established in the following schedule for each classification:

Minimum Maximum 1. Construction Equipment - Group A ...... $42.83 $53.54 2. Construction Equipment - Group B ...... 42.71 53.59 3. Master Mechanic...... 43.63 54.54

Section 2. That existing Section 50 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 151-16, passed February 29, 2016, and Ordinance No. 1343-16, passed November 21, 2016, is repealed. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred to Directors of Human Resources, Finance, Law; Committee on Finance.

Ord. No. 952-17. By Council Member Kelley (by departmental request). An emergency ordinance to amend Section 35 of Ordinance No. 323-15, passed March 30, 2015, as amended, relat- ing to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Section 35 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 1022-16, passed September 26, 2016, Ordinance No. 189-17, passed March 20, 2017, and Ordinance No. 644-17, passed June 5, 2017, is amended to read as follows:

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

Minimum Maximum 1. Aging Services Administrator...... $27,325.56 $96,798.67 2. Air Pollution Control, Engineer IV ...... 20,800.00 69,713.09 3. Airport Operations Superintendent...... 53,682.00 114,986.00 4. Airport Safety Shift Commander ...... 20,800.00 79,225.56 5. Animal Control Supervisor I ...... 40,000.00 60,000.00 6. Animal Control Supervisor II...... 45,000.00 70,000.00 7. Assistant Administrator...... 20,800.00 72,000.00 8. Assistant Aging Services Administrator...... 20,800.00 68,738.75 9. Assistant Manager of Marketing...... 20,800.00 64,468.16 10. Assistant Security Manager...... 20,800.00 68,175.93 11. Central Payroll Supervisor...... 20,800.00 92,276.53 12. Chief Building Inspector...... 20,800.00 75,084.85 13. Chief Electrical Inspector ...... 20,800.00 75,084.85 14. Chief Elevator Inspector...... 20,800.00 75,084.85 15. Chief Heating Inspector...... 20,800.00 75,084.85 16. Chief Rehabilitation Supervisor ...... 20,800.00 79,225.56 17. Chore Services Coordinator ...... 20,800.00 57,417.83 18. Contract Supervisor - Division of Purchases and Supplies...... 20,800.00 69,383.29 19. Data Processing Supervisor ...... 20,800.00 64,468.16 20. Deputy Central Payroll Supervisor...... 20,800.00 69,668.31 21. Manager of Public Utilities - Building Maintenance.... 20,800.00 86,124.77 22. Performance Auditor...... 40,000.00 90,000.00 23. Quality Control Inspector ...... 25,000.00 65,000.00 24. Senior Systems Analyst ...... 20,800.00 87,543.86 25. Shelter Operations Manager ...... 40,000.00 80,000.00 26. Shift Supervisor Operations ...... 20,800.00 64,468.16 27. Superintendent of Distribution ...... 20,800.00 79,972.99 28. Superintendent of Purchase Power...... 27,325.56 102,352.02 29. Supervising Tax Auditor ...... 20,800.00 67,000.00 30. Supervisor of Civil Service Records ...... 20,800.00 64,468.16

Section 2. existing Section 35 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 1022- 16, passed September 26, 2016, Ordinance No. 189-17, passed March 20, 2017, and Ordinance No. 644-17, passed June 5, 2017, is repealed. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred to Directors of Human Resources, Finance, Law; Committee on Finance. 1442 August 23, 2017 The City Record 13

Ord. No. 955-17. agreements related to the obligations, “Hedge Agreement” means any By Council Members Zone and and authorized and approved related agreement defined as such in Section Kelley (by departmental request). matters; and 11. An emergency ordinance Whereas, in order to take advantage “Indenture” means, as applicable, authorizing the Director of Finance, of current favorable market (i) the Original Indenture as on behalf of the Community Police conditions for the benefit of the users previously supplemented and Commission, to employ one or more of the City’s Waterworks System, this amended and as further supplemented professional consultants to provide Council has determined to amend the and amended by Supplemental the Community Police Commission Ordinance to include authorization for Indentures as provided in this with organization and operational refunding subordinate lien bonds, in Ordinance for the Refunding Bonds or assistance, to assess and develop a addition to senior lien bonds, under (ii) the Subordinate Bonds Trust strategic vision and written plan for the Ordinance, and to extend the Indenture, dated as of October 1, 2012, the commission, and to provide other effectiveness of the Ordinance one between the City and U.S. Bank related services, for a period of one year past its current expiration date; National Association, as trustee, year. and delivered under authority of Whereas, this ordinance constitutes Whereas, this Ordinance constitutes Ordinance No. 919-12 passed by the an emergency measure providing for an emergency measure providing for Council of the City on August 8, 2012 the usual daily operation of a the usual daily operation of a as supplemented and amended by municipal department; now, therefore, municipal department and providing Supplemental Indentures as provided Be it ordained by the Council of for the immediate preservation of in this Ordinance for the Refunding the City of Cleveland: public peace, property, health or Bonds. Section 1. That the Director of safety, in that authorizing the “Original Indenture” means the Finance, on behalf of the Communi- following amendments to the Amended and Restated Trust ty Police Commission, is authorized Ordinance to permit the refunding of Indenture, effective October 5, 2001, to employ by contract or contracts subordinate lien bonds and to extend between the City and U.S. Bank one or more consultants or one or the effectiveness of the Ordinance is National Association, as successor more firms of consultants for the necessary to enable the City to trustee, delivered under authority of purpose of supplementing the regu- respond to market conditions on a Ordinance No. 2011-95 passed by the larly employed staff of the several Council of the City on April 1, 1996 and timely basis for the benefit of the departments of the City of Cleveland with the consent of the owners of 66- Waterworks System and its users; in order to provide professional ser- 2/3% of the applicable Outstanding now, therefore, vices necessary to provide the Com- Revenue Bonds under the Indenture of Be it ordained by the Council of munity Police Commission with Mortgage dated as of November 1, the City of Cleveland: organization and operational assis- 1977. Section 1. That Sections 1 and 25 tance, to assess and develop a “Original Purchasers” means, with of Ordinance No. 985-14, passed Sep- strategic vision and written plan for respect to each Series of Refunding the commission, and to provide other tember 8, 2014, are amended to read Bonds, the financial institutions related services, for a period of one as follows: identified in the applicable Certificate year. of Award. The selection of the consultant or Section 1. Definitions. “Outstanding Revenue Bonds” consultants for the services shall be In addition to the words and terms means Water Revenue Bonds of the made by the Board of Control on the defined in the Indenture, the following City issued and outstanding, from nomination of the Director of Finance, words and terms shall have the time to time, under the Indenture. On on behalf of the Community Police following meanings, unless the the date of introduction of this Commission, from a list of qualified context or use clearly indicates Ordinance the following Bonds are consultants available for employment another or different meaning or intent: Outstanding: Series G (currently as may be determined after a full and “Bonds’ or ‘Water Revenue Bonds” outstanding in the amount of complete canvass by the Director of means all Bonds or Subordinate Bonds $66,220,000), Series N (currently Finance, on behalf of the Community issued and outstanding under the outstanding in the amount of Police Commission, for the purpose of Indenture. $21,865,000), Series O (currently compiling a list. The compensation to “Bond Purchase Agreement” means, outstanding in the amount of be paid for the services shall be fixed as to each Series of Refunding Bonds, $127,660,000, Series P (currently by the Board of Control. The contract the purchase agreement between the outstanding in the amount of or contracts authorized shall be City and the Original Purchasers $103,990,000), Series Q (currently prepared by the Director of Law, authorized by Section 4 with respect to outstanding in the amount of approved and certified by the Director that Series. $90,800,000), Series T (currently of Finance. “Certificate of Award” means, as to outstanding in the amount of Section 2. That the cost of the each Series of Refunding Bonds, the $57,020,000), Series U (currently contract or contracts authorized shall certificate determining the final terms outstanding in the amount of be paid from Fund No. 01-6010-6320, of the Refunding Bonds of that Series, $54,935,000), Series V (currently Request No. RQS 6010, RL 2017-82. consistent with the requirements of outstanding in the amount of Section 3. That this ordinance is this Ordinance, including, without $26,495,000), Series W (currently declared to be an emergency measure limitation, Section 4. outstanding in the amount of and, provided it receives the “Continuing Disclosure Agreement” $44,420,000, and Series X (currently affirmative vote of two-thirds of all means, as to each Series of Refunding outstanding in the amount of the members elected to Council, it Bonds, any continuing disclosure $44,410,000). shall take effect and be in force agreement authorized by Section 14. “Refunded Bonds” means, as to each immediately upon its passage and “Credit Support Instrument” means Series of Refunding Bonds, the approval by the Mayor; otherwise it an insurance policy, surety, letter of Outstanding Revenue Bonds shall take effect and be in force from credit, standby bond purchase designated in the Certificate of Award and after the earliest period allowed agreement or other credit as the Water Revenue Bonds to be by law. enhancement, support or liquidity refunded with proceeds of that Series Referred to Directors of Finance, facility used to enhance or provide for of Refunding Bonds. Law; Committees on Safety, Finance. the security or liquidity of Refunding “Refunding Bonds” means the Bonds, or any Hedge Agreements. obligations authorized by this Ord. No. 956-17. “Escrow Agreement” means one or Ordinance to be issued in one or more By Council Member Kelley (by more agreements between the City Series as additional Water Revenue departmental request). and the Trustee, in its capacity as Bonds under the Indenture for the An emergency ordinance to amend Escrow Agent, authorized by Section purpose of refunding one or more Sections 1 and 25 of Ordinance No. 985- 7 or Section 17. Series of Outstanding Revenue Bonds, 14, passed September 8, 2014, relating “Escrow Fund” means the fund, or designated maturities thereof, or to the issuance and sale of water including the account or accounts one or more Series of Refunding revenue obligations to refund therein, required to be maintained Bonds. outstanding water revenue with the Trustee, in its capacity as “Supplemental Indenture” means, as obligations. Escrow Agent pursuant to an Escrow to each Series of Refunding Bonds, the Whereas, this Council passed Agreement. Supplemental Indenture or Ordinance No. 985-14 on September 8, “Financial Advisor” means any Supplemental Subordinate Indenture, 2014 (the “Ordinance”) and authorized financial advisory firm or firms as applicable, between the City and the issuance and sale of water revenue retained by the Director of Finance of the Trustee securing that Series of obligations to refund outstanding the City, from time to time, pursuant to Refunding Bonds as authorized under water revenue obligations, authorized Section 18. Section 7. 1443 14 The City Record August 23, 2017

“Taxable Obligations” means any funds are appropriated for this pur- Cleveland are 8201 St. Clair Avenue Refunding Bonds the interest on pose. and 799 East 82nd Street, Cuyahoga which is intended to be included in Section 2. That this ordinance is County Auditor’s Permanent Parcel gross income for federal income tax declared to be an emergency measure Numbers are 105-20-012, 105-20-013, and purposes. and, provided it receives the 105-20-014 and is also known as the “Tax-Exempt Obligations” means affirmative vote of two-thirds of all following described property: any Refunding Bonds the interest on the members elected to Council, it Situated in the City of Cleveland, which is intended to be excluded from shall take effect and be in force County of Cuyahoga and State of Ohio gross income for federal income tax immediately upon its passage and and known as being all of Sub Lot Nos. purposes. approval by the Mayor; otherwise it 93-95 inclusive and part of Sub Lot Nos. “Tender Offer” means an offer by shall take effect and be in force from 90, 91, 92 and 96 in R.N. Denham’s the City to holders of Outstanding and after the earliest period allowed Subdivision of part of Original One Revenue Bonds for the purchase of the by law. Hundred Acre Lot 367, as shown by the Outstanding Bonds in lieu of Referred to Directors of Finance, recorded plat in Volume 5 of Maps, redemption. Law; Committee on Finance. Page 47 of Cuyahoga County Records and being bounded and described as Section 25. Sunset of Authorization. Ord. No. 958-17. follows: The authority granted by Section 2 By Council Member K. Johnson. Beginning at a drill hole set in of this Ordinance to issue Refunding An emergency ordinance to add the concrete at the intersection of the Bonds shall expire four years from the name “Thomas R. and Louise Boddie Northwesterly line of St. Clair Avenue effective date of this Ordinance. If a Way” as a secondary and honorary N.E. (80.00 feet wide) with the preliminary official statement with name to East 124th Street between Easterly line of East 82nd Street, respect to the Refunding Bonds is Union Avenue and Corlett Avenue. formerly Ansel Road (60 feet wide); distributed under the authority of this Whereas, this ordinance constitutes Thence Northerly along said Ordinance at any time within the four- an emergency measure providing for Easterly line of East 82nd Street, the usual daily operation of a year period following its effective about 440 feet to a nail set in asphalt, municipal department; now, therefore, date, then the authority granted by said nail being a distance of 6.00 feet Be it ordained by the Council of Section 2 of this Ordinance shall not Southerly measured along the the City of Cleveland: expire as to those Refunding Bonds. Easterly line of East 82nd Street from Section 1. That, notwithstanding The Director of Finance shall notify the Southwesterly corner of Sublot 97 and as an exception to the Codified the Chairman of the Finance in aforementioned R.N. Denham’s Ordinances of the City of Cleveland, Committee and the Clerk of this 1976, the name “Thomas R. and Subdivision; Council of the initiation of the Louise Boddie Way” shall be added Thence Easterly along a line issuance of any Refunding Bonds as a secondary and honorary name parallel to and Southerly a distance of under the authority of this Ordinance. to East 124th Street between Union 6.00 feet from the Southerly line of said Section 2. That existing Sections 1 Avenue and Corlett Avenue. Sub Lot 97, 150 feet to a 5/8” iron pin and 25 of Ordinance No. 985-14, passed Section 2. That this ordinance is set on the Westerly line of lands September 8, 2014, are repealed. hereby declared to be an emergency conveyed by William J. Gordon to the Section 3. That pendency and measure and, provided it receives the City of Cleveland by deed dated passage of this Ordinance shall in no affirmative vote of two-thirds of all October 31, 1893 and recorded in way affect the continuing the members elected to Council, it Volume 563, Page 196 of Cuyahoga effectiveness of the Ordinance as shall take effect and be in force County Records, also known as originally passed except to the extent immediately upon its passage and Gordon Park; amended by this Ordinance. approval by the Mayor; otherwise it Thence Southerly along the Section 4. That this Ordinance is shall take effect and be in force from Westerly line of Lands so conveyed to hereby declared to be an emergency and after the earliest period allowed the City of Cleveland, about 350 feet to measure and, provided it receives the by law. a point at the Northwesterly line of St. affirmative vote of two-thirds of all Referred to Director of Law; Clair Avenue N.E. (80 feet wide); members elected to Council, it shall Committee on Finance. Thence Southwesterly along said take effect and be in force Northwesterly line of St. Clair Avenue immediately upon its passage and Ord. No. 959-17. N.E, (80 feet wide), 175 feet to a point approval by the Mayor; otherwise it By Council Member J. Johnson. being the intersection of said shall take effect and be in force from An emergency ordinance Northwesterly line of St. Clair Avenue and after the earliest period allowed designating St. Philip Neri Church, N.E. (80 feet wide) and said Easterly by law. Rectory and School as a Cleveland line of East 82nd Street (60 feet wide), Referred to Directors of Finance, Landmark. and the place of beginning, be the Law; Committee on Finance. Whereas, under Chapter 161 of the same more or less but subject to all Codified Ordinances of Cleveland, legal highways; Ord. No. 957-17. Ohio, 1976, the Cleveland Landmarks Legal Description approved by Greg By Council Member Kelley (by Commission (the “Commission”), has Esber, Section Chief, Plats, Surveys departmental request). proposed to designate St. Philip Neri and House Numbering Section An emergency ordinance Church, Rectory and School as a which in its entirety is a property authorizing the Director of Finance, landmark; and having special character or special on behalf of the Cleveland Municipal Whereas, public hearings under historical or aesthetic value as part of Court, Housing Division, to enter into division (b)(2) of Section 161.04 were the development, heritage, or cultural an agreement with the Alcohol, Drug held on June 28, 2012 and December 12, characteristics of the City, State, or Addiction and Mental Health Services 2013 to discuss the proposed the United States, is designated a Board of Cuyahoga County to accept designation of St. Philip Neri Church, landmark under Chapter 161 of the funding for the purpose of improving Rectory and School as a landmark; Codified Ordinances of Cleveland, housing retention for tenants in and Ohio, 1976. eviction court. Whereas, the Commission has Section 2. That this ordinance is Whereas, this ordinance constitutes recommended designation of St. Philip declared to be an emergency measure an emergency measure providing for Neri Church, Rectory and School as a and, provided it receives the the usual daily operation of a landmark and has set forth certain affirmative vote of two-thirds of all municipal department; now, therefore, findings of fact constituting the basis the members elected to Council, it Be it ordained by the Council of for its decision; and shall take effect and be in force the City of Cleveland: Whereas, this ordinance constitutes immediately upon its passage and Section 1. That the Director of an emergency measure providing for approval by the Mayor; otherwise it Finance, on behalf of the Cleveland the immediate preservation of the shall take effect and be in force from Municipal Court, Housing Division public peace, property, health, and and after the earliest period allowed is authorized to enter into an Agree- safety in that the immediate by law. ment with the Alcohol, Drug Addic- protection of the historic landmark is Referred to Directors of City tion and Mental Health Services necessary to safeguard the special Planning Commission, Law; Board of Cuyahoga County to accept historical, community, or aesthetic Committee on Development Planning funding in the approximate amount interest or value in the landmark; now, and Sustainability. of $15,000 for the purpose of improv- therefore ing housing retention for tenants in Be it ordained by the Council of Ord. No. 960-17. eviction court. That the Director is the City of Cleveland: By Council Member Zone. authorized to file all papers and Section 1. That St. Philip Neri An emergency ordinance execute all documents necessary to Church, Rectory and School whose designating the Liberty H. Ware receive the funds; and that the street addresses in the City of House as a Cleveland Landmark. 1444 August 23, 2017 The City Record 15

Whereas, under Chapter 161 of the and, provided it receives the Bank, or any Community Development Codified Ordinances of Cleveland, affirmative vote of two-thirds of all Corporation, including any privately Ohio, 1976, the Cleveland Landmarks the members elected to Council, it owned corporation that does housing Commission (the “Commission”), has shall take effect and be in force rehabilitation in connection with a proposed to designate the Liberty H. immediately upon its passage and Community Development Corporation. Ware House as a landmark; and approval by the Mayor; otherwise it (b) “Commissioner” means the Whereas, a public hearing under shall take effect and be in force from Commissioner of the Division of the division (b)(2) of Section 161.04 was and after the earliest period allowed Environment of the City unless held on May 11, 2017 to discuss the by law. otherwise expressly specified. proposed designation of the Liberty H. Referred to Directors of City (c) “Child care facility” means each Ware House as a landmark; and Planning Commission, Law; area of any of the following in which Whereas, the Commission has Committee on Development Planning child care, as defined in RC section recommended designation of the and Sustainability. 5104.01, is provided to children under Liberty H. Ware House as a landmark six years of age: and has set forth certain findings of Ord. No. 990-17. (1) A child day-care center, type A fact constituting the basis for its By Council Member J. Johnson. family day-care home, or type B family decision; and An emergency ordinance to repeal day-care home as defined in RC Whereas, this ordinance constitutes Sections 240.01 through 240.09 and section 5104.01; an emergency measure providing for 240.99 and Section 365.07 of the (2) a preschool program or school the immediate preservation of the Codified Ordinances of the City of program as defined in RC section public peace, property, health, and Cleveland, 1976, as amended by 3301.52. safety in that the immediate various ordinances; and to supplement (d) “Department” means the City protection of the historic landmark is the codified ordinances by enacting Department of Public Health unless necessary to safeguard the special new Sections 240.01 through 240.13 and otherwise expressly specified. historical, community, or aesthetic 240.99 relating to lead hazards and (e) “Immediate Family” means an interest or value in the landmark; now, lead safe certificates. individual's spouse, child, parent, therefore Whereas, lead is a heavy-metal stepparent, grandparent, grandchild, Be it ordained by the Council of toxin that can cause irreversible brother, sister, parent-in-law, brother- the City of Cleveland: effects on human health, particularly in-law, sister-in-law, nephew, niece, Section 1. That the Liberty H. in young children who ingest the toxin aunt, uncle, first cousin, or the spouse Ware House whose street address in while their brains and bodies are still the City of Cleveland is 9400 Detroit or guardian of any of the individuals developing; and Avenue, Cuyahoga County Auditor’s described in this definition. Whereas, homes and buildings Permanent Parcel Number is 001-07- (f) “Lead abatement” means a constructed prior to 1978 are at risk of 022, and is also known as the fol- measure or a set of measures, having lead hazards in the paint and lowing described property: designed for the single purpose of dust; and Situated in the City of Cleveland, permanently eliminating lead Whereas, the majority of the County of Cuyahoga and State of Ohio hazards. “Lead abatement” includes housing stock in the City was built and known as being Sublot No. 2 in all of the following: B.C. and M.W. Byl’s Subdivision of prior to 1978; and (1) Removal of lead-based paint and part of Sublot No. 20 in the L.H. Ware’s Whereas, lead hazards are a lead- contaminated dust; Subdivision, as recorded in Volume 18 nuisance pursuant to Section 240.02 of (2) Permanent enclosure or of Maps, Page 2 of Cuyahoga County the Codified Ordinances of the City; encapsulation of lead-based paint; Records, and part of Sublot No. 1 in the and (3) Replacement of surfaces or Jackson Subdivision as recorded in Whereas, the uncontrolled lead fixtures painted with lead-based paint; Volume 16 of Maps, Page 5 of hazards in the City’s housing stock are (4) Removal or permanent covering Cuyahoga County Records of part of injuring the City’s children; and of lead- contaminated soil; Original Brooklyn Township Lot No. Whereas, this ordinance constitutes (5) Preparation, cleanup, and 12, as shown by the recorded plat in an emergency measure for the disposal activities associated with Volume 188 of Maps, Page 34 of immediate preservation of the public lead abatement. Cuyahoga County Records, and peace, property, health, safety, or “Lead abatement” does not include: bounded and described as follows: welfare in that the City must take (1) Preventive treatments Beginning at the Southeasterly proactive measures to make homes, performed under RC 3742.41; corner of said Sublot No. 2; child care facilities and schools lead (2) Implementation of interim Thence Westerly along the safe to prevent children becoming controls; Northerly line of Detroit Avenue, 69.80 poisoned; now, therefore, (3) Activities performed by a feet to the Southwesterly corner of Be it ordained by the Council of property owner on a residential unit to Sublot No. 2; the City of Cleveland: which both of the following apply: Thence North 5 degrees 12' West, Section 1. That the following sec- A. It is a freestanding single-family 101.28 feet to a point in the Southerly tions of the Codified Ordinances of home used as the property owner’s line of Sublot No. 1 in said Subdivision; Cleveland, Ohio, 1976: private residence; Thence Easterly along the Section 240.01, as amended by B. No child under six (6) years of Southerly line of said Sublot No. 1, Ordinance No. 1233-15, passed age who has had lead poisoning 17.99 feet to the Southeasterly corner November 9, 2015, resides in the unit. of said Sublot No. 1; Sections 240.02, 240.03, 240.04, 240.05, (4) Renovation, remodeling, Thence Northerly along the 240.07 and 240.09, as amended by landscaping or other activities, when Easterly line of said Sublot No. 1 and Ordinance No. 1027-04, passed August the activities are not designed to the extension Northerly thereof, 116.52 11, 2004, permanently eliminate lead-based feet to the Northwesterly corner of Sections 240.06, 240.08, and 240.99, as paint hazards, but, instead, are Sublot No. 2; amended by Ordinance No. 736-06, Thence Easterly 62.60 feet to the designed to repair, restore, or remodel passed August 9, 2006, and Northeasterly corner thereof; a given structure or dwelling, even Section 365.07, as amended by Thence Southerly along the though these activities may Ordinance No. 281-17, passed May 22, Easterly line of said Sublot No. 2, incidentally result in a reduction or 209.54 feet to the place of beginning, 2017 are repealed. elimination of lead-based paint be the same more or less, but subject Section 2. That the Codified hazards. This definition shall not be to all legal highways. Ordinances of Cleveland, Ohio, 1976 interpreted to exempt any person from Legal Description approved by Greg are supplemented by enacting new any requirement under State or Esber, Section Chief, Plats, Surveys Sections 240.01, 240.02, 240.03, 240.04, federal law regarding lead abatement, and House Numbering Section 240.05, 240.06, 240.07, 240.08, 240.09, including lead hazard control orders which in its entirety is a property 240.10, 240.11, 240.12, 240.13 and 240.99 or requirements for full abatement of having special character or special to read as follows: lead-based paint in certain federally- historical or aesthetic value as part of funded projects. the development, heritage, or cultural Section 240.01 Definitions (g) “Lead Free Certificate” means a characteristics of the City, State, or The definitions contained in RC certificate issued by the Department the United States, is designated a 3742.01, and OAC 3701-30-01 and 3701-32- of Building and Housing that landmark under Chapter 161 of the 01 shall be used in this chapter and indicates that a residential unit, child Codified Ordinances of Cleveland, supplemented as follows: care facility, or school has been Ohio, 1976. (a) “City-affiliated residential unit” certified as free of lead-based paint Section 2. That this ordinance is means a residential unit owned by the and lead-based paint hazards declared to be an emergency measure City, the Cuyahoga County Land pursuant to this chapter. 1445 16 The City Record August 23, 2017

(h) “Lead hazard” means the property. In such a case, the (f) No person shall perform lead presence of lead-based paint or lead- Commissioner may require the owner abatement, or any exterior power- contaminated dust or or manager of the property to assisted and/or manual lead-based lead- contaminated soil or lead- immediately control the nuisance or paint removal, on any target housing contaminated water pipes at levels the Commissioner may, by his or her located in the City without first described as hazardous in Ohio authorized representative, obtaining a permit from the Administrative Rule 3701-32-19 as that immediately control such nuisance. Commissioner of Licenses and rule exists at the time of passage of Assessments as described in Section this section or as it may be amended. Section 240.03 Prohibitions 240.05 of the Codified Ordinances. (i) “Lead safe” means that a (a) No person shall do any of the (g) No person shall sell or lease residential unit, child care facility or following: target housing in the City of school has either (1) undergone a (1) Violate any provision of RC Cleveland unless the owner, lessor, Lead Risk Assessment pursuant to 3742.02 or the rules adopted under it; and agent of the target housing meets division (b) (1) of section 240.08 where (2) Apply or cause to be applied any all applicable requirements of Section the lead risk assessor found no lead lead-based paint on or inside a 240.06 of the Codified Ordinances hazards on the property; (2) residential unit, child day- care regarding disclosures of lead hazards. undergone the recommended non- facility, or school, unless the Ohio (h) No person renovating target abatement or abatement options in public health council has determined housing in the City of Cleveland shall response to lead hazards and received by rule under RC 3742.50 that no fail to comply with the Pre- a passing clearance exam pursuant to suitable substitute exists; Renovation Lead Information Rule in division (b)(2) of section 240.08; or (3) (3) Interfere with an investigation Section 240.07 of the Codified received a passing clearance exam conducted by the Commissioner, any Ordinances. pursuant to division (c)(1) of section person delegated by the (i) No owner or manager of a retail or wholesale outlet of paint and paint- 240.08. Commissioner, any lead inspector or removal products shall violate (j) “Lead Safe Certificate” means a risk assessor. division (b) of Section 240.07 by certificate issued by the Department (b) No person shall knowingly failing to provide an EPA-approved of Building and Housing that authorize or employ an individual to Lead Hazard Information Pamphlet or indicates that a residential unit, child perform lead abatement on a Fact Sheet. care facility, or school has been residential unit, child day-care (j) All power-assisted methods of certified as lead safe pursuant to this facility, or school unless the chapter. lead-based paint removal are hereby individual who will perform the lead prohibited, unless the method is such (k) “Owner-occupied residential abatement holds a valid license issued unit” means a residential unit that all dust and debris is immediately under RC 3742.05. captured within a closed container occupied by the owner and/or (c) No person shall do any of the members of the owner’s immediate which prevents lead- contaminated following when a residential unit, debris from escaping into the family. child day-care facility, or school is (l) “Rental agreement” has the environment. No lead-based paint involved: removal shall be conducted whereby meaning described in division (c) of (1) Perform a lead inspection section 375.01 of the Codified the method of collection of dust and without a valid lead inspector license Ordinances. debris is captured solely by ground issued under RC 3742.05; (m) “Residential rental unit” means tarpaulins, draped scaffolding and (2) Perform a lead risk assessment a residential unit including attached other types of barriers after the dust or provide professional advice structures such as porches or stoops, and debris has been released into the regarding lead abatement without a occupied by any person or persons environment. Open flame burning is valid lead risk assessor license issued other than the owner and/or members prohibited under any circumstances. under RC 3742.05; of the owner’s immediate family Persons performing interim controls (3) Act as a lead abatement regardless of whether or not the owner shall comply division (c)(8) of Section occupies another unit in the structure. contractor without a valid lead 240.03 of these Codified Ordinances. (n) “Residential unit” means a abatement contractor’s license issued (k) No power-assisted lead-based dwelling or any part of a building under RC 3742.05; paint removal shall be performed, being used as an individual's private (4) Act as a lead abatement project unless: residence, as defined in RC 3742.01. designer without a valid lead (1) The area from which the lead- (o) “School” means a public or abatement project designer license based paint is to be removed is first nonpublic school in which children issued under RC 3742.05; shielded with tarpaulins or other under six years of age receive (5) Perform lead abatement without screening to prevent vapor, water, education. a valid lead abatement worker license dust and debris from escaping into the (p) “Target housing” means any issued under RC 3742.05; environment; and housing constructed prior to 1978, (6) Perform a clearance (2) Plastic disposable cloths are except housing for the elderly or examination without a valid clearance first spread at least ten (10) feet from persons with disabilities (unless any technician license issued under RC the foundation below the surface upon child who is less than six (6) years of 3742.05, unless the person holds a valid which the lead-based paint removal is age resides or is expected to reside in lead inspector license or valid lead being performed and on sides adjacent such housing) or any zero (0) bedroom risk assessor license issued under that to said surface. The drop cloths shall dwelling. section; be attached, when possible, to the (q) “Tenant” has the meaning (7) Perform lead training for the foundation of the residential structure described in division (e) of section licensing purposes of this chapter in order to collect any debris and 375.01 of the Codified Ordinances. without a valid approval from the residue; and (r) “Zero (0) bedroom dwelling” director of health under RC 3742.08; (3) All vents, windows and other means any residential dwelling in (8) Perform interim controls areas through which air may enter the which the living area is not separated without complying with 24 C.F.R. Part residential structure upon which the from the sleeping area. The term 35. lead-based paint is being removed, includes efficiencies, studio (d) No person shall manufacture shall be closed to prevent infiltration apartments, dormitory housing, children’s toys or children’s furniture of any dust or debris. military barracks, and rentals of that has paint containing lead equal to (l) No manual exterior lead-based individual rooms in residential or in excess of one (1.0) mg/cm2 paint removal shall be performed dwellings. (milligram per square centimeter), unless plastic disposable cloths are one-half of one percent (0.5%) by first spread at least ten (10) feet from Section 240.02 Lead Hazards Are A weight, or five thousand (5,000) parts the foundation below the surface upon Nuisance per million (ppm) by weight. which the lead-based paint removal is (a) This Council finds that lead (e) No person shall sell or hold for being performed and on sides adjacent hazards constitute a nuisance. sale a children’s toy or children’s to said surface. The drop cloths shall (b) The Commissioner may furniture that has paint containing be attached, when possible, to the determine that a nuisance is required lead equal to or in excess of one (1.0) foundation of the residential structure to be immediately controlled under mg/cm2 (milligram per square in order to collect any debris and this section if, in the Commissioner’s centimeter), one-half of one percent residue. opinion, failure to immediately control (0.5%) by weight, or five thousand (m) No interior lead-based paint the hazard may cause a serious risk to (5,000) parts per million (ppm) by removal shall be performed without the health of the occupants of the weight. first spreading plastic disposable drop 1446 August 23, 2017 The City Record 17 cloths on the floor in an area performs, or performs with the revoke any permit issued under this sufficiently large to collect all debris assistance of only members of his or chapter, upon the recommendation and residue. her family or household, only manual and order of the Commissioner, for (n) Following the completion of exterior lead- based paint removal on violation or failure to comply with the each day’s lead- based paint removal: the structure on the property; (3) no provisions of this chapter, or the Ohio (1) All drop cloths shall be carefully child under six (6) years of age who Revised Code. wet wiped, rolled up and disposed of; has lead poisoning resides in the (2) Any person may appeal the and structure. denial, suspension or revocation of a (2) All paint or paint dust shall be (c) The commissioners and permit for the removal of lead-based removed from the premises, adjacent inspectors of the Division of paint to the Board of Zoning Appeals, property and public rights of way, and Environment and Department of established under Charter Section 76- whenever possible, through the use of Building and Housing are authorized 6, provided that written appeal is filed wet methods. to issue an order to immediately stop with the Board Secretary within ten Section 240.04 Secondary Prevention working to any person performing (10) days of the date the decision (a) When the Commissioner work that requires a permit that has being appealed was made. becomes aware that an individual not obtained a permit or to any person (3) If a person appeals in under six (6) years of age has lead performing work in violation of any accordance with subsection (2), the poisoning, the Commissioner is prohibition in RC Chapter 3742 or this Board shall conduct a hearing and authorized to conduct an investigation chapter of the Codified Ordinances. render a decision in accordance with or lead risk assessment in accordance (d) A person shall immediately stop City ordinances and regulations with the requirements of OAC Chapter performing lead hazard abatement or described in this chapter and those 3701. reduction activities when ordered to governing its conduct and procedure. (b) In conducting the investigation, do so under subsection (c). A person (g) For work requiring a permit the Commissioner may request shall not resume such activities except under this chapter, each permittee permission to enter, or for a lead in accordance with all terms and shall provide seven (7) days advance inspector or risk assessor to enter, the conditions of a valid permit for paint written notice to all occupants of residential unit, child day-care removal and until their practices residential structures on which lead- facility, or school that the conform to all applicable standards based paint is to be removed, and to all Commissioner suspects to be the and methods prescribed in RC Chapter occupants of residential structures sources of the lead poisoning. If the 3742. which are within thirty (30) feet of the Commissioner or delegated lead (e) Permit Application; Fees. residential structure on which the inspector or risk assessor is unable to (1) Every person who is required to lead-based paint is to be removed. The obtain permission to enter the obtain a permit under this section notice shall be as prescribed by the property, either may apply for an shall make application to the Commissioner and shall include, at a order of court to enter the property. Commissioner of Assessments and minimum, the address at which the (c) As part of the investigation, the Licenses upon forms to be prescribed lead- based paint will be removed, the Commissioner may review the records by the Commissioner of Environment. date of commencement of the lead- and reports, if any, maintained by a The forms shall include: based paint removal, the anticipated lead inspector, lead abatement A. The name and address of each length of the removal, and the method contractor, lead risk assessor, lead applicant, and if the applicant is a by which the lead-based paint will be abatement project designer, lead partnership, the principle address of removed. The notice shall include a abatement worker, or clearance the partnership, and the name and copy of the Lead-Based Paint Hazards technician. address of each partner, and if the Health and Safety Fact Sheet as (d) When the Commissioner applicant is a corporation, the prescribed by the Commissioner. determines, as a result of an principle address of the corporation, (h) All contractors, on the signing investigation and/or risk assessment the state of incorporation, the of a contract for the removal of lead- conducted under division (a) of this corporate federal identification based paint from a residential section, that a residential unit, child number and the name and address of structure shall provide, with the day-care facility, or school are the corporation’s statutory agent; contract, a Lead-Based Paint Hazards contributing to a child’s lead B. The address of the residential Health and Safety Fact Sheet. poisoning, the Commissioner is unit where the lead-hazard will be (i) Owners of occupied residential authorized to issue an order, in removed; structures and/or contractors accordance with OAC Chapter 3701, to C. A description of the method by planning any construction, repair, have each lead hazard controlled. which the lead-hazard will be rehabilitation, renovation, or (e) No person shall fail to comply removed; maintenance work that involves the with an order issued by the D. Any other information required disturbance of lead-based paint in any Commissioner under division (d). by the Commissioner. occupied residential structure shall, E. An applicant may file a single seven (7) days prior to the work’s Section 240.05 Lead Abatement and permit application for more than one initiation, distribute the Lead-Based Lead-Paint Removal Permit Required; (1) residential unit if the application Paint Hazards Health and Safety Fact Application; Fees; Permit Suspension contains all of the information Sheet to all affected occupants. or Revocation required by division (e)(1) of this (j) The notice required under this (a) The Commissioner of section with respect to each separate section does not relieve any person Environment is authorized to residential unit. from compliance with any other notice establish a program for the loaning of F. The permit fee is fifteen dollars requirements under State or federal equipment, at no cost, for the removal ($15.00) for each separate residential law, including when notice is required of lead hazards in the City of structure from which lead- in a hazard control order. Cleveland and is authorized to enter contaminated paint is to be removed. into contracts, as approved by the G. Upon receipt of a completed Section 240.06 Disclosures In Sale or Director of Law, for the purpose of application and permit fee, the Lease of Target Housing Regarding loaning the equipment. Commissioner of Assessments and Lead Hazards (b) No person shall perform any Licenses shall issue the permit and a (a) Disclosure in Purchase or Lease lead hazard abatement or any exterior copy of the application and permit of Target Housing. power-assisted and/or manual lead- shall be provided to the Commissioner (1) To ensure the application of based paint removal on target housing of the Environment. their requirements to the sale or lease located in the City without first H. A permit, issued under this of target housing in the City limits, obtaining a permit from the section, shall expire six (6) months the rules and regulations that are Commissioner of Assessments and from the date that it is issued. An promulgated by the Secretary and the Licenses. For purposes of section, applicant may apply for an extension Administrator of the Environmental ‘target housing’ includes all secondary that may be granted. Protection Agency under the or appurtenant structures that were (2) The Commissioner of Licenses Residential Lead-Based Paint Hazard constructed prior to 1978 and are on and Assessments shall notify the Reduction Act of 1992, 42 U.S.C. 4852d, the parcel upon which the target Director of Building and Housing of and their successor regulations, are housing is located. A permit is not any permits issued under this section. adopted and incorporated into this required under this section if all of the (f) Permit Suspension or code as these rules and regulations following apply: (1) the person uses Revocation. exist at the time of passage of this the target housing as their personal (1) The Commissioner of Licenses chapter or as they may be amended. residence; (2) the person personally and Assessments shall suspend or Before a purchaser or tenant is 1447 18 The City Record August 23, 2017 obligated under any contract to (b) Penalties for Violations. the original construction was purchase or rental agreement to lease (1) Criminal Penalty. Any person completed prior to January 1, 1978, the target housing, the seller or lessor who knowingly fails to comply with a shall be presumed to be lead-based. shall perform the activities and provision of this section shall be This presumption may be rebutted and provide the disclosures described in subject to the penalties provided in recorded by doing the following: this section. Section 240.99 of the Codified (1) Obtain a certification from a A. Provide the purchaser or tenant Ordinances. lead-based paint inspector or risk with an EPA-approved lead hazard (2) The Director of Public Health or assessor that the property has been information pamphlet; Commissioner is authorized to take determined through a lead-based paint B. Disclose to the purchaser in lawful action as may be necessary to inspection conducted in accordance writing in the sales contract, or enforce this section or to enjoin any with the federal regulations at 40 CFR tenant, both orally and in writing in violation of it. 745.227(b) not to contain lead-based the rental agreement, all of the (3) Civil Liability. As provided in paint. following: (i) the presence of any the Federal Residential Hazard (2) Apply for the Lead Safe known lead-based paint, or any known Reduction Act at 42 U.S.C. 4852d(b), Certificate pursuant to division (d) of lead hazards, in the housing; (ii) any any person who violates any provision this section, except: additional information available of this section will be jointly and A. Present the certification obtained concerning the location of the lead- severally liable to the purchaser or that the property is lead-based paint based paint and/or lead hazards, and lessee in an amount equal to three (3) free to Building and Housing; the condition of the painted services; times the amount of damages incurred B. Request the Lead Free (iii) whether the property owner has a by the individual. Certificate. current Lead Maintenance Certificate (4) In any action brought for (3) Upon application for the Lead or Lead- Based Paint Free Certificate damages under this section, the Free Certification, the Director of and the length of time of its coverage; appropriate court may award court Building and Housing shall issue a (iv) provide to the purchaser or tenant costs to the party commencing the Lead Free Certificate, containing all any records or reports (including action, together with reasonable of the information required in division notices or letters of violation) attorney fees and any expert witness (e) of this section, except indicating available pertaining to lead-based fees, if that party prevails. the following: paint hazards or lead hazards in the (5) A non-profit environmental A. The certification of lead free; and target housing, including regarding health or housing rights organization B. The date of expiration. The date common areas; and (v) records or is authorized to bring an action under of expiration shall be twenty years reports regarding other residential division (b)(3) of this section on from the date of certification of lead- dwellings in multi-family target behalf of an aggrieved individual or based paint. housing, provided that the individual(s) for violations of this (b) Initial Certificate information is part of an evaluation or section. Such organization may Requirements. To obtain the initial reduction of lead-based paint and/or recover its costs under the remedies Lead Safe Certificate for any lead hazards in the target housing; provided in divisions (b)(3) and residential unit, child care facility, or C. Permit the purchaser a ten (10) (b)(4) of this section if the school, the owner or manager shall do day period (unless the parties organization demonstrates that it has the following: mutually agree in writing upon a exerted organizational resources, (1) Have a lead risk assessor different period of time or to waive including staff time, to investigate the certified pursuant to OAC 3701-32-07 this requirement) to conduct a lead alleged non-compliance with this conduct a lead risk assessment as risk assessment or lead inspection for section. described in OAC 3701-32-07(G), except the presence of lead paint or lead (c) Validity of contracts for that hazards; purchase and sale and liens. Nothing A. The lead risk assessor does not D. Include in the contract for sale or in this section may affect the validity need to complete a questionnaire as rental agreement for lease the Lead or enforceability of any sale or required by OAC 3701-32-07(G)(1); Warning Statement prescribed in 40 contract for the purchase and sale or B. The lead risk assessor may C.F.R. 745.113; lease of any interest in residential real presume that deteriorated paint is a E. Include in the contract for sale or property or any loan, loan agreement, lead hazard, in place of the testing rental agreement for lease mortgage, or lien made or arising in requirements of OAC 3701-32-07(G)(4); acknowledgments that the pamphlet, connection with a mortgage loan, nor C. The lead risk assessor may disclosures, ten (10) day period (if may anything in this section create a presume that bare soil is a lead required) and warning required were defect in title. hazard, in place of the testing provided. requirements of OAC 3701-32-07(G)(8); (2) Discovery of Lead Hazard Prior Section 240.07 Pre-Renovation Lead D. If the lead risk assessor identifies to the Expiration of a Lease. If the Information Rule; Paint Outlet a lead hazard in section OAC 3701-32- owner of a residential unit learns of Information Rule 07(G)(10)(n) of the report, the report the presence of lead paint prior to the (a) To ensure the application of the must prominently state on the first expiration of a lease, the owner shall requirement of the federal Pre- page that the residential unit, child notify each tenant of the presence of Renovation Lead Information Rule to care facility, or school is “not lead lead paint within ten (10) days of the renovation of pre-1978 housing in safe.” If the lead risk assessor does not discovering its presence. In addition, the City limits, the rules and identify any lead hazards in section the owner shall provide each tenant regulations promulgated under that OAC 3701-32-07(G)(10)(n) of the with a Lead Warning Statement and rule and found at 40 C.F.R. Part 745, report, the report must prominently the lead hazard information pamphlet, Lead; Requirements for Hazard state on the first page that the as prescribed by 42 U.S.C. 4852d. Education Before Renovation of residential unit, child care facility, or (3) Compliance Assurance. The Target Housing, are adopted and school is “lead safe.” rules and regulations requiring the incorporated into this Health Code as (2) If the lead risk assessor’s report agent, on behalf of the seller or lessor, they exist at the time of passage of identifies lead hazards, have a to assure compliance with the this chapter or as they may be properly certified individual perform requirements issued under the amended. the abatement or non-abatement Residential Lead-Based Paint Hazard (b) All retail and wholesale outlets options for each identified lead hazard Reduction Act of 1992, 42 U.S.C. 4852d, of paint and paint removal products in the lead risk assessor’s report, and and their successor regulations, are shall distribute an EPA- approved lead obtain a passing clearance exam as adopted and incorporated into this hazard information pamphlet or Lead- outlined in OAC 3701-32-08 through code as these rules and regulations Based Paint Hazards Health and OAC 3701-32-13. exist at the time of passage of this Safety Fact Sheet approved by the (3) Apply for the Lead Safe chapter or as they may be amended, City of Cleveland Department of Certificate pursuant to division (d) of and apply to an agent whenever a Public Health to each purchaser of this section. seller or lessor has entered into a said products. (c) Later Certificate Requirements. contract with the agent for the To obtain a Lead Safe Certificate after purpose of selling or leasing a unit of Section 240.08 Lead Safe Certificate the initial Lead Safe Certificate, the target housing in the City limit. An (a) Presumption of Lead-based owner shall: agent is defined as any party who Paint. For the purposes of this (1) Have a lead clearance enters into a contract with a seller or chapter, all paint on the interior or technician, lead inspector or lead risk lessor, for the purpose of selling or exterior of any residential building, assessor perform a lead clearance leasing pre-1978 housing. child care facility, or school on which exam pursuant to OAC 3701-32-12. 1448 August 23, 2017 The City Record 19

(2) If the residential unit, child care facility, or school. Failure to maintain the owner to manage or maintain the facility, or school fails the lead compliance will result in the owner’s real property on the owner’s clearance exam, the owner must revocation of the Lead Safe Certificate behalf; obtain a Lead Safe Certificate by by the Director of Building and (5) The assessor or technician is not following the steps of division (b) of Housing. a person who has a financial interest this section as though it were the (g) Compliance Monitoring. All in the laboratory results of the initial Lead Safe Certificate. residential rental properties, child sampling or testing or in the (d) Application for the Lead Safe care facilities and schools may be determination of whether the Certificate. The owner or manager of subject to inspection for the purpose of residential unit, child care facility, or the residential unit, child care facility, determining compliance with the school meets the applicable standards. or school shall file an application for provisions of this Code and all other a Lead Safe Certificate with the applicable laws, ordinances, rules and Section 240.09 Lead Safe Registry Department of Building and Housing. regulations. Inspections may be The Department of Building and The application for a Lead Safe conducted on a random basis or based Housing shall create an electronic Certificate shall contain the following on a reasonable suspicion that the lead Lead Safe Registry, which shall information: safe certification was not completed in provide information regarding the (1) The street address or other compliance with the provision of this residential units, child care facilities, identifying characteristics of the Code. and schools that have complied with building or other structure; (h) Legal Presumption. The Lead the provisions of this Code and have (2) The name, address, and Safe Certificate entitles the owner, obtained a Lead Safe Certificate as telephone number of the owner or manager, or agent of the residential well as those residential units, child owners of the premises. In the case of unit, child care facility, or school to a care facilities, and schools that have a partnership, the names, addresses legal presumption that the residential not. This information shall be made and telephone numbers of all general unit, child care facility, or school is not available to the public. partners. In the case of a corporation, the source of the lead poisoning of an the names, addresses and telephone individual who resides in the unit or Section 240.10 Mandatory numbers of the current statutory receives child-care or education at the Certificates and Fine Schedule agent and all corporate officers of that facility or school. The owner of the (a) Certificate Obligations. The corporation; residential unit, child care facility, or obligations of owners or managers to (3) A copy of the lead risk school shall comply with the obtain Lead Safe Certificates are as assessment report or the clearance provisions of this section applicable to follows: examination demonstrating that the obtaining a Lead Safe Certificate to be (1) Residential Rental Units. The residential unit, child care facility, or entitled to that presumption. The legal owner or manager of any residential school is lead safe. presumption established under this rental unit with any portion built prior (e) Lead Safe Certificate Issuance. section applies to any enforcement to 1978 in the City shall obtain a Lead Upon registration of the application action under this Code and is Safe Certificate. for the Lead Safe Certificate, the rebuttable in a court of law only on a (2) Child Care Facilities. The owner Director of Building and Housing showing of clear and convincing or manager of any child care facility shall issue a Lead Safe Certificate evidence to the contrary. with any portion built prior to 1978 in containing the following information: (i) Transfer of Certificate. When a the City shall obtain a Lead Safe (1) The street address or other person obtains both equitable title and Certificate. identifying characteristics of the legal possession of a residential unit, (3) Schools. Any school with any building or other structure; child care facility, or school covered portion built prior to 1978 in the City (2) The name, address, and by a Lead Safe Certificate, any shall obtain a Lead Safe Certificate. telephone number of the owner or certificate issued to the previous (4) Owner-Occupied Residential owners of the premises. In the case of owner is no longer in effect unless the Units. The owner of any owner- a partnership, the names, addresses following requirements are met: occupied residential unit built prior to and telephone numbers of all general (1) The new owner submits a signed 1978 may obtain a Lead Safe partners. In the case of a corporation, and dated written notice of the change Certificate. the names, addresses and telephone in ownership of the residential unit, (5) City-Affiliated Residential Unit. numbers of the current statutory child care facility, or school to the The owner of any city-affiliated agent and all corporate officers of that Department of Building and Housing residential unit built prior to 1978 corporation; within sixty (60) days after the date shall obtain a Lead Safe Certificate. (3) The certification of lead safe on which the new owner obtains both (b) Deadlines for Compliance with status. equitable title and legal possession of the Lead Safe Certificate. All (4) The date of certification of lead the residential unit, child care facility, structures built prior to 1978 that are safe status. The date of certification of or school covered by the certificate. in use as a residential rental unit, lead safe status shall be the date on The owner’s name and mailing child care facility or school as of which the lead risk assessment report address shall be provided in the notice; September 30, 2017 shall obtain a Lead or the clearance examination was (2) The new owner complies with Safe Certificate by September 30, 2018. conducted. the conditions for maintaining the The owner of any city-affiliated (5) The date of expiration of the certificate under this chapter. residential unit shall obtain a Lead certification of lead safe status. The (j) Conflict of Interest. A Lead Safe Safe Certificate prior to selling the date of expiration of the lead safe Certificate is not valid unless the lead residential unit to a person for status shall be two years from the date risk assessor, lead risk investigator or residential use for any sale taking of the certification of lead safe status. clearance technician certifying that place after September 30, 2018. Copies of all applications and Lead the residential unit, child care facility, (c) Fines for Failure to Obtain a Safe Certificates shall be kept on file or school that is certified meets the Lead Safe Certificate. by the Director of Building and following criteria: (1) Owners of residential rental Housing as a public record, except (1) The assessor or technician is not units, child care facilities, schools and those portions that are prohibited from the owner or manager or an immediate owner-occupied residential units in being released by state or federal law. family member, agent or employee of violation of division (a) (1)–(5) of this (f) Effectiveness Period. the owner or manager; section shall be subject to a fifty (1) A Lead Safe Certificate shall be (2) The assessor or technician is not dollar ($50.00) per day administrative valid for two years from the date of part of a company or associated with fine per residential rental unit, child issuance except as provided for in a company that is directly or care facility or school with a division (f)(2) of this section. beneficially owned, controlled or maximum penalty of ten thousand (2) To maintain the Lead Safe managed by the owner or manager, or dollars ($10,000) per year per Certificate, a seller, lessor, or agent of by an immediate family member, residential rental unit, child care a residential unit, child care facility, agent or employee of the owner or facility or school. Fines shall be or school that is being sold or leased, manager; assessed according to the following shall continue to meet the disclosure (3) The assessor or technician is not schedule: requirements of section 240.06 and, as a person hired by or under contract A. The owner of any residential part of that section’s disclosure with the owner to manage or maintain rental unit, child care facility or requirements in divisions (a)(1), the owner’s real property as directed school built in 1950 or earlier that is in (b)(2), (b)(3) and (b)(5) of section by the owner; use as a residential rental unit, child 240.06, disclose whether a certificate (4) The assessor or technician is not care facility or school as of September covers the residential unit, child care a person who has been authorized by 30, 2017 shall be fined starting October 1449 20 The City Record August 23, 2017

1, 2018 if the owner or manager fails to rental units that fail to comply with They may also apply any and all obtain a Lead Safe Certificate by provisions of this chapter and chapter remedies found in chapter 203 to September 30, 2018. 367 in regard to lead hazards and the prevent, terminate or abate the B. The owner of any residential number of people displaced based on nuisance. rental unit, child care facility or lead hazard control orders pursuant to (c) In addition to any penalty for a school built between 1951 and January RC Chapter 3742. The Lead Advisory violation of this chapter, the 1, 1978 that is in use as a residential Board shall also research and report to Commissioner of Environment or rental unit, child care facility or the Mayor regarding other potential Director of Building and Housing or school as of September 30, 2018 shall be lead hazards in the city, including any authorized officer or employee fined starting October 1, 2019 if the lead dust contamination in vacant lots they delegate may control such owner or manager fails to obtain a or public parks and lead hazards in nuisance. The costs and expense of Lead Safe Certificate by September 30, water pipes. The Mayor shall appoint controlling a nuisance by the 2019. the members of the Board, half of Commissioner, or their authorized C. Subject to the fine schedule in whom must work at organizations or representative, under this chapter, division (c)(1)(A)–(B) of this section, public entities which advocate for may be recovered as provided in RC the owner of any residential rental public health, civil rights, racial section 715.261, including certifying unit, child care facility or school built justice or youth achievement and half the costs and expenses to the County prior to 1978 that begins to be used as of whom must be residents of the City. Auditor, to be assessed against the a residential rental unit, child care (b) Evaluation of the Lead Safe property and made a lien upon it and facility or school after September 30, Cleveland Program. The City shall collected as other taxes. 2017 shall be fined starting ninety (90) hire an independent, academic based (d) The authority described in days after the residential rental unit, organization to evaluate the Lead Safe division (c) to control such nuisance, child care facility or school begins to Cleveland program at the end of one includes the authority to order the be used as a residential rental unit, year, three years and five years. owner or manager to relocate the child care facility or school. (c) Public Education. The City shall occupants of a residential unit, child (2) The Director of Building and partner with local organizations to care facility, or school, until the property passes a clearance Housing may waive the fine for any educate the public around the hazards examination, if the Commissioner of owner or manager of any residential of lead poisoning and raise awareness Environment determines that the rental unit, child care facility or of the opportunity for homeowners to health of the occupants may be at risk school who demonstrates that the obtain a Lead Safe Certificate. The during the lead hazard control work. residential rental unit, child care City shall document the education The Commissioner of Environment facility or school is on the wait list for efforts of all relevant departments and may relocate the occupants until the a lead risk assessment. Written notice produce a report at the end of one year, residential unit, child care facility, or of an expected examination date from three years, and five years. school passes a clearance a certified lead risk assessor who examination. The costs and expense of operates in Cuyahoga County will be Section 240.12 Lead Assessment & the relocation may be recovered by sufficient evidence of being on a wait Remediation Fund certifying them to the County Auditor, list. The Director of Building and There is hereby established a to be assessed against the property Housing may otherwise determine the special revenue fund entitled Lead and made a lien upon it and collected acceptable evidence of being on a wait Assessment and Remediation Fund to as other taxes. list. Upon receipt of evidence of support property owners seeking (e) In the event of an actual or placement on a wait list for a lead risk financial assistance for the lead threatened violation of this chapter or assessment, the Director of Building assessment and remediation process. an emergency situation, the Director and Housing may grant an extension In this fund shall be placed monies of Law, in addition to other remedies based on the estimated date by which from gifts, grants and other funding provided by law, may institute a the lead risk assessment will be from any government, non-profit or proper suit in equity or at law to conducted. private entity appropriated for the prevent or terminate the violation or (d) The City is enacting and purpose of lead assessment and remedy the situation. enforcing the provisions of this remediation under the provisions of (f) In the event of any actual or chapter only to promote the public this chapter. The funds shall be threatened violations of this chapter, health, safety and welfare and for granted to homeowners to cover the the Director of Law, in addition to obligations imposed upon it by the full cost of lead assessment and other remedies provided by law, may State of Ohio under delegation by the remediation, or to landlords and institute proper suit in equity or by Ohio Department of Health. It is not owners of day care centers or schools law to prevent or terminate such assuming, nor is it imposing on its to cover a portion of the cost of lead violation or to remedy such situation. officers and employees, an obligation assessment and remediation. The (g) In addition to all other penalties for breach of which it is liable in Director of Community Development and remedies provided by law, any money damages to any person who shall administer the fund under rules person damaged by a nuisance caused claims that the breach proximately and regulations written by that by a violation of this chapter may caused injury. In addition, nothing in Director. institute a proper action in equity or this chapter may be interpreted to by law to prevent or terminate such limit the City’s statutory immunity Section 240.13 Enforcement violation or remedy such situation. afforded by RC chapter 2744. (a) Whenever the Commissioner of (h) The City is enacting and (e) It shall be a violation of this Environment or Director of Building enforcing the provisions of this chapter to retaliate against a potential and Housing or any authorized City chapter only to promote the general purchaser or lessee for requesting that officer or employee ascertains either welfare. It is not assuming, nor is it the owner of a residential unit, child upon information or by observation or imposing on its officers and care facility, or school obtain a Lead lead inspection, that any provision of employees, an obligation for breach of Safe Certificate. this chapter is being or has been which it is liable in money damages to violated, that official may, in writing, any person who claims that such Section 240.11 Lead Advisory Board notify the owner, manager, or person breach proximately caused injury. and Evaluation in charge that the violation shall be (a) Creation of a Lead Advisory corrected. Section 240.99 Penalties Board. The City shall create a Lead (b) In addition to the penalty for a (a) Whoever violates division (f) of Advisory Board to monitor the violation of this chapter, whenever the Section 240.03 is guilty of a minor implementation of this chapter. The Commissioner of Environment or misdemeanor. Lead Advisory Board shall receive Director of Building and Housing or (b) Whoever violates any provision reports on a quarterly basis regarding any authorized City officer or of Chapter 240 for which no other the implementation of this chapter employee ascertains either upon penalty is provided or rule or and lead inspections which are a part information or by observation or lead regulation or order under this chapter of section 365.04 including the number inspection, that the provisions of this is guilty of a misdemeanor of the first of properties that submitted Lead Safe chapter are being or have been degree. Except for a violation of Certificates, the number of lead violated, and the violation creates a division (f) of Section 240.03, each day inspections done under section 365.04, nuisance, which may endanger the during which noncompliance or a the number of lead hazard citations health and/or safety of persons, that violation continues shall constitute a given by the Department of Building official may, in writing, notify the separate offense. and Housing, compliance actions owner or person in charge, that the (c) As provided by RC 2901.23 and taken against owners of residential nuisance shall be immediately abated. 2929.31, organizations convicted of an 1450 August 23, 2017 The City Record 21 offense are guilty of a misdemeanor of Ord. No. 994-17. City employees, for a period of one the first degree. By Council Members Keane and year, with a one-year option to Section 3. That this ordinance is Kelley (by departmental request). renew, exercisable by the Director declared to be an emergency measure An emergency ordinance of Finance. and, provided it receives the authorizing the Director of Port The selection of the consultants for affirmative vote of two-thirds of all Control to enter into one or more the services shall be made by the the members elected to Council, it contracts with Engineered Arresting Board of Control on the nomination of shall take effect and be in force Systems Corp. dba Zodiac Arresting the Director of Finance from a list of immediately upon its passage and Systems Corp. for professional qualified consultants available for approval by the Mayor; otherwise it services necessary to perform employment as may be determined shall take effect and be in force from inspections and minor repairs to the after a full and complete canvass by and after the earliest period allowed engineered arresting systems for the the Director of Finance for the by law. runways at Cleveland Hopkins purpose of compiling a list. The Referred to Directors of Public International Airport and Burke compensation to be paid for the Health, Building and Housing, Lakefront Airport. services shall be fixed by the Board of Finance, Law; Committees on Health Whereas, this ordinance constitutes Control. The contract or contracts and Human Services, Development an emergency measure providing for authorized shall be prepared by the Planning and Sustainability, Finance. the usual daily operation of a Director of Law, approved and municipal department; now, therefore, certified by the Director of Finance. Ord. No. 993-17. Be it ordained by the Council of Section 2. That the cost of contract By Council Members Brady, the City of Cleveland: or contracts authorized shall be paid Brancatelli and Kelley (by Section 1. That the Director of from any and all funds approved by departmental request). Port Control is authorized to enter the Director of Finance. An emergency ordinance into one or more contracts with Section 3. That this ordinance is authorizing the Director of Economic Engineered Arresting Systems Corp. declared to be an emergency measure Development to enter into a grant dba Zodiac Arresting Systems Corp. and, provided it receives the agreement with the Detroit Shoreway (“Zodiac”) for professional services affirmative vote of two-thirds of all Community Development necessary to perform inspections the members elected to Council, it Organization, or its designee, to and minor repairs to the engineered shall take effect and be in force provide economic development arresting systems for the runways immediately upon its passage and assistance to partially finance the at Cleveland Hopkins International approval by the Mayor; otherwise it redevelopment of the Variety Theatre. Airport and Burke Lakefront Air- shall take effect and be in force from Whereas, this ordinance constitutes port on the basis of its proposal and after the earliest period allowed an emergency measure providing for dated May 17, 2017, for the Depart- by law. the usual daily operation of a ment of Port Control. The contract Referred to Directors of Finance, municipal department; now, therefore, or contracts shall be paid from Fund Law; Committee on Finance. Be it ordained by the Council of Nos 60 SF 001, 60 SF 104, 60 SF 105, the City of Cleveland: 60 SF 106, 60 SF 126, 60 SF 141, and Ord. No. 998-17. Section 1. That the Director of from the fund or funds to which are By Council Member Griffin. Economic Development is autho- credited the proceeds of any grants An emergency ordinance to add the rized to enter into a grant agree- received or passenger facility name “Rev. Dr. A. Charles Bowie ment with the Detroit Shoreway charges, if authorized for this pur- Way” as a secondary and honorary Community Development Organiza- pose, Request No. RQS 3001, RL 2017- name to East 100th Street between tion, or its designee, to provide eco- 83. Euclid Avenue and Carnegie Avenue. nomic development assistance to Section 2. That this ordinance is Whereas, this ordinance constitutes partially finance the redevelopment declared to be an emergency measure an emergency measure providing for of the Variety Theatre. and, provided it receives the the usual daily operation of a Section 2. That the agreement and affirmative vote of two-thirds of all municipal department; now, therefore, other appropriate documents needed the members elected to Council, it Be it ordained by the Council of to complete the transaction authorized shall take effect and be in force the City of Cleveland: by this legislation shall be prepared immediately upon its passage and Section 1. That, notwithstanding by the Director of Law. approval by the Mayor; otherwise it and as an exception to the Codified Section 3. That the contract shall take effect and be in force from Ordinances of the City of Cleveland, 1976, the name “Rev. Dr. A. Charles authorized in this legislation will and after the earliest period allowed Bowie Way” shall be added as a sec- require the recipient of financial by law. assistance to work with, and/or cause ondary and honorary name to East Referred to Directors of Port their Tenants to work with, The 100th Street between Euclid Avenue Control, Finance, Law; Committees on Workforce Investment Board for and Carnegie Avenue. Transportation, Finance. Workforce Area No. 3 to identify and Section 2. That this ordinance is solicit qualified candidates for job hereby declared to be an emergency Ord. No. 995-17. opportunities related to the City’s measure and, provided it receives the By Council Member Kelley (by contracts, and place special emphasis affirmative vote of two-thirds of all departmental request). on the hard to employ, including but the members elected to Council, it An emergency ordinance not limited to the disabled and persons shall take effect and be in force authorizing the Director of Finance to who have been convicted of or have immediately upon its passage and pled guilty to a criminal offense, employ one or more professional approval by the Mayor; otherwise it unless the criminal conviction or consultants for the administration of shall take effect and be in force from circumstances relate to the duties for Family and Medical Leave Act and after the earliest period allowed the particular job sought. benefits for City employees, for a by law. Section 4. That the costs of the grant period of one year, with a one-year Referred to Director of Law; shall not exceed an amount of option to renew, exercisable by the Committee on Finance. $1,000,000 and shall be paid from Fund Director of Finance. Nos. 17 SF 652 and 17 SF 015, Request Whereas, this ordinance constitutes Ord. No. 1009-17. No. RQS 9501, RLA 2017-39. an emergency measure providing for By Council Members Brady and Section 5. That this ordinance is the usual daily operation of a Brancatelli. declared to be an emergency measure municipal department; now, therefore, An emergency ordinance to sup- and, provided it receives the Be it ordained by the Council of plement the Codified Ordinances of affirmative vote of two-thirds of all the City of Cleveland: Cleveland, Ohio, 1976 by enacting the members elected to Council, it Section 1. That the Director of new Section 347.19 and to amend shall take effect and be in force Finance is authorized to employ by Section 343.11 of the Codified Ordi- immediately upon its passage and contract or contracts one or more nances of Cleveland Ohio, 1976, as approval by the Mayor; otherwise it consultants or one or more firms of amended by Ordinance No. 1396-14, shall take effect and be in force from consultants for the purpose of sup- passed December 10, 2014 and Sec- and after the earliest period allowed plementing the regularly employed tion 345.02, as amended by Ordi- by law. staff of the several departments of nance No. 2215-96, passed April 7, Referred to Directors of Economic the City of Cleveland in order to pro- 1997, passed April 7, 1997, relating Development, Finance, Law; vide professional services necessary to state-licensed medical marijuana Committees on Development Planning for the administration of Family cultivators, processers, retail dis- and Sustainability; Finance. and Medical Leave Act benefits for pensaries, and testing laboratories. 1451 22 The City Record August 23, 2017

Whereas, this ordinance consti- organization as part of a research feet from any adjoining premises in a tutes an emergency measure provid- protocol approved by an institutional Residence District not used for a ing for the usual daily operation of review board or equivalent entity. similar purpose; cat and dog hospital a municipal department; now, there- (ORC Section 3796.30). or pet shop, provided noise and odors fore, (d) Separation. No state-licensed are effectively confined to the Be it ordained by the Council of cultivator, processor, or retail premises; the City of Cleveland: dispensary shall be established on a H. Business offices and services: in Section 1. That the Codified Ordi- lot or lots within one thousand (1,000) addition to the uses permitted in Local nances of the City of Cleveland, 1976 feet of a residence district. Retail Districts, office buildings, are supplemented by enacting new Section 2. That Section 343.11 of the banks, business colleges, private trade Section 347.19 to read as follows: Codified Ordinances of Cleveland, schools; Ohio, 1976, as amended by Ordinance I. Automotive services: in addition Section 347.19 State-licensed Medical No. 1396-14, passed December 8, 2014 to the uses permitted in Local Retail Marijuana Cultivators, Processors, and Section 345.02, as amended by Districts: Retail Dispensaries and Testing Ordinance No. 2215-96, passed April 7, 1. Motor vehicle service station, as Laboratories 1997 are amended to read as follows: defined in Section 325.486, and meeting (a) Purpose. This section regulates the provisions of Section 343.14; the location and separation of State- Section 343.11 General Retail 2. Car wash, as defined in Section licensed Medical Marijuana Business Districts 325.111, and meeting the provisions of Cultivators, Processors, Retail (a) “General retail business” means Section 343.14; Dispensaries, and Testing an enterprise for profit for the 3. Motor vehicle service garage, as Laboratories in order to protect the convenience and service of, and defined in Section 325.487, and meeting public health and safety and to protect dealing directly with, and accessible the provisions of Section 343.14; the character of residential areas.This to, the ultimate consumer; neither 4. Motor vehicle sales facility, as section complies with Ohio Revised injurious to adjacent premises or to defined in Section 325.485, except for Sections 3796.29 and 3796.30 and does the occupants thereof by reason of the vehicles exceeding six thousand not intend to impair the use of state- emission of cinders, dust, fumes, noise, (6,000) pounds of gross vehicle licensed medical marijuana entities. odors, refuse matter, smoke, vapor or weight. (b) Definitions. As used in this vibrations; nor dangerous to life or J. House trailer or travel trailer section and Zoning Code, and defined property. It includes buildings or park, as defined in RC 3733.01, when in the Ohio Administrative Rules spaces necessary to a permitted use approved by the Board of Zoning 3696:1-1-01 (A): for making or storing articles to be Appeals after public hearing, and (1) “Cultivator” means an entity sold at retail on the premises. Except when used and maintained in that has been issued a certificate of as provided in division (b) of this conformity with any conditions operation by the Ohio Department of section, it does not include any specified in such approval; Commerce to grow, harvest, package, establishment which supplies a retail K. Signs: signs permitted in and transport medical marijuana as outlet other than that on the premises, accordance with the requirements of permitted under Chapter 3796 of the or any building or use specifically Chapter 350; Ohio Revised Code. mentioned as permitted only in a Semi- L. Amusement and recreation: (2) “Manufacture” means the Industry or Industry District. armory, assembly hall, bowling alley, process of converting harvested plant (b) Permitted Buildings and Uses. dance hall, video and pinball arcade, material into Marijuana extract by The following buildings and uses are pool and billiards theater, skating physical or chemical means for use as permitted in a General Retail rink or other social, sport or an ingredient in a medical marijuana Business District; and no buildings or recreational center operated as a product. premises shall hereafter be erected, business, all such uses subject to the (3) “Medical marijuana” means altered, used, arranged or designed to regulations of Section 347.12 and adult marijuana that is cultivated, be used, in whole or in part for other entertainment uses, subject to Section processed, dispensed, tested, than one (1) or more of the following 347.07, provided that the place or possessed, or used for a medical specified uses: building in which any such purpose. (1) Except as otherwise provided in amusement or recreation use is (4) “Medical marijuana entity” this Zoning Code, all uses permitted operated is sufficiently sound- means a licensed medical marijuana and as regulated in any Local Retail insulated to confine the noise to the cultivator, processor, dispensary or Business District; premises; testing laboratory. (2) All retail business uses and M. Transportation services: railroad (5) “Processor” means an entity that buildings specified in division (b) of station; public service station; bus has been issued a certificate of Section 343.01, and uses and buildings passenger station; bus terminal, operation by the Ohio Department of to provide for: provided the roadway of the street Commerce to manufacture medical A. The sale of food and beverages of upon which the bus entrance or exit is marijuana products. all kinds, including sale for located is at least forty-four (44) feet (6) “Retail Dispensary” means an consumption on the premises; wide between curbs; entity licensed pursuant to section B. The sale of general merchandise, N. Office, display or sales space of a 3796.04 and 3796.10 of the Revised Code including sale in department stores; wholesale, jobbing or distributing and any rules promulgated thereunder C. The sale of apparel of all kinds; establishment and specifically to sell medical marijuana to D. The sale of furniture and mentioned as permitted only in a less qualifying patients and caregivers. household goods, including furniture restricted district, in connection with (7)“Testing laboratory” means an and accessory furniture storage; which not more than twenty-five independent laboratory located in E. The sale of other goods or percent (25%) of the floor area of the Ohio that has been issued a certificate merchandise; building or part of the building of operation by the Ohio Department F. Eating places of all types; occupied by the establishment is used of Commerce to have custody and use G. Service establishments: service for making, assembling, remodeling, of controlled substances for scientific establishments permitted in a Local repairing, altering, finishing or and medical purposes and for Retail Business District without refinishing its products or purposes of instruction, research, or limitation on the number of persons merchandise and provided that: analysis. engaged in such work or business; 1. Any resulting cinders, dust, (c) Location. Where permitted in a mortuary or undertaking fumes, noise, odors, refuse matter, particular use district, no state- establishment; printing shop, provided smoke, vapor or vibration is licensed medical marijuana not more than five (5) persons are effectively confined to the premises; cultivator, processor, retail dispensary engaged in such work or business; 2. The ground floor premises facing or laboratory that tests medical research laboratory, radio or upon and visible from a major street marijuana, shall be located or television station, telephone exchange upon which the premises abut shall be relocated within 500 feet of the or transformer station, provided all used only for entrances, offices or boundaries of a parcel of real estate buildings and structures except fences display; having situated on it a school, church, and barriers are located not less than 3. Adequate off-street loading and public library, public playground or fifteen (15) feet from a Residence unloading facilities are provided and public park. This requirement does District; hospital, sanitarium, so designed that any standing not apply to research related to convalescent home, rest home, nursing vehicles using them shall be within marijuana conducted at a state home, orphanage or home for the the property lines and be either not university, academic medical center, infirm or aged, provided that all main visible from streets within Retail or private research and development buildings are not less than fifteen (15) Business, Local Retail Business or 1452 August 23, 2017 The City Record 23

Residence District, or not nearer than odors, fumes, and noise be confined to and shelter for juveniles, to be located fifty (50) feet to such streets. the premises and the lot upon which at East 93rd Street, and Quincy O. Retail poultry business: either as the kennel is located is greater than Avenue. a main use or as an accessory use, one hundred (100) feet from a including the storing and killing of residence district. 345.02 Permitted Buildings and Uses poultry or game to be sold entirely at 1. Notwithstanding division (d)(3) in Residence-Industry District retail upon the premises and directly of Section 329.03, the Board, on Within any Residence-Industry to the ultimate consumer, provided application for a use variance, may District no building or premises shall that the enterprise is conducted in permit a Kennel in any use district. be erected, altered, used, arranged or strict compliance with all applicable 2. The limitations stated in divisions designated to be used, in whole or in statutes, laws, rules and regulations, (b) and (c) of Section 329.03 shall not part for other than one (1) or more of including those requiring rat- apply when deciding whether to issue the following specified uses, provided proofing, and that adjacent premises a use variance for a Kennel, the Board that: or the occupants thereof are not shall evaluate the applicant Kennel’s (a) All resulting cinders, dust, injured by reason of the emission of probable impact on the overall flashing, fumes, gases, noises, odors, dust, odor, smoke or noise or the tranquility of the surrounding refuse matter, smoke, vapors and accumulation of refuse or offal, and properties by considering all odors, vibrations are effectively confined to provided further that the buildings in noises, and fumes that will emanate the premises; which the killing, storing and selling from the lot on which the applicant (b) All materials are stored inside are done are either detached masonry Kennel is located. buildings; structures or part of a masonry R. Any other building, use or service (c) Setback building lines to the building used entirely for the similar to the uses herein listed in the same extent as required in this Zoning handling of poultry and/or game. type of services or goods sold, in the Code for Residence Districts are 1. A detached masonry structure number of persons or cars to be observed on any street on which the used for slaughtering or for storing of attracted to the premises or in the Residence- Industry District adjoins a live poultry shall have not less than effect upon adjacent areas in more Residence District, and suitable one hundred (100) square feet of floor restricted use districts; planting is maintained in the setback area and shall be located at least ten S. Any accessory use customarily area. Side yards and rear yards not (10) feet from any other building or incident to a use authorized by this less than twenty-five (25) feet are part thereof on the same lot which is section, except that no use specified in provided at lot lines which are also used for human habitation, or as a divisions (b) and (c) of Section 345.04 boundary lines of Residence Districts place where other food is prepared, as prohibited or permitted only by or of lots used for residences in a Local placed, kept or sold. special permit in a General Industry Retail Business District or Shopping 2. Where the slaughtering room is District shall be permitted as an Center district. A chain link fence not part of a masonry building used accessory use; less than six (6) feet high is entirely for the handling of poultry T. Hookah Lounge:any facility, constructed on lot lines which are also and/or game, such slaughtering room establishment or location with patron boundary lines of Residence districts shall be separated from the sales or seating or that is classified or seeks or of lots used for residences in a Local storage room by a solid masonry wall classification as an assembly use as in which there may be only one (1) Retail Business District or Shopping defined in the Ohio Building Code Center District; opening not greater than four (4) whose business operation includes the square feet in size, located not less (d) There are adequate off-street smoking of tobacco or any organic or loading and unloading facilities so than four (4) feet above the floors of synthetic material, including but not both rooms, equipped with either a designed that any standing vehicle limited to plants, herbs or tobacco, using them is within the property lines self-closing window or self-closing through one or more hookah pipes door. Such slaughtering room shall be and is either not visible from streets or (also commonly referred to as a not nearer than fifty (50) feet to entered only from outside the hookah, waterpipe, shisha or building. streets; narghile), including but not limited to (e) There is adequate off-street car 3. In either case, such slaughtering establishments known variously as room shall be used only for killing, parking for the employees, owners hookah bars, hookah lounges, or flicking and dressing and shall be not and others coming to the premises on hookah cafes that are exempt from the less than twenty- five (25) feet from matters incidental to the uses thereof, Smoke Free Workplace Act under RC the boundary of the premises upon and adequate off-street parking of 3794.03; which it is located. All offal and refuse trucks in space so located as not to be U. Vapor Lounge: any facility, must be kept in covered containers visible from the streets or not nearer establishment or location, whether within such slaughtering room until than fifty (50) feet to streets; fixed or mobile, with patron seating or removed from the premises. (f) Entrance and exit to any that is classified or seeks Such slaughtering room and every building or premises are from a street classification as an assembly use as building, room or space used for designated as a major thoroughfare defined in the Ohio Building Code storage or sale of poultry or game in on the general plan adopted by the whose business operation includes the connection therewith shall be not less City Planning Commission or, if the utilization of a heating element that than three hundred (300) feet from premises in question does not abut vaporizes a substance that releases any Residence District, church, school, such street, then from any street nicotine, tobacco, flavored vapor, or playground, library or building of approved by the Board of Zoning vapor or fumes from any other organic Institutional H Occupancy Appeals if it finds the probable volume or synthetic material including but not classification. and type of traffic to such premises limited to plants, herbs or tobacco, P. Tattooing and body piercing. As will not change materially the through one or more electronic or used in this division: existing character of such streets nor battery operated delivery device, 1. “Body Piercing” means the be detrimental to the adjoining or including any device known as an piercing of any part of the body by adjacent residential area; someone other than a physician electronic cigarette (also commonly referred to as e-cig, e-cigarette, e-pipe, (g) In the case of nonresidential licensed under RC Chapter 4731, who use, trucking operations are not utilizes a needle or other instrument electronic cigarillo, hookah pen, vape pen, vape pipe or any other electronic conducted evenings, nights, Sundays for the purpose of inserting an object nor on holidays generally observed by into the body for non-medical cigarette product), including but not business and single-shift industry: purposes; body piercing includes ear limited to establishments known (1) Any use permitted in a Multi- piercing except when the ear piercing variously as vape bars, vape lounges, Family District; procedure is performed on the ear with e-cigarette bars or vape cafes. an ear piercing gun. V. State-licensed Medical Marijuana (2) Office buildings, loft buildings, 2. “Tattoo” means any method Retail Dispensary, as defined in and telephone exchanges, transformer utilizing needles or other instruments subject to Section 347.19 of this Code. stations, research laboratories; by someone other than a physician (3) Hotels; (3) Retail tin shops and furnace licensed under RC Chapter 4731, to (4) Motels; shops, retail plumbing shops, and permanently place designs, letters, (5) Charitable institutions, includ - plumbing supply shops, signs, display scrolls, figures, symbols or any other ing correctional halfway houses, as or decorating shops, printing shops; marks upon or under the skin of a regulated in Section 347.15; and (4) The following uses if located not person with ink or any other notwithstanding any Section of the less than one hundred (100) feet from substance resulting in an alteration of Codified Ordinances of Cleveland, a Residence district: repair garage for the appearance of the skin. Ohio, 1976, to the contrary, the repair or painting of motor vehicles, Q. Kennels, either as a main use or Cuyahoga County Youth Intervention creamery, milk bottling or milk an accessory use, provided that all Center, providing temporary detention distributing stations; 1453 24 The City Record August 23, 2017

(5) Operation of any internal and subject to Section 347.19 of this Whereas, this ordinance consti- combustion engines in connection Code. tutes an emergency measure provid- with any use permitted in the District, (13) Any other building or use ing for the usual daily operation of provided such engines are equipped similar in character and operation and a municipal department; now, there- and operated only with an effective in effect on conforming uses in fore, muffling device; adjoining more restricted use districts Be it ordained by the Council of (6) Carpet cleaning, dry cleaning or as the buildings or uses herein the City of Cleveland: dyeing, laundries, cold storage plants, permitted. Section 1. That the Directors of bottling works, ice plants, ice cream Section 3. That existing Section the Departments of Public Works plants, cigar factories; 343.11 of the Codified Ordinances of and Finance to enter into agreement effective August 1, 2017 with the (7) Wholesale, jobbing, distributing Cleveland, Ohio, 1976, as amended by Cleveland Metropolitan School Dis- or warehouse establishments for such Ordinance No. 1396-14, passed trict to conduct educational, recre- materials as cotton, wool, clothing, December 8, 2014 and Section 345.02, as fabrics, furniture, hardware, ice, ational and extracurricular pro- amended by Ordinance No. 2215-96, gramming for the public purpose of leather, metals other than scrap or passed April 7, 1997 are repealed. junk metals, rubber, shop and store providing educational activities to Section 4. That this ordinance is supplies, including the making, city of Cleveland youth through the declared to be an emergency measure assembling, remodeling, repairing, use of Neighborhood Capital Funds, and, provided it receives the altering, finishing or refinishing of Neighborhood Equity Funds, Casino affirmative vote of two-thirds of all these products or merchandise, Revenue Funds and Neighborhood the members elected to Council, it provided the processes used comply Development Funds. with the limitations specified in this shall take effect and be in force Section 2. That the cost of said section; immediately upon its passage and contract shall be in an amount not to (8) Machine shops in which only approval by the Mayor; otherwise it exceed $316,000 and shall be paid from lathes, drill presses, hydraulic presses, shall take effect and be in force from Fund No. 10 SF 166, Fund No. 10 SF. 177, Fund No. 10 SF 188, and Fund 14 SF shavers, milling machines, planers, and after the earliest period allowed 042. grinders and similar tools are used, by law. Section 3. That the Director of Law and no hammering, rolling, spinning, Referred to Directors of Building shall prepare and approve said heat treating by other than induction and Housing, City Planning contract and that the contract shall processes or riveting is done and no Commission, Finance, Law; Committees on Development Planning contain such terms and provisions as forges, metal saws other than he deems necessary to protect the and Sustainability, Finance. automatic hack saws, heavy shears, City’s interest. multiple spindle automatic screw Section 4. That this ordinance is Ord. No. 1012-17. machines or other noise or vibration- hereby declared to be an emergency producing tools or machines are By Council Member Kelley. measure and, provided it receives the operated; An emergency ordinance authorizing affirmative vote of two-thirds of all (9) Charitable institutions, the Directors of Public Works and the members elected to Council, it including correctional halfway Finance to enter into agreement to shall take effect and be in force houses, as regulated in Section 347.15; enter into one or more contracts with immediately upon its passage and (10) Hospitals, sanitariums, the Cleveland Metropolitan School approval by the Mayor; otherwise it nursing, rest or convalescent homes; District to conduct educational, shall take effect and be in force from (11) State-licensed Medical recreational and extracurricular and after the earliest period allowed Marijuana Cultivator, as defined in programming through the use of Ward by law. and subject to Section 347.19 of this 13 Neighborhood Capital Funds, Referred to Directors of Public Code. Neighborhood Equity Funds, Casino Works, Finance, Law; Committees on (12)State-licensed Medical Revenue Funds and Neighborhood Development Planning and Marijuana Processor, as defined in Development Funds. Sustainability, Finance.

FIRST READING ORDINANCE REFERRED

Ord. No. 991-17. By Council Members Brady and Zone. An ordinance expanding the coverage area for the West 117th Street Design Review District to include additional parcels along West 112th Street, West 114th Street, West 115th Street, and Franklin Boulevard (Map Change No. 2571). Whereas, Councilwoman Brady and Councilman Zone has submitted a request to the City Planning Commission for expansion of the West 117th Street Design Review District, originally established by Ordinance Number 1851-98 in accordance with the procedures outlined in Chapter 303 of the Codified Ordinances of the City of Cleveland; and Whereas, such request is accompanied by a map identifying the boundaries of the proposed expansion of the District; and Whereas, the City Planning Commission has determined that the proposed expansion area meets the criteria for designation contained in Section 341.04 of Chapter 341 of the Codified Ordinances of the City of Cleveland, Ohio, 1976, now, therefore Be it ordained by the Council of the City of Cleveland: Section 1. That the West 117th Street Design Review District is hereby expanded to include lands described as follows Beginning at the intersection of the centerline of West 115th Street and the centerline of Franklin Boulevard; Thence easterly along the centerline of Franklin Boulevard to its intersection with the centerline of West 112th Street; Thence northerly along the centerline of West 112th Street to its intersection with the northwesterly prolongation of the northerly line of a parcel of land conveyed to Colombo Enterprises Inc by deed dated August 29, 1975 and recorded in Auditor’s File Number V75138680111 said parcel also being known as 001-34-003; Thence southeasterly along said northwesterly prolongation and northerly line and its southeasterly prolongation to its intersection with the northerly line of a parcel of land conveyed to The Barrett Co., An Ohio by deed dated March 22, 1993 and recorded in Auditor’s File Number V93999999999 said parcel also being known as 001-33-012; Thence southeasterly and northeasterly along said northerly line to its intersection with the southerly line thereof; Thence southwesterly along said southerly line and its southerly prolongation to its intersection with the centerline of Madison Avenue; Thence westerly along said centerline to its intersection with the centerline of West 115th Street; Thence northerly along the centerline of West 115th Street to the place of beginning; Section 2. That the designation of the area described in Section 1 hereof as the West 117th Street Design Review District shall be identified as Map Change Number 2571 shall be noted on the Building Zone Maps of the City of Cleveland and on file in the office of the City Planning Commission by the appropriate person designated for such 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. 1454 August 23, 2017 The City Record 25

Referred to Directors of City Planning Commission, Law; Committee on Development Planning and Sustainability.

FIRST READING EMERGENCY and known as being a part of Original Thence, leaving the northerly line RESOLUTIONS REFERRED 100 Acre Lot No. 328. of Felix Nicola and W.E. Judson’s Re- Commencing at the intersection of subdivision, along the easterly right Res. No. 931-17. the northeasterly right of way of of way of East 64th Place, South 00° By Council Members Cleveland, K. Kinsman Road (width varies) and the 25' 27" East, 245.44 feet; Johnson and Brancatelli (by northwesterly right of way of Grand Thence, continuing along the departmental request). Avenue; easterly right of way of East 64th An emergency resolution declar- Thence, along the northwesterly Place, South 35° 10' 58" West, 239.61 ing the intent to vacate a portion of right of way of Grand Avenue, North feet to the northerly right of way of Grand Avenue; Grand Avenue S.E., East 64th Place 35° 10' 58" East, 72.77 feet to the Thence, leaving the easterly right of and East 65th Street. westerly right of way of East 64th way of East 64th Place, along the Whereas, this Council is satisfied Place and the True Point of Beginning westerly extension of the northerly that there is good cause to vacate a for the Vacation herein described; right of way of Grand Avenue, South portion of Grand Avenue S.E., East Thence, along the westerly right of 88° 40' 22" West, 37.32 feet to the point 64th Place and East 65th Street, as way of East 64th Place, North 35° 10' of beginning. described; and 58" East, 252.18 feet; Containing within said bounds Whereas, this resolution consti- Thence, continuing along the 0.3351 acre of land (14,595 square feet) tutes an emergency measure provid- westerly right of way of East 64th as surveyed by KS Associates, Inc. ing for the usual daily operation of Place, North 00° 25' 27" West, 235.76 under the supervision of Trevor A. a municipal department; now, there- Bixler, Professional Surveyor, No. 7730 feet to the northerly line of Felix fore, in September 2015. Bearings are based Nicola and W.E. Judson’s Re- Be it resolved by the Council of the on Ohio State Plane, North Zone subdivision of a part of Original 100 City of Cleveland: NAD83(2011) Grid North. Section 1. That this Council Acre Lot No. 328 as recorded in Volume declares its intent to vacate a por- 13, Page 9 of the Cuyahoga County Vacation of a Portion of East 65th tion of the following described real Map Records; Street (30 feet wide) property: Thence, leaving the westerly right Situated in the City of Cleveland, of way of East 64th Place, along the County of Cuyahoga, and State of Ohio Vacation of a Portion of East 64th northerly line of Felix Nicola and W.E. and known as being a part of Original Place (30 feet wide) Judson’s Re-subdivision, North 89° 30' 100 Acre Lot No. 329. Situated in the City of Cleveland, 13" East, 30.00 feet to the easterly Beginning at the intersection of the County of Cuyahoga, and State of Ohio right of way of East 64th Place; northerly right of way of Grand 1455 26 The City Record August 23, 2017

Avenue (60 feet wide) and the 63.61 feet to the southerly right of way A PORTION OF WASHINGTON westerly right of way of East 65th of Grand Avenue; AVENUE TO BE VACATED Street; Thence, along the southerly right of Situated in the City of Cleveland, Thence, along the westerly right of way of Grand Avenue, South 69° 49' County of Cuyahoga and State of Ohio, way of East 65th Street, North 18° 15' 02" West, 192.58 feet; and known as being part of lot 70, 42" West, 436.88 feet to the southerly Thence, continuing along the Original Brooklyn Township 7 north, right of way of Bushnell Avenue southerly right of way of Grand 13 west of the Connecticut Western (width varies); Avenue, South 88° 40' 22" West, 566.90 Reserve; Thence, leaving the westerly right feet to the southeasterly right of way Beginning at the 1 inch iron pin of way of East 65th Street, along the of Grand Avenue; found at the intersection of Washington Avenue (66 feet wide) southerly right of way of Bushnell Thence, along the southeasterly and West 24th Street (33 feet wide); Avenue, North 88° 20' 08" East, 31.30 right of way of Grand Avenue, South 35° 10' 58" West, 42.62 feet to the Thence north 54° 51' 50" east, along feet to the easterly right of way of the centerline of said Washington East 65th Street; northeasterly right of way of Kinsman Road; Avenue, 397.97 feet to a point; Thence, leaving the southerly right Thence south 35° 08' 10" east, 33.00 Thence, along the northeasterly of way of Bushnell Avenue, along the feet to the southerly line of said right of way of Kinsman Road, North easterly right of way of East 65th Washington Avenue and the principal 54° 44' 02" West, 60.00 feet to the point Street, South 18° 15' 42" East, 432.34 place of beginning; feet to the northerly right of way of of beginning. Course 1 thence 100.19 feet, along an Grand Avenue; Containing within said bounds arc of a curve deflecting to the left, Thence, leaving the easterly right of 1.1473 acres of land (49,974 square having a radius of 157.36 feet, a central way of East 65th Street, along the feet) as surveyed by KS Associates, angle of 36° 28' 57" and a 98.51 feet northerly right of way of Grand Inc. under the supervision of Trevor A. chord that bears north 36° 37' 21" east Avenue, South 69° 49' 02" West, 13.99 Bixler, Professional Surveyor, No. 7730 to a point of tangency; feet; in September 2015. Bearings are based Course 2 thence south 55° 11' 40" Thence, continuing along the on Ohio State Plane, North Zone east, along the southerly line of land NAD83(2011) Grid North. northerly right of way of Grand conveyed to Stonebridge Viaduct, Legal Description approved by Greg Avenue, South 88° 40' 22" West, 16.75 LLC, AFN 201612120495, permanent Esber, Section Chief, Plats, Surveys feet to the point of beginning; parcel number 003-18-019,32.82 feet to a and House Numbering Section. Containing within said bounds point; Section 2. That this resolution is 0.3002 acre of land (13,076 square feet) Course 3 thence south 54° 51' 50" declared to be an emergency measure west, along the northerly line of land as surveyed by KS Associates, Inc. and, provided it receives the conveyed to Stonebridge Viaduct, LLC under the supervision of Trevor A. affirmative vote of two-thirds of all permanent parcel number’s 003-18-018, Bixler, Professional Surveyor, No. 7730 the members elected to Council, it 003-18-017 and 003- 18-016, AFN in September 2015. Bearings are based shall take effect and be in force 201101310674, 104.82 feet to the on Ohio State Plane, North Zone immediately upon its adoption and principal place of beginning. NAD83(2011) Grid North. approval by the Mayor; otherwise it Subject to all legal highways and shall take effect and be in force from easements of record and containing Vacation of a Portion of Grand and after the earliest period allowed 0.0251 acres of land as calculated and Avenue (60 feet wide) by law. described based a field survey Situated in the City of Cleveland, Referred to Directors of Capital performed in July, 2017 by Richard A. County of Cuyahoga, and State of Ohio Projects, City Planning Commission, Thompson Jr, Ohio registered and known as being a part of Original Finance, Law; Committees on professional land surveyor #7388 of 100 Acre Lot Nos. 328 and 329. Municipal Services and Properties, Polaris engineering and surveying. Beginning at the intersection of the Development Planning and Bearings refer to the Ohio coordinate northeasterly right of way of Sustainability. system of 1983 north zone 1986 Kinsman Road (width varies) and the adjustment. All iron pins set are 5/8 northwesterly right of way of Grand Res. No. 932-17. inch diameter by 30 inch long rebar Avenue; By Council Members McCormack, K. with identification caps stamped “Polaris s-7087”. Thence, along the northwesterly Johnson and Brancatelli (by Legal Description approved by Greg right of way of Grand Avenue, North departmental request). Esber, Section Chief, Plats, Surveys 35° 10' 58" East, 72.77 feet to a point in An emergency resolution declar- and House Numbering Section. the westerly extension of the ing the intent to vacate a portion of Section 2. That this resolution is northerly right of way of Grand Washington Avenue. declared to be an emergency measure Avenue; Whereas, this Council is satisfied and, provided it receives the Thence, along said westerly that there is good cause to vacate a affirmative vote of two-thirds of all extension and the northerly right of portion of Washington Avenue, as the members elected to Council, it way of Grand Avenue, North 88° 40' described; and shall take effect and be in force 22" East, 587.18 feet; Whereas, this resolution consti- immediately upon its adoption and Thence, continuing along the tutes an emergency measure provid- approval by the Mayor; otherwise it northerly right of way of Grand ing for the usual daily operation of shall take effect and be in force from Avenue, North 69° 49' 02" East, 203.75 a municipal department; now, there- and after the earliest period allowed feet to the westerly line of land fore, by law. conveyed to Norfolk Southern Railway Be it resolved by the Council of the Referred to Directors of Capital (Norfolk and Western Railway) as City of Cleveland: Projects, City Planning Commission, recorded in Deed Volume 11345, Page Section 1. That this Council Finance, Law; Committees on 267 of the Cuyahoga County Records; declares its intent to vacate a por- Municipal Services and Properties, Thence, along Norfolk Southern’s tion of the following described real Development Planning and westerly line, South 00° 46' 50" East, property: Sustainability.

Res. No. 953-17. By Council Member Kelley (by departmental request). An emergency resolution accepting the amounts and rates as determined by the Cuyahoga County Budget Com- mission and authorizing the necessary tax levies and certifying them to the County Fiscal Officer. Whereas, this Council, under the provisions of law, has adopted a Tax Budget for the fiscal year commencing January 1, 2018; and Whereas, the Budget Commission of Cuyahoga County, Ohio, has certified its action on the Tax Budget to this Council together with an estimate by the County Fiscal Officer of the rate of each tax necessary to be levied by this Council and what part is within and what part is outside the 10-mill tax limitation; and Whereas, this resolution constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it resolved by the Council of the City of Cleveland: Section 1. That the amounts and rates as determined by the Budget Commission in its certification are accept- ed. Section 2. That there is levied on the tax duplicate of the City of Cleveland the rate of each tax necessary to be levied within and without the 10-mill tax limitation, as follows: 1456 August 23, 2017 The City Record 27

SCHEDULE A SUMMARY OF AMOUNTS REQUIRED FROM GENERAL PROPERTY TAX APPROVED BY BUDGET COMMISSION AND COUNTY AUDITOR’S ESTIMATE TAX RATES

Amount to Amount County Fiscal Officer’s Estimate of be Derived Approved By Tax Rate To Be Levied From Levies Budget Commission

Outside 10-Mill Inside 10-Mill Inside 10-Mill Outside 10-Mill Fund Limitation Limitation Limitation Limitation

Column II Column IV Column V Column VI

GENERAL FUND ----- 7.75 BOND RETIREMENT FUND 4.35 ----- POLICE PENSION FUND ----- 0.30 FIRE PENSION FUND 0.05 0.25 TOTAL 4.40 8.30

Section 3. That the Clerk of Council is directed to certify a copy of this resolution to the County Fiscal Offi- cer of Cuyahoga County. Section 4. That this resolution 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 adoption and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred to Directors of Finance, Law; Committee on Finance.

Res. No. 954-17. affirmative vote of two-thirds of all Section 3. That the Director of By Council Member Kelley (by the members elected to Council, it Economic Development is authorized departmental request). shall take effect and be in force to enter into a grant agreement in an An emergency resolution request- immediately upon its adoption and amount up to $808,000 with Simon’s to ing the County Fiscal Officer to approval by the Mayor; otherwise it provide economic development make advances during the year shall take effect and be in force from assistance to partially finance the 2018, pursuant to Section 321.34, Ohio and after the earliest period allowed Project. Revised Code. by law. Section 10. That the costs of any Whereas, this resolution consti- Referred to Directors of Finance, loan funding under this ordinance, tutes an emergency measure provid- Law; Committee on Finance. including forgivable and ing for the usual daily operation of nonforgivable portions, shall not a municipal department; now, there- FIRST READING EMERGENCY fore, exceed $466,000, and that the cost of ORDINANCES READ IN FULL the grant shall not exceed $808,000, for Be it resolved by the Council of the AND PASSED City of Cleveland: a total of $1,274,000 and shall be paid from Fund Nos. 17 SF 008, 17 SF 652, Section 1. That under Section Ord. No. 937-17. 321.34 of the Revised Code, the Coun- and 12 SF 954, RQS 9501, RL 2017-60. By Council Members Griffin, ty Fiscal Officer is hereby request- Section 2. That Sections 3 and 10 of Brancatelli and Kelley (by ed to draw, and the County Trea- Ordinance No. 733-17, passed July 12, departmental request). surer to pay on draft or drafts made 2017, are repealed. An emergency ordinance to amend payable to the Treasury of the City Section 3 That this ordinance is Sections 3 and 10 of Ordinance No. of Cleveland, any money that may declared to be an emergency measure be in the County Treasury from time 733-17, passed July 12, 2017, to pro- vide financial assistance to Simon’s and, provided it receives the to time during the year 2018 and affirmative vote of two-thirds of all credited to the account of the City Supermarket, or its designee, for redeveloping the vacant grocery the members elected to Council, it of Cleveland and lawfully applica- shall take effect and be in force ble to the purpose of the 2018 fiscal store at 11501 Buckeye Road as a immediately upon its passage and year, during which year such full-service supermarket. approval by the Mayor; otherwise it request will be made. The payments Whereas, this ordinance consti- are to be made from time to time in tutes an emergency measure provid- shall take effect and be in force from accordance with the schedule set by ing for the usual daily operation of and after the earliest period allowed Cuyahoga County. a municipal department; now, there- by law. Section 2. That the Clerk of Council fore, Motion to suspend rules, Charter, is directed to transmit a certified copy Be it ordained by the Council of and statutory provisions and place of this resolution to the County Fiscal the City of Cleveland: on final passage. Officer. Section 1. That Sections 3 and 10 The rules were suspended. Yeas Section 3. That this resolution is of Ordinance No. 733-17, passed July 16. Nays 0. Read second time. Read hereby declared to be an emergency 12, 2017, are amended to read as fol- third time in full. Passed. Yeas 16. measure and, provided it receives the lows: Nays 0.

Ord. No. 949-17. By Council Member Kelley (by departmental request). An emergency ordinance approving the collective bargaining agreement with the Teamsters Local 507; and to amend Section 9 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, relating to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: 1457 28 The City Record August 23, 2017

Section 1. That under division (B) of Section 4117.10 of the Revised Code, this Council approves the collective bargaining agreement with the Teamsters Local 507, under the terms contained in File No. 949-17-A, for the peri- od from April 1, 2016 through March 31, 2019, 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, 2016 2% April 1, 2017 2% April 1, 2018

Section 2. That Section 9 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491- 15, passed May 4, 2015, is amended to read as follows:

Section 9. Teamsters Local 507. That salaries in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1 Correctional Officer...... $17.64 $19.76 2 Guard ...... 17.64 18.64

Section 3. That existing Section 9 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, is repealed. Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Motion to suspend rules, Charter, and statutory provisions and place on final passage. The rules were suspended. Yeas 16. Nays 0. Read second time. Read third time in full. Passed. Yeas 16. Nays 0.

Ord. No. 961-17. The rules were suspended. Yeas measure and, provided it receives the By Council Member Pruitt. 16. Nays 0. Read second time. Read affirmative vote of two-thirds of all An emergency ordinance authoriz- third time in full. Passed. Yeas 16. the members elected to Council, it ing the Director of the Department Nays 0. shall take effect and be in force of Community Development to enter immediately upon its passage and into an agreement with Ohio Uni- Ord. No. 962-17. approval by the Mayor; otherwise it versity for the Aspiring Doctors Pre- By Council Members Reed, shall take effect and be in force from College Program through the use of McCormack, K. Johnson, Griffin, Dow, and after the earliest period allowed Ward 1 Casino Revenue Funds. Conwell, J. Johnson, Cummins, Zone, by law. Whereas, this ordinance consti- Kazy, and Keane. Motion to suspend rules, Charter, tutes an emergency measure provid- An emergency ordinance authoriz- and statutory provisions and place ing for the usual daily operation of ing the Director of the Department on final passage. a municipal department; now, there- of Community Development to enter The rules were suspended. Yeas fore, into agreement with the Greater 16. Nays 0. Read second time. Read Be it ordained by the Council of Cleveland Urban Film Foundation third time in full. Passed. Yeas 16. the City of Cleveland: for the Greater Cleveland Urban Nays 0. Section 1. That the Director of the Film Festival Workshop Series Department of Community Develop- through the use of Wards 2, 3, 4, 6, Ord. No. 963-17. ment is hereby authorized to enter 7, 9, 10, 14, 15, 16 and 17 Casino Rev- By Council Members McCormack into agreement effective September enue Funds. and Cummins. 1, 2017 with Ohio University for the Whereas, this ordinance consti- An emergency ordinance amend- Aspiring Doctors PreCollege Pro- tutes an emergency measure provid- ing the Title and Sections 1 and 2 gram for the public purpose of pro- ing for the usual daily operation of of Ordinance No. 457-17 passed April a municipal department; now, there- 24, 2017 as it pertains to authorizing viding educational programming fore, the Director of the Department of and mentoring for city of Cleveland Be it ordained by the Council of Community Development to enter youth who are interested in a med- the City of Cleveland: into agreement with Cleveland Pub- ical career through the use of Ward Section 1. That the Director of the lic Theatre for the Station Hope Sto- 1 Casino Revenue Funds. Department of Community Develop- rytelling Project through the use of Section 2. That the cost of said ment is hereby authorized to enter Wards 3 and 14 Casino Revenue contract shall be in an amount not to into agreement effective September Funds. exceed $12,435 and shall be paid from 1, 2016 with the Greater Cleveland Whereas, this ordinance consti- Fund No. 10 SF 188. Urban Film Foundation for the tutes an emergency measure provid- Section 3. That the Director of Law Greater Cleveland Urban Film Fes- ing for the usual daily operation of shall prepare and approve said tival Workshop Series for the pub- a municipal department; now, there- contract and that the contract shall lic purpose of providing educational fore, contain such terms and provisions as sessions on film documentaries on Be it ordained by the Council of he deems necessary to protect the current topics to city of Cleveland the City of Cleveland: City’s interest. residents through the use of Wards Section 1. That the Title and Sec- Section 4. That this ordinance is 2, 3, 4, 6, 7, 9, 10, 14, 15, 16 and 17 tions 1 and 2 of Ordinance No. 457- hereby declared to be an emergency Casino Revenue Funds. 17 passed April 24, 2017 are hereby measure and, provided it receives the Section 2. That the cost of said amended to read as follows: affirmative vote of two-thirds of all contract shall be in an amount not to An emergency ordinance the members elected to Council, it exceed $9,500 and shall be paid from authorizing the Director of the shall take effect and be in force Fund No. 10 SF 188. Department of Community immediately upon its passage and Section 3. That the Director of Law Development to enter into agreement approval by the Mayor; otherwise it shall prepare and approve said with Cleveland Public Theatre for the shall take effect and be in force from contract and that the contract shall Station Hope Storytelling Project and after the earliest period allowed contain such terms and provisions as through the use of Wards 3 and 14 by law. he deems necessary to protect the Casino Revenue Funds. Motion to suspend rules, Charter, City’s interest. Section 1. That the Director of the and statutory provisions and place Section 4. That this ordinance is Department of Economic Develop ment on final passage. hereby declared to be an emergency is hereby authorized to enter into 1458 August 23, 2017 The City Record 29 agreement effective May 1, 2016 with Ord. No. 965-17. residents through the use of Ward 5 Cleveland Public Theatre for the By Council Members Cleveland and Casino Revenue Funds. Station Hope Storytelling Project for Conwell. Section 2. That the cost of said the public purpose of promoting arts An emergency ordinance authoriz- contract shall be in an amount not to education and the history of the ing the Director of the Department exceed $10,000 and shall be paid from underground railroad to youth of Community Development to enter Fund No. 10 SF 188. residing in the city of Cleveland into agreement with Brick City Pro- Section 3. That the Director of Law through the use of Wards 3 and 14 ductions or with its fiscal agent shall prepare and approve said Casino Revenue Funds. Famicos Foundation, for the Papa contract and that the contract shall Section 2. That the cost of said Resource and Education Expo contain such terms and provisions as contract shall be in an amount not to through the use of Wards 5 and 9 he deems necessary to protect the exceed $10,000 and shall be paid from Casino Revenue Funds. City’s interest. Fund No. 10 SF 188. Whereas, this ordinance consti- Section 4. That this ordinance is Section 2. That the Title and tutes an emergency measure provid- hereby declared to be an emergency Sections 1 and 2 of Ordinance No. 457-17 ing for the usual daily operation of measure and, provided it receives the passed April 24, 2017 are hereby a municipal department; now, there- affirmative vote of two-thirds of all repealed. fore, the members elected to Council, it Section 3. That this ordinance is Be it ordained by the Council of shall take effect and be in force hereby declared to be an emergency the City of Cleveland: immediately upon its passage and measure and, provided it receives the Section 1. That the Director of the approval by the Mayor; otherwise it affirmative vote of two-thirds of all Department of Community Develop- shall take effect and be in force from the members elected to Council, it ment is hereby authorized to enter and after the earliest period allowed shall take effect and be in force into agreement effective July 1, 2017 by law. immediately upon its passage and with Brick City Productions or with Motion to suspend rules, Charter, approval by the Mayor; otherwise it its fiscal agent Famicos Foundation and statutory provisions and place shall take effect and be in force from for the Papa Resource and Educa- on final passage. and after the earliest period allowed tion Expo for the public purpose of The rules were suspended. Yeas by law. providing educational programming 16. Nays 0. Read second time. Read Motion to suspend rules, Charter, and social support resources to third time in full. Passed. Yeas 16. and statutory provisions and place grandparent households that have Nays 0. on final passage. the responsibility of raising grand- The rules were suspended. Yeas children in the city of Cleveland Ord. No. 967-17. 16. Nays 0. Read second time. Read through the use of Wards 5 and 9 By Council Member Griffin. third time in full. Passed. Yeas 16. Casino Revenue Funds. An emergency ordinance authoriz- Nays 0. Section 2. That the cost of said ing the Director of the Department contract shall be in an amount not to of Community Development to enter Ord. No. 964-17. exceed $12,000 and shall be paid from into agreement with Shaker Square By Council Member McCormack. Fund No. 10 SF 188. Development Corporation for the An emergency ordinance authoriz- Section 3. That the Director of Law SHAD Connection Newsletter Pro- ing the Director of the Department shall prepare and approve said ject through the use of Ward 6 Casi- of Community Development to enter contract and that the contract shall no Revenue Funds. into agreement with The Refugee contain such terms and provisions as Whereas, this ordinance consti- Response for the Refugee Response he deems necessary to protect the tutes an emergency measure provid- Program through the use of Ward 3 City’s interest. ing for the usual daily operation of Casino Revenue Funds. Section 4. That this ordinance is a municipal department; now, there- Whereas, this ordinance consti- hereby declared to be an emergency fore, tutes an emergency measure provid- measure and, provided it receives the Be it ordained by the Council of ing for the usual daily operation of affirmative vote of two-thirds of all the City of Cleveland: a municipal department; now, there- the members elected to Council, it Section 1. That the Director of the fore, shall take effect and be in force Department of Community Develop- Be it ordained by the Council of immediately upon its passage and ment is hereby authorized to enter the City of Cleveland: approval by the Mayor; otherwise it into agreement effective June 1, Section 1. That the Director of the shall take effect and be in force from 2017 with Shaker Square Develop- Department of Community Develop- and after the earliest period allowed ment Corporation for the SHAD Con- ment is hereby authorized to enter by law. nection Newsletter for the public into an agreement with The Motion to suspend rules, Charter, purpose of providing a community Refugee Response for the Refugee and statutory provisions and place newspaper promoting community, Response Program for the public purpose of providing workforce on final passage. residential and economic opportuni- training and tutoring services to The rules were suspended. Yeas ties to Cleveland residents residing adult refugee community residents 16. Nays 0. Read second time. Read in the Shaker Square, Larchmere residing in the city of Cleveland third time in full. Passed. Yeas 16. and Buckeye neighborhoods through through the use of Ward 3 Casino Nays 0. the use of Ward 6 Casino Revenue Revenue Funds. Funds. Section 2. That the cost of said Ord. No. 966-17. Section 2. That the cost of said contract shall be in an amount not to By Council Member Cleveland. contract shall be in an amount not to exceed $15,000 and shall be paid from An emergency ordinance authoriz- exceed $20,000 and shall be paid from Fund No. 10 SF 188. ing the Director of the Department Fund No. 10 SF 188. Section 3. That the Director of Law of Community Development to enter Section 3. That the Director of Law shall prepare and approve said into agreement with The Sisters of shall prepare and approve said contract and that the contract shall Charity of St. Augustine Health Sys- contract and that the contract shall contain such terms and provisions as tem, Inc. for the Building Healthy contain such terms and provisions as he deems necessary to protect the Communities Program through the he deems necessary to protect the City’s interest. use of Ward 5 Casino Revenue City’s interest. Section 4. That this ordinance is Funds. Section 4. That this ordinance is hereby declared to be an emergency Whereas, this ordinance consti- hereby declared to be an emergency measure and, provided it receives the tutes an emergency measure provid- measure and, provided it receives the affirmative vote of two-thirds of all ing for the usual daily operation of affirmative vote of two-thirds of all the members elected to Council, it a municipal department; now, there- the members elected to Council, it shall take effect and be in force fore, shall take effect and be in force immediately upon its passage and Be it ordained by the Council of immediately upon its passage and approval by the Mayor; otherwise it the City of Cleveland: approval by the Mayor; otherwise it shall take effect and be in force from Section 1. That the Director of the shall take effect and be in force from and after the earliest period allowed Department of Community and after the earliest period allowed by law. Development is hereby authorized to by law. Motion to suspend rules, Charter, enter into agreement effective July 1, Motion to suspend rules, Charter, and statutory provisions and place 2017 with The Sisters of Charity of St. and statutory provisions and place on final passage. Augustine Health System. Inc. for the on final passage. The rules were suspended. Yeas Building Healthy Communities The rules were suspended. Yeas 16. Nays 0. Read second time. Read Program for the public purpose of 16. Nays 0. Read second time. Read third time in full. Passed. Yeas 16. providing health and wellness third time in full. Passed. Yeas 16. Nays 0. programming for city of Cleveland Nays 0. 1459 30 The City Record August 23, 2017

Ord. No. 968-17. Section 3. That the Director of Law Ord. No. 971-17. By Council Member Griffin. shall prepare and approve said By Council Member Kazy. An emergency ordinance authoriz- contract and that the contract shall An emergency ordinance authoriz- ing the Director of Capital Projects contain such terms and provisions as ing the Director of the Department the Office of Capital Projects to he deems necessary to protect the of Community Development to enter enter into an agreement with Fair- City’s interest. into agreement with the Bellaire fax Renaissance Development Cor- Section 4. That this ordinance is Puritas Development Corporation poration for the Frank and Hudson hereby declared to be an emergency for the Housing Code Enforcement Avenues Extension project through measure and, provided it receives the Program through the use of Ward the use of Ward 6 Restricted Income affirmative vote of two-thirds of all 16 Casino Revenue Funds. Tax Funds. the members elected to Council, it Whereas, this ordinance consti- Whereas, this ordinance consti- shall take effect and be in force tutes an emergency measure provid- tutes an emergency measure provid- immediately upon its passage and ing for the usual daily operation of ing for the usual daily operation of approval by the Mayor; otherwise it a municipal department; now, there- a municipal department; now, there- shall take effect and be in force from fore, fore, and after the earliest period allowed Be it ordained by the Council of Be it ordained by the Council of by law. the City of Cleveland: the City of Cleveland: Motion to suspend rules, Charter, Section 1. That the Director of the Department of Community Develop- Section 1. That the Director of the and statutory provisions and place ment is hereby authorized to enter Office of Capital Projects be autho- on final passage. into agreement effective July 1, 2017 rized to enter into an agreement The rules were suspended. Yeas 16. Nays 0. Read second time. Read with Bellaire Puritas Development with Fairfax Renaissance Develop- Corporation for the Housing Code ment Corporation for the for the third time in full. Passed. Yeas 16. Nays 0. Enforcement Program for the public public purpose of engineering and purpose of eliminating slum and designing street improvements of Ord. No. 970-17. blight from city of Cleveland neigh- the city of Cleveland through the borhoods through the use of Ward use of Ward 6 Restricted Income By Council Member Kazy. An emergency ordinance authoriz- 16 Casino Revenue Funds. Tax Funds. Section 2. That the cost of said ing the issuance of a Mobile Permit Section 2. That the cost of said contract shall be in an amount not to to Timothy Ruble of Bulldog Ice contract shall be in an amount not to exceed $22,500 and shall be paid from Cream to engage in mobile vend- exceed $75,000 and shall be paid from Fund No. 10 SF 188. Fund No. 11-006 or any other identified ing/frozen dessert in Ward 16. Section 3. That the Director of Law or designated funding sources. Whereas, pursuant to Section shall prepare and approve said Section 3. That the Director of Law 675.07 of the Codified Ordinances of contract and that the contract shall shall prepare and approve said Cleveland, Ohio, 1976, (the “Codified contain such terms and provisions as contract and that the contract shall Ordinances”) the consent of Council he deems necessary to protect the contain such terms and provisions as expressed by ordinance is a prereq- City’s interest. he deems necessary to protect the uisite to peddling upon public rights Section 4. That this ordinance is City’s interest. of way outside of the Central Busi- hereby declared to be an emergency Section 4. That this ordinance is ness District; and measure and, provided it receives the hereby declared to be an emergency Whereas, This Council has con- affirmative vote of two-thirds of all measure and, provided it receives the sidered the request of Bulldog Ice the members elected to Council, it affirmative vote of two-thirds of all Cream to engage in mobile vend- shall take effect and be in force the members elected to Council, it ing/frozen dessert outside of the immediately upon its passage and shall take effect and be in force Central Business district, and has approval by the Mayor; otherwise it immediately upon its passage and determined that it is in the public shall take effect and be in force from approval by the Mayor; otherwise it interest to allow Timothy Ruble of and after the earliest period allowed by law. shall take effect and be in force from Bulldog Ice Cream to engage in Motion to suspend rules, Charter, and after the earliest period allowed mobile vending/frozen dessert in and statutory provisions and place by law. Ward 16; and on final passage. Motion to suspend rules, Charter, Whereas, this ordinance consti- tutes an emergency measure provid- The rules were suspended. Yeas and statutory provisions and place 16. Nays 0. Read second time. Read on final passage. ing for the usual daily operation of a municipal department; now, there- third time in full. Passed. Yeas 16. The rules were suspended. Yeas Nays 0. 16. Nays 0. Read second time. Read fore, third time in full. Passed. Yeas 16. Be it ordained by the Council of the City of Cleveland: Ord. No. 992-17. Nays 0. By Council Members McCormack, K. Section 1. That this Council con- Johnson and Kelley (by departmental sents, as required by, Section 675.08 Ord. No. 969-17. request). of the Codified Ordinances to allow By Council Member Brady. An emergency ordinance ratifying Timothy Ruble of Bulldog Ice An emergency ordinance authoriz- and approving the emergency pur- Cream to engage in mobile vend- ing the Director of the Department chase of steam boilers for the West ing/frozen dessert in the public of Community Development to enter Side Market; and authorizing the into agreement with Westown Com- rights of way in Ward 16. purchase of the labor and materials munity Development Corporation for Section 2. That all of the necessary to install the new boilers the Westown CDC Code Enforce- requirements of Chapter 675 of the and the demolition and removal of ment Program through the use of Codified Ordinances shall apply to the existing ones, for the Office of Cap- Ward 11 Casino Revenue Funds. persons named in Section 1 of this ital Projects or Department of Pub- Whereas, this ordinance consti- ordinance. lic Works, as appropriate. tutes an emergency measure provid- Section 3. That the privilege granted Whereas, the steam boilers at the ing for the usual daily operation of may be revoked at any time by this West Side Market have stopped a municipal department; now, there- Council. functioning completely; and fore, Section 4. That this ordinance is Whereas, it is necessary to begin Be it ordained by the Council of declared to be an emergency measure the emergency installation of new the City of Cleveland: and, provided it receives the steam boilers and the demolition Section 1. That the Director of the affirmative vote of two-thirds of all and removal of the existing boilers Department of Community Develop- the members elected to Council, it in order to have them operational ment is hereby authorized to enter shall take effect and be in force before October 31st in preparation of into agreement effective July 1, 2017 immediately upon its passage and the winter season; and with Westown Community Develop- approval by the Mayor; otherwise, it Whereas, the Director of Capital ment Corporation for the Westown shall take effect and be in force from Projects has canvassed vendors for CDC Code Enforcement Program for and after the earliest period allowed the purchase of the new steam boil- the public purpose of eliminating by law. ers and also for the demolition, slum and blight in City of Cleveland Motion to suspend rules, Charter, removal, and installation of the boil- neighborhoods through the use of and statutory provisions and place ers; and Ward 11 Casino Revenue Funds. on final passage. Whereas, this Council determines Section 2. That the cost of said The rules were suspended. Yeas that preservation of the public contract shall be in an amount not to 16. Nays 0. Read second time. Read peace, health, and safety dictates exceed $61,020 and shall be paid from third time in full. Passed. Yeas 16. that formal competitive bidding be Fund No. 10 SF 188. Nays 0. dispensed with, so that the new 1460 August 23, 2017 The City Record 31 steam boilers can be ordered and Section 2. That the cost of said Cultural Center for the Pope John installed and that the existing, non- contract shall be in an amount not to Paul II Statue Project for the Pol- functioning ones be demolished and exceed $20,000 and shall be paid from ish American Cultural Garden removed in preparation of the win- Fund No. 10 SF 188. through the use of Ward 12 Casino ter season; and Section 3. That the Director of Law Revenue Funds. Whereas, this ordinance consti- shall prepare and approve said Whereas, this ordinance consti- tutes an emergency measure provid- contract and that the contract shall tutes an emergency measure provid- ing for the usual daily operation of contain such terms and provisions as ing for the usual daily operation of a municipal department; now, there- he deems necessary to protect the a municipal department; now, there- fore, City’s interest. fore, Be it ordained by the Council of Section 4. That this ordinance is Be it ordained by the Council of the City of Cleveland: hereby declared to be an emergency the City of Cleveland: Section 1. That, this Council rati- measure and, provided it receives the Section 1. That the Director of the fies and approves the purchase of affirmative vote of two-thirds of all Department of Public Works is here- new steam boilers authorized pur- the members elected to Council, it by authorized to enter into an agree- suant to Section 181.12 of the Codi- shall take effect and be in force ment effective August 1, 2017 with fied Ordinances of Cleveland, Ohio, immediately upon its passage and the Polish American Cultural Center 1976, and ratifies the payment for approval by the Mayor; otherwise it for the Pope John Paul II Statue the purchase from Boiler Specialists, shall take effect and be in force from Project for the Polish American Cul- Inc. at a cost of $65,839.00 and after the earliest period allowed tural Garden for the public purpose Section 2. That the Director of by law. of beautifying and promoting the Capital Projects or Public Works, as Motion to suspend rules, Charter, garden to city of Cleveland resi- appropriate, is authorized to make and statutory provisions and place dents through the use of Ward 12 written contracts for the demolition, on final passage. Casino Revenue Funds removal, and installation of the new The rules were suspended. Yeas Section 2. That the cost of said steam boilers for the immediate 16. Nays 0. Read second time. Read contract shall be in an amount not to purchase of labor, equipment, and third time in full. Passed. Yeas 16. exceed $19,000 and shall be paid from materials necessary for the demolition Nays 0. Fund No. 10 SF 188. and removal of the existing boilers Section 3. That the Director of Law and for labor, equipment, and Ord. No. 999-17. shall prepare and approve said materials necessary to install the new By Council Member McCormack. contract and that the contract shall boilers, to be purchased by the An emergency ordinance authoriz- contain such terms and provisions as Commissioner of Purchases and ing the Director of the Department he deems necessary to protect the Supplies for a gross price, for the of Community Development to enter City’s interest. Office of Capital Projects or Public into agreement with LAND Studio Section 4. That this ordinance is Works, as appropriate. All contracts Inc., for the 2017 Park Programming hereby declared to be an emergency under this section shall first be Series through the use of Ward 3 measure and, provided it receives the authorized by the Board of Control. Casino Revenue Funds. affirmative vote of two-thirds of all Section 3. That the cost of the Whereas, this ordinance consti- the members elected to Council, it contract authorized shall be paid from tutes an emergency measure provid- shall take effect and be in force Fund Nos. 20 SF 516, 20 SF 523, 20 SF ing for the usual daily operation of immediately upon its passage and 535, 20 SF 538, 20 SF 544, 20 SF 552, 20 a municipal department; now, there- approval by the Mayor; otherwise it SF 558, 20 SF 561, 20 SF 565, 20 SF 566, fore, shall take effect and be in force from 20 SF 572, 20 SF 573, 20 SF 578, and any Be it ordained by the Council of and after the earliest period allowed and all funds approved by the Director the City of Cleveland: by law. of Finance. (RQS 0103, RL 2017-37) Section 1. That the Director of the Motion to suspend rules, Charter, Section 4. That this ordinance is Department of Community Develop- and statutory provisions and place declared to be an emergency measure ment is hereby authorized to enter on final passage. and, provided it receives the into agreement effective May 1, 2017 affirmative vote of two-thirds of all The rules were suspended. Yeas the members elected to Council, it with LAND Studio Inc., for the 2017 16. Nays 0. Read second time. Read shall take effect and be in force Park Programming Series for the third time in full. Passed. Yeas 16. immediately upon its passage and public purpose of providing summer Nays 0. approval by the Mayor; otherwise it educational arts programming to shall take effect and be in force from residents residing in the city of Ord. No. 1001-17. and after the earliest period allowed Cleveland through the use of Ward By Council Members Keane and by law. 3 Casino Revenue Funds Kelley (by departmental request). Motion to suspend rules, Charter, Section 2. That the cost of said An emergency ordinance authoriz- and statutory provisions and place contract shall be in an amount not to ing the Director of Port Control to on final passage. exceed $5,000 and shall be paid from enter into an amendment to the The rules were suspended. Yeas Fund No. 10 SF 188. existing Lease Agreement with I-X 16. Nays 0. Read second time. Read Section 3. That the Director of Law Center Corporation to extend the third time in full. Passed. Yeas 16. shall prepare and approve said term of the lease for one year until Nays 0. contract and that the contract shall August 31, 2020, remove all remain- contain such terms and provisions as ing option terms, reduce the base Ord. No. 996-17. he deems necessary to protect the rent for one year, and return approx- By Council Member Zone. City’s interest. imately 31 acres of the leased An emergency ordinance authoriz- Section 4. That this ordinance is premises to the City of Cleveland. ing the Director of the Department hereby declared to be an emergency Whereas, this ordinance consti- of Community Development to enter measure and, provided it receives the tutes an emergency measure provid- into agreement with LAND Studio, affirmative vote of two-thirds of all ing for the usual daily operation of Inc., for the Gordon Square Murals the members elected to Council, it a municipal department; now, there- Project through the use of Ward 15 shall take effect and be in force fore, Casino Revenue Fund. immediately upon its passage and Be it ordained by the Council of Whereas, this ordinance consti- approval by the Mayor; otherwise it the City of Cleveland: tutes an emergency measure provid- shall take effect and be in force from Section 1. That the Director of ing for the usual daily operation of and after the earliest period allowed Port Control is authorized to enter a municipal department; now, there- by law. into an amendment to the existing fore, Motion to suspend rules, Charter, Lease Agreement with I-X Center Be it ordained by the Council of and statutory provisions and place Corporation (the “Lease”), as autho- the City of Cleveland: on final passage. rized by Ordinance No. 68-94, passed Section 1. That the Director of the The rules were suspended. Yeas January 18, 1994 as amended by Department of Community Develop- 16. Nays 0. Read second time. Read Ordinance No. 77-99, passed January ment is hereby authorize to enter third time in full. Passed. Yeas 16. 14, 1999, Ordinance No. 1327-08, into agreement effective August 1, Nays 0. passed November 10, 2008, and Ordi- 2017 with LAND Studio, Inc., for the nance No. 168-17, passed March 6, Gordon Square Murals Project for Ord. No. 1000-17. 2017 to extend the term of the Lease, the public purpose of providing pub- By Council Member Brancatelli. as amended, for one year until lic art enhancements along the Gor- An emergency ordinance authoriz- August 31, 2020 and to remove all don Square Arts District in the city ing the Director of the Department option terms currently available to of Cleveland through the use of of Public Works to enter into an the I-X Center Corporation under the Ward 15 Casino Revenue Funds. agreement with the Polish American Lease. The I-X Center Corporation’s 1461 32 The City Record August 23, 2017 base rent to the City of Cleveland Motion to suspend rules, Charter, Whereas, This Council has con- under the Lease shall be reduced by and statutory provisions and place sidered the request of Walter T an amount to be determined after a on final passage. Snow (Anthem Health Insurance) to new survey has been conducted by The rules were suspended. Yeas engage in mobile vending outside of the Department of Port Control for 16. Nays 0. Read second time. Read the Central Business district, and the twelve (12)-month period begin- third time in full. Passed. Yeas 16. has determined that it is in the pub- ning September 1, 2019 and ending Nays 0. lic interest to allow Walter T Snow August 31, 2020. In return, the lease (Anthem Health Insurance) to tem- premises will be reduced by approx- Ord. No. 1004-17. porarily engage in mobile vending imately 31 acres, which will be iden- By Council Member Reed. in Ward 7; and tified by a new survey to be con- An emergency ordinance authoriz- Whereas, this ordinance consti- ducted by the Department of Port ing the issuance of a Mobile Permit tutes an emergency measure provid- Control. to Malachy Nzekwe of Mr. Happy ing for the usual daily operation of Section 2. That the Amendment shall Days Ice Cream to engage in mobile a municipal department; now, there- be prepared by the Director of Law. vending in Ward 2. fore, Section 3. That this ordinance is Whereas, pursuant to Section Be it ordained by the Council of declared to be an emergency measure 675.07 of the Codified Ordinances of the City of Cleveland: and, provided it receives the Cleveland, Ohio, 1976, (the “Codified Section 1. That this Council con- affirmative vote of two-thirds of all Ordinances”) the consent of Council sents, as required by, Section 675.08 the members elected to Council, it expressed by ordinance is a prereq- of the Codified Ordinances to allow shall take effect and be in force uisite to peddling upon public rights to Walter T Snow (Anthem Health immediately upon its passage and of way outside of the Central Busi- Insurance) to temporarily engage in approval by the Mayor; otherwise it ness District; and mobile vending in the public rights shall take effect and be in force from Whereas, This Council has con- of way in Ward 7. and after the earliest period allowed sidered the request of Malachy Section 2. That all of the by law. Nzekwe of Mr. Happy Days Ice requirements of Chapter 675 of the Motion to suspend rules, Charter, Cream to engage in mobile vending Codified Ordinances shall apply to the and statutory provisions and place outside of the Central Business dis- persons named in Section 1 of this on final passage. ordinance. The rules were suspended. Yeas trict, and has determined that it is 16. Nays 0. Read second time. Read in the public interest to allow Section 3. That the privilege granted third time in full. Passed. Yeas 16. Malachy Nzekwe of Mr. Happy Days may be revoked at any time by this Nays 0. Ice Cream to engage in mobile vend- Council. ing in Ward 2; and Section 4. That this ordinance is Ord. No. 1003-17. Whereas, this ordinance consti- declared to be an emergency measure By Council Member Reed. tutes an emergency measure provid- and, provided it receives the An emergency ordinance authoriz- ing for the usual daily operation of affirmative vote of two-thirds of all ing the issuance of a Mobile Permit a municipal department; now, there- the members elected to Council, it to Lennis Gibson of Big Dogs T’s fore, shall take effect and be in force and Treats to engage in mobile Be it ordained by the Council of immediately upon its passage and vending in Ward 2. the City of Cleveland: approval by the Mayor; otherwise, it Whereas, pursuant to Section Section 1. That this Council con- shall take effect and be in force from 675.07 of the Codified Ordinances of sents, as required by, Section 675.08 and after the earliest period allowed Cleveland, Ohio, 1976, (the “Codified of the Codified Ordinances to allow by law. Ordinances”) the consent of Council to Malachy Nzekwe of Mr. Happy Motion to suspend rules, Charter, expressed by ordinance is a prereq- Days Ice Cream to engage in mobile and statutory provisions and place uisite to peddling upon public rights vending in the public rights of way on final passage. of way outside of the Central Busi- in Ward 2. The rules were suspended. Yeas ness District; and Section 2. That all of the 16. Nays 0. Read second time. Read Whereas, This Council has con- requirements of Chapter 675 of the third time in full. Passed. Yeas 16. sidered the request of Lennis Gibson Codified Ordinances shall apply to the Nays 0. of Big Dogs T’s and Treats to persons named in Section 1 of this engage in mobile vending outside of ordinance. FIRST READING EMERGENCY the Central Business district, and Section 3. That the privilege granted RESOLUTIONS READ IN FULL has determined that it is in the pub- may be revoked at any time by this AND ADOPTED lic interest to allow Lennis Gibson Council. of Big Dogs T’s and Treats to Section 4. That this ordinance is Res. No. 972-17. engage in mobile vending in Ward By Council Member Reed. 2; and declared to be an emergency measure An emergency resolution object- Whereas, this ordinance consti- and, provided it receives the tutes an emergency measure provid- affirmative vote of two-thirds of all ing to a New C1 Liquor Permit at ing for the usual daily operation of the members elected to Council, it 9302 Miles Avenue. a municipal department; now, there- shall take effect and be in force Whereas, Council has been noti- fore, immediately upon its passage and fied by the Division of Liquor Con- Be it ordained by the Council of approval by the Mayor; otherwise, it trol of an application for a New C1 the City of Cleveland: shall take effect and be in force from Liquor Permit at Family Dollar Section 1. That this Council con- and after the earliest period allowed Stores of Ohio, Inc., DBA Family sents, as required by, Section 675.08 by law. Dollar #5778, 9302 Miles Avenue, of the Codified Ordinances to allow Motion to suspend rules, Charter, Cleveland, Ohio 44105, Permit Num- to Lennis Gibson of Big Dogs T’s and statutory provisions and place ber 26312750205; and and Treats to engage in mobile on final passage. Whereas, the granting of this vending in the public rights of way The rules were suspended. Yeas application for a liquor permit to in Ward 2. 16. Nays 0. Read second time. Read this high crime area, which is Section 2. That all of the third time in full. Passed. Yeas 16. already saturated with other liquor requirements of Chapter 675 of the Nays 0. outlets, is contrary to the best inter- Codified Ordinances shall apply to the ests of the entire community; and persons named in Section 1 of this Ord. No. 1005-17. Whereas, the applicant does not ordinance. By Council Member Dow. qualify to be a permit holder and/or Section 3. That the privilege granted An emergency ordinance authoriz- has demonstrated that he has oper- may be revoked at any time by this ing the issuance of a Temporary ated his liquor business in disregard Council. Mobile Permit to Walter T Snow of the laws, regulations or local Section 4. That this ordinance is (Anthem Health Insurance) to ordinances of this state or any other declared to be an emergency measure engage in mobile vending in Ward state; and and, provided it receives the 7. Whereas, the place for which the affirmative vote of two-thirds of all Whereas, pursuant to Section permit is sought has not conformed the members elected to Council, it 675.07 of the Codified Ordinances of to the building, safety or health shall take effect and be in force Cleveland, Ohio, 1976, (the “Codified requirements of the governing body immediately upon its passage and Ordinances”) the consent of Council of this County or City; and approval by the Mayor; otherwise, it expressed by ordinance is a prereq- Whereas, the place for which the shall take effect and be in force from uisite to peddling upon public rights permit is sought is so arranged or and after the earliest period allowed of way outside of the Central Busi- constructed that law enforcement by law. ness District; and officers or agents of the Division of 1462 August 23, 2017 The City Record 33

Liquor Control are prevented rea- Whereas, this resolution consti- objections to renewal of liquor per- sonable access to the establishment; tutes an emergency measure provid- mits shall be made no later than and ing for the immediate preservation thirty days prior to the expiration Whereas, the place for which the of the public peace, prosperity, safe- date of the permit; now, therefore, permit is sought is so located with ty and welfare pursuant to Section Be it resolved by the Council of the respect to the neighborhood that it 4303.271 of the Ohio Revised Code, City of Cleveland: substantially interferes with public objections to renewal of liquor per- Section 1. That Council does here- decency, sobriety, peace or good mits shall be made no later than by record its objection to the renew- order; and thirty days prior to the expiration al of a C1, C2 and D6 Liquor Per- Whereas, this objection is based date of the permit; now, therefore, mit, Permit No. 2600031 owned by on other legal grounds as set forth Be it resolved by the Council of the Fakhoury Enterprises, Inc., 12408 in Revised Code Section 4303.292; City of Cleveland: Union Avenue, Unit A, Cleveland, and Section 1. That Council does here- Ohio 44105 and requests the Super- Whereas, this resolution consti- by record its objection to the renew- intendent of the Division of Liquor tutes an emergency measure provid- al of a C1 and C2 Liquor Permit, Control to set a hearing for said ing for the immediate preservation Permit No. 8871287 owned by 3258 application in accordance with pro- of the public peace, prosperity, safe- East 140th Street, Inc., DBA Abell visions of Section 4303.271 of the ty and welfare pursuant to Section Foods, 3258 East 140th Street, Cleve- Revised Code of Ohio. 4303.26 of the Ohio Revised Code. land, Ohio 44120 and requests the Section 2. That the Clerk of Council Council’s objection to said permit Superintendent of the Division of be and she is hereby directed to must be received by the Superinten- Liquor Control to set a hearing for transmit two certified copies of this dent of Liquor Control within 30 said application in accordance with resolution, together with two copies of days of notification; now, therefore, provisions of Section 4303.271 of the a letter of objection and two copies of Be it resolved by the Council of the Revised Code of Ohio. a letter requesting that the hearing be City of Cleveland: Section 2. That the Clerk of Council held in Cleveland, Cuyahoga County, Section 1. That Council does here- be and she is hereby directed to and a statement by the Director of by record its objection to a New C1 transmit two certified copies of this Law that, in the Director’s opinion, Liquor Permit at Family Dollar resolution, together with two copies of that the objection is based upon Stores of Ohio, Inc., DBA Family a letter of objection and two copies of substantial legal grounds within the Dollar #5778, 9302 Miles Avenue, a letter requesting that the hearing be meaning and intent of division (A) of Cleveland, Ohio 44105, Permit Num- held in Cleveland, Cuyahoga County, Section 4303.292 of the Revised Code to ber 26312750205; and requests the and a statement by the Director of the Superintendent of the Division of Superintendent of Liquor Control to Law that, in the Director’s opinion, Liquor Control. set a hearing for said application in that the objection is based upon Section 3. That this resolution is accordance with provisions of Sec- substantial legal grounds within the hereby declared to be an emergency tion 4303.26 of the Revised Code of meaning and intent of division (A) of measure and, provided it receives the Ohio. Section 4303.292 of the Revised Code to affirmative vote of two-thirds of all Section 2. That the Clerk of Council the Superintendent of the Division of the members elected to Council, it be and she is hereby directed to Liquor Control. shall take effect and be in force Section 3. That this resolution is immediately upon its adoption and transmit two certified copies of this hereby declared to be an emergency approval by the Mayor; otherwise, it resolution, together with two copies of measure and, provided it receives the shall take effect and be in force from a letter of objection and two copies of affirmative vote of two-thirds of all and after the earliest period allowed a letter requesting that the hearing be the members elected to Council, it by law. held in Cleveland, Cuyahoga County. shall take effect and be in force Motion to suspend rules, Charter, Section 3. That this resolution is immediately upon its adoption and and statutory provisions and place hereby declared to be an emergency approval by the Mayor; otherwise, it on final adoption. measure and, provided it receives the shall take effect and be in force from The rules were suspended. Yeas affirmative vote of two-thirds of all and after the earliest period allowed 16. Nays 0. Read second time. Read the members elected to Council, it by law. third time in full. Adopted. Yeas shall take effect and be in force Motion to suspend rules, Charter, 16. Nays 0. immediately upon its adoption and and statutory provisions and place approval by the Mayor; otherwise, it on final adoption. Res. No. 975-17. shall take effect and be in force from The rules were suspended. Yeas By Council Member Griffin. and after the earliest period allowed 16. Nays 0. Read second time. Read An emergency resolution object- by law. third time in full. Adopted. Yeas ing to a New C2 Liquor Permit at Motion to suspend rules, Charter, 16. Nays 0. 2603 Woodhill Road. and statutory provisions and place Whereas, Council has been noti- on final adoption. Res. No. 974-17. fied by the Division of Liquor Con- The rules were suspended. Yeas By Council Member K. Johnson. trol of an application for a New C2 16. Nays 0. Read second time. Read An emergency resolution object- Liquor Permit at Ibald Beverage, third time in full. Adopted. Yeas ing to the renewal of a C1, C2 and Inc., DBA American Food Mart, 2603 16. Nays 0. D6 Liquor Permit at 12408 Union Woodhill Road, Cleveland, Ohio Avenue, Unit A. 44104, Permit Number 4118410; and Res. No. 973-17. Whereas, the uniform date for Whereas, the granting of this By Council Member K. Johnson. renewal of liquor permits in the application for a liquor permit to An emergency resolution object- State of Ohio is October 1st; and this high crime area, which is ing to the renewal of a C1 and C2 Whereas, pursuant to Section already saturated with other liquor Liquor Permit at 3258 East 140th 4303.271 of the Revised Code, the outlets, is contrary to the best inter- Street. legislative authority of a municipal ests of the entire community; and Whereas, the uniform date for corporation may object to the renew- Whereas, the applicant does not renewal of liquor permits in the al of a permit based upon legal qualify to be a permit holder and/or State of Ohio is October 1st; and grounds as set forth in division (A) has demonstrated that he has oper- Whereas, pursuant to Section of Revised Code Section 4303.292; ated his liquor business in disregard 4303.271 of the Revised Code, the and of the laws, regulations or local legislative authority of a municipal Whereas, the applicant is unfit to ordinances of this state or any other corporation may object to the renew- continue to engage in the liquor per- state; and al of a permit based upon legal mit business in that he has operat- Whereas, the place for which the grounds as set forth in division (A) ed his liquor permit business in a permit is sought has not conformed of Revised Code Section 4303.292; manner that demonstrates a disre- to the building, safety or health and gard for the laws, regulations or requirements of the governing body Whereas, the applicant is unfit to local ordinances of the state, and of this County or City; and continue to engage in the liquor per- that this objection is based on other Whereas, the place for which the mit business in that he has operat- legal grounds as set forth in permit is sought is so arranged or ed his liquor permit business in a Revised Code Section 4303.292; and constructed that law enforcement manner that demonstrates a disre- Whereas, this resolution consti- officers or agents of the Division of gard for the laws, regulations or tutes an emergency measure provid- Liquor Control are prevented rea- local ordinances of the state, and ing for the immediate preservation sonable access to the establishment; that this objection is based on other of the public peace, prosperity, safe- and legal grounds as set forth in ty and welfare pursuant to Section Whereas, the place for which the Revised Code Section 4303.292; and 4303.271 of the Ohio Revised Code, permit is sought is so located with 1463 34 The City Record August 23, 2017 respect to the neighborhood that it and Resolution No. 392-17Q, contain- Section 1. That Council does here- substantially interferes with public ing such objection, be and the same by record its objection to the trans- decency, sobriety, peace or good is hereby repealed and that this fer of ownership of a D5 Liquor Per- order; and Council consents to the immediate mit from Rojanet, Inc., DBA Whereas, this objection is based permit thereof. Casablanca Restaurant & Lounge, on other legal grounds as set forth Section 2. That this resolution is 2218 Broadview Road, Cleveland, in Revised Code Section 4303.292; hereby declared to be an emergency Ohio 44109, Permit Number and measure and provided it receives the 74865650005 to Ibex Transportation, Whereas, this resolution consti- affirmative vote of two-thirds of all LLC, DBA Lucy Ethiopian Restau- tutes an emergency measure provid- the members elected to Council, it rant & Bar, 2218 Broadview Road, ing for the immediate preservation shall take effect and be in force Cleveland, Ohio 44109, Permit Num- of the public peace, prosperity, safe- immediately upon its adoption and ber 4118908; and requests the Super- ty and welfare pursuant to Section approval by the Mayor; otherwise, it intendent of Liquor Control to set a 4303.26 of the Ohio Revised Code. shall take effect and be in force from hearing for said application in Council’s objection to said permit and after the earliest period allowed accordance with provisions of Sec- must be received by the Superinten- by law. tion 4303.26 of the Revised Code of dent of Liquor Control within 30 Motion to suspend rules, Charter, Ohio. days of notification; now, therefore, and statutory provisions and place Section 2. That the Clerk of Council Be it resolved by the Council of the on final adoption. be and she is hereby directed to City of Cleveland: The rules were suspended. Yeas transmit two certified copies of this Section 1. That Council does here- 16. Nays 0. Read second time. Read resolution, together with two copies of by record its objection to a New C2 third time in full. Adopted. Yeas a letter of objection and two copies of Liquor Permit at Ibald Beverage, 16. Nays 0. a letter requesting that the hearing be Inc., DBA American Food Mart, 2603 held in Cleveland, Cuyahoga County. Woodhill Road, Cleveland, Ohio Res. No. 977-17. Section 3. That this resolution is 44104, Permit Number 4118410; and By Council Member Brancatelli. hereby declared to be an emergency requests the Superintendent of An emergency resolution object- measure and, provided it receives the Liquor Control to set a hearing for ing to the transfer of ownership of affirmative vote of two-thirds of all said application in accordance with a D5 Liquor Permit to 2218 Broad- the members elected to Council, it provisions of Section 4303.26 of the view Road. shall take effect and be in force Revised Code of Ohio. Whereas, Council has been noti- immediately upon its adoption and Section 2. That the Clerk of Council fied by the Division of Liquor Con- approval by the Mayor; otherwise, it be and she is hereby directed to trol of an application for the trans- shall take effect and be in force from transmit two certified copies of this fer of ownership of a D5 Liquor Per- and after the earliest period allowed resolution, together with two copies of mit from Rojanet, Inc., DBA by law. a letter of objection and two copies of Casablanca Restaurant & Lounge, Motion to suspend rules, Charter, a letter requesting that the hearing be 2218 Broadview Road, Cleveland, and statutory provisions and place held in Cleveland, Cuyahoga County. Ohio 44109, Permit Number on final adoption. Section 3. That this resolution is 74865650005 to Ibex Transportation, The rules were suspended. Yeas hereby declared to be an emergency LLC, DBA Lucy Ethiopian Restau- 16. Nays 0. Read second time. Read measure and, provided it receives the rant & Bar, 2218 Broadview Road, third time in full. Adopted. Yeas affirmative vote of two-thirds of all Cleveland, Ohio 44109, Permit Num- 16. Nays 0. the members elected to Council, it ber 4118908; and shall take effect and be in force Whereas, the granting of this Res. No. 978-17. immediately upon its adoption and application for a liquor permit to By Council Member Cummins. approval by the Mayor; otherwise, it this high crime area, which is An emergency resolution object- shall take effect and be in force from already saturated with other liquor ing to a New C1 Liquor Permit at and after the earliest period allowed 2704 Clark Avenue. outlets, is contrary to the best inter- by law. Whereas, Council has been noti- ests of the entire community; and Motion to suspend rules, Charter, fied by the Division of Liquor Con- Whereas, the applicant does not and statutory provisions and place trol of an application for a New C1 qualify to be a permit holder and/or on final adoption. Liquor Permit at Family Dollar has demonstrated that he has oper- The rules were suspended. Yeas Stores of Ohio, Inc., DBA Family ated his liquor business in disregard 16. Nays 0. Read second time. Read Dollar Stores, 1781, 2704 Clark of the laws, regulations or local third time in full. Adopted. Yeas Avenue, Cleveland, Ohio 44109, Per- 16. Nays 0. ordinances of this state or any other mit Number 26312750200; and state; and Whereas, the granting of this Res. No. 976-17. Whereas, the place for which the application for a liquor permit to By Council Member Dow. permit is sought has not conformed this high crime area, which is An emergency resolution with- to the building, safety or health already saturated with other liquor drawing objection to the transfer of requirements of the governing body outlets, is contrary to the best inter- ownership of a C2 and C2X Liquor of this County or City; and ests of the entire community; and Permit at 1905 East 55th Street and Whereas, the place for which the Whereas, the applicant does not repealing Resolution No. 392-17 permit is sought is so arranged or qualify to be a permit holder and/or objecting to said permit. constructed that law enforcement has demonstrated that he has oper- Whereas, this Council objected to officers or agents of the Division of ated his liquor business in disregard a transfer of ownership of a C2 and Liquor Control are prevented rea- of the laws, regulations or local C2X Liquor Permit to BD’s Ohio, sonable access to the establishment; ordinances of this state or any other Inc., DBA Grandpa’s Kitchen, 1905 and state; and East 55th Street, Cleveland, Ohio Whereas, the place for which the Whereas, the place for which the 44103, Permit Number 0347925 by permit is sought is so located with permit is sought has not conformed Resolution No. 392-17 adopted by the respect to the neighborhood that it to the building, safety or health Council on April 10, 2017; and substantially interferes with public requirements of the governing body Whereas, this Council wishes to decency, sobriety, peace or good of this County or City; and withdraw its objection to the above order; and Whereas, the place for which the permit and consents to said permit; Whereas, this objection is based permit is sought is so arranged or and on other legal grounds as set forth constructed that law enforcement Whereas, this resolution consti- in Revised Code Section 4303.292; officers or agents of the Division of tutes an emergency measure provid- and Liquor Control are prevented rea- ing for the usual daily operation of Whereas, this resolution consti- sonable access to the establishment; a municipal department; now, there- tutes an emergency measure provid- and fore, ing for the immediate preservation Whereas, the place for which the Be it resolved by the Council of the of the public peace, prosperity, safe- permit is sought is so located with City of Cleveland: ty and welfare pursuant to Section respect to the neighborhood that it Section 1. That objection to the 4303.26 of the Ohio Revised Code. substantially interferes with public transfer of ownership of a C2 and Council’s objection to said permit decency, sobriety, peace or good C2X Liquor Permit to BD’s Ohio, must be received by the Superinten- order; and Inc., DBA Grandpa’s Kitchen, 1905 dent of Liquor Control within 30 Whereas, this objection is based East 55th Street, Cleveland, Ohio days of notification; now, therefore, on other legal grounds as set forth 44103, Permit Number 0347925, be Be it resolved by the Council of the in Revised Code Section 4303.292; and the same is hereby withdrawn City of Cleveland: and 1464 August 23, 2017 The City Record 35

Whereas, this resolution consti- Section 2. That this resolution is of Revised Code Section 4303.292; tutes an emergency measure provid- hereby declared to be an emergency and ing for the immediate preservation measure and provided it receives the Whereas, the applicant is unfit to of the public peace, prosperity, safe- affirmative vote of two-thirds of all continue to engage in the liquor per- ty and welfare pursuant to Section the members elected to Council, it mit business in that he has operat- 4303.26 of the Ohio Revised Code. shall take effect and be in force ed his liquor permit business in a Council’s objection to said permit immediately upon its adoption and manner that demonstrates a disre- must be received by the Superinten- approval by the Mayor; otherwise, it gard for the laws, regulations or dent of Liquor Control within 30 shall take effect and be in force from local ordinances of the state, and days of notification; now, therefore, and after the earliest period allowed that this objection is based on other Be it resolved by the Council of the by law. legal grounds as set forth in City of Cleveland: Motion to suspend rules, Charter, Revised Code Section 4303.292; and Section 1. That Council does here- and statutory provisions and place Whereas, this resolution consti- by record its objection to a New C1 on final adoption. tutes an emergency measure provid- Liquor Permit at Family Dollar The rules were suspended. Yeas ing for the immediate preservation Stores of Ohio, Inc., DBA Family 16. Nays 0. Read second time. Read of the public peace, prosperity, safe- Dollar Stores, 1781, 2704 Clark third time in full. Adopted. Yeas ty and welfare pursuant to Section Avenue, Cleveland, Ohio 44109, Per- 16. Nays 0. 4303.271 of the Ohio Revised Code, mit Number 26312750200; and objections to renewal of liquor per- requests the Superintendent of Res. No. 980-17. mits shall be made no later than Liquor Control to set a hearing for By Council Member Kazy. thirty days prior to the expiration said application in accordance with An emergency resolution with- date of the permit; now, therefore, provisions of Section 4303.26 of the drawing objection to the transfer of Be it resolved by the Council of the Revised Code of Ohio. ownership of a C1 Liquor Permit at City of Cleveland: Section 2. That the Clerk of Council 4382 West 130th Street and repeal- Section 1. That Council does here- be and she is hereby directed to ing Resolution No. 368-17 objecting by record its objection to the renew- transmit two certified copies of this to said permit. al of a C1 and C2 Liquor Permit, resolution, together with two copies of Whereas, this Council objected to Permit No. 4969821 owned by Carla a letter of objection and two copies of a transfer of ownership of a C1 Lagrutta, DBA Quix, 870 East 185th a letter requesting that the hearing be Liquor Permit to Brooklyn To Cleve- Street, Cleveland, Ohio 44119 and held in Cleveland, Cuyahoga County. land, LLC, 4382 West 130th Street, requests the Superintendent of the Section 3. That this resolution is Cleveland, Ohio 44135, Permit Num- Division of Liquor Control to set a hereby declared to be an emergency ber 0978522 by Resolution No. 368-17 hearing for said application in measure and, provided it receives the adopted by the Council on April 3, accordance with provisions of Sec- affirmative vote of two-thirds of all 2017; and tion 4303.271 of the Revised Code of the members elected to Council, it Whereas, this Council wishes to Ohio. withdraw its objection to the above Section 2. That the Clerk of Council shall take effect and be in force permit and consents to said permit; be and she is hereby directed to immediately upon its adoption and and transmit two certified copies of this approval by the Mayor; otherwise, it Whereas, this resolution consti- resolution, together with two copies of shall take effect and be in force from tutes an emergency measure provid- a letter of objection and two copies of and after the earliest period allowed ing for the usual daily operation of a letter requesting that the hearing be by law. a municipal department; now, there- held in Cleveland, Cuyahoga County, Motion to suspend rules, Charter, fore, and a statement by the Director of and statutory provisions and place Be it resolved by the Council of the Law that, in the Director’s opinion, on final adoption. City of Cleveland: that the objection is based upon The rules were suspended. Yeas Section 1. That objection to the substantial legal grounds within the 16. Nays 0. Read second time. Read transfer of ownership of a C1 Liquor meaning and intent of division (A) of third time in full. Adopted. Yeas Permit to Brooklyn To Cleveland, Section 4303.292 of the Revised Code to 16. Nays 0. LLC, 4382 West 130th Street, Cleve- the Superintendent of the Division of land, Ohio 44135, Permit Number Liquor Control. Res. No. 979-17. 0978522, be and the same is hereby Section 3. That this resolution is By Council Member Zone. withdrawn and Resolution No. 368- hereby declared to be an emergency An emergency resolution with- 17, containing such objection, be and measure and, provided it receives the drawing objection to the renewal of the same is hereby repealed and affirmative vote of two-thirds of all a D5 and D6 Liquor Permit at 11526- that this Council consents to the the members elected to Council, it 11528 Clifton Boulevard and repeal- immediate permit thereof. shall take effect and be in force ing Resolution No. 980-16 objecting Section 2. That this resolution is immediately upon its adoption and to said renewal. hereby declared to be an emergency approval by the Mayor; otherwise, it Whereas, this Council objected to measure and provided it receives the shall take effect and be in force from the renewal of a D5 and D6 Liquor affirmative vote of two-thirds of all and after the earliest period allowed Permit to Tripod Tavern, Inc., DBA the members elected to Council, it by law. Tick Tock Tavern & Patio, 11526- shall take effect and be in force Motion to suspend rules, Charter, 11528 Clifton Boulevard, Cleveland, immediately upon its adoption and and statutory provisions and place Ohio 44102, Permanent Number approval by the Mayor; otherwise, it on final adoption. 9060830 by Resolution No. 980-16, shall take effect and be in force from The rules were suspended. Yeas adopted by the Council on August and after the earliest period allowed 16. Nays 0. Read second time. Read 10, 2016; and by law. third time in full. Adopted. Yeas Whereas, this Council wishes to Motion to suspend rules, Charter, 16. Nays 0. withdraw its objection to the above and statutory provisions and place permit and consents to said permit; on final adoption. Res. No. 982-17. and The rules were suspended. Yeas By Council Member Polensek. Whereas, this resolution consti- 16. Nays 0. Read second time. Read An emergency resolution object- tutes an emergency measure provid- third time in full. Adopted. Yeas ing to the renewal of a C1 and C2 ing for the usual daily operation of 16. Nays 0. Liquor Permit at 910 East 185th a municipal department; now, there- Street. fore, Res. No. 981-17. Whereas, the uniform date for Be it resolved by the Council of the By Council Member Polensek. renewal of liquor permits in the City of Cleveland: An emergency resolution object- State of Ohio is October 1st; and Section 1. That objection to the ing to the renewal of a C1 and C2 Whereas, pursuant to Section renewal of a D5 and D6 Liquor Per- Liquor Permit at 870 East 185th 4303.271 of the Revised Code, the mit to Tripod Tavern, Inc., DBA Street. legislative authority of a municipal Tick Tock Tavern & Patio, 11526- Whereas, the uniform date for corporation may object to the renew- 11528 Clifton Boulevard, Cleveland, renewal of liquor permits in the al of a permit based upon legal Ohio 44102, Permanent Number State of Ohio is October 1st; and grounds as set forth in division (A) 9060830, be and the same is hereby Whereas, pursuant to Section of Revised Code Section 4303.292; withdrawn and Resolution No. 980- 4303.271 of the Revised Code, the and 16, containing such objection, be and legislative authority of a municipal Whereas, the applicant is unfit to the same is hereby repealed and corporation may object to the renew- continue to engage in the liquor per- that this Council consents to the al of a permit based upon legal mit business in that he has operat- immediate permit thereof. grounds as set forth in division (A) ed his liquor permit business in a 1465 36 The City Record August 23, 2017 manner that demonstrates a disre- Whereas, this resolution consti- objections to renewal of liquor per- gard for the laws, regulations or tutes an emergency measure provid- mits shall be made no later than local ordinances of the state, and ing for the immediate preservation thirty days prior to the expiration that this objection is based on other of the public peace, prosperity, safe- date of the permit; now, therefore, legal grounds as set forth in ty and welfare pursuant to Section Be it resolved by the Council of the Revised Code Section 4303.292; and 4303.271 of the Ohio Revised Code, City of Cleveland: Whereas, this resolution consti- objections to renewal of liquor per- Section 1. That Council does here- tutes an emergency measure provid- mits shall be made no later than by record its objection to the renew- ing for the immediate preservation thirty days prior to the expiration al of a D2, D2X, D3 and D3A Liquor of the public peace, prosperity, safe- date of the permit; now, therefore, Permit, Permit No. 4940713 owned by ty and welfare pursuant to Section Be it resolved by the Council of the Theresa A. Kurtz, 3924 East 71st 4303.271 of the Ohio Revised Code, City of Cleveland: Street, 1st floor, Cleveland, Ohio objections to renewal of liquor per- Section 1. That Council does here- 44105 and requests the Superinten- mits shall be made no later than by record its objection to the renew- dent of the Division of Liquor Con- thirty days prior to the expiration al of a C1 and C2 Liquor Permit, trol to set a hearing for said appli- date of the permit; now, therefore, Permit No. 6548354 owned by 1303 cation in accordance with provisions Be it resolved by the Council of the Clark, Inc., 1303 Clark Avenue, of Section 4303.271 of the Revised City of Cleveland: Cleveland, Ohio 44109 and requests Code of Ohio. Section 1. That Council does here- the Superintendent of the Division Section 2. That the Clerk of Council by record its objection to the renew- of Liquor Control to set a hearing be and she is hereby directed to al of a C1 and C2 Liquor Permit, for said application in accordance transmit two certified copies of this Permit No. 6857042 owned by Petro with provisions of Section 4303.271 resolution, together with two copies of Energy Northeast, Inc., 910 East of the Revised Code of Ohio. a letter of objection and two copies of 185th Street, Cleveland, Ohio 44119 Section 2. That the Clerk of Council a letter requesting that the hearing be and requests the Superintendent of be and she is hereby directed to held in Cleveland, Cuyahoga County, the Division of Liquor Control to set transmit two certified copies of this and a statement by the Director of a hearing for said application in resolution, together with two copies of Law that, in the Director’s opinion, accordance with provisions of Sec- a letter of objection and two copies of that the objection is based upon tion 4303.271 of the Revised Code of a letter requesting that the hearing be substantial legal grounds within the Ohio. held in Cleveland, Cuyahoga County, meaning and intent of division (A) of Section 2. That the Clerk of Council and a statement by the Director of Section 4303.292 of the Revised Code to be and she is hereby directed to Law that, in the Director’s opinion, the Superintendent of the Division of transmit two certified copies of this that the objection is based upon Liquor Control. resolution, together with two copies of substantial legal grounds within the Section 3. That this resolution is a letter of objection and two copies of meaning and intent of division (A) of hereby declared to be an emergency a letter requesting that the hearing be Section 4303.292 of the Revised Code to measure and, provided it receives the held in Cleveland, Cuyahoga County, the Superintendent of the Division of affirmative vote of two-thirds of all and a statement by the Director of Liquor Control. the members elected to Council, it Law that, in the Director’s opinion, Section 3. That this resolution is shall take effect and be in force that the objection is based upon hereby declared to be an emergency immediately upon its adoption and substantial legal grounds within the measure and, provided it receives the approval by the Mayor; otherwise, it meaning and intent of division (A) of affirmative vote of two-thirds of all shall take effect and be in force from Section 4303.292 of the Revised Code to the members elected to Council, it and after the earliest period allowed the Superintendent of the Division of shall take effect and be in force by law. Liquor Control. immediately upon its adoption and Motion to suspend rules, Charter, Section 3. That this resolution is approval by the Mayor; otherwise, it and statutory provisions and place hereby declared to be an emergency shall take effect and be in force from on final adoption. measure and, provided it receives the and after the earliest period allowed The rules were suspended. Yeas affirmative vote of two-thirds of all by law. 16. Nays 0. Read second time. Read the members elected to Council, it Motion to suspend rules, Charter, third time in full. Adopted. Yeas shall take effect and be in force and statutory provisions and place 16. Nays 0. immediately upon its adoption and on final adoption. approval by the Mayor; otherwise, it The rules were suspended. Yeas Res. No. 985-17. shall take effect and be in force from 16. Nays 0. Read second time. Read By Council Member Brancatelli. and after the earliest period allowed third time in full. Adopted. Yeas An emergency resolution object- by law. 16. Nays 0. ing to the renewal of a C1 and C2 Motion to suspend rules, Charter, Liquor Permit at 6506 Fleet Avenue. and statutory provisions and place Res. No. 984-17. Whereas, the uniform date for on final adoption. By Council Member Brancatelli. renewal of liquor permits in the The rules were suspended. Yeas An emergency resolution object- State of Ohio is October 1st; and 16. Nays 0. Read second time. Read ing to the renewal of a D2, D2X, D3 Whereas, pursuant to Section third time in full. Adopted. Yeas and D3A Liquor Permit at 3924 East 4303.271 of the Revised Code, the 16. Nays 0. 71st Street, 1st floor. legislative authority of a municipal Whereas, the uniform date for corporation may object to the renew- Res. No. 983-17. renewal of liquor permits in the al of a permit based upon legal By Council Member Brancatelli. State of Ohio is October 1st; and grounds as set forth in division (A) An emergency resolution object- Whereas, pursuant to Section of Revised Code Section 4303.292; ing to the renewal of a C1 and C2 4303.271 of the Revised Code, the and Liquor Permit at 1303 Clark Avenue. legislative authority of a municipal Whereas, the applicant is unfit to Whereas, the uniform date for corporation may object to the renew- continue to engage in the liquor per- renewal of liquor permits in the al of a permit based upon legal mit business in that he has operat- State of Ohio is October 1st; and grounds as set forth in division (A) ed his liquor permit business in a Whereas, pursuant to Section of Revised Code Section 4303.292; manner that demonstrates a disre- 4303.271 of the Revised Code, the and gard for the laws, regulations or legislative authority of a municipal Whereas, the applicant is unfit to local ordinances of the state, and corporation may object to the renew- continue to engage in the liquor per- that this objection is based on other al of a permit based upon legal mit business in that he has operat- legal grounds as set forth in grounds as set forth in division (A) ed his liquor permit business in a Revised Code Section 4303.292; and of Revised Code Section 4303.292; manner that demonstrates a disre- Whereas, this resolution consti- and gard for the laws, regulations or tutes an emergency measure provid- Whereas, the applicant is unfit to local ordinances of the state, and ing for the immediate preservation continue to engage in the liquor per- that this objection is based on other of the public peace, prosperity, safe- mit business in that he has operat- legal grounds as set forth in ty and welfare pursuant to Section ed his liquor permit business in a Revised Code Section 4303.292; and 4303.271 of the Ohio Revised Code, manner that demonstrates a disre- Whereas, this resolution consti- objections to renewal of liquor per- gard for the laws, regulations or tutes an emergency measure provid- mits shall be made no later than local ordinances of the state, and ing for the immediate preservation thirty days prior to the expiration that this objection is based on other of the public peace, prosperity, safe- date of the permit; now, therefore, legal grounds as set forth in ty and welfare pursuant to Section Be it resolved by the Council of the Revised Code Section 4303.292; and 4303.271 of the Ohio Revised Code, City of Cleveland: 1466 August 23, 2017 The City Record 37

Section 1. That Council does here- approval by the Mayor; otherwise, it Whereas, this resolution consti- by record its objection to the renew- shall take effect and be in force from tutes an emergency measure provid- al of a C1 and C2 Liquor Permit, and after the earliest period allowed ing for the usual daily operation of Permit No. 7638470 owned by 6506 by law. a municipal department; now, there- Fleet Avenue, LLC, 6506 Fleet Motion to suspend rules, Charter, fore, Avenue, Cleveland, Ohio 44105 and and statutory provisions and place Be it resolved by the Council of the requests the Superintendent of the on final adoption. City of Cleveland: Division of Liquor Control to set a The rules were suspended. Yeas Section 1. That objection to the hearing for said application in 16. Nays 0. Read second time. Read transfer of ownership of a C2 and accordance with provisions of Sec- third time in full. Adopted. Yeas C2X Liquor Permit to 10301 St. Clair tion 4303.271 of the Revised Code of 16. Nays 0. Avenue, LLC, 10301 and 10305 St. Ohio. Clair Avenue, Cleveland, Ohio 44108, Section 2. That the Clerk of Council Res. No. 987-17. Permit Number 9115186, be and the be and she is hereby directed to By Council Member Conwell. same is hereby withdrawn and Res- transmit two certified copies of this An emergency resolution with- olution No. 1210-16, containing such resolution, together with two copies of drawing objection to the transfer of objection, be and the same is here- a letter of objection and two copies of ownership of a C2 and C2X Liquor by repealed and that this Council a letter requesting that the hearing be Permit at 891 Lakeview Road and consents to the immediate permit held in Cleveland, Cuyahoga County, repealing Resolution No. 324-17 thereof. and a statement by the Director of objecting to said permit. Section 2. That this resolution is Law that, in the Director’s opinion, Whereas, this Council objected to hereby declared to be an emergency that the objection is based upon a transfer of ownership of a C2 and measure and provided it receives the substantial legal grounds within the C2X Liquor Permit to Leena Foods, affirmative vote of two-thirds of all meaning and intent of division (A) of Inc., DBA In & Out Beverage, 891 the members elected to Council, it Section 4303.292 of the Revised Code to Lakeview Road, Cleveland, Ohio shall take effect and be in force the Superintendent of the Division of 44108, Permit Number 5084455 by immediately upon its adoption and Liquor Control. Resolution No. 324-17 adopted by the approval by the Mayor; otherwise, it Section 3. That this resolution is Council on March 27, 2017; and shall take effect and be in force from hereby declared to be an emergency Whereas, this Council wishes to and after the earliest period allowed measure and, provided it receives the withdraw its objection to the above by law. affirmative vote of two-thirds of all permit and consents to said permit; Motion to suspend rules, Charter, the members elected to Council, it and and statutory provisions and place shall take effect and be in force Whereas, this resolution consti- on final adoption. immediately upon its adoption and tutes an emergency measure provid- The rules were suspended. Yeas approval by the Mayor; otherwise, it ing for the usual daily operation of 16. Nays 0. Read second time. Read shall take effect and be in force from a municipal department; now, there- third time in full. Adopted. Yeas and after the earliest period allowed fore, 16. Nays 0. by law. Be it resolved by the Council of the Motion to suspend rules, Charter, City of Cleveland: Res. No. 989-17. and statutory provisions and place Section 1. That objection to the By Council Members Kelley and on final adoption. transfer of ownership of a C2 and Zone. The rules were suspended. Yeas C2X Liquor Permit to Leena Foods, An emergency resolution appoint- 16. Nays 0. Read second time. Read Inc., DBA In & Out Beverage, 891 ing one member to the Civilian third time in full. Adopted. Yeas Lakeview Road, Cleveland, Ohio Police Review Board. 16. Nays 0. 44108, Permit Number 5084455, be Whereas, section 115-2 of the Char- and the same is hereby withdrawn ter of the City of Cleveland, effec- Res. No. 986-17. and Resolution No. 324-17, contain- tive November 8, 2016, requires that By Council Member Conwell. ing such objection, be and the same Council appoint four members to the An emergency resolution with- is hereby repealed and that this nine-member Civilian Police Review drawing objection to a New C1 Council consents to the immediate Board; and Liquor Permit at 7914-16 St. Clair permit thereof. Whereas, pursuant to Charter sec- Avenue and repealing Resolution Section 2. That this resolution is tion 115-2, and having filled three No. 373-17, objecting to said permit. hereby declared to be an emergency seats by Resolution No. 146-17, Whereas, this Council objected to measure and provided it receives the adopted February 6, 2017, Council a New C1 Liquor Permit at Califor- affirmative vote of two-thirds of all requested and has reviewed appli- nia Market, Inc., DBA California the members elected to Council, it cations to fill one vacancy on the Market, 7914-16 St. Clair Avenue, shall take effect and be in force Civilian Police Review Board and Cleveland, Ohio 44103, Permit Num- immediately upon its adoption and has selected from the applicants a ber 11924530005 by Resolution No. approval by the Mayor; otherwise, it member to the Board whose term 373-17 adopted by the Council on shall take effect and be in force from begins August 8, 2017; and April 3, 2017; and and after the earliest period allowed Whereas, this resolution consti- Whereas, this Council wishes to by law. tutes an emergency measure for the withdraw its objection to the above Motion to suspend rules, Charter, immediate preservation of public permit and consents to said permit; and statutory provisions and place peace, property, health or safety, in and on final adoption. that Council must fill one more seat Whereas, this resolution consti- The rules were suspended. Yeas on the Civilian Police Review Board tutes an emergency measure provid- 16. Nays 0. Read second time. Read so that it complies with its obliga- ing for the usual daily operation of third time in full. Adopted. Yeas tions under the Charter, now, there- a municipal department; now, there- 16. Nays 0. fore, fore, Be it resolved by the Council of the Be it resolved by the Council of the Res. No. 988-17. City of Cleveland: City of Cleveland: By Council Member Conwell. Section 1. That this Council here- Section 1. That objection to a New An emergency resolution with- by appoints the following individual C1 Liquor Permit at California Mar- drawing objection to the transfer of to the Civilian Police Review Board: ket, Inc., DBA California Market, ownership of a C2 and C2X Liquor 7914-16 St. Clair Avenue, Cleveland, Permit at 10305 St. Clair and repeal- Appointee Term Ohio 44103, Permit Number ing Resolution No. 1210-16 objecting Ernest G. Turner August 8, 2017 – 11924530005, be and the same is here- to said permit. August 8, 2021 by withdrawn and Resolution No. Whereas, this Council objected to 373-17, containing such objection, be a transfer of ownership of a C2 and Section 2. That this resolution is and the same is hereby repealed and C2X Liquor Permit to 10301 St. Clair hereby declared to be an emergency that this Council consents to the Avenue, LLC, 10301 and 10305 St. measure and, provided it receives the immediate permit thereof. Clair Avenue, Cleveland, Ohio 44108, affirmative vote of two-thirds of all Section 2. That this resolution is Permit Number 9115186 by Resolu- the members elected to Council, it hereby declared to be an emergency tion No. 1210-16-17 adopted by the shall take effect and be in force measure and provided it receives the Council on October 10, 2016; and immediately upon its adoption and affirmative vote of two-thirds of all Whereas, this Council wishes to approval by the Mayor; otherwise it the members elected to Council, it withdraw its objection to the above shall take effect and be in force from shall take effect and be in force permit and consents to said permit; and after the earliest period allowed immediately upon its adoption and and by law. 1467 38 The City Record August 23, 2017

Motion to suspend rules, Charter, The rules were suspended. Yeas Res. No. 1008-17. and statutory provisions and place 16. Nays 0. Read second time. Read By Council Member Zone. on final adoption. third time in full. Adopted. Yeas An emergency resolution object- The rules were suspended. Yeas 16. Nays 0. ing to the renewal of a D2 and D2X 16. Nays 0. Read second time. Read Liquor Permit at 8002 Detroit third time in full. Adopted. Yeas Res. No. 1007-17. Avenue. 16. Nays 0. By Council Member Zone. Whereas, tthe uniform date for An emergency resolution object- renewal of liquor permits in the Res. No. 1006-17. ing to the renewal of a D1, D2, D3, State of Ohio is October 1st; and By Council Member Zone. D3A and D6 Liquor Permit at 7932- Whereas, pursuant to Section An emergency resolution object- 36 Lorain Avenue, 1st floor and 4303.271 of the Revised Code, the ing to the renewal of a C1 Liquor basement. legislative authority of a municipal Permit at 1871-77 West 65th Street, Whereas, the uniform date for corporation may object to the renew- 1st floor and basement. renewal of liquor permits in the al of a permit based upon legal Whereas, the uniform date for State of Ohio is October 1st; and grounds as set forth in division (A) renewal of liquor permits in the Whereas, pursuant to Section of Revised Code Section 4303.292; State of Ohio is October 1st; and 4303.271 of the Revised Code, the and Whereas, pursuant to Section legislative authority of a municipal Whereas, the applicant is unfit to 4303.271 of the Revised Code, the corporation may object to the renew- continue to engage in the liquor per- legislative authority of a municipal al of a permit based upon legal mit business in that he has operat- corporation may object to the renew- grounds as set forth in division (A) ed his liquor permit business in a al of a permit based upon legal of Revised Code Section 4303.292; manner that demonstrates a disre- grounds as set forth in division (A) and gard for the laws, regulations or of Revised Code Section 4303.292; Whereas, the applicant is unfit to local ordinances of the state, and and continue to engage in the liquor per- that this objection is based on other Whereas, the applicant is unfit to mit business in that he has operat- legal grounds as set forth in continue to engage in the liquor per- ed his liquor permit business in a Revised Code Section 4303.292; and mit business in that he has operat- manner that demonstrates a disre- Whereas, this resolution consti- tutes an emergency measure provid- ed his liquor permit business in a gard for the laws, regulations or ing for the immediate preservation manner that demonstrates a disre- local ordinances of the state, and of the public peace, prosperity, safe- gard for the laws, regulations or that this objection is based on other ty and welfare pursuant to Section local ordinances of the state, and legal grounds as set forth in 4303.271 of the Ohio Revised Code, that this objection is based on other Revised Code Section 4303.292; and objections to renewal of liquor per- legal grounds as set forth in Whereas, this resolution consti- mits shall be made no later than tutes an emergency measure provid- Revised Code Section 4303.292; and thirty days prior to the expiration ing for the immediate preservation Whereas, this resolution consti- date of the permit; now, therefore, of the public peace, prosperity, safe- tutes an emergency measure provid- Be it resolved by the Council of the ty and welfare pursuant to Section ing for the immediate preservation City of Cleveland: 4303.271 of the Ohio Revised Code, of the public peace, prosperity, safe- Section 1. That Council does here- ty and welfare pursuant to Section objections to renewal of liquor per- by record its objection to the renew- 4303.271 of the Ohio Revised Code, mits shall be made no later than al of a D2 and D2X Liquor Permit, objections to renewal of liquor per- thirty days prior to the expiration Permit No. 7646575 owned by S & S mits shall be made no later than date of the permit; now, therefore, Detroit LLC, DBA American Food thirty days prior to the expiration Be it resolved by the Council of the Market, 8002 Detroit Avenue, Cleve- date of the permit; now, therefore, City of Cleveland: land, Ohio 44102 and requests the Be it resolved by the Council of the Section 1. That Council does here- Superintendent of the Division of City of Cleveland: by record its objection to the renew- Liquor Control to set a hearing for Section 1. That Council does here- al of a D1, D2, D3, D3A and D6 said application in accordance with by record its objection to the renew- Liquor Permit, Permit No. 7999905 provisions of Section 4303.271 of the al of a C1 Liquor Permit, Permit No. owned by 79L Corp., 7932-36 Lorain Revised Code of Ohio. 9554895 owned by West 65th Street Avenue, 1st floor and basement, Section 2. That the Clerk of Council Beverage & Deli, Inc., DBA West Cleveland, Ohio 44102 and requests be and she is hereby directed to 65th Street Market, 1871-77 West the Superintendent of the Division transmit two certified copies of this 65th Street, 1st floor and basement, of Liquor Control to set a hearing resolution, together with two copies of for said application in accordance Cleveland, Ohio 44102 and requests a letter of objection and two copies of with provisions of Section 4303.271 the Superintendent of the Division a letter requesting that the hearing be of the Revised Code of Ohio. of Liquor Control to set a hearing held in Cleveland, Cuyahoga County, Section 2. That the Clerk of Council for said application in accordance and a statement by the Director of be and she is hereby directed to with provisions of Section 4303.271 Law that, in the Director’s opinion, transmit two certified copies of this that the objection is based upon of the Revised Code of Ohio. resolution, together with two copies of substantial legal grounds within the Section 2. That the Clerk of Council a letter of objection and two copies of meaning and intent of division (A) of be and she is hereby directed to a letter requesting that the hearing be Section 4303.292 of the Revised Code to transmit two certified copies of this held in Cleveland, Cuyahoga County, the Superintendent of the Division of resolution, together with two copies of and a statement by the Director of Liquor Control. a letter of objection and two copies of Law that, in the Director’s opinion, Section 3. That this resolution is a letter requesting that the hearing be that the objection is based upon hereby declared to be an emergency held in Cleveland, Cuyahoga County, substantial legal grounds within the measure and, provided it receives the and a statement by the Director of meaning and intent of division (A) of affirmative vote of two-thirds of all Law that, in the Director’s opinion, Section 4303.292 of the Revised Code to the members elected to Council, it that the objection is based upon the Superintendent of the Division of shall take effect and be in force substantial legal grounds within the Liquor Control. immediately upon its adoption and meaning and intent of division (A) of Section 3. That this resolution is approval by the Mayor; otherwise, it Section 4303.292 of the Revised Code to hereby declared to be an emergency shall take effect and be in force from the Superintendent of the Division of measure and, provided it receives the and after the earliest period allowed Liquor Control. affirmative vote of two-thirds of all by law. Section 3. That this resolution is the members elected to Council, it Motion to suspend rules, Charter, hereby declared to be an emergency shall take effect and be in force and statutory provisions and place measure and, provided it receives the immediately upon its adoption and on final adoption. affirmative vote of two-thirds of all approval by the Mayor; otherwise, it The rules were suspended. Yeas the members elected to Council, it shall take effect and be in force from 16. Nays 0. Read second time. Read shall take effect and be in force and after the earliest period allowed third time in full. Adopted. Yeas immediately upon its adoption and by law. 16. Nays 0. approval by the Mayor; otherwise, it Motion to suspend rules, Charter, shall take effect and be in force from and statutory provisions and place Res. No. 1010-17. and after the earliest period allowed on final adoption. By Council Members Cleveland, by law. The rules were suspended. Yeas McCormack, Kelley, Zone, Brady, Motion to suspend rules, Charter, 16. Nays 0. Read second time. Read Brancatelli, Conwell, Cummins, Dow, and statutory provisions and place third time in full. Adopted. Yeas Griffin, J. Johnson, K. Johnson, Kazy, on final adoption. 16. Nays 0. Keane, Polensek, and Pruitt. 1468 August 23, 2017 The City Record 39

An emergency resolution opposing and Ashbury Avenue for future Passage recommended by Commit- the proposed ban of transgender development. tees on Development Planning and people in the military. Approved by Directors of Eco- Sustainability Finance, when Whereas, on July 26, 2017, the nomic Development, City Planning amended, as follows: President of the United States Commission, Finance, Law; Passage 1. In the title, line 6, strike “First announced, in a series of tweets, his recommended by Committees on Floor Retail” and insert “Neighbor- plans to bar transgender Americans Development Planning and Sustain- hood Retail Infill”. from serving in the US military; and ability, Finance. 2. In Section 2, line 2, strike Whereas, this proposed ban would The rules were suspended. Yeas “agreement” and insert “agree- keep transgender individuals from 16. Nays 0. Read second time. Read ments”. serving in any branch of the mili- third time in full. Passed. Yeas 16. 3. In Section 3, line 2, strike “The tary in any capacity; and Nays 0. Retail Infill and Facade Program” Whereas, this proposed ban and insert ““The Neighborhood wrongfully and unreasonably denies Ord. No. 559-17. Retail Infill Program””. the rights of patriotic and brave By Mayor Jackson, Council Mem- 4. In Section 4, line 2, strike “the “First Floor Retail Program”” and transgender men and women to bers Brancatelli and Kelley. insert ““The Neighborhood Retail serve our country and pursue a An emergency ordinance authoriz- Improvement Program””. rewarding public service career ing the Directors of Economic Devel- opment and/or Community Develop- 5. In existing Section 5, line 1, path; and strike “program” and insert “pro- Whereas, further, the proposed ment to enter into one or more agreements with the Greater Cleve- grams”. ban deprives our country of the tal- land Habitat for Humanity, Inc. for 6. Insert new Section 5 to read as ent and skills that transgender the purposes of constructing or reha- follows: troops provide and will weaken our bilitating housing in targeted areas. “Section 5. That the Director of overall military readiness; and Approved by Directors of Eco- Economic Development is autho- Whereas, 56 retired generals and nomic Development, Community rized to charge and accept fees in admirals from every branch of the Development, Finance, Law; Pas- an amount not to exceed the maxi- military signed a letter opposing the sage recommended by Committees mum allowable fees under federal proposed ban saying: “Patriotic on Development Planning and Sus- regulations and the fees are appro- transgender Americans who are tainability, Finance. priated to cover costs incurred in serving or want to serve must not The rules were suspended. Yeas the preparation of the loan applica- be dismissed, deprived of medically 16. Nays 0. Read second time. Read tions, closing, and servicing of the necessary health care, forced to com- third time in full. Passed. Yeas 16. loans. The fees shall be deposited to promise their integrity or hide their Nays 0. and expended from Fund No. 17 SF identity”; and 305, Loan Fees Fund.”. Whereas, we must remain diligent Ord. No. 560-17. 7. Re-number existing Sections “5, in the fight against discrimination, By Mayor Jackson, Council Mem- 6, 7, and 8” to new “Sections 6, 7, 8, and support equal rights for all, bers Brancatelli and Kelley. and 9”. regardless of race, gender, religion, An emergency ordinance authoriz- 8. In existing Section 6, line 3, sexual orientation or gender identi- ing the Director of Economic Devel- strike “loan” and insert “loans”. fication; and opment to enter into an agreement Amendments agreed to. The rules were suspended. Yeas Whereas, this resolution consti- with the Cleveland Citywide Devel- 16. Nays 0. Read second time. Read tutes an emergency measure for the opment Corp., or its designee, to pro- third time in full. Passed. Yeas 16. immediate preservation of public vide forgivable loans for improve- Nays 0. peace, property, health, or safety, ments to retail facilities in one or In compliance with Section 33 of now, therefore, more mixed-use developments. the Charter a copy of the legislation Be it resolved by the Council of the Approved by Directors of Eco- was furnished to each member of City of Cleveland: nomic Development, Finance, Law; Council before final passage. Section 1. That this Council oppos- Passage recommended by Commit- es the proposed ban of transgender tees on Development Planning and Ord. No. 562-17. people in the military. Sustainability, Finance, when By Mayor Jackson, Council Mem- Section 2. That the Clerk of Council amended, as follows: bers Brancatelli and Kelley. is directed to transmit copies of this 1. In Section 2, lines 6 and 7 after An emergency ordinance authoriz- resolution to the President of the “entrepreneurs” strike “, in accor- ing the Director of Economic Devel- United States, all members of dance with Chapter 165 of the opment to enter into an agreement Congress, Governor John Kasich and Revised Code”; and at the end of the with Capital Impact Partners, or its all members of the Ohio House and section, after “ordinance.” insert: designee, to make loans for mixed- Senate. “Any loans entered into under this use projects in the City of Cleve- Section 3. That this resolution is ordinance shall require additional land. hereby declared to be an emergency legislative authority.”. Approved by Directors of Eco- measure and, provided it receives the Amendment agreed to. nomic Development, Finance, Law; affirmative vote of two-thirds of all The rules were suspended. Yeas Passage recommended by Commit- the members elected to Council, it 16. Nays 0. Read second time. Read tees on Development Planning and shall take effect and be in force third time in full. Passed. Yeas 16. Sustainability, Finance, when immediately upon its adoption and Nays 0. amended, as follows: approval by the Mayor; otherwise, it In compliance with Section 33 of 1. In Section 3, at the end, insert: shall take effect and be in force from the Charter a copy of the legislation “The Director of Economic Develop- and after the earliest period allowed was furnished to each member of ment shall obtain approval by the by law. Council before final passage. Council President and the Council Motion to suspend rules, Charter, Member in whose ward the project and statutory provisions and place Ord. No. 561-17. will be located prior to entering into on final adoption. By Mayor Jackson, Council Mem- a loan agreement with a developer The rules were suspended. Yeas bers Brancatelli and Kelley. under this ordinance.”. 16. Nays 0. Read second time. Read An emergency ordinance authoriz- Amendment agreed to. third time in full. Adopted. Yeas ing the Director of Economic Devel- The rules were suspended. Yeas 16. Nays 0. opment to enter into one or more 16. Nays 0. Read second time. Read agreements with eligible small busi- third time in full. Passed. Yeas 16. SECOND READING EMERGENCY nesses or merchants, under the Nays 0. ORDINANCES PASSED Neighborhood Retail Improvement In compliance with Section 33 of Program and First Floor Retail Pro- the Charter a copy of the legislation Ord. No. 557-17. gram, to provide loans or forgivable was furnished to each member of By Mayor Jackson, Council Mem- loans for costs associated with Council before final passage. bers Conwell, Brancatelli and Kel- improvements to retail spaces, ley. including acquisition, construction, Ord. No. 563-17. An emergency ordinance authoriz- and purchase of furniture, fixtures, By Mayor Jackson, Council Mem- ing an agreement with Famicos and equipment. bers Brancatelli and Kelley. Foundation to acquire certain prop- Approved by Directors of Eco- An emergency ordinance authoriz- erty located near East 105th Street nomic Development, Finance, Law; ing the Directors of Community 1469 40 The City Record August 23, 2017

Development and/or Economic The rules were suspended. Yeas scientific and in-line process analyt- Development to enter into an agree- 16. Nays 0. Read second time. Read ical instruments manufactured by ment with Cleveland Citywide third time in full. Passed. Yeas 16. Hach Company used to monitor the Development Corporation, or its Nays 0. drinking water purification process, designees, to implement several pro- for the Division of Water, Depart- grams in order to improve housing Ord. No. 763-17. ment of Public Utilities, for a peri- opportunities in the neighborhoods By Council Member Griffin. od of two years, with an option to of the City of Cleveland. An emergency ordinance to add renew for an additional one-year Approved by Directors of Commu- the name Alma Cooper Way as a period, which shall require addi- nity Development, Economic Devel- secondary and honorary name to tional legislation. opment, Finance, Law; Passage rec- Hulda Avenue from Woodhill Road Approved by Directors of Public ommended by Committees on Devel- to East 110th Street. Utilities, Finance, Law; Passage rec- opment Planning and Sustainability, Approved by Committee on ommended by Committees on Utili- Finance, when amended, as follows: Finance. ties, Finance. 1. In Section 3, line 2 strike The rules were suspended. Yeas The rules were suspended. Yeas “Funds” and insert ”Fund”; and in 16. Nays 0. Read second time. Read 16. Nays 0. Read second time. Read line 3, at the end, insert: “Any loans third time in full. Passed. Yeas 16. third time in full. Passed. Yeas 16. entered into under this section shall Nays 0. Nays 0. require additional legislative authority.”. Ord. No. 814-17. Ord. No. 825-17. Amendment agreed to. By Council Member McCormack. By Council Members Brancatelli The rules were suspended. Yeas An emergency ordinance desig - and Kelley (by departmental 16. Nays 0. Read second time. Read nating St. John Cantius Parish Con- request). third time in full. Passed. Yeas 16. vent (aka the Matt Talbot Inn) as An emergency ordinance appropri- Nays 0. a Cleveland Landmark. ating Community Develop ment In compliance with Section 33 of Approved by Directors of City Block Grant funds for anti-predato- the Charter a copy of the legislation Planning Commission, Law; Passage ry lending and fore closure preven- was furnished to each member of recommended by Committee on tion assistance, financial literacy Council before final passage. Development, Planning and Sustain- programs, fair housing, and admin- ability. istrative costs to implement the pro- Ord. No. 564-17. The rules were suspended. Yeas grams. By Mayor Jackson, Council Mem- 16. Nays 0. Read second time. Read Approved by Directors of Commu- bers Brancatelli and Kelley. third time in full. Passed. Yeas 16. nity Development, Finance, Law; An emergency ordinance authoriz- Nays 0. Passage recommended by Commit- ing the Director of Economic Devel- tees on Development Planning and opment to enter into one or more Ord. No. 816-17. Sustainability, Finance. agreements with JumpStart, Inc., By Council Member J. Johnson. The rules were suspended. Yeas Economic and Community Develop- An emergency ordinance desig - 16. Nays 0. Read second time. Read ment Institute, Inc., and Urban nating Beulah Baptist Church (aka third time in full. Passed. Yeas 16. League of Greater Cleveland, Inc., Collinwood Church of Christ) as a Nays 0. or their designees, to assist with Cleveland Landmark. neighborhood entrepreneurship and Approved by Directors of City Ord. No. 826-17. workforce development. Planning Commission, Law; Passage By Council Members Brancatelli Approved by Directors of Eco- recommended by Committee on and Kelley (by departmental nomic Development, Finance, Law; Development, Planning and Sustain- request). Passage recommended by Commit- ability. An emergency ordinance authoriz- tees on Development Planning and The rules were suspended. Yeas ing the Director of Community Sustainability, Finance, when 16. Nays 0. Read second time. Read Development to enter into contracts amended, as follows: third time in full. Passed. Yeas 16. with one or more non-profit agencies 1. Insert new Section 4 to read as Nays 0. to operate a community garden pro- follows: gram. “Section 4. That the Director of Ord. No. 823-17. Approved by Directors of Commu- Economic Development is autho- By Council Member Kelley (by nity Development, Finance, Law; rized to accept such collateral as the departmental request). Passage recommended by Commit- director determines is sufficient in An emergency ordinance to amend tees on Development Planning and order to secure repayment of the Section 7 of Ordinance No. 323-15, Sustainability, Finance. loan.” passed March 30, 2015, as amended, The rules were suspended. Yeas 2. Re-number existing Sections “4 relating to compensation for various 16. Nays 0. Read second time. Read and 5” to new “Sections 5 and 6”. classifications. third time in full. Passed. Yeas 16. Amendments agreed to. Approved by Directors of Human Nays 0. The rules were suspended. Yeas Resources, Finance, Law; Passage 16. Nays 0. Read second time. Read recommended by Committee on Ord. No. 827-17. third time in full. Passed. Yeas 16. Finance, when amended, as follows: By Council Members Brancatelli Nays 0. 1. In Section 1, at amended Section and Kelley (by departmental In compliance with Section 33 of 7, at the first classification entitled request). the Charter a copy of the legislation “Animal Care Worker”, strike the An emergency ordinance appropri- was furnished to each member of minimum and maximum rates and ating Community Development Council before final passage. insert: “$13.00” and “$15.00”. Block Grant funds for expenses for Amendment agreed to. the Demolition Program and emer- Ord. No. 642-17. The rules were suspended. Yeas gency contracts under the Board-up By Council Members Dow, Con- 16. Nays 0. Read second time. Read Program; authorizing the Director of well, K. Johnson and Brancatelli third time in full. Passed. Yeas 16. Building and Housing to enter into (by departmental request). Nays 0. one or more contracts with various An emergency ordinance authoriz- In compliance with Section 33 of agencies to implement these pro- ing the Director of Capital Projects the Charter a copy of the legislation grams; and authorizing the purchase to issue a permit to Case Western was furnished to each member of by one or more requirement con- Reserve University to encroach into Council before final passage. tracts for the items of labor and the public right-of-way of East 101st materials necessary to implement Street and East 105th Street by Ord. No. 824-17. the Board-up Program. installing, using, and maintaining By Council Members Pruitt and Approved by Directors of Commu- utility crossings. Kelley (by departmental request). nity Development, Building and Approved by Directors of Capital An emergency ordinance authoriz- Housing, Finance, Law; Passage rec- Projects, City Planning Commission, ing the Director of Public Utilities ommended by Committees on Devel- Finance, Law; Passage recommend- to enter into one or more contracts opment Planning and Sustainability, ed by Committees on Municipal Ser- without competitive bidding with Finance. vices and Properties, Development Hach Company to maintain, service, The rules were suspended. Yeas Planning and Sustainability. calibrate, refurbish, and test various 16. Nays 0. Read second time. Read 1470 August 23, 2017 The City Record 41 third time in full. Passed. Yeas 16. Passage recommended by Commit- Commission, Finance, Law; Passage Nays 0. tees on Development Planning and recommended by Committees on Sustainability, Finance. Development Planning and Sustain- Ord. No. 828-17. The rules were suspended. Yeas ability, Finance. By Council Members Brancatelli 16. Nays 0. Read second time. Read The rules were suspended. Yeas and Kelley (by departmental third time in full. Passed. Yeas 16. 16. Nays 0. Read second time. Read request). Nays 0. third time in full. Passed. Yeas 16. An emergency ordinance authoriz- Nays 0. ing the Director of Community Ord. No. 836-17. Development to enter into contracts By Council Members J. Johnson Ord. No. 840-17. with Cuyahoga County and various and Brancatelli (by departmental By Council Members Brancatelli non-profit agencies for the imple- request). and Kelley (by departmental mentation of homeless assistance An emergency ordinance desig- request). activities. nating East 146th Street between St. An emergency ordinance authoriz- Approved by Directors of Commu- Clair Avenue and Aspinwall Avenue ing the Director of Economic Devel- nity Development, Finance, Law; with a secondary and honorary des- opment to accept a discount pre- Passage recommended by Commit- ignation of “Robert Godwin Sr. payment of the Empowerment Zone tees on Development Planning and Way”. HUD 108 Loan, Contract No. 60103, Sustainability, Finance. Approved by Directors of Capital from 4415 Euclid LLC regarding the The rules were suspended. Yeas Projects, City Planning Commission, redevelopment of the 4415 Euclid Building. 16. Nays 0. Read second time. Read Law; Passage recommended by Com- Approved by Directors of Eco- third time in full. Passed. Yeas 16. mittee on Development Planning nomic Development, Finance, Law; Nays 0. and Sustainability. The rules were suspended. Yeas Passage recommended by Commit- tees on Development Planning and Ord. No. 830-17. 16. Nays 0. Read second time. Read Sustainability, Finance. By Council Members Brancatelli third time in full. Passed. Yeas 16. The rules were suspended. Yeas and Kelley (by departmental Nays 0. 16. Nays 0. Read second time. Read request). third time in full. Passed. Yeas 16. An emergency ordinance appropri- Ord. No. 837-17. Nays 0. ating Community Development By Council Members Brancatelli Block Grant funds for expenses for and Kelley (by departmental Ord. No. 841-17. the Project Clean Program; and request). An emergency ordinance to amend By Council Members Brancatelli authorizing the Director of Public and Kelley (by departmental Works to enter into one or more con- 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended request). tracts with various agencies to An emergency ordinance authoriz- implement the Program. by Ordinance No. 1408-13, passed ing the Director of Economic Devel- Approved by Directors of Commu- November 18, 2013, relating to land opment to enter into an Enterprise nity Development, Public Works, reutilization programs. Zone Agreement with Chester Ave Finance, Law; Passage recommend- Approved by Directors of Eco- Hotel LLC, or its designee, to pro- ed by Committees on Development nomic Development, City Planning vide for tax abatement for certain Planning and Sustainability, Commission, Finance, Law; Passage real property improvements as an Finance. recommended by Committees on incentive to construct a hotel to be The rules were suspended. Yeas Development Planning and Sustain- located on the northwest corner of 16. Nays 0. Read second time. Read ability, Finance. East 101st Street and Chester third time in full. Passed. Yeas 16. The rules were suspended. Yeas Avenue in the Cleveland Area Enter- Nays 0. 16. Nays 0. Read second time. Read third time in full. Passed. Yeas 16. prise Zone. Approved by Directors of Eco- Ord. No. 831-17. Nays 0. nomic Development, City Planning By Council Members Brancatelli Commission, Finance, Law; Passage and Kelley (by departmental Ord. No. 838-17. recommended by Committees on request). By Council Members Griffin, Bran- Development Planning and Sustain- An emergency ordinance appropri- catelli and Kelley (by departmental ability, Finance. ating Community Development request). The rules were suspended. Yeas Block Grant funds and Emergency An emergency ordinance authoriz- 16. Nays 0. Read second time. Read Solutions Grant funds for expenses ing the Director of Economic Devel- third time in full. Passed. Yeas 16. of the Senior Homeowners Assis- opment to enter into an amendment Nays 0. tance Program (SHAP), CHORE, to Contract No. 57798 relating to and Homeless Services Programs. Quincy Place, with Fairfax Renais- Ord. No. 843-17. Approved by Directors of Commu- sance Development Corp oration, to By Council Members Keane and nity Development, Finance, Law; change certain terms of the loan. Kelley (by departmental request). Passage recommended by Commit- Approved by Directors of Eco- An emergency ordinance authoriz- tees on Development Planning and nomic Development, Finance, Law; Sustainability, Finance. Passage recommended by Commit- ing the Director of Port Control to The rules were suspended. Yeas tees on Development Planning and enter into one or more contracts 16. Nays 0. Read second time. Read Sustainability, Finance. with Fire Force, Inc. for profession- third time in full. Passed. Yeas 16. The rules were suspended. Yeas al services necessary to provide the Nays 0. 16. Nays 0. Read second time. Read Airport rescue and firefighting per- third time in full. Passed. Yeas 16. sonnel annual FAA certification Ord. No. 832-17. Nays 0. training, for a period of one year, By Council Members Brancatelli with three one-year options to and Kelley (by departmental Ord. No. 839-17. renew, the second of which would request). By Council Members Brancatelli require additional legislative An emergency ordinance authoriz- and Kelley (by departmental authority. ing the Director of Community request). Approved by Directors of Port Development to enter into contracts An emergency ordinance authoriz- Control, Finance, Law; Passage rec- for Commercial Revitalization and ing the Director of Economic Devel- ommended by Committees on Trans- rebate, grant, and/or loan agree- opment to apply for and accept one portation, Finance. ments with Storefront Renovation or more grants from JobsOhio The rules were suspended. Yeas Program applicants; to employ one and/or Ohio Development Services 16. Nays 0. Read second time. Read or more professional consultants to Agency or other public entity, for third time in full. Passed. Yeas 16. implement the program; and to enter environmental assistance for pro- Nays 0. into agreements for eligible costs to posed redevelopment in the Oppor- community development corpora- tunity Corridor; and authorizing con- Ord. No. 845-17. tions for implementation of the tracts with various developers, or By Council Members Keane and Storefront Renovation and Commer- their designees, to implement the Kelley (by departmental request). cial Revitalization Programs. project. An emergency ordinance authoriz- Approved by Directors of Commu- Approved by Directors of Eco- ing the Director of Port Control to nity Development, Finance, Law; nomic Development, City Planning employ one or more professional 1471 42 The City Record August 23, 2017 consultants to provide temporary or recommended by Committees on third time in full. Passed. Yeas 16. seasonal personnel, for a period of Safety, Finance. Nays 0. one year, with three one-year The rules were suspended. Yeas options to renew, the second of 16. Nays 0. Read second time. Read Ord. No. 862-17. which would require additional leg- third time in full. Passed. Yeas 16. By Mayor Jackson, Council Mem- islative authority. Nays 0. bers Zone and Kelley. Approved by Directors of Port An emergency ordinance authoriz- Control, Finance, Law; Passage rec- Ord. No. 850-17. ing the Director of the Community ommended by Committees on Trans- By Council Members Zone and Relations Board to enter into one or portation, Finance. Kelley (by departmental request). more contracts with Cornerstone of The rules were suspended. Yeas An emergency ordinance authoriz- Hope for the public purpose of pro- 16. Nays 0. Read second time. Read ing the Director of Public Safety to viding bereavement care for resi- third time in full. Passed. Yeas 16. enter into an agreement with Slav- dents of the City, including grief Nays 0. ic Village Development Corporation intervention services with the to allow and accept landscaping Mayor’s Community Outreach team, Ord. No. 847-17. improvements at Fire Station No. 13 trauma therapy, and complicated By Council Members Cummins and located at 4952 Broadway Avenue, grief interventions to families who Kelley (by departmental request). as a gift to the City; and authoriz- seek support after the death of a An emergency ordinance authoriz- ing the director to enter into a prop- loved one from a traumatic event, ing the Director of Public Health to erty adoption agreement with Slav- for a period of one year, with one apply for and accept a grant from ic Village Development Corporation option to renew for an additional the United States Department of to maintain the improvements it year, exercisable by the Director of Homeland Security for FY 2018 installs at the location. Biowatch Program. Community Relations. Approved by Directors of Public Approved by Directors of Commu- Approved by Directors of Public Safety, City Planning Commission, Health, Finance, Law; Passage rec- nity Relations Board, Finance, Law; Finance, Law; Passage recommend- Passage recommended by Commit- ommended by Committees on health ed by Committees on Safety, and Human Services, Finance. tees on Safety, Finance. Finance. The rules were suspended. Yeas The rules were suspended. Yeas The rules were suspended. Yeas 16. Nays 0. Read second time. Read 16. Nays 0. Read second time. Read 16. Nays 0. Read second time. Read third time in full. Passed. Yeas 16. third time in full. Passed. Yeas 16. third time in full. Passed. Yeas 16. Nays 0. Nays 0. Nays 0. Ord. No. 848-17. Ord. No. 863-17. Ord. No. 860-17. By Council Members Cummins and By Council Member Kelley (by By Council Members Cummins and Kelley (by departmental request). departmental request). Kelley (by departmental request). An emergency ordinance authoriz- An emergency ordinance authoriz- An emergency ordinance authoriz- ing the Director of Public Health to ing the Secretary of the Civil Ser- ing the Director of Public Health to apply for and accept a grant from vice Commission to employ one or enter into contract with the Ohio the Bureau of Justice Assistance more professional consultants to Department of Health to perform Program for the Cleveland Opioid develop, administer, and grade pro- investigations of violations regard- Response and Action Plan Grant; motional examinations for the Divi- ing smoking in workplaces and authorizing the Director to enter sion of Police, Department of Public other public places. into one or more contracts with Dr. Safety, and executed no later than Approved by Directors of Public Johnnie Rose for professional ser- December 31, 2018. Health, Finance, Law; Passage rec- vices needed to implement the Approved by Secretary of Civil ommended by Committees on Health grant. Service Commission and Directors of and Human Services, Finance. Approved by Directors of Public Finance, Law; Passage recommend- The rules were suspended. Yeas Health, Finance, Law; Passage rec- ed by Committee on Finance. 16. Nays 0. Read second time. Read ommended by Committees on health The rules were suspended. Yeas third time in full. Passed. Yeas 16. and Human Services, Finance. 16. Nays 0. Read second time. Read The rules were suspended. Yeas Nays 0. third time in full. Passed. Yeas 16. 16. Nays 0. Read second time. Read Nays 0. third time in full. Passed. Yeas 16. Ord. No. 861-17. Nays 0. By Council Members K. Johnson and Kelley (by departmental Ord. No. 864-17. Ord. No. 849-17. request). By Council Members Pruitt and K. By Council Members Zone and An emergency ordinance authoriz- Johnson. Kelley (by departmental request). ing the purchase by one or more An emergency ordinance rescind- An emergency ordinance authoriz- contracts of carts for the automated ing the designation of Robert Ful- ing the Director of Public Safety to waste collection and curbside recy- ton Elementary School as a Cleve- enter into a Memorandum of Under- cling, for the Division of Waste Col- land Landmark. standing for Mutual Aid with the lection and Disposal, Department of Approved by Directors of City Ohio Adjutant General’s Department Public Works. Planning Commission, Law; Passage for the Ohio National Guard Coun- Approved by Directors of Public recommended by Committee on terdrug Task Force to provide a Works, Finance, Law; Passage rec- Development Planning and Sustain- Guard analyst to assist the City’s ommended by Committees on Munic- ability. Narcotics Unit in the Division of ipal Services and Properties, The rules were suspended. Yeas Police. Finance. 16. Nays 0. Read second time. Read Approved by Directors of Public The rules were suspended. Yeas third time in full. Passed. Yeas 16. Safety, Finance, Law; Passage 16. Nays 0. Read second time. Read Nays 0.

SECOND READING ORDINANCES PASSED

Ord. No. 439-17. By Council Member McCormack. An ordinance changing the Use, Area and Height Districts of lands in the Walworth Run area, along the Cuya- hoga River south of Carter Road and along West 14th Street (Map Change No. 2560). Approved by Directors of City Planning Commission, Law; Passage recommended by Committee on Development Planning and Sustainability, when amended, as follows: 1. In Section 2, page 2, following the legal description, strike the remaining two lines and insert “And as iden- tified on the attached map shall be changed to a ‘Semi-Industry’ District, a ‘K’ Area District and a ‘4’ Height District’”. 2. Strike the map and insert the following new map:

1472 August 23, 2017 The City Record 43

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

Ord. No. 812-17. Approved by Directors of City plan for the new district; declaring By Council Member McCormack. Planning Commission, Law; Passage it necessary to provide cleaning and An ordinance changing the Use, recommended by Committee on safety services; office, retail and Area and Height Districts south of Development Planning and Sustain- residential development; and mar- Fairfield Avenue between West 14th ability. keting for the district; providing for Street and West 11th Street, and The rules were suspended. Yeas an assessment for the cost of such adding the Urban Form Overlay 16. Nays 0. Read second time. Read work upon benefited property in the (Map Change 2559). third time in full. Passed. Yeas 16. district; and declaring an emer- Approved by Directors of City Nays 0. gency. Planning Commission, Law; Passage Approved by Directors of City recommended by Committee on SECOND READING EMERGENCY Planning Commission, Finance, Development, Planning and Sustain- RESOLUTION ADOPTED Law; Adoption recommended by ability. Committee on Development Plan- Res. No. 834-17. The rules were suspended. Yeas ning and Sustainability, Finance. By Council Members Dow, Bran- The rules were suspended. Yeas 16. Nays 0. Read second time. Read catelli and Kelley (by departmental third time in full. Passed. Yeas 16. request). 16. Nays 0. Read second time. Read Nays 0. An emergency resolution approv- third time in full. Adopted. Yeas 16. ing the formation of a new special Nays 0. Ord. No. 833-17. improvement district in the City; By Council Members Zone and accepting petitions from owners of MOTION Brancatelli (by departmental property in the proposed district; request). revising and approving the Articles On the motion of Council Member An ordinance to amend the Bat- of Incorporation for the Ohio non- Griffin, the absence of Council Mem- tery Park Planned Unit Develop- profit corporation to be set up to ber Zack Reed is hereby authorized. ment (PUD) for lands designated as govern the new district; approving Seconded by Council Member Bran- a PUD District in Ord. 1964-04. the initial comprehensive services catelli. 1473 44 The City Record August 23, 2017

MOTION Finance is requested to enter into a on the basis of the estimated quan- requirement contract for the speci- tity would amount to $519,360.20 is The Council Meeting was fied goods and/or services. affirmed and approved as the low- adjourned at 2:33 p.m. to the call of The requirement contract shall est and best bid, and the Director of the chair. further provide that the Contractor Finance is requested to enter into a shall furnish all the City’s require- requirement contract for the speci- The next scheduled meeting of ments for such goods and/or ser- fied goods and/or services. Council is on Monday, September 18, vices, whether more or less than the The requirement contract shall 2017, at 7:00 p.m. in the Council estimated quantity, as may be further provide that the Contractor Chamber. ordered under delivery orders sepa- shall furnish all the City’s require- rately certified to the contract. ments for such goods and/or ser- Yeas: Directors Langhenry, vices, whether more or less than the Dumas, Davis, Acting Directors estimated quantity, as may be Szabo, Johnson, Directors McGrath, ordered under delivery orders sepa- West, Interim Director Ebersole, rately certified to the contract. Director McNamara, and Interim Yeas: Directors Langhenry, Director Donald. Dumas, Davis, Acting Directors Nays: None. Szabo, Johnson, Directors McGrath, Absent: Mayor Jackson, Directors West, Interim Director Ebersole, Gordon, and Cosgrove. Director McNamara, and Interim Patricia J. Britt Director Donald. City Clerk, Clerk of Council Resolution No. 408-17. Nays: None. By Director Dumas. Absent: Mayor Jackson, Directors Be it resolved, by the Board of Gordon, and Cosgrove. Control of the City of Cleveland that THE CALENDAR the bid of Independence Office & Resolution No. 410-17. Business Supply Co., Inc. for an esti- By Director Spronz. mated quantity of industrial paper Be it resolved by the Board of The following measures will be on products and supplies, Group A- Control of the City of Cleveland that their final passage at the next items 2-3, 5, and 9, Group B-items 3, the bid of Relmec Mechanical LLC. meeting: and Group C- all items, for the var- for the public improvement of the ious divisions of City government, First Energy Stadium Chiller NONE Department of Finance, for a period Replacement, Base Bid Items A, B of two years starting upon the later and C Optional Items 1 through 7, of the execution of a contract or the and Substitution Item 1, for the BOARD OF CONTROL day following expiration of the cur- Office of Capital Projects, received rently effective contract, with an on June 14, 2017 under the authori- option to renew for one additional ty of Ordinance No. 805-16, passed August 16, 2017 year, exercisable by the Director of August 10, 2016, upon a gross price Finance for the goods and/or ser- basis for the improvement in the The Regular meeting of the Board vices, received on July 7, 2017, under aggregate amount of $1,379,900.00 is of Control convened in the Mayor’s the authority of Ordinance No. 1117- affirmed and approved as the low- office on Wednesday, August 16, 16 passed by Cleveland City Council est responsible bid; and the Director 2017 at 10:43 a.m. with Director on September 26, 2016, which on the of the Office of Capital Projects is Langhenry presiding. basis of the estimated quantity authorized to enter into contract Present: Directors Langhenry, would amount to $98,055.20. is with the bidder. Dumas, Davis, Acting Directors affirmed and approved as the low- Be it further resolved, by the Szabo, Johnson, Directors McGrath, est and best bid, and the Director of Board of Control of the City of West, Interim Director Ebersole, Finance is requested to enter into a Cleveland that the employment of Director McNamara, and Interim requirement contract for the speci- the following subcontractors by Director Donald. fied goods and/or services. Relmec Mechanical LLC. is hereby Absent: Mayor Jackson, Directors The requirement contract shall approved: Gordon, and Cosgrove. further provide that the Contractor Others: Tiffany White Johnson, shall furnish all the City’s require- Subcontractor CSB/MBE/FBE Commissioner, Purchases & Sup- ments for such goods and/or ser- Amount Percentage plies. vices, whether more or less than the William Sonntag, Acting Director, estimated quantity, as may be RWJ Wiring Inc. CSB Mayor’s Office of Capital Projects. ordered under delivery orders sepa- $26,500.00 1.9% Melissa Burrows, Director, Office rately certified to the contract. of Equal Opportunity. Yeas: Directors Langhenry, Insulation Systems N/A On motions, the resolutions Dumas, Davis, Acting Directors $26,750.00 0.0% attached were adopted, except as Szabo, Johnson, Directors McGrath, may be otherwise noted. West, Interim Director Ebersole, Shippers Highway Express N/A Director McNamara, and Interim $20,900.00 0.0% Resolution No. 407-17. Director Donald. By Director Dumas. Nays: None. Siemens Industry N/A Be it resolved, by the Board of Absent: Mayor Jackson, Directors $47,100.00 0.0% Control of the City of Cleveland that Gordon, and Cosgrove. the bid of GM Industrial, Inc. d/b/a Yeas: Directors Langhenry, Chemsafe International for an esti- Resolution No. 409-17. Dumas, Davis, Acting Directors mated quantity of industrial paper By Director Dumas. Szabo, Johnson, Directors McGrath, products and supplies, Group A- Be it resolved, by the Board of West, Interim Director Ebersole, items 1, 4, 6-8, and Group B-items 1- Control of the City of Cleveland that Director McNamara, and Interim 2 and 4-5, for the various divisions the bid of Bound Tree Medical LLC. Director Donald. of City government, Department of for an estimated quantity of medical Nays: None. Finance, for a period of two years materials, equipment, supplies and Absent: Mayor Jackson, Directors starting upon the later of the exe- services, Groups B, C, D and E all Gordon, and Cosgrove. cution of a contract or the day fol- items, for the various divisions of lowing expiration of the currently City government, Department of Resolution No. 411-17. effective contract for the goods Finance, for a period of one year By Director McGrath. and/or services, with an option to starting upon the later of the exe- Whereas, Ordinance No. 247-17, renew for one additional year, exer- cution of a contract or the day fol- passed June 5, 2017 by the Council cisable by the Director of Finance, lowing expiration of the currently of the City of Cleveland, authorizes received on July 7, 2017, under the effective contract, with two options the Commissioner of Purchases and authority of Ordinance No. 1117-16, to renew for an additional one-year Supplies, by and at the direction of passed by Cleveland City Council on term, exercisable by the Director of the Board of Control, to sell City- September 26, 2016, which on the Finance for the goods and/or ser- owned property at 1300 Ontario basis of the estimated quantity vices, received on July 27, 2017, Avenue, known as the Police Head- would amount to $652,615.00, is under the authority of Ordinance No. quarters Building at the Justice affirmed and approved as the low- 1392-16 passed by Cleveland City Center, as more fully described in est and best bid, and the Director of Council on November 28, 2016, which the ordinance, to Cuyahoga County 1474 August 23, 2017 The City Record 45 at the price of $9,250,000, determined Resolution No. 413-17. Director McNamara, and Interim to be fair market value, and found By Director Cox. Director Donald. and determined to be not needed for Whereas, Ordinance No. 652-17, Nays: None. the City’s public use; now, therefore, passed July 12, 2017 by the Council Absent: Mayor Jackson, Directors Be it resolved by the Board of of the City of Cleveland, authorizes Gordon, and Cosgrove. Control of the City of Cleveland that the Commissioner of Purchases and under Ordinance No. 247-17, passed Supplies, by and at the direction of Resolution No. 415-17. June 5, 2017 by the Cleveland City the Board of Control, to convey four By Director Cosgrove. Council, the Commissioner of Pur- non-exclusive permanent easement Whereas, Board of Control Reso- chases and Supplies is directed to interests and two exclusive tempo- lution No. 393-17, adopted July 26, sell City-owned property at 1300 rary easement interests, to the 2017, authorized the lease of Per- Ontario Avenue, known as the Northeast Ohio Regional Sewer Dis- manent Parcel No. 109-18-035 to Police Headquarters Building at the trict at the appraised price of Rashidah Abdulhagg for a market Justice Center, as more fully $211,000, determined to be fair mar- garden, as part of the City of Cleve- described in the ordinance, to Cuya- ket value, in those portions of Per- land Land Reutilization Program hoga County. manent Parcel No. 121-28-001, known established under Ordinance No. Be it further resolved that the as Ambler Park, more fully 2076-76, passed by the Cleveland Director of Public Safety is request- described in the ordinance and City Council on October 25, 1976; and ed to execute and deliver the offi- found and determined to be not Whereas, in the sixth paragraph cial deed of the City of Cleveland needed for public use; now, there- of Resolution No. 393-17 the name of conveying the property, which deed fore, the proposed lessee was misspelled shall contain such additional provi- Be it resolved by the Board of as Rashidah Abdulhagg, sions as the Director of Law deter- Control of the City of Cleveland that Be it resolved by the Board of mines are necessary to protect and under the authority of Ordinance No. Control of the City of Cleveland that benefit the City’s interests. 652-17, passed July 12, 2017 by the Resolution No. 393-17, adopted by Yeas: Directors Langhenry, Cleveland City Council, the Com- this Board July 26, 2017, authorizing Dumas, Davis, Acting Directors missioner of Purchases and Supplies the lease of Permanent Parcel No. Szabo, Johnson, Directors McGrath, is directed to convey four easements 109-18-035 to Rashidah Abdulhagg West, Interim Director Ebersole, and two temporary easements in for a market garden is amended by Director McNamara, and Interim those portions of Permanent Parcel substituting “Rashidah Abdulhaqq” Director Donald. No. 121-28-001 more fully described in for “Rashidah Abdulhagg”, in the Nays: None. the ordinance, to the Northeast Ohio sixth paragraph of the Resolution. Absent: Mayor Jackson, Directors Regional Sewer District. Be it further resolved that all Gordon, and Cosgrove. Be it further resolved that the other provisions of Resolution No. Director of Public Works is request- 393-17 not expressly amended above Resolution No. 412-17. ed to execute and deliver the offi- shall remain unchanged and in full By Director Cox. cial deeds of easement and official force and effect. Whereas, Ordinance No. 653-17, deeds of temporary easement of the Yeas: Directors Langhenry, passed July 12, 2017 by the Council City of Cleveland conveying the Dumas, Davis, Acting Directors of the City of Cleveland, authorizes easements and temporary ease- Szabo, Johnson, Directors McGrath, the Commissioner of Purchases and ments, which deeds shall contain West, Interim Director Ebersole, Supplies, by and at the direction of such additional provisions as the Director McNamara, and Interim the Board of Control, to convey a Director of Law determines are nec- Director Donald. non-exclusive permanent easement essary to protect and benefit the Nays: None. interest and an exclusive temporary City’s interests. Absent: Mayor Jackson, Directors easement interest, to the Ohio Yeas: Directors Langhenry, Gordon, and Cosgrove. Department of Transportation at the Dumas, Davis, Acting Directors appraised price of $76,550, deter- Szabo, Johnson, Directors McGrath, Resolution No. 416-17. mined to be fair market value, in West, Interim Director Ebersole, By Director Cosgrove. those portions of Permanent Parcel Director McNamara, and Interim Whereas, under Ordinance No. Nos. 004-27-015, 004-27-018, 004-28-009, Director Donald. 2076-76 passed October 25, 1976, the and 004-28-014 more fully described Nays: None. City is conducting a Land Reuti- in the ordinance, located beneath Absent: Mayor Jackson, Directors lization Program (“Program”) the Hope Memorial Bridge, and Gordon, and Cosgrove. according to the provisions of Chap- found and determined to be not ter 5722 of the Ohio Revised Code; needed for public use; now, there- Resolution No. 414-17. and fore, By Director Cosgrove. Whereas, under the Program, the Be it resolved by the Board of Whereas, Board of Control Reso- City has acquired Permanent Parcel Control of the City of Cleveland that lution No. 153-17, adopted March 29, Nos. 002-31-068, 002-31-069, and 002-31- under Ordinance No. 653-17, passed 2017, authorized the sale and devel- 071 located on West 57th Street; and July 12, 2017 by the Cleveland City opment of Permanent Parcel No. 115- Whereas, Section 183.021 of the Council, the Commissioner of Pur- 27-004 to Nicolas E. Tate for yard Codified Ordinances of Cleveland, chases and Supplies is directed to expansion, as part of the City Land Ohio, 1976, authorizes the Commis- convey an easement and a tempo- Reutilization Program established sioner of Purchases and Supplies, rary easement in those portions of under Ordinance No. 2076-76, passed when directed by the Director of Permanent Parcel Nos. 004-27-015, by the Cleveland City Council on Community Development and when 004-27-018, 004-28-009, and 004-28-014 October 25, 1976; and certain specified conditions have located beneath the Hope Memorial Whereas, in the sixth paragraph been met, to sell or lease Land Bridge, as more fully described in of Resolution No. 153-17 the name of Reutilization Program parcels; and the ordinance, to the Ohio Depart- the proposed purchaser was mis- Whereas, EcoVillage Produce, ment of Transportation. spelled as “Nicolas E. Tate”; LLC has proposed to the City to Be it further resolved that the Be it resolved by the Board of lease the parcels for a market gar- Director of Public Works is request- Control of the City of Cleveland that den; and ed to execute and deliver the offi- Resolution No. 153-17, adopted by Whereas, the following conditions cial deeds of easement of the City this Board March 29, 2017, authoriz- exist: of Cleveland conveying the ease- ing the sale and development of Per- 1. The member of Council from ment, which deeds of easement shall manent Parcel No. 115-27-004 to Nico- Ward 15 has approved the proposed contain such additional provisions las E. Tate for yard expansion, is lease or has not disapproved or as the Director of Law determines amended by substituting “Nicholas requested a hold of the proposed are necessary to protect and benefit E. Tate” for “Nicolas E. Tate”, where lease within 45 days of notification the City’s interests. appearing in the resolution. of it; Yeas: Directors Langhenry, Be it further resolved that all 2. The proposed lessee of the par- Dumas, Davis, Acting Directors other provisions of Resolution No. cel is neither tax delinquent nor in Szabo, Johnson, Directors McGrath, 153-17 not expressly amended above violation of the Building and Hous- West, Interim Director Ebersole, shall remain unchanged and in full ing Code; now, therefore, Director McNamara, and Interim force and effect. Be it resolved by the Board of Director Donald. Yeas: Directors Langhenry, Control of the City of Cleveland that Nays: None. Dumas, Davis, Acting Directors under Section 183.021 of the Codified Absent: Mayor Jackson, Directors Szabo, Johnson, Directors McGrath, Ordinances of Cleveland, Ohio, 1976, Gordon, and Cosgrove. West, Interim Director Ebersole, the Commissioner of Purchases and 1475 46 The City Record August 23, 2017

Supplies is authorized, when direct- Yeas: Directors Langhenry, No. 134-18-077 located at 7622 Con- ed by the Director of Community Dumas, Davis, Acting Directors necticut Avenue; and Development, to execute a lease for Szabo, Johnson, Directors McGrath, Whereas, Section 183.021 of the a period up to 3 years, for and on West, Interim Director Ebersole, Codified Ordinances of Cleveland, behalf of the City of Cleveland with Director McNamara, and Interim Ohio, 1976 authorizes the Commis- EcoVillage Produce, LLC for the Director Donald. sioner of Purchases and Supplies, purpose of operating a market gar- Nays: None. when directed by the Director of den on Permanent Parcel Nos. 002- Absent: Mayor Jackson, Directors Community Development and when 31-068, 002-31-069, and 002-31-071, Gordon, and Cosgrove. certain specified conditions have according to the Land Reutilization been met, to sell Land Reutilization Program in such manner as best car- Resolution No. 418-17. Program parcels; and ries out the intent of the program. By Director Cosgrove. Whereas, Connecticut Properties, Be it further resolved that the con- Whereas, under Ordinance No. LLC has proposed to the City to pur- sideration for lease of the parcel 2076-76 passed October 25, 1976, the chase the parcel for a landscaped shall be $3.00, which amount is City is conducting a Land Reuti- greenspace; and determined to be not less than the lization Program (“Program”) Whereas, the following conditions fair market value of the parcel for according to the provisions of Chap- exist: uses according to the Program. ter 5722 of the Ohio Revised Code; 1. The member of Council from Yeas: Directors Langhenry, and Ward 2 has approved the proposed Dumas, Davis, Acting Directors Whereas, under the Program, the sale or has not disapproved or Szabo, Johnson, Directors McGrath, City has acquired Permanent Parcel requested a hold of the proposed West, Interim Director Ebersole, Nos. 142-27-140 and 142-27-141 located sale within 45 days of notification Director McNamara, and Interim on Lincoln Avenue; and of it; Director Donald. Whereas, Section 183.021 of the 2. The proposed purchaser of the Nays: None. Codified Ordinances of Cleveland, parcel is neither tax delinquent nor Absent: Mayor Jackson, Directors Ohio, 1976 authorizes the Commis- in violation of the Building and Gordon, and Cosgrove. sioner of Purchases and Supplies, Housing Code; now, therefore, when directed by the Director of Be it resolved by the Board of Resolution No. 417-17. Community Development and when Control of the City of Cleveland that By Director Cosgrove. certain specified conditions have under Section 183.021 of the Codified Whereas, under Ordinance No. been met, to sell Land Reutilization Ordinances of Cleveland, Ohio, 1976, 2076-76 passed October 25, 1976, the Program parcels; and the Commissioner of Purchases and City is conducting a Land Reuti- Whereas, Juanita A. Harrison has Supplies is authorized, when direct- lization Program (“Program”) proposed to the City to purchase the ed by the Director of Community according to the provisions of Chap- parcels for yard expansion; and Development, and the Mayor is ter 5722 of the Ohio Revised Code; Whereas, the following conditions requested to execute an Official and exist: Deed for and on behalf of the City Whereas, under the Program, the 1. The member of Council from of Cleveland with Connecticut Prop- City is to acquire Permanent Parcels Ward 1 has approved the proposed erties, LLC for the sale of Perma- 007-23-031, 007-23-032 and 007-23-033, sale or has not disapproved or nent Parcel No. 134-18-077, according located at 3032, 3034 and 3036 Bar- requested a hold of the proposed to the Land Reutilization Program ber Avenue; and sale within 45 days of notification in such manner as best carries out Whereas, Section 183.021 of the of it; the intent of the program. 2. The proposed purchaser of the Codified Ordinances of Cleveland, Be it further resolved that the con- parcels is neither tax delinquent nor Ohio, 1976, authorizes the Commis- sideration for the sale of the parcel in violation of the Building and sioner of Purchases and Supplies, shall be $200.00, which amount is Housing Code; now, therefore, when directed by the Director of determined to be not less than the Be it resolved by the Board of Community Development and when fair market value of the parcel for Control of the City of Cleveland that certain specified conditions have uses according to the Program. under Section 183.021 of the Codified been met, to sell or lease Land Yeas: Directors Langhenry, Reutilization Program parcels; and Ordinances of Cleveland, Ohio, 1976, the Commissioner of Purchases and Dumas, Davis, Acting Directors Whereas, Ryan F. Kennedy has Supplies is authorized, when direct- Szabo, Johnson, Directors McGrath, proposed to the City to lease the ed by the Director of Community West, Interim Director Ebersole, parcels for a market garden; and Development, and the Mayor is Director McNamara, and Interim Whereas, the following conditions requested to execute an Official Director Donald. exist: Deed for and on behalf of the City Nays: None. 1. The member of Council from of Cleveland with Juanita A. Harri- Absent: Mayor Jackson, Directors Ward 3 has approved the proposed son for the sale of Permanent Par- Gordon, and Cosgrove. lease or has not disapproved or cel Nos. 142-27-140 and 142-27-141, requested a hold of the proposed according to the Land Reutilization Resolution No. 420-17. lease within 45 days of notification Program in such manner as best car- By Director Cosgrove. of it; ries out the intent of the program. Whereas, under Ordinance No. 2. The proposed lessee of the Be it further resolved that the con- 2076-76 passed October 25, 1976, the parcels is neither tax delinquent nor sideration for the sale of the parcels City is conducting a Land Reuti- in violation of the Building and shall be $200.00 for each parcel, lization Program (“Program”) Housing Code; now, therefore, which amount is determined to be according to the provisions of Chap- Be it resolved by the Board of not less than the fair market value ter 5722 of the Ohio Revised Code; Control of the City of Cleveland that of the parcels for uses according to and under Section 183.021 of the Codified the Program. Whereas, under the Program, the Ordinances of Cleveland, Ohio, 1976, Yeas: Directors Langhenry, City has acquired Permanent Parcel the Commissioner of Purchases and Dumas, Davis, Acting Directors No. 006-20-039 located at 2074 West Supplies is authorized, when direct- Szabo, Johnson, Directors McGrath, 44th Street; and ed by the Director of Community West, Interim Director Ebersole, Whereas, Section 183.021 of the Development, to execute a lease for Director McNamara, and Interim Codified Ordinances of Cleveland, a term up to five years and on Director Donald. Ohio, 1976 authorizes the Commis- behalf of the City of Cleveland, with Nays: None. sioner of Purchases and Supplies, Ryan F. Kennedy for the lease and Absent: Mayor Jackson, Directors when directed by the Director of development of Permanent Parcels Gordon, and Cosgrove. Community Development and when 007-23-031, 007-23-032 and 007-23-033, certain specified conditions have located at 3032, 3034 and 3036 Bar- Resolution No. 419-17. been met, to sell Land Reutilization ber Avenue, according to the Land By Director Cosgrove. Program parcels; and Reutilization Program in such man- Whereas, under Ordinance No. Whereas, B.R. Knez Construction, ner as best carries out the intent of 2076-76 passed October 25, 1976, the Inc. has proposed to the City to pur- the program. City is conducting a Land Reuti- chase and develop the parcel for Be it further resolved that the con- lization Program (“Program”) new housing construction; and sideration for lease of the parcels according to the provisions of Chap- Whereas, the following conditions shall be $5.00, which amount is ter 5722 of the Ohio Revised Code; exist: determined to be not less than the and 1. The member of Council from fair market value of the parcels for Whereas, under the Program, the Ward 3 has either approved the pro- uses according to the Program. City has acquired Permanent Parcel posed sale or has not disapproved or 1476 August 23, 2017 The City Record 47 requested a hold of the proposed on Parkwood Drive, according to the Resolution No. 423-17. sale within 45 days of notification Land Reutilization Program in such By Director Cosgrove. of it; manner as best carries out the Whereas, under Ordinance No. 2. The proposed purchaser of the intent of the program. 2076-76 passed October 25, 1976, the parcel is neither tax delinquent nor Be it further resolved that the con- City is conducting a Land Reuti- in violation of the Building and sideration for the sale of the parcel lization Program (“Program”) Housing Code; now, therefore, shall be $200.00, which amount is according to the provisions of Chap- Be it resolved by the Board of determined to be not less than the ter 5722 of the Ohio Revised Code; Control of the City of Cleveland that fair market value of the parcel for and under Section 183.021 of the Codified uses according to the Program. Whereas, under the Program, the Ordinances of Cleveland, Ohio, 1976, Yeas: Directors Langhenry, City has acquired Permanent Parcel the Commissioner of Purchases and Dumas, Davis, Acting Directors No. 134-04-021 located at 7827 Finney Supplies is authorized, when direct- Szabo, Johnson, Directors McGrath, Avenue; and ed by the Director of Community West, Interim Director Ebersole, Whereas, Section 183.021 of the Development, and the Mayor is Director McNamara, and Interim Codified Ordinances of Cleveland, requested to execute an Official Director Donald. Ohio, 1976 authorizes the Commis- Deed for and on behalf of the City Nays: None. sioner of Purchases and Supplies, of Cleveland with B.R. Knez Con- Absent: Mayor Jackson, Directors when directed by the Director of struction, Inc. for the sale and devel- Gordon, and Cosgrove. Community Development and when opment of Permanent Parcel No. 006- certain specified conditions have 20-039, according to the Land Reuti- Resolution No. 422-17. been met, to sell Land Reutilization lization Program in such manner as By Director Cosgrove. Program parcels; and best carries out the intent of the Whereas, under Ordinance No. Whereas, David R. Caretti has program. 2076-76 passed October 25, 1976, the proposed to the City to purchase and Be it further resolved that the con- City is conducting a Land Reuti- develop the parcel for yard expan- sideration for the sale of the parcel lization Program (“Program”) sion; and shall be $200.00, which amount is according to the provisions of Chap- Whereas, the following conditions determined to be not less than the ter 5722 of the Ohio Revised Code; exist: fair market value of the parcel for and 1. The member of Council from uses according to the Program. Whereas, under the Program, the Ward 12 has either approved the Yeas: Directors Langhenry, City has acquired Permanent Parcel proposed sale or has not disap- Dumas, Davis, Acting Directors No. 108-26-169 located at 10526 Kim- proved or requested a hold of the Szabo, Johnson, Directors McGrath, berley Avenue; and proposed sale within 45 days of noti- West, Interim Director Ebersole, Whereas, Section 183.021 of the fication of it; Director McNamara, and Interim Codified Ordinances of Cleveland, 2. The proposed purchaser of the Director Donald. Ohio, 1976 authorizes the Commis- parcel is neither tax delinquent nor Nays: None. sioner of Purchases and Supplies, in violation of the Building and Absent: Mayor Jackson, Directors when directed by the Director of Housing Code; now, therefore, Gordon, and Cosgrove. Be it resolved by the Board of Community Development and when Control of the City of Cleveland that certain specified conditions have Resolution No. 421-17. under Section 183.021 of the Codified been met, to sell Land Reutilization By Director Cosgrove. Ordinances of Cleveland, Ohio, 1976, Program parcels; and Whereas, under Ordinance No. the Commissioner of Purchases and Whereas, Ira L. Gibson has pro- 2076-76 passed October 25, 1976, the Supplies is authorized, when direct- posed to the City to purchase and City is conducting a Land Reuti- ed by the Director of Community develop the parcel for yard expan- lization Program (“Program”) Development, and the Mayor is according to the provisions of Chap- sion; and requested, to execute an Official ter 5722 of the Ohio Revised Code; Whereas, the following conditions Deed for and on behalf of the City and exist: of Cleveland, with David R. Caretti Whereas, under the Program, the 1. The member of Council from for the sale and development of Per- City has acquired Permanent Parcel Ward 9 has either approved the pro- manent Parcel No. 134-04-021 located No. 109-19-028 located on Parkwood posed sale or has not disapproved or at 7827 Finney Avenue, according to Drive; and requested a hold of the proposed the Land Reutilization Program in Whereas, Section 183.021 of the sale within 45 days of notification such manner as best carries out the Codified Ordinances of Cleveland, of it; intent of the program. Ohio, 1976 authorizes the Commis- 2. The proposed purchaser of the Be it further resolved that the con- sioner of Purchases and Supplies, parcel is neither tax delinquent nor sideration for the sale of the parcel when directed by the Director of in violation of the Building and shall be $200.00, which amount is Community Development and when Housing Code; now, therefore, determined to be not less than the certain specified conditions have Be it resolved by the Board of fair market value of the parcel for been met, to sell Land Reutilization Control of the City of Cleveland that uses according to the Program. Program parcels; and under Section 183.021 of the Codified Yeas: Directors Langhenry, Whereas, Tracy L. Mays has pro- Ordinances of Cleveland, Ohio, 1976, Dumas, Davis, Acting Directors posed to the City to purchase and the Commissioner of Purchases and Szabo, Johnson, Directors McGrath, develop the parcel for yard expan- Supplies is authorized, when direct- West, Interim Director Ebersole, sion; and ed by the Director of Community Director McNamara, and Interim Whereas, the following conditions Development, and the Mayor is Director Donald. exist: requested, to execute an Official Nays: None. 1. The member of Council from Deed for and on behalf of the City Absent: Mayor Jackson, Directors Ward 9 has either approved the pro- of Cleveland, with Ira L. Gibson for Gordon, and Cosgrove. posed sale or has not disapproved or the sale and development of Perma- requested a hold of the proposed nent Parcel No. 108-26-169 located at Resolution No. 424-17. sale within 45 days of notification 10526 Kimberley Avenue, according By Director Cosgrove. of it; to the Land Reutilization Program Whereas, under Ordinance No. 2. The proposed purchaser of the in such manner as best carries out 2076-76 passed October 25, 1976, the parcel is neither tax delinquent nor the intent of the program. City is conducting a Land Reuti- in violation of the Building and Be it further resolved that the con- lization Program (“Program”) Housing Code; now, therefore, sideration for the sale of the parcel according to the provisions of Chap- Be it resolved by the Board of shall be $200.00, which amount is ter 5722 of the Ohio Revised Code; Control of the City of Cleveland that determined to be not less than the and under Section 183.021 of the Codified fair market value of the parcel for Whereas, under the Program, the Ordinances of Cleveland, Ohio, 1976, uses according to the Program. City has acquired Permanent Parcel the Commissioner of Purchases and Yeas: Directors Langhenry, No. 117-15-020 located at 17304 Endo- Supplies is authorized, when direct- Dumas, Davis, Acting Directors ra Road, Cleveland, Ohio; and ed by the Director of Community Szabo, Johnson, Directors McGrath, Whereas, Section 183.021 of the Development, and the Mayor is West, Interim Director Ebersole, Codified Ordinances of Cleveland, requested, to execute an Official Director McNamara, and Interim Ohio, 1976 authorizes the Commis- Deed for and on behalf of the City Director Donald. sioner of Purchases and Supplies, of Cleveland, with Tracy L. Mays Nays: None. when directed by the Director of for the sale and development of Per- Absent: Mayor Jackson, Directors Community Development and when manent Parcel No. 109-19-028 located Gordon, and Cosgrove. certain specified conditions have 1477 48 The City Record August 23, 2017 been met, to sell Land Reutilization under Section 183.021 of the Codified determined to be not less than the Program parcels; and Ordinances of Cleveland, Ohio, 1976, fair market value of the parcel for Whereas, Anthony L. Hamilton the Commissioner of Purchases and uses according to the Program. and Geraldine Hamilton have pro- Supplies is authorized, when direct- Yeas: Directors Langhenry, posed to the City to purchase the ed by the Director of Community Dumas, Davis, Acting Directors parcel for yard expansion; and Development, and the Mayor is Szabo, Johnson, Directors McGrath, Whereas, the following conditions requested, to execute an Official West, Interim Director Ebersole, exist: Deed for and on behalf of the City Director McNamara, and Interim 1. The member of Council from of Cleveland with Darlene Pierce Director Donald. Ward 10 has approved the proposed and Jackie Pierce for the sale and Nays: None. sale or has not disapproved or development of Permanent Parcel Absent: Mayor Jackson, Directors requested a hold of the proposed No. 110-14-122 located at 12616 Wood- Gordon, and Cosgrove. sale within 45 days of notification side Avenue, according to the Land of it; Reutilization Program in such man- JEFFREY B. MARKS, 2. The proposed purchaser of the ner as best carries out the intent of Secretary parcel is neither tax delinquent nor the program. in violation of the Building and Be it further resolved that the con- Housing Code; now, therefore, sideration for the sale of the parcel CIVIL SERVICE NOTICES Be it resolved by the Board of shall be $200.00, which amount is ______Control of the City of Cleveland that determined to be not less than the under Section 183.021 of the Codified fair market value of the parcel for General Information Ordinances of Cleveland, Ohio, 1976, uses according to the Program. Application blanks and informa- the Commissioner of Purchases and Yeas: Directors Langhenry, tion, regarding minimum entrance Supplies is authorized, when direct- Dumas, Davis, Acting Directors qualifications, scope of examination, ed by the Director of Community Szabo, Johnson, Directors McGrath, and suggested reference materials Development, and the Mayor is West, Interim Director Ebersole, may be obtained at the office of the requested to execute an Official Director McNamara, and Interim Civil Service Commission, Room 119, Deed for and on behalf of the City Director Donald. City Hall, East 6th Street, and Lake- of Cleveland with Anthony L. Hamil- Nays: None. side Avenue. ton and Geraldine Hamilton for the Absent: Mayor Jackson, Directors sale of Permanent Parcel No. 117-15- Gordon, and Cosgrove. Application blanks must be prop- 020, according to the Land Reuti- erly filled out on the official form lization Program in such manner as Resolution No. 426-17. prescribed by the Civil Service Com- best carries out the intent of the By Director Cosgrove. mission and filed at the office of the program. Whereas, under Ordinance No. commission not later than the final Be it further resolved that the con- 2076-76 passed October 25, 1976, the closing date slated in the examina- sideration for the sale of the parcel City is conducting a Land Reuti- tion announcement. shall be $200.00, which amount is lization Program (“Program”) determined to be not less than the according to the provisions of Chap- fair market value of the parcel for ter 5722 of the Ohio Revised Code; EXAMINATION RESULTS: Each uses according to the Program. and applicant whether passing or failing Yeas: Directors Langhenry, Whereas, under the Program, the will be notified of the results of the Dumas, Davis, Acting Directors City has acquired Permanent Parcel examination as soon as the Szabo, Johnson, Directors McGrath, No. 110-25-067 located at 12104 Thorn- commission has graded the papers. West, Interim Director Ebersole, wood Avenue; and There-after, eligible lists will be Director McNamara, and Interim Whereas, Section 183.021 of the established which will consist of the Director Donald. Codified Ordinances of Cleveland, names of those candidates who have Nays: None. Ohio, 1976 authorizes the Commis- been successful in all parts of the Absent: Mayor Jackson, Directors sioner of Purchases and Supplies, examination. Gordon, and Cosgrove. when directed by the Director of Community Development and when PHYSICAL EXAMINATION: All Resolution No. 425-17. certain specified conditions have candidates for original entrance By Director Cosgrove. been met, to sell Land Reutilization positions who are successful in Whereas, under Ordinance No. Program parcels; and other parts of the examinations 2076-76 passed October 25, 1976, the Whereas, Terrance Martin and must submit to a physical examina- City is conducting a Land Reuti- Marie Martin have proposed to the tion. lization Program (“Program”) City to purchase and develop the according to the provisions of Chap- parcel for a yard expansion; and ROBERT BENNETT, ter 5722 of the Ohio Revised Code; Whereas, the following conditions President and exist: Whereas, under the Program, the 1. The member of Council from City has acquired Permanent Parcel Ward 9 has approved the proposed SCHEDULE OF THE BOARD No. 110-14-122 located at 12616 Wood- sale or has not disapproved or OF ZONING APPEALS side Avenue; and requested a hold of the proposed Whereas, Section 183.021 of the sale within 45 days of notification Codified Ordinances of Cleveland, of it; TUESDAY SEPTEMBER 5, 2017 Ohio, 1976 authorizes the Commis- 2. The proposed purchaser of the sioner of Purchases and Supplies, parcel is neither tax delinquent nor 9:30 A.M. when directed by the Director of in violation of the Building and Community Development and when Housing Code; now, therefore, Violation Notice certain specified conditions have Be it resolved by the Board of Calendar No. 17-223: 2221 Professor been met, to sell Land Reutilization Control of the City of Cleveland that Street (Ward 3) Program parcels; and under Section 183.021 of the Codified Two Docs Ltd., owner, appeals Whereas, Darlene Pierce and Ordinances of Cleveland, Ohio, 1976, under the authority of Section 76-6 Jackie Pierce have proposed to the the Commissioner of Purchases and of the Charter of the City of Cleve- City to purchase and develop the Supplies is authorized, when direct- land and Section 329.02(d) of the parcel for a yard expansion; and ed by the Director of Community Cleveland Codified Ordinances from Whereas, the following conditions Development, and the Mayor is exist: requested, to execute an Official Notice of Violation Number 1. The member of Council from Deed for and on behalf of the City V17022338 issued on June 26, 2017 by Ward 10 has approved the proposed of Cleveland with Terrance Martin the Cleveland Department of Build- sale or has not disapproved or and Marie Martin for the sale and ing and Housing for failure to com- requested a hold of the proposed development of Permanent Parcel ply with Section 327.02(c) of the sale within 45 days of notification No. 110-25-067 located at 12104 Thom- Cleveland Codified Ordinances of it; wood Avenue, according to the Land which states that there shall be no 2. The proposed purchaser of the Reutilization Program in such man- change, substitution or extension in parcel is neither tax delinquent nor ner as best carries out the intent of the use of any building or premises in violation of the Building and the program. until the required use permit and Housing Code; now, therefore, Be it further resolved that the con- Certificate of Occupancy has been Be it resolved by the Board of sideration for the sale of the parcel issued by the Division of Building. Control of the City of Cleveland that shall be $200.00, which amount is (Filed July 26, 2017) 1478 August 23, 2017 The City Record 49

Calendar No. 17-227: 1885 West 45th building and rear building shall not adjoining lot and the appellant is Street (Ward 3) be less than 40 feet where the appel- proposing 5 feet on the side yard. West 11th Properties, LLC, owner, lant is proposing 5 feet. 6. Section 327.02(e) which states proposes to construct a new 1,878 8. Section 327.02(e) which states that all consolidations and ease- square foot single family residence that all consolidations and ease- ments shall be recorded and with an attached 2-car garage in a ments shall be recorded and approved by Engineering and Con- B1 Two-Family Residential District. approved by Engineering and Con- struction. (Filed July 28, 2017) The owner appeals for relief from struction. (Filed July 28, 2017) the strict application of the follow- Violation Notice ing sections of the Cleveland Codi- Calendar No. 17-229: 2811 West 12th Calendar No. 17-231: 2285 Ashland fied Ordinances: Street (Ward 3) Road (Ward 5) 1. Section 337.23(a) which states West 11th Properties, LLC, owner, Cleveland Block appeals under the that a garage shall be located a proposes to erect a three story 1,302 authority of Section 76-6 of the Char- minimum of 18" from all property square foot frame fee simple single ter of the City of Cleveland and Sec- lines. Proposed garage overhangs family residence with attached tion 329.02(d) of the Cleveland Cod- are within 9 inches of the property garage on a 2,193 square foot lot in ified Ordinances from a Notice of lines. a B1 Two-Family Residential Dis- Violation Number V16030166 issued 2. Section 357.09(b)(2)(A) which trict. The owner appeals for relief on September 1, 2016 by the Cleve- states that no building shall be from the following sections of the land Department of Building and erected less than ten feet from a Cleveland Codified Ordinances: Housing for failure to comply with main building on an adjoining lot. 1. Section 349.07(a) which states Section 327.02(c) of the Cleveland The proposed distance to a main that a driveway used to provide Codified Ordinances which states building on adjoining lot is 5' - 6". accessibility to accessory off street that there shall be no change, sub- 3. Section 357.09(b)(2)(B) which parking spaces shall be arranged to stitution or extension in the use of states that in a Two-Family District minimize traffic congestion. any building or premises until the no interior side yard, shall be less 2. Section 355.04(a) which states required use permit and Certificate than five (5) feet in width for a cor- that the minimum lot area required of Occupancy has been issued by the ner lot, nor less than three (3) feet is 4,800 square feet and the appel- Division of Building and Section in width for an interior lot, nor shall lant is proposing 2,193 square feet. 354.04(C) which states that a 7 foot the aggregate width of side yards This section also states that the tall opaque fence must surround the on the same premises be less than maximum Gross Floor Area shall perimeter. (Filed July 28, 2017) ten (10) feet. However, the width of not exceed 1/2 the lot area or in this any such interior side yard shall in case 1,096 square feet and 1,302 Violation Notice Calendar No. 17-232: 2285 Ashland no case be less than one-fourth (1/4) square feet are proposed. Road (Ward 5) the height of the main building on 3. Section 357.08(b)(1) which Cleveland Block appeals under the the premises. The height of the states that the Required Rear Yard authority of Section 76-6 of the Char- main building is 33' - 7" and the is 34 feet and 7 inches where 5 feet ter of the City of Cleveland and Sec- required side yard is therefore 2 inches are proposed. tion 329.02(d) of the Cleveland Cod- approximately 8' - 4" and 8' - 2" are 4. Section 357.09(b)(2)(B) which ified Ordinances from a Notice of proposed. states that no interior side yard Violation Number V17003457 issued 4. Section 341.02 which states that shall be less than 8.7' nor should on January 26, 2017 by the Cleve- City Planning Commission’s the aggregate side yards be less land Department of Building and approval is required prior to the than 10 feet where a zero interior Housing for failure to comply with issuance of a building permit. (Filed side yard is proposed and 5 feet Section 327.02(c) of the Cleveland July 28, 2017) aggregate side yards are proposed. Codified Ordinances which states 5. Section 357.09(b)(2)(A) which that there shall be no change, sub- Calendar No. 17-228: 2809 West 12th states that no building shall be less stitution or extension in the use of Street (Ward 3) than 10 feet from main building on any building or premises until the West 11th Properties, LLC, owner, adjoining lot and the appellant is required use permit and Certificate proposes to erect a three story 1,341 proposing 5 feet on the side yard of Occupancy has been issued by the square foot frame fee simple single and 7 feet 2 inches for rear yard. Division of Building. (Filed July 28, family residence with attached 6. Section 327.02(e) which states 2017) garage on a 2,186 square foot lot in that all consolidations and ease- a B1 Two-Family Residential Dis- ments shall be recorded and Calendar No. 17-235: 2560 East 83rd trict. The owner appeals for relief approved by Engineering and Con- Street (Ward 6) from the following sections of the struction. (Filed July 28, 2017) Jane Sanders, owner, proposes to Cleveland Codified Ordinances: install approximately 117 linear feet 1. Section 349.07(a) which states Calendar No. 17-230: 2813 West 12th of 4 feet tall chain link fence in the that a driveway used to provide Street (Ward 3) front yard in a C1 Multi-Family Res- accessibility to accessory off street West 11th Properties, LLC, owner, idential District. The owner appeals parking spaces shall be arranged to proposes to erect a three story 1,302 for relief from the strict application minimize traffic congestion. square foot frame fee simple single of Section 358.04(c)(1) of the Cleve- 2. Section 355.04(a) which states family residence with attached land Codified Ordinances which that the minimum lot area required garage on a 2,609 square foot lot in states that in a Residential District is 4,800 square feet and the appel- a B1 Two-Family Residential Dis- only ornamental fences shall be lant is proposing 2,186 square feet. trict. The owner appeals for relief installed within the front yard. This section also states that the from the following sections of the (Filed August 2, 2017) maximum Gross Floor Area shall Cleveland Codified Ordinances: not exceed 1/2 the lot area or in this 1. Section 349.07(a) which states Calendar No. 17-236: 3953 West 140th case 1,093 square feet and 1,341 that a driveway used to provide Street (Ward 16) square feet are proposed. accessibility to accessory off street Micah Hutz, LLC, owner, proposes 3. Section 357.08(b)(1) which parking spaces shall be arranged to to install approximately 71 lineal states that the Required Rear Yard minimize traffic congestion. feet of 4 foot high chain link fence is 34 feet and 7 inches where 5 feet 2. Section 355.04(a) which states in the front yard. The owner are proposed. that the minimum lot area required appeals for relief from the strict 4. Section 357.09(b)(2)(B) which is 4,800 square feet and the appel- application of Section 358.04(c)(1) of states that no interior side yard lant is proposing 2,609 square feet. the Cleveland Codified Ordinances shall be less than 8.7' and 5 feet 11 3. Section 357.08(b)(1) which which states that in a Residential inches are proposed. states that the Required Rear Yard District only ornamental fences 5. Section 357.09(b)(2)(A) which is 34 feet and 7 inches where 8 feet shall be installed within the front states that no building shall be less 5 inches are proposed. yard. (Filed August 2, 2017) than 10 feet from main building on 4. Section 357.09(b)(2)(B) which adjoining lot and the appellant is states that no interior side yard Calendar No. 17-242: 10433 Edgewa- proposing 5' to the rear yard area shall be less than 8.7' nor should ter Drive (Ward 15) and 8' on side yard. the aggregate side yards be less Lou Carlozzi, owner, proposes to 6. Section 357.13(b)(4) which than 10 feet where a zero interior erect an 11' - 2" x 24' one story states that open porches shall not be side yard is proposed and 5 feet frame kitchen addition to an exist- less than 10' from property line and aggregate side yards are proposed. ing single family residence in an the appellant is proposing 3'. 5. Section 357.09(b)(2)(A) which AA1 Limited One-Family Residential 7. Section 357.15(a) which states states that no building shall be less District. The owner appeals for that the distance between main than 10 feet from main building on relief from the strict application of 1479 50 The City Record August 23, 2017

Section 357.09(b)(1) of the Cleveland story, wood frame garage in an B1 Business District and a Pedestrian Codified Ordinances which states Two-Family Residential District. Retail Overlay District (PRO). that no building shall be erected less than 20 feet from a main build- Calendar No. 17-175: 5502 Tillman Calendar No. 17-215: 10408 Fidelity ing on an adjoining lot within the Avenue Avenue Limited One-Family Residential Dis- Cleveland Bricks, owner, proposes Charles Carpenter, owner, propos- trict. (Filed August 8, 2017) to erect a 2 story, approximately es to erect 19 lineal feet of 7 feet 3,590 square foot, single family res- tall custom built wooden fence in Calendar No. 17-248: 2138 West 18th idence with an attached garage in the rear yard of a B1 Two-Family Street (Ward 3) an B1 Two-Family Residential Dis- Residential District. Matt Berges, owner, proposes to trict. erect a 2,075 square foot single fam- Calendar No. 17-216: 2223 Green Road ily house in a B1 Multi-Family Res- Calendar No. 17-219: 11934 Lorain Henry & Nancy Johnson, owners, idential District. The owner appeals Avenue propose to erect a 14' x 20' one for relief from the strict application Famicos Foundation, owner, pro- story frame sunroom and a 26' x 32' of the following sections of the poses to build a fresh produce mar- second floor room addition attached Cleveland Codified Ordinances. ket in a C2 Local Retail Business to existing single family residence 1. Section 355.04(a) which states District. in an A1 One-Family District. that the minimum lot width for a single family Dwelling in a “B” area The following appeals were Calendar No. 17-217: 678 East 159th district is 40 feet a 30 foot wide lot DENIED: Street is proposed. Ari Wolf, owner, appeals under 2. Section 355.04 which states that None. the authority of Section 76-6 of the a minimum lot area of 4,800 square Charter of the City of Cleveland and feet is required for a single family The following appeal was WITH- Section 329.02(d). dwelling and a lot area of approxi- DRAWN: mately 2,700 square feet is proposed. Secretary 3. Section 357.09(b)(2)(A) which Calendar No. 17-218: 1322 East 105th states that no building shall be Street REPORT OF THE BOARD erected less than ten feet from a Famicos Foundation, owner, pro- main building on a adjoin lot and poses to build a fresh produce mar- OF BUILDING STANDARDS the proposed distance to the adja- ket in a C2 Local Retail Business AND BUILDING APPEALS cent residence is unknown/not District. shown. 4. Section 357.09(b)(2)(B) which The following appeals were DIS- states that no interior side yard on MISSED: NO MEETING a lot occupied by a dwelling house shall be less than five (5) feet in None. width for a corner lot, nor less than PUBLIC NOTICE three (3) feet in width for an inte- The following cases were POST- rior lot, nor shall the aggregate PONED: width of side yards on the same NONE premised be less than ten (10) feet. None. However, the width of any such interior side yard shall in no case The following cases were heard NOTICE OF PUBLIC HEARING be less than one-fourth (1/4) the by the Board of Zoning Appeals on height of the main building on the Monday, August 14, 2017 and the premises. In this case the building decisions were adopted and NONE mean height is approximately 34' - approved on Monday, August 21, 1" thus no interior side yard shall 2017: be less than 8' - 6" and a 5' - 0" side yard is proposed. (Filed August The following appeals were CITY of CLEVELAND BIDS 15, 2017) APPROVED:

The following case has been with- Calendar No. 17-210: 1898 East 123rd drawn by the appellant: Street For All Departments Ange Builders, owner, proposes to Calendar No. 17-205: 2150 St. Clair erect two townhouse buildings con- Sealed bids will be received at the Avenue (Ward 7) taining 5 total units in a C1 Multi- office of the Commissioner of Pur- Glen Pickens, owner, proposes to Family Residential District. chases and Supplies, Room 128, City erect a double faced non-illuminated Hall, in accordance with the append- projecting wall sign 12 feet 8 inch- Calendar No. 17-211: 11008 Superior ed schedule, and will be opened and es above grade in a C3 Semi-Indus- Avenue read in Room 128, City Hall, imme- try District. The owner appeals for Willie Mae Adams, owner, propos- diately thereafter. relief from Section 350.15(b) of the es to change use from restaurant to Each bid must be made in accor- Cleveland Codified Ordinances retail store in a C2 Multi-Family dance with the specifications and which states that a projecting wall Residential District. must be submitted on the blanks sign is not permitted in a Semi- supplied for the purpose, all of Industrial District. (Filed June 29, which may be obtained at the office 2017) Calendar No. 17-212: 7500 Rutledge Avenue of the said Commissioner of Pur- LB Property Mgt. Group, owner, chases and Supplies, but no bid will REPORT OF THE BOARD proposes to erect a 2.5 story single be considered unless delivered to family residence with a 2 car the office of the said commissioner OF ZONING APPEALS detached garage on a 4,800 square previous to 12:00 noon (Eastern foot lot in a B1 Two-Family Resi- Standard Time) on the date speci- dential District. fied in the schedule. MONDAY, AUGUST 21, 2017 187.10 Negotiated contracts; Notice Calendar No. 17-213: 1927 West 48th required in Advertisement for Bids. At the meeting of the Board of Street Where invitations for bids are Zoning Appeals on Monday, August Jeffrey & Linda Corino, owners, advertised, the following notice shall 21, 2017 the following appeals were propose to erect a 16' x 13' - 6" two be included in the advertisement: scheduled for hearing before the story frame second floor room addi- “Pursuant to the MBE/FBE Code, each Board and; tion to single family residence with prime bidder, each minority business new front and rear porches in a B1 enterprise (“MBE”) and each female The following appeals were Two-Family Residential District. business enterprise (“FBE”) must be APPROVED: certified before doing business with Calendar No. 17-214: 5304 Detroit the City. Therefore, any prime Calendar No. 17-170: 5500 Tillman Avenue contractor wishing to receive credit Avenue Jose Casiano, owner, proposes to for using an MBE or FBE should Cleveland Bricks, owner, proposes change use from art gallery to bar ensure that applications for to build a 400 square foot single and restaurant in a C2 Local Retail certification as to MBE or FBE status 1480 August 23, 2017 The City Record 51 compliance with the Code, affirmative WEDNESDAY, SEPTEMBER 13, 2017 11:00A.M. CLEVELAND PUBLIC action in employment and, if POWER, 1300 LAKESIDE applicable, joint venture status, are File No. 120-17 — Marginal Roads/ AVENUE, CLEVELAND, OHIO submitted to the of fice of Equal Western Avenue Rehabilitation 44114, IN THE CENTENNIAL Opportunity (“OEO”) prior to the date (West Blvd. to Lorain Avenue), for ROOM. of bid opening or submission of the Division of Engineering and NOTE: BID MUST BE DELIVERED proposals or as speci fied by the Construction, Office of Capital AT THE OFFICE OF THE Director. Failure to comply with the Projects, as authorized by COMMISSIONER OF PURCHASES business enterprise code or with Ordinance No. 1024-16, passed by the AND SUPPLIES, CLEVELAND representations made on these forms Council of the City of Cleveland, CITY HALL, 601 LAKESIDE may result in cancellation of the November 15, 2016. AVENUE, ROOM 128, CLEVELAND, contract or other civil or criminal THERE WILL BE A NON- OHIO 44114 BEFORE 12 O’CLOCK penalties.” REFUNDABLE FEE FOR PLANS NOON (EASTERN TIME). AND SPECIFICATIONS IN THE FRIDAY, SEPTEMBER 1, 2017 AMOUNT OF SEVENTY-FIVE DOLLARS ($75.00) ONLY IN THE August 16, 2017 and August 23, 2017 File No. 115-17 — 2017-2019 Citywide FORM OF A CASHIER’S CHECK WEDNESDAY, SEPTEMBER 20, 2017 Plumbing Materials, Equipment and OR MONEY ORDER (NO COMPANY Supplies, for various Divisions, CHECKS, NO CASH AND NO File No. 119-17 — 4th and 5th Police Department of Finance, as CREDIT CARDS WILL BE District Parking Lot Improvements, authorized by Section 181.101 of the ACCEPTED TO PURCHASE for the Division of Police, Office of Codified Ordinances of Cleveland, PLANS. ALL PLANS AND Capital Projects, as authorized by Ohio, 1976. SPECIFICATIONS MUST BE Ordinance No. 734-14, passed by the THERE WILL BE A NON- PURCHASED DIRECTLY FROM Council of the City of Cleveland, MANDATORY PRE-BID MEETING, THE DIVISION OF PURCHASES June 9, 2014. FRIDAY, AUGUST 25, 2017 AT 10:30 AND SUPPLIES). THERE WILL BE A NON- A.M. CLEVELAND CITY HALL, 601 THERE WILL BE A NON- REFUNDABLE FEE FOR PLANS LAKESIDE AVENUE, MANDATORY PRE-BID MEETING, AND SPECIFICATIONS IN THE CLEVELAND, OHIO 44114, ROOM WEDNESDAY, AUGUST 30, 2017 AT AMOUNT OF FIFTY DOLLARS 18. 10:00 A.M. CLEVELAND CITY ($50.00) ONLY IN THE FORM OF NOTE: BID MUST BE DELIVERED HALL, 601 LAKESIDE AVENUE, AT THE OFFICE OF THE A CASHIER’S CHECK OR MONEY CLEVELAND, OHIO 44114, ROOM ORDER (NO COMPANY CHECKS, COMMISSIONER OF PURCHASES 518. AND SUPPLIES, CLEVELAND NO CASH AND NO CREDIT CARDS NOTE: BID MUST BE DELIVERED WILL BE ACCEPTED TO CITY HALL, 601 LAKESIDE AT THE OFFICE OF THE AVENUE, ROOM 128, CLEVELAND, PURCHASE PLANS. ALL PLANS COMMISSIONER OF PURCHASES AND SPECIFICATIONS MUST BE OHIO 44114 BEFORE 12 O’CLOCK AND SUPPLIES, CLEVELAND NOON (EASTERN TIME). PURCHASED DIRECTLY FROM CITY HALL, 601 LAKESIDE THE DIVISION OF PURCHASES AVENUE, ROOM 128, CLEVELAND, File No. 117-17 — 2017 Citywide AND SUPPLIES). OHIO 44114 BEFORE 12 O’CLOCK THERE WILL BE A NON- Commercial, Medical, and Specialty NOON (EASTERN TIME). Gases, for various Divisions, MANDATORY PRE-BID MEETING, WEDNESDAY, SEPTEMBER 6, Department of Finance, as File No. 121-17 — West 3rd Lift Bridge authorized by Section 181.101 of the 2017 AT 10:00 A.M. CLEVELAND Beam Repair, for the Division of CITY HALL, 601 LAKESIDE Codified Ordinances of Cleveland, Engineering and Construction, Ohio, 1976. AVENUE, CLEVELAND, OHIO Office of Capital Projects, as 44114, ROOM 517A. THERE WILL BE A NON- authorized by Ordinance No. 637-08, MANDATORY PRE-BID MEETING, NOTE: BID MUST BE DELIVERED passed by the Council of the City of AT THE OFFICE OF THE THURSDAY, AUGUST 24, 2017 AT Cleveland, June 9, 2008. 4:00 P.M. CLEVELAND CITY HALL, COMMISSIONER OF PURCHASES THERE WILL BE A NON- AND SUPPLIES, CLEVELAND 601 LAKESIDE AVENUE, REFUNDABLE FEE FOR PLANS CLEVELAND, OHIO 44114, ROOM CITY HALL, 601 LAKESIDE AND SPECIFICATIONS IN THE AVENUE, ROOM 128, CLEVELAND, 128. AMOUNT OF FIFTY DOLLARS NOTE: BID MUST BE DELIVERED OHIO 44114 BEFORE 12 O’CLOCK ($50.00) ONLY IN THE FORM OF NOON (EASTERN TIME). AT THE OFFICE OF THE A CASHIER’S CHECK OR MONEY COMMISSIONER OF PURCHASES ORDER (NO COMPANY CHECKS, AND SUPPLIES, CLEVELAND NO CASH AND NO CREDIT CARDS August 16, 2017 and August 23, 2017 CITY HALL, 601 LAKESIDE WILL BE ACCEPTED TO AVENUE, ROOM 128, CLEVELAND, PURCHASE PLANS. ALL PLANS WEDNESDAY, SEPTEMBER 13, 2017 OHIO 44114 BEFORE 12 O’CLOCK AND SPECIFICATIONS MUST BE NOON (EASTERN TIME). PURCHASED DIRECTLY FROM File No. 119-17 — Camp Forbes THE DIVISION OF PURCHASES Recreation Center Interior August 16, 2017 and August 23, 2017 AND SUPPLIES). Improvements, for the Division of THERE WILL BE A NON- Architecture and Site Development, THURSDAY, SEPTEMBER 7, 2017 MANDATORY PRE-BID MEETING, Office of Capital Projects, as FRIDAY, AUGUST 25, 2017 AT 9:00 authorized by Ordinance No. 1395- File No. 116-17 — 2017-2019 Citywide A.M. CLEVELAND CITY HALL, 601 16, passed by the Council of the City Purchase of Various Electrical LAKESIDE AVENUE, of Cleveland, January 30, 2017. Materials, Equipment and Supplies, CLEVELAND, OHIO 44114, ROOM THERE WILL BE A NON- for various Divisions, Department 518. REFUNDABLE FEE FOR PLANS of Finance, as authorized by Section NOTE: BID MUST BE DELIVERED AND SPECIFICATIONS IN THE 181.101 of the Codified Ordinances of AT THE OFFICE OF THE AMOUNT OF FIFTY DOLLARS Cleveland, Ohio, 1976. COMMISSIONER OF PURCHASES ($50.00) ONLY IN THE FORM OF THERE WILL BE A NON- AND SUPPLIES, CLEVELAND A CASHIER’S CHECK OR MONEY MANDATORY PRE-BID MEETING, CITY HALL, 601 LAKESIDE ORDER (NO COMPANY CHECKS, THURSDAY, AUGUST 24, 2017 AT AVENUE, ROOM 128, CLEVELAND, NO CASH AND NO CREDIT CARDS 2:30 P.M. CLEVELAND CITY HALL, OHIO 44114 BEFORE 12 O’CLOCK WILL BE ACCEPTED TO 601 LAKESIDE AVENUE, NOON (EASTERN TIME). PURCHASE PLANS. ALL PLANS CLEVELAND, OHIO 44114, ROOM AND SPECIFICATIONS MUST BE 18. PURCHASED DIRECTLY FROM NOTE: BID MUST BE DELIVERED August 16, 2017 and August 23, 2017 THE DIVISION OF PURCHASES AT THE OFFICE OF THE AND SUPPLIES). COMMISSIONER OF PURCHASES FRIDAY, SEPTEMBER 15, 2017 THERE WILL BE A NON- AND SUPPLIES, CLEVELAND MANDATORY PRE-BID MEETING, CITY HALL, 601 LAKESIDE File No. 118-17 — LED Street Light WEDNESDAY, AUGUST 30, 2017 AT AVENUE, ROOM 128, CLEVELAND, Project, for the Division of 11:00A.M. LOCATED AT OHIO 44114 BEFORE 12 O’CLOCK Cleveland Public Power, CLEVELAND CITY HALL, 601 NOON (EASTERN TIME). Department of Public Utilites. LAKESIDE AVENUE, CLEVE - THERE WILL BE A NON- LAND, OHIO 44114 ROOM 517A. MANDATORY PRE-BID MEETING, NOTE: BID MUST BE DELIVERED August 16, 2017 and August 23, 2017 TUESDAY, AUGUST 29, 2017 AT AT THE OFFICE OF THE 1481 52 The City Record August 23, 2017

COMMISSIONER OF PURCHASES ($50.00) ONLY IN THE FORM OF LAKESIDE AVENUE, CLEVE - AND SUPPLIES, CLEVELAND A CASHIER’S CHECK OR MONEY LAND, OHIO 44114, ROOM 8. CITY HALL, 601 LAKESIDE ORDER (NO COMPANY CHECKS, NOTE: BID MUST BE DELIVERED AVENUE, ROOM 128, CLEVELAND, NO CASH AND NO CREDIT CARDS, AT THE OFFICE OF THE OHIO 44114 BEFORE 12 O’CLOCK WILL BE ACCEPTED TO COMMISSIONER OF PURCHASES NOON (EASTERN TIME). PURCHASE PLANS. ALL PLANS AND SUPPLIES, CLEVELAND AND SPECIFICATIONS MUST BE CITY HALL, 601 LAKESIDE File No. 120-17 — Martin Luther King PURCHASED DIRECTLY FROM AVENUE, ROOM 128, CLEVELAND, Jr. Drive Rehabilitation: Kinsman THE DIVISION OF PURCHASES OHIO 44114 BEFORE 12 O’CLOCK Road to Shaker Boulevard, for the AND SUPPLIES.) NOON (EASTERN TIME). Division of Engineering and THERE WILL BE A NON- Construction, Office of Capital MANDATORY PRE-BID MEETING, File No. 126-17 — Purchase of Various Projects, as authorized by THURSDAY, AUGUST 31, 2017 AT International Truck Parts and Ordinance No. 1024-16, passed by the 10:00 A.M. LOCATED AT CLEVE - Labor, for the Division of Motor Council of the City of Cleveland, LAND CITY HALL, 601 LAKESIDE Vehicle Maintenance, Department November 14, 2016. AVENUE, CLEVELAND, OHIO of Public Works, as authorized by THERE WILL BE A NON- 44114 ROOM 517A. Section 131.64 of the Codified REFUNDABLE FEE FOR PLANS NOTE: BID MUST BE DELIVERED Ordinances of Cleveland, Ohio, 1976. AND SPECIFICATIONS IN THE AT THE OFFICE OF THE THERE WILL BE A NON- AMOUNT OF SEVENTY-FIVE COMMISSIONER OF PURCHASES MANDATORY PRE-BID MEETING, DOLLARS ($75.00) ONLY IN THE AND SUPPLIES, CLEVELAND THURSDAY, AUGUST 31, 2017 AT FORM OF A CASHIER’S CHECK CITY HALL, 601 LAKESIDE 10:30 A.M. LOCATED AT OR MONEY ORDER (NO COMPANY AVENUE, ROOM 128, CLEVELAND, CLEVELAND CITY HALL, 601 CHECKS, NO CASH AND NO OHIO 44114 BEFORE 12 O’CLOCK LAKESIDE AVENUE, CLEVE - CREDIT CARDS WILL BE NOON (EASTERN TIME). LAND, OHIO 44114, ROOM 8. ACCEPTED TO PURCHASE NOTE: BID MUST BE DELIVERED PLANS. ALL PLANS AND File No. 122-17 — Meters and Metering AT THE OFFICE OF THE SPECIFICATIONS MUST BE Equipment, for the Division of COMMISSIONER OF PURCHASES PURCHASED DIRECTLY FROM Cleveland Public Power, AND SUPPLIES, CLEVELAND THE DIVISION OF PURCHASES Department of Public Utilities, as CITY HALL, 601 LAKESIDE AND SUPPLIES). authorized by Section 129.26 of the AVENUE, ROOM 128, CLEVELAND, THERE WILL BE A NON- Codified Ordinances of Cleveland, OHIO 44114 BEFORE 12 O’CLOCK MANDATORY PRE-BID MEETING, Ohio, 1976. NOON (EASTERN TIME). WEDNESDAY, SEPTEMBER 6, THERE WILL BE A NON- 2017 AT 9:00 A.M. LOCATED AT MANDATORY PRE-BID MEETING, File No. 127-17 — Purchase of Various CLEVELAND CITY HALL, 601 FRIDAY, SEPTEMBER 1, 2017 AT Fire Apparatus Equipment Parts LAKESIDE AVENUE, CLEVE - 10:00 A.M. LOCATED AT and Labor, for the Division of Motor LAND, OHIO 44114 ROOM 518. CLEVELAND PUBLIC POWER, Vehicle Maintenance, Department NOTE: BID MUST BE DELIVERED 1300 LAKESIDE AVENUE, of Public Works, as authorized by AT THE OFFICE OF THE CLEVELAND, OHIO 44114, Section 131.64 of the Codified COMMISSIONER OF PURCHASES CONFERENCE ROOM A. Ordinances of Cleveland, Ohio, 1976. AND SUPPLIES, CLEVELAND NOTE: BID MUST BE DELIVERED THERE WILL BE A NON- CITY HALL, 601 LAKESIDE AT THE OFFICE OF THE MANDATORY PRE-BID MEETING, AVENUE, ROOM 128, CLEVELAND, COMMISSIONER OF PURCHASES THURSDAY, AUGUST 31, 2017 AT OHIO 44114 BEFORE 12 O’CLOCK AND SUPPLIES, CLEVELAND 11:00 A.M. LOCATED AT NOON (EASTERN TIME). CITY HALL, 601 LAKESIDE CLEVELAND CITY HALL, 601 AVENUE, ROOM 128, CLEVELAND, LAKESIDE AVENUE, CLEVE - LAND, OHIO 44114, ROOM 8. August 23, 2017 and August 30, 2017 OHIO 44114 BEFORE 12 O’CLOCK NOON (EASTERN TIME). NOTE: BID MUST BE DELIVERED AT THE OFFICE OF THE THURSDAY, SEPTEMBER 14, 2017 File No. 123-17 — PVC and FRE COMMISSIONER OF PURCHASES AND SUPPLIES, CLEVELAND File No. 124-17 — 2017-2019 Armored Ductline Materials, for the Division CITY HALL, 601 LAKESIDE Courier Services (Re-Bid), for of Cleveland Public Power, AVENUE, ROOM 128, CLEVELAND, various Divisions, Department of Department of Public Utilities, as OHIO 44114 BEFORE 12 O’CLOCK Finance, as authorized by Section authorized by Ordinance No. 804-14, NOON (EASTERN TIME). 181.101 of the Codified Ordinances of passed by the Council of the City of Cleveland, Ohio, 1976. Cleveland, July 16, 2014. THERE WILL BE A NON- THERE WILL BE A NON- August 23, 2017 and August 30, 2017 MANDATORY PRE-BID MEETING, MANDATORY PRE-BID MEETING, THURSDAY, AUGUST 31, 2017 AT FRIDAY, SEPTEMBER 1, 2017 AT 1:30 P.M. LOCATED AT 11:00A.M. LOCATED AT ADOPTED RESOLUTIONS CLEVELAND CITY HALL, 601 CLEVELAND PUBLIC POWER, AND ORDINANCES LAKESIDE AVENUE, CLEVE - 1300 LAKESIDE AVENUE, LAND, OHIO 44114, ROOM 18. CLEVELAND, OHIO 44114, NOTE: BID MUST BE DELIVERED CONFERENCE ROOM A. Res. No. 834-17. AT THE OFFICE OF THE NOTE: BID MUST BE DELIVERED By Council Members Dow, COMMISSIONER OF PURCHASES AT THE OFFICE OF THE Brancatelli and Kelley (by AND SUPPLIES, CLEVELAND COMMISSIONER OF PURCHASES departmental request). CITY HALL, 601 LAKESIDE AND SUPPLIES, CLEVELAND An emergency resolution approv- AVENUE, ROOM 128, CLEVELAND, CITY HALL, 601 LAKESIDE ing the formation of a new special OHIO 44114 BEFORE 12 O’CLOCK AVENUE, ROOM 128, CLEVELAND, improvement district in the City; NOON (EASTERN TIME). OHIO 44114 BEFORE 12 O’CLOCK accepting petitions from owners of NOON (EASTERN TIME). property in the proposed district; revising and approving the Articles August 23, 2017 and August 30, 2017 of Incorporation for the Ohio non- August 23, 2017 and August 30, 2017 profit corporation to be set up to FRIDAY, SEPTEMBER 15, 2017 govern the new district; approving THURSDAY, SEPTEMBER 28, 2017 the initial comprehensive services File No. 121-17 — Cudell Recreation plan for the new district; declaring Center-Bid Package #1 - Mechanical File No. 125-17 — Purchase of Ford it necessary to provide cleaning and and Electrical Improvements, for Passenger and Police Vehicle Parts safety services; office, retail and the Division of Architecture and Site and Labor, for the Division of Motor residential development; and mar- Development, Office of Capital Vehicle Maintenance, Department keting for the district; providing for Projects, as authorized by of Public Works, as authorized by an assessment for the cost of such Ordinance No. 732-14, passed by the Section 131.64 of the Codified work upon benefited property in the Council of the City of Cleveland, Ordinances of Cleveland, Ohio, 1976. district; and declaring an emer- June 9, 2014. THERE WILL BE A NON- gency. THERE WILL BE A NON- MANDATORY PRE-BID MEETING, Whereas, Chapter 1710 of the Ohio REFUNDABLE FEE FOR PLANS THURSDAY, AUGUST 31, 2017 AT Revised Code (the “Code”) autho- AND SPECIFICATIONS IN THE 10:00 A.M. LOCATED AT rizes the formation of special AMOUNT OF FIFTY DOLLARS CLEVELAND CITY HALL, 601 improvement districts within the 1482 August 23, 2017 The City Record 53 boundaries of a municipality by welfare of the City to provide shall take effect and be in force from petition of the property owners of a additional cleaning and safety and after the earliest period allowed proposed district for approval by the services; job, resident, and business by law. municipality for the purpose of attraction efforts; and other image Adopted August 16, 2017. developing and implementing plans and advocacy services for the District Effective August 21, 2017. for public improvements and public as described in the Petition on file services to benefit the proposed dis- with the Clerk of Council for a three- trict; and year period commencing after passage Whereas, owners of at least sixty of the ordinance to levy the Res. No. 972-17. percent of the front footage of all assessment. By Council Member Reed. qualifying real property located in Section 4. That it is determined that An emergency resolution object- a new proposed special improvement the property contained within the ing to a New C1 Liquor Permit at district (the “District”) have signed District will be specially benefited by 9302 Miles Avenue. a petition (the “Petition”) request- the above described public services Whereas, Council has been noti- ing that the City of Cleveland (the and shall be assessed to pay for the fied by the Division of Liquor Con- “City”) create the new District con- cost of the services, calculated in trol of an application for a New C1 sisting generally of that portion of proportion to the benefits that should Liquor Permit at Family Dollar the City bounded on the north by St. result from the services, as described Stores of Ohio, Inc., DBA Family Clair Avenue; on the south by Payne in the Petition on file with the Clerk of Dollar #5778, 9302 Miles Avenue, Avenue; on the west by East 18th Council. Cleveland, Ohio 44105, Permit Num- Street; and on the east by East 26th Section 5. That the Plan placed in ber 26312750205; and Street; and the above-mentioned file is approved Whereas, the granting of this Whereas, the Petition requests at an estimated total cost of $645,945. application for a liquor permit to that the District be governed by a Section 6. That the cost of the Plan this high crime area, which is new Ohio nonprofit corporation (the may include the cost of printing, already saturated with other liquor “Corporation”) to be formed pur- serving, and publishing notices, outlets, is contrary to the best inter- suant to the requirements of Chap- resolutions, and ordinances; the costs ests of the entire community; and ters 1702 and 1710 of the Code and incurred in connection with the Whereas, the applicant does not attaches proposed Articles of Incor- preparation, levy, and collection of the qualify to be a permit holder and/or poration (the “Articles”) for the Cor- special assessments; the expenses of has demonstrated that he has oper- poration; and legal services; the cost of labor, ated his liquor business in disregard Whereas, under Section 1710.02(F) materials and all other necessary of the laws, regulations or local of the Code, the petitioners have expenditures which the City is ordinances of this state or any other approved an initial plan for public permitted to pass on by law. state; and services benefitting all of the Dis- Section 7. That the assessments to Whereas, the place for which the trict (the “Plan”) and have submit- be levied shall be paid when levied in permit is sought has not conformed ted the Plan as part of the Petition three annual installments. The first to the building, safety or health proposing the creation of the Dis- annual installment shall be payable in requirements of the governing body trict; and cash to the Commissioner of of this County or City; and Whereas, the Petition, including Assessments and Licenses of the City Whereas, the place for which the the proposed Articles and the Plan, (the “Commissioner”) on or before permit is sought is so arranged or have been filed with the Clerk of January 15, 2018. All payments not constructed that law enforcement Council and the Mayor of the City; received by the Commissioner by July officers or agents of the Division of and 31, 2018, shall be certified to the Liquor Control are prevented rea- Whereas, under Section 1710.02(E) Cuyahoga County Fiscal Officer to be sonable access to the establishment; of the Code, within sixty days of fil- placed on the tax duplicate and and ing the Petition with the City, the collected the same as other taxes, as Whereas, the place for which the City Council must approve or disap- provided by law. The second and third permit is sought is so located with prove the Petition, including the annual installments will be certified respect to the neighborhood that it proposed Articles and the Plan, by to the County to be placed directly on substantially interferes with public resolution, with or without the impo- the tax duplicate. decency, sobriety, peace or good sition of reasonable conditions; and Section 8. That no notes or bonds of order; and Whereas, this resolution consti- the City shall be issued in anticipation Whereas, this objection is based tutes an emergency measure provid- of the levy or collection of the special on other legal grounds as set forth ing for the usual daily operation of assessments. in Revised Code Section 4303.292; a municipal department; now, there- Section 9. That the Commissioner is and fore authorized to prepare and separately Whereas, this resolution consti- Be it resolved by the Council of the file with the Clerk of Council an tutes an emergency measure provid- City of Cleveland: estimated assessment under the ing for the immediate preservation Section 1. That the Petition, provisions of this resolution showing of the public peace, prosperity, safe- including the Articles and the Plan, the amount of the assessment against ty and welfare pursuant to Section is accepted and approved with the each lot or parcel of land to be 4303.26 of the Ohio Revised Code. following revision and is placed in assessed. Such estimated assessment Council’s objection to said permit File No. 834-17-A. Pursuant to section shall be based on the estimated cost of must be received by the Superinten- 1710.02(D)(1) of the Code, the name the Plan and placed in the afore- dent of Liquor Control within 30 of the District must include the mentioned file. After the estimated days of notification; now, therefore, name of the political subdivision. special assessments have been filed, Be it resolved by the Council of the Therefore, the name of the Corpora- the Clerk of Council shall cause notice City of Cleveland: tion shall be “The Cleveland Supe- of the adoption of this resolution and Section 1. That Council does here- rior Arts Improvement Corporation” the filing of the estimated special by record its objection to a New C1 and the name of the District shall assessments to be served in the Liquor Permit at Family Dollar be “The Cleveland Superior Arts manner provided by law on the owners Stores of Ohio, Inc., DBA Family Improvement District”. The proposed of all lots and parcels to be assessed. Dollar #5778, 9302 Miles Avenue, Articles shall be revised according- Section 10. That this Council finds Cleveland, Ohio 44105, Permit Num- ly and filed with the Ohio Secretary and determines that all formal actions ber 26312750205; and requests the of State. of this Council concerning and Superintendent of Liquor Control to Section 2. That, under Chapter 1710 relating to the passage of this set a hearing for said application in of the Code, there is hereby resolution were adopted in an open accordance with provisions of Sec- established in the City a special meeting of the Council and that all tion 4303.26 of the Revised Code of improvement district to be known as deliberations of the Council and of any Ohio. “The Cleveland Superior Arts of its committees that resulted in those Section 2. That the Clerk of Council Improvement District”, whose formal actions were in meetings open be and she is hereby directed to boundaries shall be as follows: St. to the public in compliance with the transmit two certified copies of this Clair Avenue to the north; Payne law. resolution, together with two copies of Avenue to the south; East 18th Street Section 11. That this resolution is a letter of objection and two copies of to the west; and East 26th Street to the declared to be an emergency measure a letter requesting that the hearing be east, as more particularly described in and, provided it receives the held in Cleveland, Cuyahoga County. the Petition on file with the Clerk of affirmative vote of two-thirds of all Section 3. That this resolution is Council. the members elected to Council, it hereby declared to be an emergency Section 3. That it is determined and shall take effect and be in force measure and, provided it receives the declared necessary and conducive to immediately upon its adoption and affirmative vote of two-thirds of all the public health, convenience and approval by the Mayor; otherwise it the members elected to Council, it 1483 54 The City Record August 23, 2017 shall take effect and be in force Res. No. 974-17. Woodhill Road, Cleveland, Ohio immediately upon its adoption and By Council Member K. Johnson. 44104, Permit Number 4118410; and approval by the Mayor; otherwise, it An emergency resolution object- Whereas, the granting of this shall take effect and be in force from ing to the renewal of a C1, C2 and application for a liquor permit to and after the earliest period allowed D6 Liquor Permit at 12408 Union this high crime area, which is by law. Avenue, Unit A. already saturated with other liquor Adopted August 16, 2017. Whereas, the uniform date for outlets, is contrary to the best inter- Effective August 21, 2017. renewal of liquor permits in the ests of the entire community; and State of Ohio is October 1st; and Whereas, the applicant does not Whereas, pursuant to Section qualify to be a permit holder and/or 4303.271 of the Revised Code, the has demonstrated that he has oper- Res. No. 973-17. legislative authority of a municipal ated his liquor business in disregard By Council Member K. Johnson. corporation may object to the renew- of the laws, regulations or local An emergency resolution object- al of a permit based upon legal ordinances of this state or any other ing to the renewal of a C1 and C2 grounds as set forth in division (A) state; and of Revised Code Section 4303.292; Liquor Permit at 3258 East 140th Whereas, the place for which the and permit is sought has not conformed Street. Whereas, the applicant is unfit to to the building, safety or health Whereas, the uniform date for continue to engage in the liquor per- requirements of the governing body renewal of liquor permits in the mit business in that he has operat- of this County or City; and State of Ohio is October 1st; and ed his liquor permit business in a Whereas, the place for which the Whereas, pursuant to Section manner that demonstrates a disre- permit is sought is so arranged or 4303.271 of the Revised Code, the gard for the laws, regulations or constructed that law enforcement legislative authority of a municipal local ordinances of the state, and officers or agents of the Division of corporation may object to the renew- that this objection is based on other Liquor Control are prevented rea- al of a permit based upon legal legal grounds as set forth in sonable access to the establishment; grounds as set forth in division (A) Revised Code Section 4303.292; and and of Revised Code Section 4303.292; Whereas, this resolution consti- Whereas, the place for which the and tutes an emergency measure provid- permit is sought is so located with Whereas, the applicant is unfit to ing for the immediate preservation respect to the neighborhood that it continue to engage in the liquor per- of the public peace, prosperity, safe- substantially interferes with public mit business in that he has operat- ty and welfare pursuant to Section decency, sobriety, peace or good ed his liquor permit business in a 4303.271 of the Ohio Revised Code, order; and manner that demonstrates a disre- objections to renewal of liquor per- Whereas, this objection is based gard for the laws, regulations or mits shall be made no later than on other legal grounds as set forth local ordinances of the state, and thirty days prior to the expiration in Revised Code Section 4303.292; that this objection is based on other date of the permit; now, therefore, and legal grounds as set forth in Be it resolved by the Council of the Whereas, this resolution consti- Revised Code Section 4303.292; and City of Cleveland: tutes an emergency measure provid- Whereas, this resolution consti- Section 1. That Council does here- ing for the immediate preservation by record its objection to the renew- tutes an emergency measure provid- of the public peace, prosperity, safe- al of a C1, C2 and D6 Liquor Per- ing for the immediate preservation ty and welfare pursuant to Section mit, Permit No. 2600031 owned by of the public peace, prosperity, safe- 4303.26 of the Ohio Revised Code. Fakhoury Enterprises, Inc., 12408 ty and welfare pursuant to Section Council’s objection to said permit Union Avenue, Unit A, Cleveland, 4303.271 of the Ohio Revised Code, must be received by the Superinten- Ohio 44105 and requests the Super- objections to renewal of liquor per- dent of Liquor Control within 30 intendent of the Division of Liquor mits shall be made no later than days of notification; now, therefore, thirty days prior to the expiration Control to set a hearing for said application in accordance with pro- Be it resolved by the Council of the date of the permit; now, therefore, City of Cleveland: Be it resolved by the Council of the visions of Section 4303.271 of the Revised Code of Ohio. Section 1. That Council does here- City of Cleveland: by record its objection to a New C2 Section 1. That Council does here- Section 2. That the Clerk of Council be and she is hereby directed to Liquor Permit at Ibald Beverage, by record its objection to the renew- Inc., DBA American Food Mart, 2603 al of a C1 and C2 Liquor Permit, transmit two certified copies of this resolution, together with two copies of Woodhill Road, Cleveland, Ohio Permit No. 8871287 owned by 3258 44104, Permit Number 4118410; and East 140th Street, Inc., DBA Abell a letter of objection and two copies of a letter requesting that the hearing be requests the Superintendent of Foods, 3258 East 140th Street, Cleve- Liquor Control to set a hearing for land, Ohio 44120 and requests the held in Cleveland, Cuyahoga County, and a statement by the Director of said application in accordance with Superintendent of the Division of provisions of Section 4303.26 of the Liquor Control to set a hearing for Law that, in the Director’s opinion, that the objection is based upon Revised Code of Ohio. said application in accordance with Section 2. That the Clerk of Council provisions of Section 4303.271 of the substantial legal grounds within the meaning and intent of division (A) of be and she is hereby directed to Revised Code of Ohio. transmit two certified copies of this Section 2. That the Clerk of Council Section 4303.292 of the Revised Code to the Superintendent of the Division of resolution, together with two copies of be and she is hereby directed to Liquor Control. a letter of objection and two copies of transmit two certified copies of this Section 3. That this resolution is a letter requesting that the hearing be resolution, together with two copies of hereby declared to be an emergency held in Cleveland, Cuyahoga County. a letter of objection and two copies of measure and, provided it receives the Section 3. That this resolution is a letter requesting that the hearing be affirmative vote of two-thirds of all hereby declared to be an emergency held in Cleveland, Cuyahoga County, the members elected to Council, it measure and, provided it receives the and a statement by the Director of shall take effect and be in force affirmative vote of two-thirds of all Law that, in the Director’s opinion, immediately upon its adoption and the members elected to Council, it that the objection is based upon approval by the Mayor; otherwise, it shall take effect and be in force substantial legal grounds within the shall take effect and be in force from immediately upon its adoption and meaning and intent of division (A) of and after the earliest period allowed approval by the Mayor; otherwise, it Section 4303.292 of the Revised Code to by law. shall take effect and be in force from the Superintendent of the Division of Adopted August 16, 2017. and after the earliest period allowed Liquor Control. Effective August 21, 2017. by law. Section 3. That this resolution is Adopted August 16, 2017. hereby declared to be an emergency Effective August 21, 2017. measure and, provided it receives the affirmative vote of two-thirds of all Res. No. 975-17. the members elected to Council, it By Council Member Griffin. shall take effect and be in force An emergency resolution object- Res. No. 976-17. immediately upon its adoption and ing to a New C2 Liquor Permit at By Council Member Dow. approval by the Mayor; otherwise, it 2603 Woodhill Road. An emergency resolution with- shall take effect and be in force from Whereas, Council has been noti- drawing objection to the transfer of and after the earliest period allowed fied by the Division of Liquor Con- ownership of a C2 and C2X Liquor by law. trol of an application for a New C2 Permit at 1905 East 55th Street and Adopted August 16, 2017. Liquor Permit at Ibald Beverage, repealing Resolution No. 392-17 Effective August 21, 2017. Inc., DBA American Food Mart, 2603 objecting to said permit. 1484 August 23, 2017 The City Record 55

Whereas, this Council objected to Whereas, the place for which the requirements of the governing body a transfer of ownership of a C2 and permit is sought is so located with of this County or City; and C2X Liquor Permit to BD’s Ohio, respect to the neighborhood that it Whereas, the place for which the Inc., DBA Grandpa’s Kitchen, 1905 substantially interferes with public permit is sought is so arranged or East 55th Street, Cleveland, Ohio decency, sobriety, peace or good constructed that law enforcement 44103, Permit Number 0347925 by order; and officers or agents of the Division of Resolution No. 392-17 adopted by the Whereas, this objection is based Liquor Control are prevented rea- Council on April 10, 2017; and on other legal grounds as set forth sonable access to the establishment; Whereas, this Council wishes to in Revised Code Section 4303.292; and withdraw its objection to the above and Whereas, the place for which the permit and consents to said permit; Whereas, this resolution consti- permit is sought is so located with and tutes an emergency measure provid- respect to the neighborhood that it Whereas, this resolution consti- ing for the immediate preservation substantially interferes with public tutes an emergency measure provid- of the public peace, prosperity, safe- decency, sobriety, peace or good ing for the usual daily operation of ty and welfare pursuant to Section order; and a municipal department; now, there- 4303.26 of the Ohio Revised Code. Whereas, this objection is based fore, Council’s objection to said permit on other legal grounds as set forth Be it resolved by the Council of the must be received by the Superinten- in Revised Code Section 4303.292; City of Cleveland: dent of Liquor Control within 30 and Section 1. That objection to the days of notification; now, therefore, Whereas, this resolution consti- transfer of ownership of a C2 and Be it resolved by the Council of the tutes an emergency measure provid- C2X Liquor Permit to BD’s Ohio, City of Cleveland: ing for the immediate preservation Inc., DBA Grandpa’s Kitchen, 1905 Section 1. That Council does here- of the public peace, prosperity, safe- East 55th Street, Cleveland, Ohio by record its objection to the trans- ty and welfare pursuant to Section 44103, Permit Number 0347925, be fer of ownership of a D5 Liquor Per- 4303.26 of the Ohio Revised Code. and the same is hereby withdrawn mit from Rojanet, Inc., DBA Council’s objection to said permit and Resolution No. 392-17Q, contain- Casablanca Restaurant & Lounge, must be received by the Superinten- ing such objection, be and the same 2218 Broadview Road, Cleveland, dent of Liquor Control within 30 is hereby repealed and that this Ohio 44109, Permit Number days of notification; now, therefore, Council consents to the immediate 74865650005 to Ibex Transportation, Be it resolved by the Council of the permit thereof. LLC, DBA Lucy Ethiopian Restau- City of Cleveland: Section 2. That this resolution is rant & Bar, 2218 Broadview Road, Section 1. That Council does here- hereby declared to be an emergency Cleveland, Ohio 44109, Permit Num- by record its objection to a New C1 measure and provided it receives the ber 4118908; and requests the Super- Liquor Permit at Family Dollar affirmative vote of two-thirds of all intendent of Liquor Control to set a Stores of Ohio, Inc., DBA Family the members elected to Council, it hearing for said application in Dollar Stores, 1781, 2704 Clark shall take effect and be in force accordance with provisions of Sec- Avenue, Cleveland, Ohio 44109, Per- immediately upon its adoption and tion 4303.26 of the Revised Code of mit Number 26312750200; and approval by the Mayor; otherwise, it Ohio. requests the Superintendent of shall take effect and be in force from Section 2. That the Clerk of Council Liquor Control to set a hearing for and after the earliest period allowed be and she is hereby directed to said application in accordance with by law. transmit two certified copies of this provisions of Section 4303.26 of the Adopted August 16, 2017. resolution, together with two copies of Revised Code of Ohio. Effective August 21, 2017. a letter of objection and two copies of Section 2. That the Clerk of Council a letter requesting that the hearing be be and she is hereby directed to held in Cleveland, Cuyahoga County. transmit two certified copies of this Section 3. That this resolution is resolution, together with two copies of Res. No. 977-17. hereby declared to be an emergency a letter of objection and two copies of By Council Member Brancatelli. measure and, provided it receives the a letter requesting that the hearing be held in Cleveland, Cuyahoga County. An emergency resolution object- affirmative vote of two-thirds of all Section 3. That this resolution is ing to the transfer of ownership of the members elected to Council, it hereby declared to be an emergency a D5 Liquor Permit to 2218 Broad- shall take effect and be in force measure and, provided it receives the view Road. immediately upon its adoption and affirmative vote of two-thirds of all Whereas, Council has been noti- approval by the Mayor; otherwise, it the members elected to Council, it fied by the Division of Liquor Con- shall take effect and be in force from shall take effect and be in force trol of an application for the trans- and after the earliest period allowed immediately upon its adoption and fer of ownership of a D5 Liquor Per- by law. approval by the Mayor; otherwise, it mit from Rojanet, Inc., DBA Adopted August 16, 2017. shall take effect and be in force from Casablanca Restaurant & Lounge, Effective August 21, 2017. and after the earliest period allowed 2218 Broadview Road, Cleveland, by law. Ohio 44109, Permit Number Adopted August 16, 2017. 74865650005 to Ibex Transportation, Effective August 21, 2017. LLC, DBA Lucy Ethiopian Restau- Res. No. 978-17. rant & Bar, 2218 Broadview Road, By Council Member Cummins. Cleveland, Ohio 44109, Permit Num- An emergency resolution object- ber 4118908; and ing to a New C1 Liquor Permit at Res. No. 979-17. Whereas, the granting of this 2704 Clark Avenue. By Council Member Zone. application for a liquor permit to Whereas, Council has been noti- An emergency resolution with- this high crime area, which is fied by the Division of Liquor Con- drawing objection to the renewal of already saturated with other liquor trol of an application for a New C1 a D5 and D6 Liquor Permit at 11526- outlets, is contrary to the best inter- Liquor Permit at Family Dollar 11528 Clifton Boulevard and repeal- ests of the entire community; and Stores of Ohio, Inc., DBA Family ing Resolution No. 980-16 objecting Whereas, the applicant does not Dollar Stores, 1781, 2704 Clark to said renewal. qualify to be a permit holder and/or Avenue, Cleveland, Ohio 44109, Per- Whereas, this Council objected to has demonstrated that he has oper- mit Number 26312750200; and the renewal of a D5 and D6 Liquor ated his liquor business in disregard Whereas, the granting of this Permit to Tripod Tavern, Inc., DBA of the laws, regulations or local application for a liquor permit to Tick Tock Tavern & Patio, 11526- ordinances of this state or any other this high crime area, which is 11528 Clifton Boulevard, Cleveland, state; and already saturated with other liquor Ohio 44102, Permanent Number Whereas, the place for which the outlets, is contrary to the best inter- 9060830 by Resolution No. 980-16, permit is sought has not conformed ests of the entire community; and adopted by the Council on August to the building, safety or health Whereas, the applicant does not 10, 2016; and requirements of the governing body qualify to be a permit holder and/or Whereas, this Council wishes to of this County or City; and has demonstrated that he has oper- withdraw its objection to the above Whereas, the place for which the ated his liquor business in disregard permit and consents to said permit; permit is sought is so arranged or of the laws, regulations or local and constructed that law enforcement ordinances of this state or any other Whereas, this resolution consti- officers or agents of the Division of state; and tutes an emergency measure provid- Liquor Control are prevented rea- Whereas, the place for which the ing for the usual daily operation of sonable access to the establishment; permit is sought has not conformed a municipal department; now, there- and to the building, safety or health fore, 1485 56 The City Record August 23, 2017

Be it resolved by the Council of the Whereas, the uniform date for grounds as set forth in division (A) City of Cleveland: renewal of liquor permits in the of Revised Code Section 4303.292; Section 1. That objection to the State of Ohio is October 1st; and and renewal of a D5 and D6 Liquor Per- Whereas, pursuant to Section Whereas, the applicant is unfit to mit to Tripod Tavern, Inc., DBA 4303.271 of the Revised Code, the continue to engage in the liquor per- Tick Tock Tavern & Patio, 11526- legislative authority of a municipal mit business in that he has operat- 11528 Clifton Boulevard, Cleveland, corporation may object to the renew- ed his liquor permit business in a Ohio 44102, Permanent Number al of a permit based upon legal manner that demonstrates a disre- 9060830, be and the same is hereby grounds as set forth in division (A) gard for the laws, regulations or withdrawn and Resolution No. 980- of Revised Code Section 4303.292; local ordinances of the state, and 16, containing such objection, be and and that this objection is based on other the same is hereby repealed and Whereas, the applicant is unfit to legal grounds as set forth in that this Council consents to the continue to engage in the liquor per- Revised Code Section 4303.292; and immediate permit thereof. mit business in that he has operat- Whereas, this resolution consti- Section 2. That this resolution is ed his liquor permit business in a tutes an emergency measure provid- hereby declared to be an emergency manner that demonstrates a disre- ing for the immediate preservation measure and provided it receives the gard for the laws, regulations or of the public peace, prosperity, safe- affirmative vote of two-thirds of all local ordinances of the state, and ty and welfare pursuant to Section the members elected to Council, it that this objection is based on other 4303.271 of the Ohio Revised Code, shall take effect and be in force legal grounds as set forth in objections to renewal of liquor per- immediately upon its adoption and Revised Code Section 4303.292; and mits shall be made no later than approval by the Mayor; otherwise, it Whereas, this resolution consti- thirty days prior to the expiration shall take effect and be in force from tutes an emergency measure provid- date of the permit; now, therefore, and after the earliest period allowed ing for the immediate preservation Be it resolved by the Council of the by law. of the public peace, prosperity, safe- City of Cleveland: Adopted August 16, 2017. ty and welfare pursuant to Section Section 1. That Council does here- Effective August 21, 2017. 4303.271 of the Ohio Revised Code, by record its objection to the renew- objections to renewal of liquor per- al of a C1 and C2 Liquor Permit, mits shall be made no later than Permit No. 6857042 owned by Petro thirty days prior to the expiration Energy Northeast, Inc., 910 East Res. No. 980-17. date of the permit; now, therefore, 185th Street, Cleveland, Ohio 44119 By Council Member Kazy. Be it resolved by the Council of the and requests the Superintendent of An emergency resolution with- City of Cleveland: the Division of Liquor Control to set drawing objection to the transfer of Section 1. That Council does here- a hearing for said application in ownership of a C1 Liquor Permit at by record its objection to the renew- accordance with provisions of Sec- 4382 West 130th Street and repeal- al of a C1 and C2 Liquor Permit, tion 4303.271 of the Revised Code of ing Resolution No. 368-17 objecting Permit No. 4969821 owned by Carla Ohio. to said permit. Lagrutta, DBA Quix, 870 East 185th Section 2. That the Clerk of Council Whereas, this Council objected to Street, Cleveland, Ohio 44119 and be and she is hereby directed to a transfer of ownership of a C1 requests the Superintendent of the transmit two certified copies of this Liquor Permit to Brooklyn To Cleve- Division of Liquor Control to set a resolution, together with two copies of land, LLC, 4382 West 130th Street, hearing for said application in a letter of objection and two copies of Cleveland, Ohio 44135, Permit Num- accordance with provisions of Sec- a letter requesting that the hearing be ber 0978522 by Resolution No. 368-17 tion 4303.271 of the Revised Code of held in Cleveland, Cuyahoga County, adopted by the Council on April 3, Ohio. and a statement by the Director of 2017; and Section 2. That the Clerk of Council Law that, in the Director’s opinion, Whereas, this Council wishes to be and she is hereby directed to that the objection is based upon withdraw its objection to the above transmit two certified copies of this substantial legal grounds within the permit and consents to said permit; resolution, together with two copies of meaning and intent of division (A) of and a letter of objection and two copies of Section 4303.292 of the Revised Code to Whereas, this resolution consti- a letter requesting that the hearing be the Superintendent of the Division of tutes an emergency measure provid- held in Cleveland, Cuyahoga County, Liquor Control. ing for the usual daily operation of and a statement by the Director of Section 3. That this resolution is a municipal department; now, there- Law that, in the Director’s opinion, hereby declared to be an emergency fore, that the objection is based upon measure and, provided it receives the Be it resolved by the Council of the substantial legal grounds within the affirmative vote of two-thirds of all City of Cleveland: meaning and intent of division (A) of the members elected to Council, it Section 1. That objection to the Section 4303.292 of the Revised Code to shall take effect and be in force transfer of ownership of a C1 Liquor the Superintendent of the Division of immediately upon its adoption and Permit to Brooklyn To Cleveland, Liquor Control. approval by the Mayor; otherwise, it LLC, 4382 West 130th Street, Cleve- Section 3. That this resolution is shall take effect and be in force from land, Ohio 44135, Permit Number hereby declared to be an emergency and after the earliest period allowed 0978522, be and the same is hereby measure and, provided it receives the by law. withdrawn and Resolution No. 368- affirmative vote of two-thirds of all Adopted August 16, 2017. 17, containing such objection, be and the members elected to Council, it Effective August 21, 2017. the same is hereby repealed and shall take effect and be in force that this Council consents to the immediately upon its adoption and immediate permit thereof. approval by the Mayor; otherwise, it Section 2. That this resolution is shall take effect and be in force from Res. No. 983-17. hereby declared to be an emergency and after the earliest period allowed By Council Member Brancatelli. measure and provided it receives the by law. An emergency resolution object- affirmative vote of two-thirds of all Adopted August 16, 2017. ing to the renewal of a C1 and C2 the members elected to Council, it Effective August 21, 2017. Liquor Permit at 1303 Clark Avenue. shall take effect and be in force Whereas, the uniform date for immediately upon its adoption and renewal of liquor permits in the approval by the Mayor; otherwise, it State of Ohio is October 1st; and shall take effect and be in force from Res. No. 982-17. Whereas, pursuant to Section and after the earliest period allowed By Council Member Polensek. 4303.271 of the Revised Code, the by law. An emergency resolution object- legislative authority of a municipal Adopted August 16, 2017. ing to the renewal of a C1 and C2 corporation may object to the renew- Effective August 21, 2017. Liquor Permit at 910 East 185th al of a permit based upon legal Street. grounds as set forth in division (A) Whereas, the uniform date for of Revised Code Section 4303.292; renewal of liquor permits in the and Res. No. 981-17. State of Ohio is October 1st; and Whereas, the applicant is unfit to By Council Member Polensek. Whereas, pursuant to Section continue to engage in the liquor per- An emergency resolution object- 4303.271 of the Revised Code, the mit business in that he has operat- ing to the renewal of a C1 and C2 legislative authority of a municipal ed his liquor permit business in a Liquor Permit at 870 East 185th corporation may object to the renew- manner that demonstrates a disre- Street. al of a permit based upon legal gard for the laws, regulations or 1486 August 23, 2017 The City Record 57 local ordinances of the state, and 4303.271 of the Ohio Revised Code, Permit No. 7638470 owned by 6506 that this objection is based on other objections to renewal of liquor per- Fleet Avenue, LLC, 6506 Fleet legal grounds as set forth in mits shall be made no later than Avenue, Cleveland, Ohio 44105 and Revised Code Section 4303.292; and thirty days prior to the expiration requests the Superintendent of the Whereas, this resolution consti- date of the permit; now, therefore, Division of Liquor Control to set a tutes an emergency measure provid- Be it resolved by the Council of the hearing for said application in ing for the immediate preservation City of Cleveland: accordance with provisions of Sec- of the public peace, prosperity, safe- Section 1. That Council does here- tion 4303.271 of the Revised Code of ty and welfare pursuant to Section by record its objection to the renew- Ohio. 4303.271 of the Ohio Revised Code, al of a D2, D2X, D3 and D3A Liquor Section 2. That the Clerk of Council objections to renewal of liquor per- Permit, Permit No. 4940713 owned by be and she is hereby directed to mits shall be made no later than Theresa A. Kurtz, 3924 East 71st transmit two certified copies of this thirty days prior to the expiration Street, 1st floor, Cleveland, Ohio resolution, together with two copies of date of the permit; now, therefore, 44105 and requests the Superinten- a letter of objection and two copies of Be it resolved by the Council of the dent of the Division of Liquor Con- a letter requesting that the hearing be City of Cleveland: trol to set a hearing for said appli- held in Cleveland, Cuyahoga County, Section 1. That Council does here- cation in accordance with provisions and a statement by the Director of by record its objection to the renew- of Section 4303.271 of the Revised Law that, in the Director’s opinion, al of a C1 and C2 Liquor Permit, Code of Ohio. that the objection is based upon Permit No. 6548354 owned by 1303 Section 2. That the Clerk of Council substantial legal grounds within the Clark, Inc., 1303 Clark Avenue, be and she is hereby directed to meaning and intent of division (A) of Cleveland, Ohio 44109 and requests transmit two certified copies of this Section 4303.292 of the Revised Code to the Superintendent of the Division resolution, together with two copies of the Superintendent of the Division of of Liquor Control to set a hearing a letter of objection and two copies of Liquor Control. for said application in accordance a letter requesting that the hearing be Section 3. That this resolution is with provisions of Section 4303.271 held in Cleveland, Cuyahoga County, hereby declared to be an emergency of the Revised Code of Ohio. and a statement by the Director of measure and, provided it receives the Section 2. That the Clerk of Council Law that, in the Director’s opinion, affirmative vote of two-thirds of all be and she is hereby directed to that the objection is based upon the members elected to Council, it transmit two certified copies of this substantial legal grounds within the shall take effect and be in force resolution, together with two copies of meaning and intent of division (A) of immediately upon its adoption and Section 4303.292 of the Revised Code to a letter of objection and two copies of approval by the Mayor; otherwise, it the Superintendent of the Division of a letter requesting that the hearing be shall take effect and be in force from Liquor Control. held in Cleveland, Cuyahoga County, and after the earliest period allowed Section 3. That this resolution is and a statement by the Director of by law. hereby declared to be an emergency Law that, in the Director’s opinion, Adopted August 16, 2017. measure and, provided it receives the that the objection is based upon Effective August 21, 2017. affirmative vote of two-thirds of all substantial legal grounds within the the members elected to Council, it meaning and intent of division (A) of shall take effect and be in force Section 4303.292 of the Revised Code to immediately upon its adoption and Res. No. 986-17. the Superintendent of the Division of approval by the Mayor; otherwise, it By Council Member Conwell. Liquor Control. shall take effect and be in force from An emergency resolution with- Section 3. That this resolution is and after the earliest period allowed drawing objection to a New C1 hereby declared to be an emergency by law. Liquor Permit at 7914-16 St. Clair measure and, provided it receives the Adopted August 16, 2017. Avenue and repealing Resolution affirmative vote of two-thirds of all Effective August 21, 2017. the members elected to Council, it No. 373-17, objecting to said permit. shall take effect and be in force Whereas, this Council objected to immediately upon its adoption and a New C1 Liquor Permit at Califor- approval by the Mayor; otherwise, it Res. No. 985-17. nia Market, Inc., DBA California shall take effect and be in force from By Council Member Brancatelli. Market, 7914-16 St. Clair Avenue, and after the earliest period allowed An emergency resolution object- Cleveland, Ohio 44103, Permit Num- by law. ing to the renewal of a C1 and C2 ber 11924530005 by Resolution No. Adopted August 16, 2017. Liquor Permit at 6506 Fleet Avenue. 373-17 adopted by the Council on Effective August 21, 2017. Whereas, the uniform date for April 3, 2017; and renewal of liquor permits in the Whereas, this Council wishes to State of Ohio is October 1st; and withdraw its objection to the above Whereas, pursuant to Section permit and consents to said permit; Res. No. 984-17. 4303.271 of the Revised Code, the and By Council Member Brancatelli. legislative authority of a municipal Whereas, this resolution consti- An emergency resolution object- corporation may object to the renew- tutes an emergency measure provid- ing to the renewal of a D2, D2X, D3 al of a permit based upon legal ing for the usual daily operation of and D3A Liquor Permit at 3924 East grounds as set forth in division (A) a municipal department; now, there- 71st Street, 1st floor. of Revised Code Section 4303.292; fore, Whereas, the uniform date for and Be it resolved by the Council of the renewal of liquor permits in the Whereas, the applicant is unfit to City of Cleveland: State of Ohio is October 1st; and continue to engage in the liquor per- Section 1. That objection to a New Whereas, pursuant to Section mit business in that he has operat- C1 Liquor Permit at California Mar- 4303.271 of the Revised Code, the ed his liquor permit business in a ket, Inc., DBA California Market, legislative authority of a municipal manner that demonstrates a disre- 7914-16 St. Clair Avenue, Cleveland, corporation may object to the renew- gard for the laws, regulations or Ohio 44103, Permit Number al of a permit based upon legal local ordinances of the state, and 11924530005, be and the same is here- grounds as set forth in division (A) that this objection is based on other by withdrawn and Resolution No. of Revised Code Section 4303.292; legal grounds as set forth in 373-17, containing such objection, be and Revised Code Section 4303.292; and and the same is hereby repealed and Whereas, the applicant is unfit to Whereas, this resolution consti- that this Council consents to the continue to engage in the liquor per- tutes an emergency measure provid- immediate permit thereof. mit business in that he has operat- ing for the immediate preservation Section 2. That this resolution is ed his liquor permit business in a of the public peace, prosperity, safe- hereby declared to be an emergency manner that demonstrates a disre- ty and welfare pursuant to Section measure and provided it receives the gard for the laws, regulations or 4303.271 of the Ohio Revised Code, affirmative vote of two-thirds of all local ordinances of the state, and objections to renewal of liquor per- the members elected to Council, it that this objection is based on other mits shall be made no later than shall take effect and be in force legal grounds as set forth in thirty days prior to the expiration immediately upon its adoption and Revised Code Section 4303.292; and date of the permit; now, therefore, approval by the Mayor; otherwise, it Whereas, this resolution consti- Be it resolved by the Council of the shall take effect and be in force from tutes an emergency measure provid- City of Cleveland: and after the earliest period allowed ing for the immediate preservation Section 1. That Council does here- by law. of the public peace, prosperity, safe- by record its objection to the renew- Adopted August 16, 2017. ty and welfare pursuant to Section al of a C1 and C2 Liquor Permit, Effective August 21, 2017. 1487 58 The City Record August 23, 2017

Res. No. 987-17. that this Council consents to the Whereas, the applicant is unfit to By Council Member Conwell. immediate permit thereof. continue to engage in the liquor per- An emergency resolution with- Section 2. That this resolution is mit business in that he has operat- drawing objection to the transfer of hereby declared to be an emergency ed his liquor permit business in a ownership of a C2 and C2X Liquor measure and provided it receives the manner that demonstrates a disre- Permit at 891 Lakeview Road and affirmative vote of two-thirds of all gard for the laws, regulations or repealing Resolution No. 324-17 the members elected to Council, it local ordinances of the state, and objecting to said permit. shall take effect and be in force that this objection is based on other Whereas, this Council objected to immediately upon its adoption and legal grounds as set forth in a transfer of ownership of a C2 and approval by the Mayor; otherwise, it Revised Code Section 4303.292; and C2X Liquor Permit to Leena Foods, shall take effect and be in force from Whereas, this resolution consti- Inc., DBA In & Out Beverage, 891 and after the earliest period allowed tutes an emergency measure provid- Lakeview Road, Cleveland, Ohio by law. ing for the immediate preservation 44108, Permit Number 5084455 by Adopted August 16, 2017. of the public peace, prosperity, safe- Resolution No. 324-17 adopted by the Effective August 21, 2017. ty and welfare pursuant to Section Council on March 27, 2017; and 4303.271 of the Ohio Revised Code, Whereas, this Council wishes to objections to renewal of liquor per- withdraw its objection to the above mits shall be made no later than permit and consents to said permit; Res. No. 989-17. thirty days prior to the expiration and By Council Members Kelley and date of the permit; now, therefore, Whereas, this resolution consti- Zone. Be it resolved by the Council of the tutes an emergency measure provid- An emergency resolution appoint- City of Cleveland: ing for the usual daily operation of ing one member to the Civilian Section 1. That Council does here- a municipal department; now, there- Police Review Board. by record its objection to the renew- fore, Whereas, section 115-2 of the Char- al of a C1 Liquor Permit, Permit No. Be it resolved by the Council of the ter of the City of Cleveland, effec- 9554895 owned by West 65th Street City of Cleveland: tive November 8, 2016, requires that Beverage & Deli, Inc., DBA West Section 1. That objection to the Council appoint four members to the 65th Street Market, 1871-77 West transfer of ownership of a C2 and nine-member Civilian Police Review 65th Street, 1st floor and basement, C2X Liquor Permit to Leena Foods, Board; and Cleveland, Ohio 44102 and requests Inc., DBA In & Out Beverage, 891 Whereas, pursuant to Charter sec- the Superintendent of the Division Lakeview Road, Cleveland, Ohio tion 115-2, and having filled three of Liquor Control to set a hearing 44108, Permit Number 5084455, be seats by Resolution No. 146-17, for said application in accordance with provisions of Section 4303.271 and the same is hereby withdrawn adopted February 6, 2017, Council of the Revised Code of Ohio. and Resolution No. 324-17, contain- requested and has reviewed appli- Section 2. That the Clerk of Council ing such objection, be and the same cations to fill one vacancy on the be and she is hereby directed to is hereby repealed and that this Civilian Police Review Board and transmit two certified copies of this Council consents to the immediate has selected from the applicants a resolution, together with two copies of permit thereof. member to the Board whose term begins August 8, 2017; and a letter of objection and two copies of Section 2. That this resolution is a letter requesting that the hearing be hereby declared to be an emergency Whereas, this resolution consti- tutes an emergency measure for the held in Cleveland, Cuyahoga County, measure and provided it receives the and a statement by the Director of affirmative vote of two-thirds of all immediate preservation of public peace, property, health or safety, in Law that, in the Director’s opinion, the members elected to Council, it that Council must fill one more seat that the objection is based upon shall take effect and be in force on the Civilian Police Review Board substantial legal grounds within the immediately upon its adoption and so that it complies with its obliga- meaning and intent of division (A) of approval by the Mayor; otherwise, it tions under the Charter, now, there- Section 4303.292 of the Revised Code to shall take effect and be in force from fore, the Superintendent of the Division of and after the earliest period allowed Be it resolved by the Council of the Liquor Control. by law. City of Cleveland: Section 3. That this resolution is Adopted August 16, 2017. Section 1. That this Council here- hereby declared to be an emergency Effective August 21, 2017. by appoints the following individual measure and, provided it receives the to the Civilian Police Review Board: affirmative vote of two-thirds of all the members elected to Council, it Appointee Term shall take effect and be in force Res. No. 988-17. Ernest G. Turner August 8, 2017 – immediately upon its adoption and By Council Member Conwell. August 8, 2021 approval by the Mayor; otherwise, it An emergency resolution with- shall take effect and be in force from drawing objection to the transfer of Section 2. That this resolution is and after the earliest period allowed ownership of a C2 and C2X Liquor hereby declared to be an emergency by law. Permit at 10305 St. Clair and repeal- measure and, provided it receives the Adopted August 16, 2017. ing Resolution No. 1210-16 objecting affirmative vote of two-thirds of all Effective August 21, 2017. to said permit. the members elected to Council, it Whereas, this Council objected to shall take effect and be in force a transfer of ownership of a C2 and immediately upon its adoption and C2X Liquor Permit to 10301 St. Clair approval by the Mayor; otherwise it Res. No. 1007-17. Avenue, LLC, 10301 and 10305 St. shall take effect and be in force from By Council Member Zone. Clair Avenue, Cleveland, Ohio 44108, and after the earliest period allowed An emergency resolution object- Permit Number 9115186 by Resolu- by law. ing to the renewal of a D1, D2, D3, tion No. 1210-16-17 adopted by the Adopted August 16, 2017. D3A and D6 Liquor Permit at 7932- Council on October 10, 2016; and Effective August 21, 2017. 36 Lorain Avenue, 1st floor and Whereas, this Council wishes to basement. withdraw its objection to the above Whereas, the uniform date for permit and consents to said permit; renewal of liquor permits in the and Res. No. 1006-17. State of Ohio is October 1st; and Whereas, this resolution consti- By Council Member Zone. Whereas, pursuant to Section tutes an emergency measure provid- An emergency resolution object- 4303.271 of the Revised Code, the ing for the usual daily operation of ing to the renewal of a C1 Liquor legislative authority of a municipal a municipal department; now, there- Permit at 1871-77 West 65th Street, corporation may object to the renew- fore, 1st floor and basement. al of a permit based upon legal Be it resolved by the Council of the Whereas, the uniform date for grounds as set forth in division (A) City of Cleveland: renewal of liquor permits in the of Revised Code Section 4303.292; Section 1. That objection to the State of Ohio is October 1st; and and transfer of ownership of a C2 and C2X Whereas, pursuant to Section Whereas, the applicant is unfit to Liquor Permit to 10301 St. Clair 4303.271 of the Revised Code, the continue to engage in the liquor per- Avenue, LLC, 10301 and 10305 St. Clair legislative authority of a municipal mit business in that he has operat- Avenue, Cleveland, Ohio 44108, Permit corporation may object to the renew- ed his liquor permit business in a Number 9115186, be and the same is al of a permit based upon legal manner that demonstrates a disre- hereby withdrawn and Resolution No. grounds as set forth in division (A) gard for the laws, regulations or 1210-16, containing such objection, be of Revised Code Section 4303.292; local ordinances of the state, and and the same is hereby repealed and and that this objection is based on other 1488 August 23, 2017 The City Record 59 legal grounds as set forth in of Revised Code Section 4303.292; Griffin, J. Johnson, K. Johnson, Kazy, Revised Code Section 4303.292; and and Keane, Polensek, and Pruitt. Whereas, this resolution consti- Whereas, the applicant is unfit to An emergency resolution opposing tutes an emergency measure provid- continue to engage in the liquor per- the proposed ban of transgender ing for the immediate preservation mit business in that he has operat- people in the military. of the public peace, prosperity, safe- ed his liquor permit business in a Whereas, on July 26, 2017, the ty and welfare pursuant to Section manner that demonstrates a disre- President of the United States 4303.271 of the Ohio Revised Code, gard for the laws, regulations or announced, in a series of tweets, his objections to renewal of liquor per- local ordinances of the state, and plans to bar transgender Americans mits shall be made no later than that this objection is based on other from serving in the US military; and thirty days prior to the expiration legal grounds as set forth in Whereas, this proposed ban would date of the permit; now, therefore, Revised Code Section 4303.292; and keep transgender individuals from Be it resolved by the Council of the Whereas, this resolution consti- serving in any branch of the mili- City of Cleveland: tutes an emergency measure provid- tary in any capacity; and Section 1. That Council does here- ing for the immediate preservation Whereas, this proposed ban by record its objection to the renew- of the public peace, prosperity, safe- wrongfully and unreasonably denies al of a D1, D2, D3, D3A and D6 ty and welfare pursuant to Section the rights of patriotic and brave Liquor Permit, Permit No. 7999905 4303.271 of the Ohio Revised Code, transgender men and women to owned by 79L Corp., 7932-36 Lorain objections to renewal of liquor per- serve our country and pursue a Avenue, 1st floor and basement, mits shall be made no later than rewarding public service career Cleveland, Ohio 44102 and requests thirty days prior to the expiration path; and the Superintendent of the Division date of the permit; now, therefore, Whereas, further, the proposed of Liquor Control to set a hearing Be it resolved by the Council of the ban deprives our country of the tal- for said application in accordance City of Cleveland: ent and skills that transgender with provisions of Section 4303.271 Section 1. That Council does here- troops provide and will weaken our of the Revised Code of Ohio. by record its objection to the renew- overall military readiness; and Section 2. That the Clerk of Council al of a D2 and D2X Liquor Permit, Whereas, 56 retired generals and be and she is hereby directed to Permit No. 7646575 owned by S & S admirals from every branch of the transmit two certified copies of this Detroit LLC, DBA American Food military signed a letter opposing the resolution, together with two copies of Market, 8002 Detroit Avenue, Cleve- proposed ban saying: “Patriotic a letter of objection and two copies of land, Ohio 44102 and requests the transgender Americans who are a letter requesting that the hearing be Superintendent of the Division of serving or want to serve must not held in Cleveland, Cuyahoga County, Liquor Control to set a hearing for be dismissed, deprived of medically and a statement by the Director of said application in accordance with necessary health care, forced to com- Law that, in the Director’s opinion, provisions of Section 4303.271 of the promise their integrity or hide their that the objection is based upon Revised Code of Ohio. identity”; and substantial legal grounds within the Section 2. That the Clerk of Council Whereas, we must remain diligent meaning and intent of division (A) of be and she is hereby directed to in the fight against discrimination, Section 4303.292 of the Revised Code to transmit two certified copies of this and support equal rights for all, the Superintendent of the Division of resolution, together with two copies of regardless of race, gender, religion, Liquor Control. a letter of objection and two copies of sexual orientation or gender identi- Section 3. That this resolution is a letter requesting that the hearing be fication; and hereby declared to be an emergency Whereas, this resolution consti- measure and, provided it receives the held in Cleveland, Cuyahoga County, and a statement by the Director of tutes an emergency measure for the affirmative vote of two-thirds of all immediate preservation of public the members elected to Council, it Law that, in the Director’s opinion, that the objection is based upon peace, property, health, or safety, shall take effect and be in force now, therefore, immediately upon its adoption and substantial legal grounds within the meaning and intent of division (A) of Be it resolved by the Council of the approval by the Mayor; otherwise, it City of Cleveland: shall take effect and be in force from Section 4303.292 of the Revised Code to the Superintendent of the Division of Section 1. That this Council oppos- and after the earliest period allowed es the proposed ban of transgender Liquor Control. by law. people in the military. Section 3. That this resolution is Adopted August 16, 2017. Section 2. That the Clerk of Council hereby declared to be an emergency Effective August 21, 2017. is directed to transmit copies of this measure and, provided it receives the resolution to the President of the affirmative vote of two-thirds of all United States, all members of the members elected to Council, it Congress, Governor John Kasich and shall take effect and be in force Res. No. 1008-17. all members of the Ohio House and immediately upon its adoption and By Council Member Zone. Senate. An emergency resolution object- approval by the Mayor; otherwise, it Section 3. That this resolution is ing to the renewal of a D2 and D2X shall take effect and be in force from hereby declared to be an emergency Liquor Permit at 8002 Detroit and after the earliest period allowed measure and, provided it receives the Avenue. by law. affirmative vote of two-thirds of all Whereas, tthe uniform date for Adopted August 16, 2017. the members elected to Council, it renewal of liquor permits in the Effective August 21, 2017. shall take effect and be in force State of Ohio is October 1st; and immediately upon its adoption and Whereas, pursuant to Section approval by the Mayor; otherwise, it 4303.271 of the Revised Code, the shall take effect and be in force from legislative authority of a municipal Res. No. 1010-17. and after the earliest period allowed corporation may object to the renew- By Council Members Cleveland, by law. al of a permit based upon legal McCormack, Kelley, Zone, Brady, Adopted August 16, 2017. grounds as set forth in division (A) Brancatelli, Conwell, Cummins, Dow, Effective August 21, 2017.

Ord. No. 439-17. By Council Member McCormack. An ordinance changing the Use, Area and Height Districts of lands in the Walworth Run area, along the Cuya- hoga River south of Carter Road and along West 14th Street (Map Change No. 2560). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands bounded and described as follows: Beginning at the intersection of the centerline of Carter Road and Scranton Road; Thence easterly along the prolongation of Carter Road to its intersection with the centerline of the Cuyahoga River; Thence southerly along the centerline of the Cuyahoga River to its intersection with the northerly prolonga- tion of the westerly line of a parcel of land conveyed to Emerald Dock, LLC by deed dated September 2, 2005 and recorded in AFN 200509020965 and also known Cuyahoga County permanent parcel number 004-27-001; Thence southerly along said westerly line to its intersection with the centerline of University Road; Thence westerly along said centerline to its intersection with the centerline of West 13th Street; Thence southerly along said centerline to its intersection with the centerline of Abbey Avenue; 1489 60 The City Record August 23, 2017

Thence westerly along said centerline to its intersection with the centerline of the New York, Chicago & St. Louis Railroad ROW; Thence northerly along said Railroad ROW to its intersection with the centerline of University Road; Thence westerly along said centerline to its intersection with the easterly line of a parcel of land conveyed to the City of Cleveland and known as known Cuyahoga County permanent parcel number 004-27-012; Thence northerly along said easterly line to its intersection with the northerly line thereof; Thence westerly along said northerly line and its prolongation to its intersection with the centerline of Scran- ton Road; Thence northerly along said centerline to the place of origin; And as identified on the attached map shall be changed to an ‘Open Space Recreation’ District, a ‘B’ Area Dis- trict and a ‘2’ Height District; Section 2. That the Use District of lands bounded and described as follows: Beginning at the intersection of West 17th Street and Lorain Avenue; Thence easterly along the centerline of Lorain Ave to its intersection with the centerline of Scranton Road; Thence southerly along the centerline of Scranton Road to its intersection with the westerly prolongation of the northerly line of a parcel of land conveyed to Scranton-Averell INC by deed dated January 1, 1975 and also known Cuyahoga County permanent parcel number 004-27-010; Thence easterly along said northerly line and its prolongation to its intersection with the easterly line of a parcel of land conveyed to the City of Cleveland and known as known Cuyahoga County permanent parcel num- ber 004-27-012; Thence southerly along said easterly line and its prolongation to its intersection with the centerline of Uni- versity Road; Thence easterly along said centerline to its intersection with the centerline of the New York, Chicago & St. Louis Railroad ROW; Thence southerly along said Railroad ROW to its intersection with the centerline of West 25th Street; Thence northerly along said centerline to its intersection with the centerline of Brevier Avenue; Thence easterly along said centerline to its intersection with the historic centerline alignment of West 20th Street (vacated); Thence northerly along said vacated centerline to its intersection with northerly line of parcel of land conveyed to Donald P. Schneider by deed dated July 31, 2012 and also known as Cuyahoga County permanent parcel num- ber 004-03-064; Thence easterly along said northerly line and its prolongation to its intersection with the centerline of West 19th Street; Thence southerly along said centerline to its intersection with the Cleveland, Cincinnati, Chicago & St. Louis Railroad ROW; Thence northerly along said Railroad ROW to its intersection with the centerline of Abbey Ave; Thence westerly along said centerline to its intersection with the westerly line of a parcel of land conveyed to 2041 West LLC by deed dated February 24, 2003 and recorded in AFN 200302241484 and also known as Cuya- hoga County permanent parcel number 004-26-012; Thence northerly along said westerly line to its intersection with the northerly line thereof; Thence westerly along said northerly line and its prolongation to its intersection with the westerly line of a parcel of land conveyed to 2041 West LLC by deed dated February 24, 2003 and recorded in AFN 200302241485 and also known as Cuyahoga County permanent parcel number 004-26-001; Thence easterly and northerly along said westerly line to its intersection with a northerly line thereof; Thence westerly along said northerly line to its intersection with the centerline of West 17th Street; Thence northerly along said centerline to the place of origin; And as identified on the attached map shall be changed to a ‘Semi-Industry’ District, a ‘K’ Area District and a ‘4’ Height District. Section 3. That the Use District of lands bounded and described as follows: Beginning at the intersection of Abbey Avenue and West 13th Street; Thence southerly along the centerline of West 13th Street to its intersection with the northerly line of sublot 67 in the University Heights subdivision recorded Volume 1, Page 15 of the Cuyahoga County Map Records; Thence westerly along said northerly line to its intersection with the westerly line thereof; Thence southerly along said westerly line and its prolongation to its intersection with the centerline of Fair- field Avenue; Thence westerly along said centerline to its intersection with the centerline of West 14th Street; Thence southerly along said centerline to its intersection with the easterly prolongation of the southerly line of 47 in the University Heights subdivision recorded Volume 1, Page 15 of the Cuyahoga County Map Records; Thence westerly along said southerly line to its intersection with the westerly line thereof; Thence northerly along said westerly line and its prolongation to its intersection with the centerline of Kenil- worth Avenue; Thence westerly along said centerline to its intersection with the centerline of Interstate 71/90; Thence northerly along said centerline to its intersection with the centerline of Fairfield Avenue; Thence westerly along said centerline to its intersection with the New York, Chicago & St. Louis Railroad ROW; Thence northerly along said ROW to its intersection with the centerline of Abbey Avenue; Thence easterly along said centerline to the place of origin; And; Beginning at the intersection of West 16th Place and Willey Avenue; Thence westerly along the centerline of Willey Avenue to its intersection with the centerline of West 17th Street; Thence northerly along the centerline of West 17th Street to its intersection with the centerline of Parafine Avenue; Thence easterly along said centerline to its intersection with the centerline of Scranton Avenue; Thence southerly along said centerline to its intersection with the westerly prolongation of the northerly line of sublot 1 in the Ziemer subdivision recorded Volume 4, Page 37 of the Cuyahoga County Map Records; Thence easterly along said northerly line and its prolongation to its intersection with the centerline of West 16th Place; 1490 August 23, 2017 The City Record 61

Thence southerly along said centerline to the place of origin; And as identified on the attached map shall be changed to an ‘Local Retail’ District, a ‘G’ Area District and a ‘2’ Height District; Section 4. That the Use District of lands bounded and described as follows: Beginning at the intersection of Scranton Avenue and Parafine Avenue; Thence westerly along the centerline of Parafine Avenue and its prolongation to its intersection with the cen- terline of the New York, Chicago & St. Louis Railroad ROW; Thence northerly along said ROW to its intersection with the centerline of Fairfield Avenue; Thence easterly along said centerline to its intersection with the centerline of Interstate 71/90; Thence southerly along said centerline to its intersection with the easterly prolongation of the northerly line of sublot 1 in the Ziemer subdivision recorded Volume 4, Page 37 of the Cuyahoga County Map Records; Thence westerly along said northerly line to its intersection with Scranton Avenue; Thence northerly along said centerline to the place of origin; And as identified on the attached map shall be changed to an ‘Limited Retail’ District, a ‘G’ Area District and a ‘2’ Height District; Section 5. That the Use District of lands bounded and described as follows: Beginning at the intersection of West 16th Place and Willey Avenue; Thence northerly along the centerline of West 16th Place to its intersection with the northerly line of sublot 20 in the Ziemer subdivision recorded Volume 4, Page 37 of the Cuyahoga County Map Records; Thence easterly along said northerly line to its intersection with the centerline of Interstate 71/90; Thence southerly along said centerline to its intersection with the centerline of Willey Avenue; Thence westerly along said centerline to the place of origin; And as identified on the attached map shall be changed to an ‘Multi-Family’ District, a ‘D’ Area District and a ‘1’ Height District; Section 6. That the Use District of lands bounded and described as follows: Beginning at the intersection of Monroe Avenue and West 25th Street; Thence southerly along the centerline of West 25th Street to its intersection with the centerline of the New York, Chicago & St. Louis Railroad ROW; Thence westerly and along said ROW to its intersection with the northerly prolongation of the centerline of West 30th Street; Thence northerly along said centerline to its intersection with the northerly line of the Cleveland, Cincinnati, Chicago & St. Louis ROW; Thence easterly along said northerly ROW line to its intersection with the centerline of Monroe Avenue; Thence easterly along said centerline to the place of origin; And as identified on the attached map shall be changed to an ‘Limited Retail’ District, a ‘K’ Area District and a ‘3’ Height District; Section 7. That the Use District of lands bounded and described as follows: Beginning at the intersection of Scranton Road and the Lorain Carnegie Bridge; Thence southerly along Scranton Road on the west side to its intersection with Willey Avenue; And; Beginning at the intersection of University Road and Scranton Road; Thence northerly along the east side of Scranton Road for a distance of 150'; And; Beginning at the intersection of University Road and Scranton Road; Thence southerly along the east side of Scranton Road for a distance of 2,110'; And; Beginning at the intersection of Fairfield Avenue and Scranton Road; Thence easterly along the south side of Fairfield Avenue to its intersection with West 14th Street; And; Beginning at the intersection of Train Avenue and Scranton Road; Thence southwesterly along the north and south side of Train Avenue to its intersection with the prolongation of the centerline of West 30th Street; And; Beginning at the intersection of Columbus Road and Brevier Avenue; Thence southerly along the east side of Columbus Road for a distance of 265'; And; Beginning at the intersection of Willey Avenue and the New York, Chicago & St. Louis Railroad ROW; Thence northerly along the east and west sides of Willey Avenue to its intersection with the southerly pro- longation of the centerline of West 20th Street; And; Beginning at the intersection of Scranton Road and Kenilworth Avenue; Thence westerly along the north side of Kenilworth Avenue to its intersection with West 17th Street and between; And; Beginning at the intersection of Kenilworth Avenue and West 14th Street; Thence westerly along the north side of Kenilworth Avenue to its intersection with the centerline of Interstate 71/90 and on the south side for a distance of 145'; And; Beginning at the intersection of Kenilworth Avenue and West 14th Street; Thence northerly along the west side of West 14th Street to its intersection with Fairfield Avenue and souther- ly along the west side of West 14th Street for a distance of 130'; Section 8. That the change of zoning of lands described in Section 1 through 7 shall be identified as Map Change No. 2560, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designat- ed for this purpose by the City Planning Commission. Section 9. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 1491 62 The City Record August 23, 2017

Passed August 16, 2017. Effective September 15, 2017.

Ord. No. 557-17. non-profit) to acquire certain prop- and after the earliest period allowed By Mayor Jackson, Council erty located near East 105th Street by law. Members Conwell, Brancatelli and and Ashbury Avenue for fair mar- Passed August 16, 2017. Kelley. ket value, but not to exceed $550,000. Effective August 21, 2017. An emergency ordinance authoriz- Section 2. That the agreement shall ing an agreement with Famicos provide that the Director of Economic Foundation to acquire certain prop- Development will fund the purchase of erty located near East 105th Street the property and that the property can Ord. No. 559-17. and Ashbury Avenue for future be assigned to a developer chosen By Mayor Jackson, Council development. through an RFP process for an Members Brancatelli and Kelley. Whereas, the East 105th Street eligible construction project funded An emergency ordinance authoriz- and Ashbury Avenue area has seen through the Cleveland Neighborhood ing the Directors of Economic Devel- disinvestment but is located in prox- Fund to construct a mixed-use opment and/or Community Develop- development, which project shall be imity to significant investment; and ment to enter into one or more Whereas, development in this area approved by the Cleveland Citywide agreements with the Greater Cleve- will allow us to move the market Development Corporation. land Habitat for Humanity, Inc. for further into the Glenville neighbor- Section 3. That the use of the funds the purposes of constructing or reha- hood; and shall comply with the terms of bilitating housing in targeted areas. Whereas, site control will make Chapter 165 of the Ohio Revised Code. the site attractive for pilot develop- Section 4. That the costs of the Whereas, the availability of low- ment; and agreement shall not exceed $550,000 income, low cost housing is a chal- Whereas, this ordinance consti- and shall be paid from Fund No. 17 SF lenge; and tutes an emergency measure provid- 075. (RQS 9501, RLA 2017-15). Whereas, the Greater Cleveland ing for the usual daily operation of Section 5. That this ordinance is Habitat for Humanity, Inc. (OH non- a municipal department; now, there- declared to be an emergency measure profit) (“Habitat for Humanity”) fore, and, provided it receives the develops and rehabilitates housing Be it ordained by the Council of affirmative vote of two-thirds of all in low-income neighborhoods; and the City of Cleveland: the members elected to Council, it Whereas, the City can leverage Section 1. That the Director of shall take effect and be in force bond funding with HOME funding; Economic Development is autho- immediately upon its passage and and rized to enter into an agreement approval by the Mayor; otherwise it Whereas, this program expects to with Famicos Foundation (an Ohio shall take effect and be in force from assist with up to twenty-five (25) 1492 August 23, 2017 The City Record 63 new homes in targeted development Whereas, the Cleveland Citywide Whereas, vacant retail storefronts areas; and Development Corp’s. (Ohio non-prof- in commercial corridors send a Whereas, this ordinance constitutes it), or its designee’s (“CCDC”) par- reinforcing message of disinvestment; an emergency measure providing for ticipation allows for greater flexi- and the usual daily operation of a bility in negotiation with developers Whereas, retail store fronts can municipal department; now, therefore, and prospective tenants; and provide opportunities for Be it ordained by the Council of Whereas, this ordinance constitutes neighborhood entrepreneurs, as well the City of Cleveland: an emergency measure providing for as attract investment by traditional Section 1. That the Directors of the usual daily operation of a retain development; and Economic Development and/or Com- municipal department; now, therefore, Whereas, existing City programs munity Development are authorized Be it ordained by the Council of have helped write down costs in some to enter into one or more agree- the City of Cleveland: areas of the City, but additional ments with Habitat for Humanity Section 1. That the Director of subsidy is required in areas of for the purposes of constructing or Economic Development is autho- disinvestment; and rehabilitating housing in targeted rized to enter into an agreement Whereas, the Department of areas. with CCDC to provide a program of Economic Development has operated Section 2. That the use of the funds forgivable loans for improvements a Neighborhood Retail Assistance shall comply with the terms of to retail facilities called the “Retail Program for ten years with Chapter 176 of the Revised Code and Incubator Program”. significant success; and shall be subject to the approval of the Section 2. That the agreement will Whereas, this ordinance constitutes Housing Advisory Board. provide that the Director of Economic an emergency measure providing for Section 3. That the Director of Development or CCDC shall work with the usual daily operation of a Economic Development is authorized community organizations and other municipal department; now, therefore, to accept such collateral as the entities to identify entrepreneurs to Be it ordained by the Council of director determines is sufficient in place in mixed-use developments. the City of Cleveland: Also, that CCDC will provide funding order to secure repayment of the loan. Section 1. That the Director of for improvements to the project, in Section 4. That the costs of the Economic Development is autho- accordance with Chapter 165 of the rized to enter into one or more agreement or agreements shall not Ohio Revised Code, and that, in agreements with eligible small busi- exceed $350,000 and shall be paid from exchange for this funding, will nesses or merchants to benefit for- Fund No. 20 SF 567. (RQS 9501, RLA require that the developer offer a rent profit retail businesses under the 2017-15) structure for retail entrepreneurs. Neighborhood Retail Infill Program, Section 5. That this ordinance is Provided that, to the extent that to provide forgivable loans, based declared to be an emergency measure capital projects have been funded on job creation, to those entities for and, provided it receives the with Chapter 165-bond proceeds, then, costs associated with improvement affirmative vote of two-thirds of all and only then, may additional Chapter to retail spaces, including acquisi- the members elected to Council, it 165-bond proceeds be used for the tion, construction, and purchase of shall take effect and be in force programs described in this ordinance. furniture, fixtures, and equipment. immediately upon its passage and Any loans entered into under this Section 2. That the Director of approval by the Mayor; otherwise it ordinance shall require additional Economic Development is authorized shall take effect and be in force from legislative authority. to enter into one or more agreements and after the earliest period allowed Section 3. That the use of the funds with eligible small business or by law. shall comply with the terms of merchants, or owners of retail Passed August 16, 2017. Chapter 165 of the Ohio Revised Code. structures under the Neighborhood Effective August 21, 2017. Section 4. That the Director of Retail Improvement Program, to Economic Development is authorized provide loans or forgivable loans to to accept such collateral as the these entities for costs associated with director determines is sufficient in improvement to retail spaces, Ord. No. 560-17. order to secure repayment of the loan. including acquisition, construction, By Mayor Jackson, Council Section 5. That the costs of the and purchase of furniture, fixtures, agreement shall not exceed $1,300,000 Members Brancatelli and Kelley. and equipment. and shall be paid from Fund No. 17 SF An emergency ordinance authoriz- Section 3. That the Director of 076, and any eligible CORE City funds Economic Development is authorized ing the Director of Economic Devel- as described in Section 2. The to create “The Neighborhood Retail opment to enter into an agreement repayments shall be deposited to and Infill Program” to provide financial with the Cleveland Citywide Devel- expended from Fund No. 17 SF 077. assistance in the form of forgivable opment Corp., or its designee, to pro- (RQS 9501, RLA 2017-15) loans to landlord and retail tenants to vide forgivable loans for improve- Section 6. That this ordinance is make improvements to retail ments to retail facilities in one or declared to be an emergency measure storefronts, build-out facilities, and to more mixed-use developments. and, provided it receives the acquire equipment to attract new Whereas, a first floor retail pro- affirmative vote of two-thirds of all retail operations. gram adds vibrancy and walkabili- the members elected to Council, it Section 4. That the Director of ty to neighborhoods; and shall take effect and be in force Economic Development is authorized Whereas, provision of construction immediately upon its passage and to create the “The Neighborhood subsidy will reduce costs of physi- approval by the Mayor; otherwise it Retail Improvement Program” to cal construction and allow for retail shall take effect and be in force from provide financial assistance in the incubator program; and and after the earliest period allowed form of forgivable loans to make Whereas, lack of access to capital by law. improvements to first floor retail discourages entrepreneurship for Passed August 16, 2017. spaces. neighborhood residents; and Effective August 21, 2017. Section 5. That the Director of Whereas, opportunities are needed Economic Development is authorized to help entrepreneurs develop skills to charge and accept fees in an at operating a business; and amount not to exceed the maximum Whereas, an incubator program Ord. No. 561-17. allowable fees under federal will serve as pilot tenants for pilot By Mayor Jackson, Council regulations and the fees are development; and Members Brancatelli and Kelley. appropriated to cover costs incurred in Whereas, the program will allow An emergency ordinance authoriz- the preparation of the loan entrepreneurs to start a new retail ing the Director of Economic Devel- applications, closing, and servicing of business at a low cost through the opment to enter into one or more the loans. The fees shall be deposited early stages and costs will increase agreements with eligible small busi- to and expended from Fund No. 17 SF over time as business strengthens; nesses or merchants, under the 305, Loan Fees Fund. and Neighborhood Retail Improvement Section 6. That each project funded Whereas, at the end of the pro- Program and Neighborhood Retail under the aforementioned programs gram, entrepreneurs will have a Infill Program, to provide loans or shall be approved by the Cleveland business with a track record and forgivable loans for costs associated Citywide Development Corporation ability to seek more traditional with improvements to retail spaces, and shall comply with Chapter 165 of financing; and including acquisition, construction, the Ohio Revised Code. Whereas, the program is renew- and purchase of furniture, fixtures, Section 7. That the Director of able; and and equipment. Economic Development is authorized 1493 64 The City Record August 23, 2017 to accept such collateral as the oversight of the funds and the Whereas, challenge to secure director determines is sufficient in selection of projects funded by the traditional bank financing in many order to secure repayment of the loans. fund. Said agreement would contain neighborhoods because the cost of Section 8. That the costs of financial underwriting criteria, parameters for construction far exceeds the appraised assistance under these programs shall collateral, and disbursement value of properties; and not exceed $1,600,000 and shall be paid requirements. The fund would provide Whereas, in order to develop infill from Fund No. 17 SF 078. The loans to developers of mixed-use housing in neighborhoods, programs repayments shall be deposited to and projects in targeted areas of the City. are required to write down costs of expended from Fund No. 17 SF 079. City-funded costs would be limited to construction towards appraised value (RQS 9501, RLA 2017-15) those authorized by Chapter 165 of the and a mix of construction subsidies Section 9. That this ordinance is Revised Code. All projects require and homeowner subsidies are declared to be an emergency measure prior approval by an oversight board, required; and and, provided it receives the consisting of City and participating Whereas, Detroit has had some affirmative vote of two-thirds of all banks, as well as by CCDC pursuant to success with a Home Mortgage the members elected to Council, it Chapter 165 of the Revised Code. The Program, which provides guaranteed shall take effect and be in force Director of Economic Development second mortgages to help write down immediately upon its passage and shall obtain approval by the Council these costs and banks have indicated approval by the Mayor; otherwise it President and the Council Member in a willingness to replicate this model in shall take effect and be in force from whose ward the project will be located Cleveland; and and after the earliest period allowed prior to entering into a loan Whereas, banks will participate on by law. agreement with a developer under this construction loans for strong Passed August 16, 2017. ordinance. developers with sufficient subsidy; Effective August 21, 2017. Section 4. That the City’s funds shall and be used for eligible expenses for Whereas, down payment assistance mixed-use projects selected in will help homeowners meet equity accordance with the terms of the requirements; and agreement and approved by Cleveland Ord. No. 562-17. Whereas, it is the goal to fund up to Citywide Development Corporation, By Mayor Jackson, Council 75 new houses in targeted areas, with Inc. as the designated agency of the Members Brancatelli and Kelley. a mix of new construction, City under Chapter 165 of the Revised An emergency ordinance authoriz- rehabilitation for new occupancy and Code. ing the Director of Economic Devel- homeowner rehabilitation; Section 5. That repayments to the Whereas, this ordinance constitutes opment to enter into an agreement fund may be loaned out to additional an emergency measure providing for with Capital Impact Partners, or its borrowers for eligible projects under designee, to make loans for mixed- the terms of this ordinance. the usual daily operation of a use projects in the City of Cleve- Section 6. That Capital Impact municipal department; now, therefore, land. Partners shall provide regular Be it ordained by the Council of Whereas, the City wants to spur reporting to the City on the use of the City of Cleveland: investment in areas that have not seen funds provided by the City, Section 1. That the Directors of private investment; and compliance with applicable City laws Community Development and/or Whereas, mixed–use projects on and regulations, and performance of Economic Development are autho- commercial corridors can play a key the project. rized to enter into an agreement role in activating markets and muster Section 7. That the Director of with Cleveland Citywide Develop- diversity, density, and walkability to Economic Development is authorized ment Corporation (CCDC), or its revitalize neighborhoods,; and to accept such collateral as the designees, to implement several pro- Whereas, in order to reduce risk to director determines is sufficient in grams in order to improve housing banks in order to spur investment, a order to secure repayment of the loan. opportunities in the neighborhoods collaborative fund between multiple Section 8. That the costs of the of the City of Cleveland in areas banks, subsidized by public funding, agreement shall not exceed $8,500,000 identified through the Housing is required; and and shall be paid from Fund No. 17 SF Advisory Board. Whereas, Capital Impact Partners 073. The repayments shall be Section 2. That for new construction, has worked with banks in other deposited to and expended from Fund the City will identify target areas and markets, such as Detroit and Oakland, No. 17 SF 074. (RQS 9501, RLA 2017-15) work with CCDC on the selection of to oversee funds that invest money in Section 9. That this ordinance is developers by RFP and funding will these projects and neighborhoods; and declared to be an emergency measure be provided on a project-by-project Whereas, this ordinance constitutes and, provided it receives the basis; for homeowner mortgage an emergency measure providing for affirmative vote of two-thirds of all guaranties and down payment the usual daily operation of a the members elected to Council, it assistance, funds will be limited to municipal department; now, therefore, shall take effect and be in force houses constructed or rehabilitated Be it ordained by the Council of immediately upon its passage and through Chapter 176 bonds and banks the City of Cleveland: approval by the Mayor; otherwise it will provide underwriting for first Section 1. That the Director of shall take effect and be in force from mortgages and second mortgages, and Economic Development is autho- and after the earliest period allowed CCDC will review bank underwriting rized to enter into an agreement by law. for guaranties and down payment with Capital Impact Partners, a non- Passed August 16, 2017. assistance; for homeowner profit corp. (DC), or its designee Effective August 21, 2017. rehabilitation, CCDC will underwrite, (“Capital Impact Partners”) to pro- subject to City approved guidelines as vide $8,500,000 towards the Cleve- further defined in Section 7; and land Neighborhood Fund to make Section 3. That the agreement shall loans for mixed-use projects in the Ord. No. 563-17. provide for the administration of a City of Cleveland. By Mayor Jackson, Council Housing Development Fund, which Section 2. That the Agreement shall Members Brancatelli and Kelley. will make loans and forgivable loans provide that the Capital Impact An emergency ordinance authoriz- for the construction of new housing Partners shall manage the fund, ing the Directors of Community and rehabilitation of existing housing. which shall consist of the funds Development and/or Economic Any loans entered into under this provided by the City and other Development to enter into an agree- section shall require additional investors and shall contain ment with Cleveland Citywide legislative authority. underwriting criteria, parameters for Development Corporation, or its Section 4. That the Agreement shall collateral, and disbursement designees, to implement several pro- provide for the administration of a requirements determined by the grams in order to improve housing Homeowner Mortgage Guaranty Director necessary to protect the opportunities in the neighborhoods Program, which will provide interests of the City. The City’s funds of the City of Cleveland. guaranties for mortgages to be shall be segregated and accounted for Whereas, the City wants to spur provided to purchases of housing separately from other investors’ funds. investment in areas that have not seen constructed or rehabilitated under the Section 3. That the Director is private investment; and Agreement. authorized to enter into related Whereas, in many neighborhoods, it Section 5. That the Agreement shall Agreements with Capital Impact is market and cost forces, rather than provide for the administration of a Partners and investors in the fund, to lack of interest that impedes Homeowner Rehabilitation Fund, provide for the governance and development; and which will provide forgivable loan 1494 August 23, 2017 The City Record 65 products to owners-occupants to access in Cleveland neighborhoods; University, 10900 Euclid Avenue, improve their homes. and Cleveland, Ohio 44106-7228 (“Permit- Section 6. That the Agreement shall Whereas, this ordinance constitutes tee”), to encroach into the public provide for administration of a Down an emergency measure providing for right-of-way of East 101st Street and Payment Assistance Fund for the the usual daily operation of a East 105th Street by installing, purpose of assisting prospective municipal department; now, therefore, using, and maintaining utility cross- homeowners with down payments. Be it ordained by the Council of ings at the following locations: Section 7. That the Agreement shall the City of Cleveland: include underwriting criteria for the Section 1. That the Director of 20' WIDE WATER LINE selection of developers and Economic Development is autho- ENCROACHMENT homeowners participating in the rized to enter into one or more THROUGH EAST 105TH STREET program, parameters for collateral, agreements with JumpStart, Inc. to Situated in the City of Cleveland, and disbursement requirements fund the JumpStartCore City Pro- County of Cuyahoga and State of Ohio, necessary to protect the interests of gram, which provides assistance to and known as being part of Original the City of Cleveland. entrepreneurs starting new busi- One Hundred Acre Lot No. 402, and Section 8. That the use of funds shall nesses, to focus efforts on develop- further bounded and described as be limited to those activities and ing entrepreneurship by identifying follows: projects eligible and approved in organizations and opportunities for Beginning at a stone monument accordance with the provisions of continued engagement. marking the centerline of East 105th Chapter 176 of the Revised Code and Section 2. That the Director of Street (60 feet wide) with the westerly shall be subject to the approval of the Economic Development is authorized prolongation of the northerly line of Housing Advisory Board. to enter into one or more agreements Park Lane N.E. Perpetual 30 foot Section 9. That the Director of with ECDI to establish and conduct a Right of Way; Economic Development is authorized micro-lending program and to assist Thence N 01°06'01" W, along said to accept such collateral as the with retail training program. centerline of East 105th Street, a director determines is sufficient in Section 3. That the Director of distance of 275.81 feet to the principal order to secure repayment of the loan. Economic Development is authorized point of beginning of the Section 10. That the costs of the to enter into one or more agreements encroachment herein intended to be agreement shall not exceed $5,650,000 with the Urban League of Greater described; and shall be paid from Fund No. 20 SF Cleveland, Inc. to fund the Urban 567. (Request No. RQS 9501, RLA 2017- League Credit Repair Program to Course No. 1: 15) assist in achieving and maintaining Section 11. That this ordinance is Thence S 82°39'11" W, a distance of bankability through credit-building 21.41 feet to a point; declared to be an emergency measure and credit-repair strategies and and, provided it receives the introduction to business operations. affirmative vote of two-thirds of all Course No. 2: Section 4. That the Director of Thence N 07°20'49" W, a distance of the members elected to Council, it Economic Development is authorized shall take effect and be in force 20.00 feet to a point; to accept such collateral as the immediately upon its passage and director determines is sufficient in approval by the Mayor; otherwise it Course No. 3: order to secure repayment of the loan. shall take effect and be in force from Thence N 82°39'11" E, a distance of Section 5. That the cost of the and after the earliest period allowed 53.78 feet to a point on the easterly line agreements shall not exceed $1,805,000 by law. of said East 105th Street; and shall be paid from Fund No 17 SF Passed August 16, 2017. Course No.4: 080, and the repayments shall be Effective August 21, 2017. Thence S 01°06'01" E, along said deposited to and expended from Fund easterly line of East 105th Street, a No. 17 SF 081, and such other funds as distance of 20.12 feet to a point; identified by the Director of Finance. (RQS 9501, RLA 2017-15). Ord. No. 564-17. Course No. 5: Section 6. That this ordinance is By Mayor Jackson, Council Thence S 82°39'11" W, a distance of declared to be an emergency measure Members Brancatelli and Kelley. 30.18 feet to the principal point of and, provided it receives the An emergency ordinance authoriz- beginning and containing 0.0242 acres affirmative vote of two-thirds of all ing the Director of Economic Devel- of land (1054 sq. ft.) as calculated and the members elected to Council, it opment to enter into one or more described by John E. Jansky, shall take effect and be in force agreements with JumpStart, Inc., Registered Surveyor No. 6440 of immediately upon its passage and Economic and Community Develop- Garrett and Associates in November approval by the Mayor; otherwise it ment Institute, Inc., and Urban 2016. shall take effect and be in force from League of Greater Cleveland, Inc., Bearings are of an assumed or their designees, to assist with and after the earliest period allowed by law. meridian and are to indicate angles neighborhood entrepreneurship and only. workforce development. Passed August 16, 2017. Effective August 21, 2017. Whereas, entrepreneurship helps 20' WIDE STORM SEWER build wealth in our communities; and ENCROACHMENT Whereas, many neighborhoods lack THROUGH EAST 101ST STREET access or awareness of Situated in the City of Cleveland, entrepreneurship opportunities; and Ord. No. 642-17. County of Cuyahoga and State of Ohio, Whereas, organizations with By Council Members Dow, Conwell, and known as being part of Original successful track records need K. Johnson and Brancatelli (by additional support to expand their departmental request). One Hundred Acre Lot No. 402, and programs: JumpStart’s Core City An emergency ordinance authoriz- further bounded and described as Program has touched over 200 ing the Director of Capital Projects follows: businesses in just over one year in to issue a permit to Case Western Beginning at centerline intersection operations; the Economic and Reserve University to encroach into of East 101st Street (72 feet wide) and Community Development Institute, the public right-of-way of East 101st Woodward Avenue (40 feet wide); Inc. (“ECDI”) is a nationally Street and East 105th Street by Thence S 0°34'36" W, along said recognized micro-lending program installing, using, and maintaining centerline of East 101st Street, a and operates a retail training facility; utility crossings. distance of 225.43 feet to the principal and the Urban League of Greater Whereas, this ordinance consti- point of beginning of the Cleveland’s Entrepreneurship center tutes an emergency measure provid- encroachment herein intended to be has an expertise in helping ing for the usual daily operation of described; entrepreneurs develop how to a municipal department; now, there- successfully operate a business; and fore, Course No. 1: Whereas, funding these Be it ordained by the Council of Thence S 79°34'45" E, parallel to organizations will help to further the City of Cleveland: and 10 feet by rectangular entrepreneurial opportunities in the Section 1. That the Director of measurement from the proposed 8" City; and Capital Projects is authorized to storm sewer, a distance of 36.54 feet to Whereas, organizations will partner issue a permit, revocable at the will a point on the easterly line of said with the City to drive awareness and of Council, to Case Western Reserve East 101st Street; 1495 66 The City Record August 23, 2017

Course No. 2: Director of Law, the prospective Ord. No. 763-17. Thence S 0°34'36" W, along said Permittee has properly indemnified By Council Member Griffin. easterly line of East 101st Street, a the City against any loss that may An emergency ordinance to add the distance of 20.30 feet to a point; result from the encroachment(s) name Alma Cooper Way as a Course No. 3: permitted. secondary and honorary name to Thence N 79°34'45" W, a distance of Section 3. That Permittee may Hulda Avenue from Woodhill Road to 49.45 feet to a point; assign the permit only with the prior East 110th Street. written consent of the Director of Whereas, this ordinance consti- Course No. 4: Capital Projects. That the tutes an emergency measure provid- Thence N 10°25'15" E, a distance of encroaching structure(s) permitted by ing for the usual daily operation of 20.00 feet to a point; this ordinance shall conform to plans a municipal department; now, there- and specifications first approved by fore, Course No. 5: the Manager of the City’s Division of Be it ordained by the Council of Thence S 79°34'45" E, a distance of Engineering and Construction. That the City of Cleveland: Section 1. That, notwithstanding 9.45 feet to the principal point of Permittee shall obtain all other and as an exception to the Codified beginning and containing 0.0219 acres required permits, including but not Ordinances of the City of Cleveland, of land (954 sq. ft.) as calculated and limited to Building Permits, before 1976, the name Alma Cooper Way described by John E. Jansky, installing the encroachment(s). shall be added as a secondary and Registered Surveyor No. 6440 of Section 4. That the permit shall honorary name to Hulda Avenue Garrett and Associates in November reserve to the City reasonable right of from Woodhill Road to East 110th 2016. Bearings are of an assumed entry to the encroachment location(s). Street. meridian and are to indicate angles Section 5. That this ordinance is Section 2. That this ordinance is only. declared to be an emergency measure hereby declared to be an emergency Legal Description approved by Greg and, provided it receives the measure and, provided it receives the Esber, Section Chief, Plats, Surveys affirmative vote of two-thirds of all affirmative vote of two-thirds of all and House Numbering Section. the members elected to Council, it the members elected to Council, it Section 2. That the Director of Law shall take effect and be in force shall take effect and be in force shall prepare the permit authorized by immediately upon its passage and immediately upon its passage and this ordinance and shall incorporate approval by the Mayor; otherwise it approval by the Mayor; otherwise it such additional provisions as the shall take effect and be in force from shall take effect and be in force from Director of Law determines necessary and after the earliest period allowed and after the earliest period allowed to protect and benefit the public by law. by law. interest. The permit shall be issued Passed August 16, 2017. Passed August 16, 2017. only when, in the opinion of the Effective August 21, 2017. Effective August 21, 2017.

Ord. No. 812-17. By Council Member McCormack. An ordinance changing the Use, Area and Height Districts south of Fairfield Avenue between West 14th Street and West 11th Street, and adding the Urban Form Overlay (Map Change 2559). Be it ordained by the Council of the City of Cleveland: Section 1. That the District of lands bounded and described as follows: Beginning at the intersection of West 14th Street and Fairfield Avenue; Thence southerly along the centerline of West 14th Street to its intersection with the westerly prolongation of the southerly line of a parcel of land conveyed to Fairfield Avenue Associates by deed dated May 1, 1989 and recorded in Auditors File Number V89920890023 and also known as Cuyahoga County Permanent Parcel Number 004-12-106; Thence easterly along said southerly line and its prolongation to its intersection with the westerly line of a parcel of land conveyed to Telecom Acquisition Corp 1, Inc by deed dated October 1, 2008 and also known as Cuyahoga County Permanent Parcel Number 004-12-038; Thence northerly along said westerly line and its prolongation to its intersection with the centerline of Fairfield Avenue; Thence westerly along said centerline to the place of origin; And as identified on the attached map shall be changed to an ‘Multi-Family’ District, a ‘D’ Area District and a ‘2’ Height District; Section 2. That the District of lands bounded and described as follows: Beginning at the intersection of West 11th Street and Fairfield Avenue; Thence westerly along the centerline of Fairfield Avenue to its intersection with the northerly prolongation of the westerly line of a parcel of land conveyed to Telecom Acquisition Corp 1, Inc by deed dated October 1, 2008 and also known as Cuyahoga County Permanent Parcel Number 004-12-038; Thence southerly along said westerly line to its intersection with the southerly line thereof; Thence easterly along said southerly line and its prolongation to its intersection with an easterly line of a parcel of land conveyed to Telecom Acquisition Corp 1, Inc by deed dated October 1, 2008 and also known as Cuyahoga County Permanent Parcel Number 004-12-041; Thence northerly along said easterly line to its intersection with a southerly line thereof; Thence easterly along said southerly line and its prolongation to its intersection with the centerline of West 11th Street; Thence northerly along said centerline to the place of origin; And as identified on the attached map shall be changed to an ‘Multi-Family’ District, a ‘G’ Area District and a ‘2’ Height District; Section 3. That the frontages of lands bounded and described as follows: Beginning at the intersection of West 11th Street and Fairfield Avenue and extending westerly along Fairfield Avenue for a distance of 288' (two hundred and eighty eight feet); And; Beginning at the intersection of West 11th Street and Fairfield Avenue and extending southerly along Wets 11th Street for a distance of 98' (nighty eight feet); And as identified on the attached map shall be established as an Urban Form Overlay District and Frontage; Section 4. That the change of zoning of lands described in Section 1 through 3 shall be identified as Map Change No. 2559, 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 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 1496 August 23, 2017 The City Record 67

Passed August 16, 2017. Effective September 15, 2017.

Ord. No. 814-17. Cantius Parish Convent (aka the is necessary to safeguard the spe- By Council Member McCormack. Matt Talbot Inn) as a landmark; cial historical, community, or aes- An emergency ordinance desig - and thetic interest or value in the land- nating St. John Cantius Parish Whereas, the Commission has rec- mark; now, therefore Convent (aka the Matt Talbot Inn) as ommended designation of St. John Be it ordained by the Council of a Cleveland Landmark. Cantius Parish Convent (aka the the City of Cleveland: Whereas, under Chapter 161 of the Matt Talbot Inn) as a landmark and Section 1. That St. John Cantius Codified Ordinances of Cleveland, has set forth certain findings of fact Parish Convent (aka the Matt Tal- Ohio, 1976, the Cleveland Landmarks constituting the basis for its deci- bot Inn) whose street address in the Commission (the “Commission”), has proposed to designate St. John Can- sion; and City of Cleveland is 2270 Professor tius Parish Convent (aka the Matt Whereas, this ordinance consti- Ave SW, Cuyahoga County Auditor’s Talbot Inn) as a landmark; and tutes an emergency measure provid- Permanent Parcel Number is a part Whereas, a public hearing under ing for the immediate preservation of 004-16-080, and is also known as division (b)(2) of Section 161.04 was of the public peace, property, health, the following described property: held on December 8, 2016 to discuss and safety in that the immediate Situated in the City of Cleveland, the proposed designation of St. John protection of the historic landmark County of Cuyahoga and State of Ohio 1497 68 The City Record August 23, 2017 and known as being the Southerly half approval by the Mayor; otherwise it Situated in the City of Cleveland, of Sub Lot No. 127 in William Slade Jr’s shall take effect and be in force from County of Cuyahoga and State of Ohio Allotment of 106 Acres of land in and after the earliest period allowed and known as being part of Sublot Original Brooklyn Township lot by law. Number 122 in W.F. Walworth’s number 87 and on University Heights Passed August 16, 2017. Subdivision of part of original Euclid so called being bounded and described Effective August 21, 2017. Township Lot Number 1, as shown by as follows: the recorded plat in Volume 8 of Maps, Beginning at the intersection of the Page 6 of Cuyahoga County Records, Southerly line of Literary Road SW and bounded and described as follows: (66 feet wide) and the Westerly line of Ord. No. 816-17. Beginning at the intersection of the Professor Street SW (Formerly West By Council Member J. Johnson. Southeasterly line of Saranac Road 8th Street, 80 feet wide); An emergency ordinance desig - N.E. (formerly Collins Avenue, 60 feet Thence Southeasterly along the nating Beulah Baptist Church (aka wide) and the Northerly line of Westerly line of said Professor Street Collinwood Church of Christ) as a Cardinal Avenue N.E. (formerly SW, 165 feet to a point being the Cleveland Landmark. Delaware Avenue, 60 feet wide); midpoint of said Sub Lot 127, and the Whereas, under Chapter 161 of the Thence Easterly along the principle point of beginning; Codified Ordinances of Cleveland, Northerly line of Cardinal Avenue Thence Southeasterly along the Ohio, 1976, the Cleveland Landmarks N.E., 140 feet 10 inches to a point being Westerly line of said Professor Street Commission (the “Commission”), has 30 feet west of the Southeast corner of SW, about 33 feet to a point being the proposed to designate Beulah Bap- said Sublot Number 122; tist Church (aka Collinwood Church Southeasterly corner of said Sub Lot Thence Northerly parallel with the of Christ) as a landmark; and 127; Easterly line of said Sublot 122, 82 feet Whereas, the owner of Beulah Thence Southwesterly along the 11 inches to the Southerly line of Baptist Church (aka Collinwood Southerly line of said Sub Lot 127, Saranac Road N.E.; Church of Christ) has been proper- about 179.25 feet to a point being the Thence Southwesterly along the ly notified and has consented in Southeasterly line of Saranac Road Southwesterly corner of said Sub Lot writing to the proposed designation; N.E., 162 feet 4 inches to the place of 127; and beginning, be the same more or less Thence Northerly along the Whereas, the Commission has rec- but subject to all legal highways. Westerly line of said Sub Lot 127, ommended designation of Beulah Legal Description approved by Greg about 33 feet to a point; Baptist Church (aka Collinwood Esber, Section Chief, Plats, Surveys Thence Northeasterly parallel to the Church of Christ) as a landmark and House Numbering Section. Southerly line of said Sub Lot 127, and has set forth certain findings of about 167.92 feet to the point of fact constituting the basis for its which in its entirety is a property beginning be the same more or less decision; and having special character or special but subject to all legal highways. Whereas, this ordinance consti- historical or aesthetic value as part of Legal Description approved by Greg tutes an emergency measure provid- the development, heritage, or cultural Esber, Section Chief, Plats, Surveys ing for the immediate preservation characteristics of the City, State, or and House Numbering Section. of the public peace, property, health, the United States, is designated a which in its entirety is a property and safety in that the immediate landmark under Chapter 161 of the having special character or special protection of the historic landmark Codified Ordinances of Cleveland, historical or aesthetic value as part of is necessary to safeguard the spe- Ohio, 1976. the development, heritage, or cultural cial historical, community, or aes- Section 2. That this ordinance is characteristics of the City, State, or thetic interest or value in the land- declared to be an emergency measure the United States, is designated a mark; now, therefore and, provided it receives the landmark under Chapter 161 of the Be it ordained by the Council of affirmative vote of two-thirds of all Codified Ordinances of Cleveland, the City of Cleveland: the members elected to Council, it Ohio, 1976. Section 1. That Beulah Baptist shall take effect and be in force Section 2. That this ordinance is Church (aka Collinwood Church of immediately upon its passage and declared to be an emergency measure Christ) whose street address in the approval by the Mayor; otherwise it and, provided it receives the City of Cleveland is 14912 Saranac shall take effect and be in force from affirmative vote of two-thirds of all Road N.E., Cuyahoga County Audi- and after the earliest period allowed the members elected to Council, it tor’s Permanent Parcel Number is by law. shall take effect and be in force 115-08-092, and is also known as the Passed August 16, 2017. immediately upon its passage and following described property: Effective August 21, 2017.

Ord. No. 823-17. By Council Member Kelley (by departmental request). An emergency ordinance to amend Section 7 of Ordinance No. 323-15, passed March 30, 2015, as amended, relat- ing to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Section 7 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, and Ordinance No. 358-17, passed April 10, 2017, is amended to read as follows:

Section 7. Service Employees International Union, Local 1. That salaries and compensation in the following clas- sifications shall be fixed by the appointing authority in accordance with the schedule appearing after each clas- sification:

Minimum Maximum 1. Animal Care Worker ...... $13.00 $15.00 2. Bridge Oilier ...... $10.20 $19.31 3. Custodial Worker ...... 11.83 15.74 4. Window Washer ...... 14.40 21.73

Section 2. That existing Section 7 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, and Ordinance No. 358-17, passed April 10, 2017, is repealed. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed August 16, 2017. Effective August 21, 2017. 1498 August 23, 2017 The City Record 69

Ord. No. 824-17. Section 1. That CDBG funds in the emergency contracts under the Board- By Council Members Pruitt and amount of $85,950 are appropriated for up Program; authorizing the Director Kelley (by departmental request). anti-predatory lending and of Building and Housing to enter into An emergency ordinance foreclosure prevention assistance, one or more contracts with various authorizing the Director of Public financial literacy programs, fair agencies to implement these Utilities to enter into one or more housing, and administrative costs to programs; and authorizing the contracts without competitive bidding implement the programs. purchase by one or more requirement with Hach Company to maintain, Section 2. That the Director of contracts for the items of labor and service, calibrate, refurbish, and test Community Development is materials necessary to implement the various scientific and in-line process authorized to enter into one or more Board-up Program. analytical instruments manufactured contracts with various organizations Whereas, this ordinance consti- by Hach Company used to monitor the to provide counseling, training, tutes an emergency measure provid- drinking water purification process, marketing, program evaluation and ing for the usual daily operation of for the Division of Water, Department other services required for anti- a municipal department; now, there- of Public Utilities, for a period of two predatory lending and foreclosure fore, years, with an option to renew for an prevention assistance, financial Be it ordained by the Council of additional one-year period, which literacy, fair housing activities and to the City of Cleveland: shall require additional legislation. expend funds for administrative costs Section 1. That Community Whereas, this ordinance consti- to implement the programs. Development Block Grant funds in the tutes an emergency measure provid- Section 3. That the aggregate cost of amount of $950,000 from Fund No. 14 ing for the usual daily operation of the contracts and administrative costs SF 043, RQS 8006, RL 2017-67, are a municipal department; now, there- shall not exceed $85,950, plus any prior appropriated for costs of the fore, balances and program income, shall Department of Building and Housing Be it ordained by the Council of be paid from Funds Nos. 14 SF 040, 14 associated with conducting the the City of Cleveland: SR 041, 14 SF 042, and 14 SF 043. (RQS Demolition and Board-up Programs Section 1. That this Council has 8006, RL 2017-69) incurred in Fund 19 following the determined that the within Section 4. That this ordinance is appropriate federal regulations in commodities are non-competitive and declared to be an emergency measure conjunction with the Community cannot be secured from any source and, provided it receives the Development Block Grant Program. other than Hach Company. Therefore affirmative vote of two-thirds of all Section 2. That the Director of the Director of Public Utilities is the members elected to Council, it Building and Housing is authorized to authorized to make one or more shall take effect and be in force enter into one or more contracts with written contracts with Hach Company immediately upon its passage and various non-profit and for-profit on the basis of its proposal dated June approval by the Mayor; otherwise it agencies and entities for services 12, 2017, for a period of two years, with shall take effect and be in force from necessary to implement the an option to renew for an additional and after the earliest period allowed Demolition Program and emergency one-year period which shall require by law. contracts under the Board-up additional legislation, to maintain, Passed August 16, 2017. Program. service, calibrate, refurbish, and test Effective August 21, 2017. Section 3. That the Director of various scientific and in-line process Building and Housing is authorized to analytical instruments used to make one or more written requirement monitor the drinking water contracts under the Charter and the purification process manufactured by Ord. No. 826-17. Codified Ordinances of Cleveland, Hach Company, to be purchased by the By Council Members Brancatelli Ohio, 1976, for the requirements for a Commissioner of Purchases and and Kelley (by departmental request). one or two year period for the items of An emergency ordinance Supplies, for the Division of Water, labor and materials necessary to authorizing the Director of Department of Public Utilities. implement the Board-up Program, in Community Development to enter into Section 2. That the cost of the the approximate amount as purchased contracts with one or more non-profit contract or contracts authorized shall during the preceding term, to be agencies to operate a community be paid from Fund No. 52 SF 001 and purchased by the Commissioner of garden program. from funds appropriated in 2017 and Purchases and Supplies on a unit basis Whereas, this ordinance consti- 2018 for this purpose, RQS 2002, RL tutes an emergency measure provid- for the Department of Building and 2017-40. ing for the usual daily operation of Housing. Bids shall be taken in a Section 3. That this ordinance is a municipal department; now, there- manner that permits an award to be declared to be an emergency measure fore, made for all items as a single contract, and, provided it receives the Be it ordained by the Council of or by separate contract for each or any affirmative vote of two-thirds of all the City of Cleveland: combination of the items as the Board the members elected to Council, it Section 1. That the Director of of Control determines. Alternate bids shall take effect and be in force Community Development is for a period less than the specified immediately upon its passage and authorized to enter into contracts with term may be taken if desired by the approval by the Mayor; otherwise it one or more non-profit agencies to Commissioner of Purchases and shall take effect and be in force from operate a community gardening Supplies until provision is made for and after the earliest period allowed program. the requirements for the entire term. by law. Section 2. That the cost of the The Director of Building and Housing Passed August 16, 2017. contract or contracts shall not exceed is authorized to enter into one or more Effective August 21, 2017. $126,057, and shall be paid from Fund contracts with a term of two years No. 14 SF 043, Request No. RQS 8006, instead of one year when there is a RL 2017-70. financial advantage to the City. For Section 3. That this ordinance is purposes of this ordinance, a financial Ord. No. 825-17. declared to be an emergency measure advantage shall be determined by the By Council Members Brancatelli and, provided it receives the Director of Building and Housing by and Kelley (by departmental request). affirmative vote of two-thirds of all comparing the bids received for both An emergency ordinance the members elected to Council, it terms. appropriating Community Develop - shall take effect and be in force Section 4. That the costs of the ment Block Grant funds for immediately upon its passage and contract or contracts shall be charged anti-predatory lending and fore - approval by the Mayor; otherwise it against the proper appropriation closure prevention assistance, shall take effect and be in force from accounts and the Director of Finance financial literacy programs, fair and after the earliest period allowed shall certify the amount of any housing, and administrative costs to by law. purchase under the contract, each of implement the programs. Passed August 16, 2017. which purchases shall be made on Whereas, the City of Cleveland Effective August 21, 2017. order of the Commissioner of has received a Community Develop- Purchases and Supplies under a ment Block Grant, Year 43, from the delivery order against the contract or United States Government; and contracts certified by the Director of Whereas, this ordinance consti- Ord. No. 827-17. Finance. tutes an emergency measure provid- By Council Members Brancatelli Section 5. That prior to expending ing for the usual daily operation of and Kelley (by departmental request). funds under this ordinance, the a municipal department; now, there- An emergency ordinance Director of Building and Housing and fore, appropriating Community Develop - the Director of Community Be it ordained by the Council of ment Block Grant funds for expenses Development shall enter into a written the City of Cleveland: for the Demolition Program and agreement for this program. 1499 70 The City Record August 23, 2017

Section 6. That the Director of Whereas, the City of Cleveland incurred in Fund 19 associated with Building and Housing is authorized to has received a Community Develop- conducting the Homeless Services accept monies in repayment under the ment Block Grant, Year 43, from the Program. program and to utilize CDBG program United States Government; and Section 3. That prior to expending income and any prior years balances Whereas, this ordinance consti- funds under this ordinance, the for making additional expenditures tutes an emergency measure provid- Director of Aging and the Director of under this program, and the funds are ing for the usual daily operation of Community Development shall enter appropriated for that purpose. a municipal department; now, there- into a memorandum of understanding Section 7. That the Director of fore, for this program. (RQS 8006, RL 2017- Building and Housing is authorized to Be it ordained by the Council of 71) collect from persons or entities from the City of Cleveland: Section 4. That this ordinance is whom the City is collecting demolition Section 1. That Community declared to be an emergency measure costs an amount equal to any amount Development Block Grant funds in the and, provided it receives the spent for services related to collection amount of $1,166,908 from Fund No. 14 affirmative vote of two-thirds of all of demolition cost, such as title SF 043, RQS 8006, RL 2017-68, are the members elected to Council, it searches, credit bureau reports, and appropriated for costs of the shall take effect and be in force document filing fees. Any funds Department of Public Works incurred immediately upon its passage and collected shall be deposited into Fund from Fund 19 following the approval by the Mayor; otherwise it No. 14. appropriate federal regulations and shall take effect and be in force from Section 8. That this ordinance is associated with conducting the and after the earliest period allowed declared to be an emergency measure Project Clean Program in conjunction by law. and, provided it receives the with the Community Development Passed August 16, 2017. affirmative vote of two-thirds of all Block Grant Program. Effective August 21, 2017. the members elected to Council, it Section 2. That the Director of shall take effect and be in force Public Works is authorized to enter immediately upon its passage and into one or more contracts with approval by the Mayor; otherwise it various non-profit and for-profit Ord. No. 832-17. shall take effect and be in force from agencies to provide services necessary By Council Members Brancatelli and after the earliest period allowed to implement the Project Clean and Kelley (by departmental request). by law. Program. An emergency ordinance Passed August 16, 2017. Section 3. That prior to expending authorizing the Director of Effective August 21, 2017. funds under this ordinance, the Community Development to enter into Director of Public Works and the contracts for Commercial Director of Community Development Revitalization and rebate, grant, shall enter into a memorandum of and/or loan agreements with Ord. No. 828-17. understanding for this program. Storefront Renovation Program By Council Members Brancatelli Section 4. That this ordinance is applicants; to employ one or more and Kelley (by departmental request). declared to be an emergency measure professional consultants to implement An emergency ordinance and, provided it receives the the program; and to enter into authorizing the Director of affirmative vote of two-thirds of all agreements for eligible costs to Community Development to enter into the members elected to Council, it community development corporations contracts with Cuyahoga County and shall take effect and be in force for implementation of the Storefront various non-profit agencies for the immediately upon its passage and Renovation and Commercial implementation of homeless approval by the Mayor; otherwise it Revitalization Programs. assistance activities. shall take effect and be in force from Whereas, this ordinance consti- Whereas, the City has created a tutes an emergency measure provid- and after the earliest period allowed Storefront Renovation Program to ing for the usual daily operation of by law. encourage exterior rehabilitation of a municipal department; now, there- Passed August 16, 2017. buildings in the City of Cleveland; fore, Effective August 21, 2017. and Be it ordained by the Council of Whereas, the City is creating a the City of Cleveland: Commercial Revitalization Program Section 1. That the Director of to further encourage rehabilitation, Community Development is Ord. No. 831-17. increase the availability of goods authorized to enter into one or more By Council Members Brancatelli and services for low and moderate contracts with Cuyahoga County and and Kelley (by departmental request). income residents, and create employ- various non-profit agencies for the An emergency ordinance ment in the City; and implementation of homeless appropriating Community Whereas, this ordinance consti- assistance activities. Development Block Grant funds and tutes an emergency measure provid- Section 2. The aggregate cost of the Emergency Solutions Grant funds for ing for the usual daily operation of contracts authorized shall not exceed expenses of the Senior Homeowners a municipal department; now, there- $2,308,431, and shall be paid from Fund Assistance Program (SHAP), CHORE, fore, Nos. 14 SF 041, 14 SF 042, 14 SF 043, 19 and Homeless Services Programs. Be it ordained by the Council of SF 691, 19 SF 618, and 19 SF 657, RQS Whereas, the City of Cleveland the City of Cleveland: 8006, RL 2017-74. has received a Community Develop- Section 1. That the Director of Section 3. That this ordinance is ment Block Grant, Year 42, from the Community Development is declared to be an emergency measure United States Government; and authorized to enter into rebate, grant, and, provided it receives the Whereas, this ordinance consti- and/or loan agreements with affirmative vote of two-thirds of all tutes an emergency measure provid- Storefront Renovation Program the members elected to Council, it ing for the usual daily operation of applicants, and contracts for eligible shall take effect and be in force a municipal department; now, there- administrative costs, and expenses to immediately upon its passage and fore, community development corporations approval by the Mayor; otherwise it Be it ordained by the Council of for implementation of the Commercial shall take effect and be in force from the City of Cleveland: Revitalization and Storefront and after the earliest period allowed Section 1. That Community Renovation Programs. The Director is by law. Development Block Grant funds in the also authorized to provide Passed August 16, 2017. amount of Two Hundred Eighty compensating balance deposits to Effective August 21, 2017. Thousand Dollars ($280,000) from designated lenders via approved non- Fund No. 14 SF 043, and any prior profit corporations in return for below balances and program income, are market interest rate commercial loans appropriated for costs of the to be used in the Storefront Ord. No. 830-17. Department of Aging incurred in Fund Renovation Program. By Council Members Brancatelli 19 associated with conducting the Section 2. That the Director of and Kelley (by departmental request). Senior Homeowners Assistance Community Development is An emergency ordinance Program (“SHAP”), and CHORE in authorized to employ by contract or appropriating Community conjunction with the Community contracts one or more consultants or Development Block Grant funds for Development Block Grant Program. one or more firms of consultants for expenses for the Project Clean Section 2. That Emergency the purpose of supplementing the Program; and authorizing the Director Solutions Grant funds in the amount of regularly employed staff of the of Public Works to enter into one or Sixty Thousand Dollars ($60,000) from several departments of the City of more contracts with various agencies Fund No. 19 SF 657 are appropriated Cleveland in order to provide to implement the Program. for costs of the Department of Aging professional services necessary to 1500 August 23, 2017 The City Record 71 implement the Storefront Renovation Ord. No. 833-17. Be it ordained by the Council of Program. By Council Members Zone and the City of Cleveland: The selection of the consultant or Brancatelli (by departmental Section 1. That East 146th Street consultants for the services shall be request). between St. Clair Avenue and made by the Board of Control on the An ordinance to amend the Battery Aspinwall Avenue is designated with nomination of the Director of Park Planned Unit Development a secondary and honorary designation Community Development from a list of (PUD) for lands designated as a PUD of “Robert Godwin Sr. Way”. qualified consultants available for District in Ord. 1964-04. Section 2. That this ordinance is employment as may be determined Whereas, Battery Park declared to be an emergency measure after a full and complete canvass by Development, LLC has submitted an and, provided it receives the the Director of Community amendment to the original Battery affirmative vote of two-thirds of all Development for the purpose of Park PUD to the Director of the City the members elected to Council, it compiling a list. The compensation to Planning Commission proposing a shall take effect and be in force be paid for the services shall be fixed change to the site-plan, design and immediately upon its adoption and by the Board of Control. The contract density for the Park Place building in approval by the Mayor; otherwise it or contracts authorized shall be the Planned Unit Development (PUD) shall take effect and be in force from prepared by the Director of Law, on lands established as a PUD District and after the earliest period allowed approved by the Director of by Ord. No. 1964-04; and by law. Community Development, and Whereas, the Director of the City Passed August 16, 2017. certified by the Director of Finance. Planning Commission has accepted Effective August 21, 2017. Section 3. That the Director of said application and has provided Community Development is written notification of the acceptance authorized to enter into contracts with of the application to the member of the Commercial Revitalization Program Council whose ward the proposed Ord. No. 837-17. applicants. Park Place building in the Battery By Council Members Brancatelli Section 4. That the Director of Park PUD is located, and said member and Kelley (by departmental request). Community Development is of Council has endorsed the An emergency ordinance to amend authorized to accept program income amendment to the PUD; and 183.021 of the Codified Ordinances of monies in repayment from community Whereas, the City of Cleveland has Cleveland, Ohio, 1976, as amended by development corporations under the determined that the proposed Ordinance No. 1408-13, passed Storefront Renovation Program and to amendment to the site-plan, design November 18, 2013, relating to land utilize this program income, other and density for the Park Place reutilization programs. Community Development Block Grant building in the Battery Park PUD Whereas, this ordinance consti- program income, and kiosk program meets the purposes and the approval tutes an emergency measure provid- income in a revolving fund, for standards set forth in Chapter 334 of ing for the usual daily operation of Commercial Revitalization and the Codified Ordinances of Cleveland, a municipal department; now, there- Storefront Renovation program Ohio 1976, now, therefore fore, expenditures. Be it ordained by the Council of Be it ordained by the Council of Section 5. That the City is the City of Cleveland: the City of Cleveland: authorized to accept promissory notes, Section 1. That the application for Section 1. That Section 183.021 of the naming the City of Cleveland as an amendment to the Battery Park Codified Ordinances of Cleveland, payee, and mortgages, naming the PUD, established by Ord. 1964-04, be Ohio, 1976, as amended by Ordinance City of Cleveland as mortgagee, and hereby approved in accordance with No. 1408-13, passed November 18, 2013, any other security instrument the requirements set forth in Chapter is amended to read as follows: executed to evidence and secure 334, particularly, section 334.10 (b) of repayment of loans, costs, and fees the Codified Ordinances of Cleveland, Section 183.021 Land Reutilization under the City’s Storefront Renovation Ohio 1976; Programs Program and Commercial Section 2. That the submission by (a) Residential Land Bank. Revitalization Program. Battery Park Development, LLC for (1) The Director of Community Section 6. That the Director of the amendment be placed in File No. Development shall administer a Land Community Development is 1964-04. Both the original and Reutilization Program for residential authorized to enter into forbearance amendment applications shall be kept property established under RC agreements with any recipient of a on file in the office of the Cleveland Chapter 5722 and adopted and validly existing loan, administered by City Planning Commission; implemented by Ordinance 2076-76, the City for Commercial Section 3. That no building permit passed October 25, 1976, and shall Revitalization or Storefront shall be issued by the City of perform the duties specified in RC Renovation. Cleveland for the Park Place building 5722.06. Land acquired as part of the Section 7. That the Director of within the Battery PUD originally Land Reutilization Program for Community Development is established by Ord. 1964-04 unless the residential property may be referred authorized to collect from persons or Building permit application conforms to as Residential Land Bank property. entities with whom the City is with the amended submission by (2) If Residential Land Bank entering into loan agreements or Battery Park Development, LLC property is sold, it shall be sold forebearance agreements an amount approved by this ordinance; according to the terms of RC Chapter equal to any amount spent for services Section 4. That this ordinance shall 5722, without competitive bidding, for related to such agreements, such as take effect and be in force from and not less than fair market value, with title searches, credit bureau reports after the earliest period allowed by reference to such terms and and document filing fees. Such fees law. conditions, restrictions and covenants shall be deposited into Fund No. 14. Passed August 16, 2017. to assure the effective reutilization of Section 8. That the total of the Effective September 15, 2017. the land, as the Board of Control shall contracts, grant agreements, loan determine and authorize, and the land agreements, and rebate agreements shall be conveyed notwithstanding authorized may not exceed $531,000, any other provisions of the Codified plus program income, plus amounts Ord. No. 836-17. Ordinances to the contrary. deposited in the revolving fund By Council Members J. Johnson and (3) If a member of Council does not established in this ordinance and any Brancatelli (by departmental disapprove or request a hold in prior years balances and will be paid request). writing to the Director of Community from Fund Nos. 13 SF 872 and 14 SF An emergency ordinance Development within forty-five (45) 043, Request No. RQS 8006, RL 2017-72. designating East 146th Street between days of notification of a proposed sale, Section 9. That this ordinance is St. Clair Avenue and Aspinwall easement conveyance, or lease of a declared to be an emergency measure Avenue with a secondary and property in the Residential Land Bank and, provided it receives the honorary designation of “Robert in his or her ward then that process affirmative vote of two-thirds of all Godwin Sr. Way”. described in this section shall be used the members elected to Council, it Whereas, this ordinance consti- for the sale, easement conveyance, or shall take effect and be in force tutes an emergency measure for the lease of the property in his or her immediately upon its passage and immediate preservation of public ward. Within forty-five (45) days of approval by the Mayor; otherwise it peace, property, health or safety in notification, a member of Council may shall take effect and be in force from that the citizens of Cleveland want submit a written request for one (1) the after the earliest period allowed by to honor Robert Godwin Sr. with a additional thirty (30) day extension. law. second and honorary street designa- (4) The Commissioner of Purchases Passed August 16, 2017. tion on East 146th Street; now, there- and Supplies when directed by the Effective August 21, 2017. fore, Director of Community Development 1501 72 The City Record August 23, 2017 is authorized to sell or lease any land for one (1) additional thirty (30) day The costs of these contracts shall be in the Residential Land Bank if the extension. paid from Fund 17 SF 965 and from any purchaser of the land is neither tax (4) The Commissioner of Purchases other funds or subfunds which are delinquent nor has any existing and Supplies when directed by the appropriated for this use. Building or Housing Code violations Director of Economic Development is (10) The Director of Economic on property owned in the City. Each authorized to sell or lease any land in Development is authorized to execute instrument of conveyance shall the Industrial-Commercial Land Bank on behalf of the City of Cleveland all contain provisions and use restrictions if the purchaser of the land is neither necessary documents to secure a No as Council deems necessary or tax delinquent nor has any existing Further Action Letter for property appropriate to protect the interests of Building or Housing Code violations from Ohio EPA, including such the neighborhood and the City. on property owned in the City. Each covenants, declarations, or (5) The Commissioner of Purchases instrument of conveyance shall restrictions upon the property are and Supplies when directed by the contain provisions and use restrictions required. Director of Community Development as Council deems necessary or (11) The Commissioner of Pur- is authorized to convey easement appropriate to protect the interests of chases and Supplies when directed interests in any land in the the neighborhood and the City. by the Director of Economic Devel- Residential Land Bank at a price (5) The Commissioner of Purchases opment is authorized to acquire determined to be fair market value by and Supplies when directed by the property from third parties, either the Board of Control taking into Director of Economic Development is through a donation or a purchase at account the nature of the easement authorized to convey easement a price determined to be fair mar- and the easement shall be conveyed interests in any land in the Industrial- ket value by the Board of Control, notwithstanding any other provision Commercial Land Bank at a price to hold in the Industrial-Commercial of the Codified Ordinances to the determined to be fair market value by Land Bank. The Director of Eco- contrary. the Board of Control taking into nomic Development is authorized to (6) That the conveyance of account the nature of the easement enter into agreements with agents easement interests shall be made by and the easement shall be conveyed necessary to assist with acquisition official deed of easement prepared by notwithstanding any other provision activities under this division. the Director of Law and executed by of the Codified Ordinances to the Section 2. That existing Section the Director of Community contrary. 183.021 of the Codified Ordinances of Development on behalf of the City of (6) That the conveyance of Cleveland, Ohio, 1976, as amended by Cleveland. The deed of easement shall easement interests shall be made by Ordinance No. 1408-13, passed contain such other terms and official deed of easement prepared by November 18, 2013, is repealed. conditions that the Director of Law the Director of Law and executed by Section 3. That this ordinance is determines to be necessary to protect the Director of Economic Development declared to be an emergency measure and benefit the City. on behalf of the City of Cleveland. The and, provided it receives the (7) Before the acquisition of any deed of easement shall contain such affirmative vote of two-thirds of all residential property with multiple other terms and conditions that the the members elected to Council, it parcels into the Residential Land Director of Law determines to be shall take effect and be in force Bank, the Director of Community necessary to protect and benefit the immediately upon its passage and Development shall conduct all City. approval by the Mayor; otherwise it appropriate inquiries in accordance (7) Before the acquisition of any shall take effect and be in force from with rules adopted by the United industrial or commercial property into and after the earliest period allowed States Environmental Protection the Industrial-Commercial Land Bank, by law. Agency under the requirements of the the Director of Economic Development Passed August 16, 2017. Small Business Liability Relief and shall conduct all appropriate inquiries Effective August 21, 2017. Brownfields Revitalization Act (Pub. in accordance with rules adopted by L. No. 107-118, 115 stat. 2356). the United States Environmental (b) Industrial-Commercial Land Protection Agency under the Bank. requirements of the Small Business Ord. No. 838-17. (1) The Director of Economic Liability Relief and Brownfields By Council Members Griffin, Development shall administer a Land Revitalization Act (Pub. L. No. 107-118, Brancatelli and Kelley (by Reutilization Program for industrial 115 stat. 2356). departmental request). and commercial property established (8) The Director of Economic An emergency ordinance under RC Chapter 5722 and adopted Development is authorized to deposit authorizing the Director of Economic and implemented by Ordinance 2076- the proceeds from the sale of any Development to enter into an 76, passed October 25, 1976, and shall industrial or commercial property amendment to Contract No. 57798 perform the duties specified in RC from the Industrial-Commercial Land relating to Quincy Place, with Fairfax 5722.06. Land, including residential Bank into Special Revenue Fund No. Renaissance Development Corp - properties, acquired as part of the 17 SF 965. This fund shall be used for oration, to change certain terms of the Land Reutilization Program for costs associated with acquisition, loan. industrial and commercial property maintenance, remediation, and Whereas, this ordinance consti- may be referred to as Industrial- disposition of Industrial-Commercial tutes an emergency measure provid- Commercial Land Bank property. Land Bank property including costs ing for the usual daily operation of (2) If Industrial-Commercial Land for insurance and for activities related a municipal department; now, there- Bank property is sold, it shall be sold to the recovery of costs incurred on fore, according to the terms of RC Chapter these properties. Further, funds Be it ordained by the Council of 5722, without competitive bidding, for received by the City of Cleveland as a the City of Cleveland: not less than fair market value, with result of direct insurance claim Section 1. That the Director of reference to such terms and settlements, cost recovery efforts Economic Development is authorized conditions, restrictions and covenants initiated by the Land Reutilization to enter into an amendment to to assure the effective reutilization of Program for industrial and Contract No. 57798 relating to Quincy the land, as the Board of Control shall commercial property, demolition or Place, with Fairfax Renaissance determine and authorize, and the land remediation actions as a result of the Development Corporation, to change shall be conveyed notwithstanding Program, and grants, donations or any certain terms of the loan, which are any other provisions of the Codified other sources pledged to the Program identified in File No. 838-17-A. Ordinances to the contrary. shall be deposited in Special Revenue Section 2. That the amendment shall (3) If a member of Council does not Fund No. 17 SF 965. be prepared by the Director of Law. disapprove or request a hold in (9) The Director of Economic Section 3. That this ordinance is writing to the Director of Economic Development is authorized to execute declared to be an emergency measure Development within forty-five (45) on behalf of the City of Cleveland all and, provided it receives the days of notification of a proposed sale, necessary documents to employ and affirmative vote of two-thirds of all easement conveyance, or lease of a pay all fees for services necessary, the members elected to Council, it property in the Industrial-Commercial including agents to conduct shall take effect and be in force Land Bank in his or her ward then that acquisition activities for the immediately upon its passage and process described in this section shall acquisition, maintenance, remediation approval by the Mayor; otherwise it be used for the sale, easement and disposition of the property and to shall take effect and be in force from conveyance, or lease of the property in comply with any applicable federal or and after the earliest period allowed his or her ward. Within forty-five (45) state regulatory requirements, as well by law. days of notification, a member of as to execute documents for the Passed August 16, 2017. Council may submit a written request purchase of insurance on the property. Effective August 21, 2017. 1502 August 23, 2017 The City Record 73

Ord. No. 839-17. Development to accept a discount contains the characteristics By Council Members Brancatelli prepayment of the Empowerment described in division (A) of Section and Kelley (by departmental request). Zone HUD 108 Loan, Contract No. 5709.61 of the Revised Code and cer- An emergency ordinance 60103, from 4415 Euclid LLC regarding tified the area as an “Urban Jobs authorizing the Director of Economic the redevelopment of the 4415 Euclid and Enterprise Zone” under Chapter Development to apply for and accept Building. 5709 of the Revised Code; and one or more grants from JobsOhio Whereas, 4415 Euclid LLC has Whereas, Chester Ave Hotel LLC, and/or Ohio Development Services requested to make a discounted pre- or its designee (the “Enterprise”) Agency or other public entity, for payment of its Empowerment Zone has proposed to construct a hotel to environmental assistance for HUD 108 Loan, Contract No. 60103, be located on the northwest corner proposed redevelopment in the in an amount of $2,352,000; and of East 101st Street and Chester Opportunity Corridor; and authorizing Whereas, this ordinance consti- Avenue in the Cleveland Area Enter- contracts with various developers, or tutes an emergency measure provid- prise Zone; and their designees, to implement the ing for the usual daily operation of Whereas, the Enterprise has cer- project. a municipal department; now, there- tified to the City that it would be Whereas, this ordinance consti- fore, at a competitive disadvantage oper- tutes an emergency measure provid- Be it ordained by the Council of ating at this location if taxes on cer- ing for the usual daily operation of the City of Cleveland: tain real property improvements a municipal department; now, there- Section 1. That the Director of were not abated; and fore, Economic Development is authorized Whereas, this ordinance consti- Be it ordained by the Council of to accept on behalf of the City, a tutes an emergency measure provid- the City of Cleveland: discounted prepayment from 4415 ing for the immediate preservation Section 1. That the Director of Euclid LLC, in an amount of $2,352,000 of the public peace, safety, proper- Economic Development is authorized on Empowerment Zone HUD 108 Loan, ty, and welfare and that its enact- to apply for and accept one or more Contract No. 60103, regarding the ment is a necessary prerequisite to grants in an aggregate amount up to redevelopment of the 4415 Euclid providing immediate assistance to $10,000,000, from JobsOhio and/or Ohio Building. create and preserve job opportuni- Development Services Agency or other Section 2. That the Director of ties and advance and promote com- public entity, or its successor or Economic Development is authorized mercial and economic development designee, for environmental to file all papers and execute all in the City of Cleveland, and the assessment, remediation, and/or documents necessary to receive the assistance is immediately necessary redevelopment assistance in funds under the prepayment. or jobs will be lost; now, therefore, connection with redevelopment in the Section 3. That the Director of Be it ordained by the Council of Opportunity Corridor, to be used to Economic Development is authorized the City of Cleveland: implement the project as described in to deposit the prepayment of the Section 1. That this Council the executive summary below; that the Empowerment Zone HUD 108 Loan approves the application of the Director is authorized to file all papers into Fund No. 18 SF 002. Enterprise for enterprise zone and execute all documents necessary Section 4. That this ordinance is incentives on the basis that the to receive the funds under the grant; declared to be an emergency measure Enterprise is qualified by financial and that the funds are appropriated and, provided it receives the responsibility and business for the purposes described in the affirmative vote of two-thirds of all experience to create and preserve executive summary for the grant the members elected to Council, it employment opportunities in the contained in the file described below shall take effect and be in force Cleveland Area Enterprise Zone and and in any subsequent grant immediately upon its passage and to improve the economic climate of the amendments, which amendments will approval by the Mayor; otherwise it be filed with Council. City of Cleveland. Section 2. That the executive shall take effect and be in force from Section 2. That the Director of summary for the grant, File No. 839-17- and after the earliest period allowed Economic Development is authorized A, made a part of this ordinance as if by law. to enter into an Enterprise Zone fully rewritten, as presented to the Passed August 16, 2017. Agreement with the Enterprise to Finance Committee of this Council at Effective August 21, 2017. provide for a ten-year, sixty percent the public hearing on this legislation, (60%) tax abatement for certain real is approved in all respects and shall property improvements commencing not be changed without additional the first year for which the real legislative authority. Ord. No. 841-17. property improvements would first be Section 3. That the Director of By Council Members Brancatelli taxable were that property not Economic Development is authorized and Kelley (by departmental request). exempted from taxation; the to enter into one or more contracts An emergency ordinance abatement shall be subject to annual with various developers, or their authorizing the Director of Economic review of the Tax Incentive Review designees, to implement the grant Development to enter into an Council. project. Enterprise Zone Agreement with Section 3. That the terms of the tax Section 4. That the contract or Chester Ave Hotel LLC, or its abatement shall be in accordance with contracts authorized by this ordinance designee, to provide for tax abatement the terms in the Summary contained in shall be prepared by the Director of for certain real property File No. 841-17-A. These terms shall not Law. improvements as an incentive to be amended, nor shall the tax Section 5. That the cost of the construct a hotel to be located on the abatement be assignable or contract or contracts authorized will northwest corner of East 101st Street transferable to any entity, without the be paid from the fund or subfunds that and Chester Avenue in the Cleveland prior legislative authorization by are credited the proceeds of the grant Area Enterprise Zone. Cleveland City Council. or grants accepted under this Whereas, by letter dated June 27, Section 4. That the Director of ordinance. 2017, the City provided the Cleve- Economic Development is authorized Section 6. That this ordinance is land Metropolitan School District to charge and accept fees in an declared to be an emergency measure (“CMSD”) with a notice of proposed amount not to exceed the maximum and, provided it receives the tax exemptions required by the allowable under Chapter 5709 of the affirmative vote of two-thirds of all Revised Code; and Revised Code and the funds are the members elected to Council, it Whereas, under Ordinance No. 948- appropriated for the purposes listed in shall take effect and be in force 95, passed June 19, 1995, this Coun- Chapter 5709 of the Revised Code. The immediately upon its passage and cil designated an area, which is in fees shall be deposited to and approval by the Mayor; otherwise it the City of Cleveland and described expended from Fund No. 17 SF 305. shall take effect and be in force from in File No. 948-95-A, as the Cleveland Section 5. That the contract and and after the earliest period allowed Area Enterprise Zone (the “Zone”) other appropriate documents needed by law. under Chapter 5709 of the Revised to complete the transaction authorized Passed August 16, 2017. Code; and by this legislation shall be prepared Effective August 21, 2017. Whereas, under Ordinance No. by the Director of Law. 1568-14, passed December 8, 2014, Section 6. That any contract this Council changed the maximum authorized by this legislation must term of tax abatements from ten to require the recipient of financial Ord. No. 840-17. fifteen years, as now allowed under assistance to work with, and/or cause By Council Members Brancatelli Ohio law; and their Tenants to work with, The and Kelley (by departmental request). Whereas, in August, 1995, the Workforce Investment Board for An emergency ordinance Director of Development of the State Workforce Area No. 3 to identify and authorizing the Director of Economic of Ohio determined that the Zone solicit qualified candidates for job 1503 74 The City Record August 23, 2017 opportunities related to the City’s Ord. No. 845-17. Health to apply for and accept a grant contracts. The identification process By Council Members Keane and from the United States Department of shall place special emphasis on the Kelley (by departmental request). Homeland Security for FY 2018 hard to employ, including people who An emergency ordinance Biowatch Program. are disabled and people who have authorizing the Director of Port Whereas, this ordinance consti- been convicted of or who have pled Control to employ one or more tutes an emergency measure provid- guilty to a criminal offense which is professional consultants to provide ing for the usual daily operation of unrelated to the duties of the job temporary or seasonal personnel, for a a municipal department; now, there- opportunity. period of one year, with three one-year fore, Section 7. That this ordinance is options to renew, the second of which Be it ordained by the Council of declared to be an emergency measure would require additional legislative the City of Cleveland: and, provided it receives the authority. Section 1. That the Director of affirmative vote of two-thirds of all Whereas, this ordinance consti- Public Health is authorized to apply the members elected to Council, it tutes an emergency measure provid- for and accept a grant in the shall take effect and be in force ing for the usual daily operation of approximate amount of $418,236, and immediately upon its passage and a municipal department; now, there- any other funds that become available approval by the Mayor; otherwise it fore, during the grant term, from the United shall take effect and be in force from Be it ordained by the Council of States Department of Homeland and after the earliest period allowed the City of Cleveland: Security to conduct the FY 2018 by law. Section 1. That the Director of Port Biowatch Program in accordance with Passed August 16, 2017. Control is authorized to employ by the purposes set forth in the objective Effective August 21, 2017. contract or contracts one or more and budget; that the Director of Public consultants or one or more firms of Health is authorized to file all papers consultants for the purpose of and execute all documents necessary supplementing the regularly to receive the funds under the grant; Ord. No. 843-17. employed staff of the several and that the funds are appropriated By Council Members Keane and departments of the City of Cleveland for the purposes in the summary for Kelley (by departmental request). in order to provide professional the grant. An emergency ordinance services necessary to provide Section 2. That the objective and authorizing the Director of Port temporary or seasonal personnel, for a budget for the grant, File No. 847-17-A, Control to enter into one or more period of one year, with three one-year made a part of this ordinance as if contracts with Fire Force, Inc. for options to renew, the second of which fully rewritten, is approved in all professional services necessary to would require additional legislative respects and shall not be changed provide the Airport rescue and authority. The first of the one-year without additional legislative firefighting personnel annual FAA options to renew may be exercised by authority. certification training, for a period of the Director of Port Control, without Section 3. That, unless expressly one year, with three one-year options the necessity of obtaining additional prohibited by the grant agreement, to renew, the second of which would authority of this Council. The second under Section 108(B) of the Charter, require additional legislative of the one-year options to renew may purchases made under the grant authority. not be exercised without additional agreement may be made through Whereas, this ordinance consti- legislative authority. If such cooperative arrangements with other tutes an emergency measure provid- additional legislative authority is governmental agencies. The Director ing for the usual daily operation of granted and the second of the one-year of Public Health may sign all a municipal department; now, there- options to renew is exercised, then the documents and do all things that are fore, third of the one-year options to renew necessary to make the purchases, and Be it ordained by the Council of may be exercised at the option of the may enter into one or more contracts the City of Cleveland: Director of Port Control, without the with the vendors selected through that Section 1. That the Director of Port necessity of obtaining additional cooperative process. The contracts Control is authorized to enter into one authority of this Council. shall be paid from the fund or funds to or more contracts with Fire Force, Inc. The selection of the consultant or which are credited any grant funds for professional services necessary to consultants for the services shall be accepted under this ordinance. provide the Airport Rescue and made by the Board of Control on the Section 4. That the Director of Firefighting personnel annual FAA nomination of the Director of Port Public Health shall have the authority Part 139 certification training, on the basis of its proposal dated June 12, Control from a list of qualified to extend the term of the grant during 2017, for the Department of Port consultants available for employment the grant term. Control for a period of one year, with as may be determined after a full and Section 5. That the Director of three one-year options to renew, the complete canvass by the Director of Public Health shall deposit the grant second of which would require Port Control for the purpose of accepted under this ordinance into a additional legislative authority. The compiling a list. The compensation to fund or funds designated by the first of the one-year options to renew be paid for the services shall be fixed Director of Finance to implement the may be exercised by the Director of by the Board of Control. The contract program as described in the file and Port Control, without the necessity of or contracts authorized shall be appropriated for that purpose. obtaining additional authority of this prepared by the Director of Law, Section 6. That this ordinance is Council. The second of the one-year approved by the Director of Port declared to be an emergency measure options to renew may not be exercised Control, and certified by the Director and, provided it receives the without additional legislative of Finance. affirmative vote of two-thirds of all authority. If such additional Section 2. That the cost of the the members elected to Council, it legislative authority is granted and contract or contracts authorized shall shall take effect and be in force the second of the one-year options to be paid from Fund No. 60 SF 001, immediately upon its passage and renew is exercised, then the third of Request No. RQS 3001, RL 2017-65. approval by the Mayor; otherwise it the one-year options to renew may be Section 3. That this ordinance is shall take effect and be in force from exercised at the option of the Director declared to be an emergency measure and after the earliest period allowed of Port Control, without the necessity and, provided it receives the by law. of obtaining additional authority of affirmative vote of two-thirds of all Passed August 16, 2017. this Council. the members elected to Council, it Effective August 21, 2017. Section 2. The contract or contracts shall take effect and be in force shall be paid from Fund No. 60 SF 001, immediately upon its passage and RQS 3001, RL 2017-66. approval by the Mayor; otherwise it Section 3. That this ordinance is shall take effect and be in force from Ord. No. 848-17. declared to be an emergency measure and after the earliest period allowed By Council Members Cummins and and, provided it receives the by law. Kelley (by departmental request). affirmative vote of two-thirds of all Passed August 16, 2017. An emergency ordinance the members elected to Council, it Effective August 21, 2017. authorizing the Director of Public shall take effect and be in force Health to apply for and accept a grant immediately upon its passage and from the Bureau of Justice Assistance approval by the Mayor; otherwise it Program for the Cleveland Opioid shall take effect and be in force from Ord. No. 847-17. Response and Action Plan Grant; and after the earliest period allowed By Council Members Cummins and authorizing the Director to enter into by law. Kelley (by departmental request). one or more contracts with Dr. Johnnie Passed August 16, 2017. An emergency ordinance Rose for professional services needed Effective August 21, 2017. authorizing the Director of Public to implement the grant. 1504 August 23, 2017 The City Record 75

Whereas, this ordinance consti- a municipal department; now, there- west right of way line of Broadway tutes an emergency measure provid- fore, Avenue (60 feet wide) and at the ing for the usual daily operation of Be it ordained by the Council of southeast corner of a parcel of land, a municipal department; now, there- the City of Cleveland: now or formerly owned by Slavic fore, Section 1. That the Director of Village Development Corporation per Be it ordained by the Council of Public Safety is authorized to enter Document Number 201106300173, said the City of Cleveland: into a Memorandum of Understanding point also being the TRUE POINT OF Section 1. That the Director of (“MOU”) for Mutual Aid with the Ohio BEGINNING for the following parcel Public Health is authorized to apply Adjutant General’s Department for herein described; for and accept a grant in the the support to the City’s Narcotics Unit Thence S 38°27'42" E, 13.50 feet, approximate amount of $200,000 for in the Division of Police in the form of along the Grantor’s east line and the each year of the grant, and any other sharing a Guard Analyst from the westerly right of way line of funds that may become available Ohio National Guard Counterdrug Broadway Avenue, to a point; during the grant term from the Bureau Task Force. The MOU shall be Thence S 51°32'18" W, 158.28 feet, of Justice Assistance Program to substantially in the form placed in through the Grantor’s parcel, to a conduct the Cleveland Opioid File No. 849-17-A. point on the Grantor’s west line and on Response and Action Plan Grant; that Section 2. That the term of the MOU the east right of way line of East 49th the Director is authorized to file all shall be automatically renewed from Street (45 feet wide); papers and execute all documents year to year unless terminated by Thence N 00°45'23" W, 17.06 feet, necessary to receive the funds under either party. That the MOU shall be at along the Grantor’s west line and the the grant; and that the funds are no cost to the City. east right of way line of East 49th appropriated for the purposes Section 3. That this ordinance is Street, to a point at the Grantor’s described in the executive summary declared to be an emergency measure northwest corner and the southwest for the grant contained in the file and, provided it receives the corner of the Slavic Village described below. affirmative vote of two-thirds of all Development Corporation parcel; Section 2. That the executive the members elected to Council, it Thence N 51°32'18" E, 147.84 feet, summary for the grant, File No. 848-17- shall take effect and be in force along the Grantor’s north line and the A, made a part of this ordinance as if immediately upon its passage and south line of the Slavic Village parcel, fully rewritten is approved in all approval by the Mayor; otherwise it to the point of beginning and respects and shall not be changed shall take effect and be in force from containing 2066 square feet of land, without additional legislative and after the earliest period allowed more or less. authority. by law. The above description was prepared Section 3. That the Director of Passed August 16, 2017. by Dan Stankavich, P.S. 7122 on June Public Health is authorized to extend Effective August 21, 2017. 6, 2017, and is based on an actual field the term of the grant. survey performed by AECOM, by or Section 4. That the Director of under the direct supervision of David Public Health shall deposit the grant P. Povich in October of 2017. accepted under this ordinance into a Ord. No. 850-17. Bearings based on Ohio State Plane fund or funds designated by the By Council Members Zone and grid bearings, North Zone NAD Director of Finance to implement the Kelley (by departmental request). 83(2011). program as described in the file and An emergency ordinance Section 2. That, notwithstanding appropriated for that purpose. authorizing the Director of Public and as an exception to the provisions Section 5. That the Director of Safety to enter into an agreement with of Chapters 181 and 183 and Section Public Health is authorized to enter Slavic Village Development 133.24 of the Codified Ordinances of into one or more contracts with Dr. Corporation to allow and accept Cleveland, Ohio, 1976, the Director of Johnnie Rose to implement the grant landscaping improvements at Fire Public Safety is authorized to enter as described in the file. Station No. 13 located at 4952 into a property adoption agreement Section 6. That the costs of the Broadway Avenue, as a gift to the with Slavic Village, to maintain the contract or contracts authorized by City; and authorizing the director to landscaping improvements at Fire this ordinance shall be paid from the enter into a property adoption Station No. 13, for maintenance of the fund or funds to which are credited the agreement with Slavic Village improvements. grant proceeds accepted under this Development Corporation to maintain Section 3. That the property ordinance. the improvements it installs at the adoption shall not be construed as a Section 7. That this ordinance is location. conveyance of any right, title, or declared to be an emergency measure Whereas, this ordinance consti- interest in public property, but is the and, provided it receives the tutes an emergency measure provid- grant of a privilege revocable at the affirmative vote of two-thirds of all ing for the usual daily operation of will of Council. the members elected to Council, it a municipal department; now, there- Section 4. That the agreements shall take effect and be in force fore, authorized in this ordinance shall be immediately upon its passage and Be it ordained by the Council of prepared by the Director of Law. approval by the Mayor; otherwise it the City of Cleveland: Section 5. That this ordinance is shall take effect and be in force from Section 1. That the Director of declared to be an emergency measure and after the earliest period allowed Public Safety is authorized to enter and, provided it receives the by law. into an agreement with Slavic Village affirmative vote of two-thirds of all Passed August 16, 2017. Development Corporation (“Slavic the members elected to Council, it Effective August 21, 2017. Village”) to allow it to install shall take effect and be in force landscaping on a portion of City- immediately upon its passage and owned property located at 4952 approval by the Mayor; otherwise it Broadway Avenue, Permanent Parcel shall take effect and be in force from Ord. No. 849-17. No. 123-30-004, known as Fire Station and after the earliest period allowed By Council Members Zone and No. 13 (“Fire Station No. 13”) and to by law. Kelley (by departmental request). accept the improvements as a gift to Passed August 16, 2017. An emergency ordinance the City. The improvement location is Effective August 21, 2017. authorizing the Director of Public more fully described as follows: Safety to enter into a Memorandum of Understanding for Mutual Aid with Northwesterly 13.5 feet the Ohio Adjutant General’s of PPN 123-30-004 Ord. No. 860-17. Department for the Ohio National Situated in the City of Cleveland, By Council Members Cummins and Guard Counterdrug Task Force to County of Cuyahoga, and State of Kelley (by departmental request). provide a Guard analyst to assist the Ohio, and being part of the Original An emergency ordinance authoriz- City’s Narcotics Unit in the Division of One Hundred Acre Lot No. 324, being ing the Director of Public Health to Police. also part of a parcel of land, now or enter into contract with the Ohio Whereas, Ohio Adjutant General’s formerly owned by the City of Department of Health to perform Department is extending aid to the Cleveland per Deed Volume 14629, investigations of violations regard- City’s Narcotics Unit in the Division Page 341, this and all further ing smoking in workplaces and of Police in the form of a Guard references made to the Cuyahoga other public places. Analyst from the Ohio National County Fiscal Officer’s records, and Whereas, this ordinance consti- Guard Counterdrug Task Force; and being more fully described as follows: tutes an emergency measure provid- Whereas, this ordinance consti- Commencing at a point at the ing for the usual daily operation of tutes an emergency measure provid- northeast corner of the Grantor’s a municipal department; now, there- ing for the usual daily operation of parcel, said point being located on the fore, 1505 76 The City Record August 23, 2017

Be it ordained by the Council of and, provided it receives the Whereas, this ordinance consti- the City of Cleveland: affirmative vote of two-thirds of all tutes an emergency measure provid- Section 1. That the Director of the members elected to Council, it ing for the usual daily operation of Public Health is authorized to enter shall take effect and be in force a municipal department; now, there- into contract with the Ohio Depart- immediately upon its passage and fore, ment of Health, under which the approval by the Mayor; otherwise it Be it ordained by the Council of City will perform investigations of shall take effect and be in force from the City of Cleveland: violations regarding smoking in and after the earliest period allowed Section 1. That the Secretary of workplaces and other public places by law. the Civil Service Commission is from July 1, 2017 to June 30, 2019. Passed August 16, 2017. authorized to employ by contract or The contract shall provide that the Effective August 21, 2017. contracts one or more consultants or City will receive compensation for one or more firms of consultants for performing the investigations in the the purpose of supplementing the amount of $125.00 per investigation regularly employed staff of the sev- to be deposited into Fund No. 10 SF Ord. No. 862-17. eral departments of the City of 804. The Director of Finance is By Mayor Jackson, Council Cleveland in order to provide pro- authorized to receive and accept the Members Zone and Kelley. fessional services necessary to compensation on behalf of the City An emergency ordinance authoriz- develop, administer, and grade pro- and the Director of Public Health is ing the Director of the Community motional examinations, including authorized to sign the documents Relations Board to enter into one or but not limited to, job analyses, necessary to enter into the contract. more contracts with Cornerstone of transportability studies, written and Section 2. That the agreement shall Hope for the public purpose of pro- oral examinations, appropriate be prepared by the Director of Law. viding bereavement care for resi- study guides, selection and training Section 3. That this ordinance is dents of the City, including grief or oral board panel members, scor- declared to be an emergency measure intervention services with the ing and analysis of test results, and and, provided it receives the Mayor’s Community Outreach team, all related reporting, for the Divi- affirmative vote of two-thirds of all trauma therapy, and complicated sion of Police, Department of Public the members elected to Council, it grief interventions to families who Safety. The contract or contracts shall take effect and be in force seek support after the death of a shall be executed no later than immediately upon its passage and loved one from a traumatic event, December 31, 2018. approval by the Mayor; otherwise it for a period of one year, with one The selection of the consultants for shall take effect and be in force from option to renew for an additional the services shall be made by the and after the earliest period allowed year, exercisable by the Director of Board of Control on the nomination of by law. Community Relations. the Secretary of the Civil Service Passed August 16, 2017. Whereas, this ordinance consti- Commission from a list of qualified Effective August 21, 2017. tutes an emergency measure provid- consultants available for employment ing for the usual daily operation of as may be determined after a full and a municipal department; now, there- complete canvass by the Secretary of fore, the Civil Service Commission for the Ord. No. 861-17. Be it ordained by the Council of purpose of compiling a list. The By Council Members K. Johnson and the City of Cleveland: compensation to be paid for the services shall be fixed by the Board of Kelley (by departmental request). Section 1. That the Director of the Control. The contract or contracts An emergency ordinance authoriz- Community Relations Board is authorized shall be prepared by the ing the purchase by one or more authorized to enter into one or more Director of Law, approved by the contracts of carts for the automated contracts with Cornerstone of Hope Secretary of the Civil Service waste collection and curbside recy- for the public purpose of providing Commission, and certified by the cling, for the Division of Waste Col- bereavement care for residents of Director of Finance. The City and the lection and Disposal, Department of the City, including grief interven- Consultant may enter into separate tion services with the Mayor’s Com- Public Works. contracts for the separate phases of munity Outreach team, trauma ther- Whereas, this ordinance consti- the services necessary. tutes an emergency measure provid- apy, and complicated grief interven- Section 2. That the cost of contract ing for the usual daily operation of tions to families who seek support or contracts authorized shall be paid a municipal department; now, there- after the death of a loved one from from Fund No. 01-0108-67320. (RQS fore, a traumatic event, for a period of 0108, RL 2017-75) Be it ordained by the Council of one year, with one option to renew Section 3. That this ordinance is the City of Cleveland: for an additional year, exercisable declared to be an emergency measure Section 1. That the Director of by the Director of the Community and, provided it receives the Public Works is authorized to make Relations Board, on the basis of affirmative vote of two-thirds of all one or more written contracts under their proposal dated July 7, 2017. the members elected to Council, it the Charter and the Codified Ordi- The contract or contracts shall be shall take effect and be in force nances of Cleveland, Ohio, 1976, for paid from Fund No. 01-0109-6320, immediately upon its passage and each or all of the following items: Request No. RQS 0109, RL 2017-78. approval by the Mayor; otherwise it carts for the automated waste col- Section 2. That this ordinance is shall take effect and be in force from lection and curbside recycling pro- declared to be an emergency measure and after the earliest period allowed gram to be purchased by the Com- and, provided it receives the by law. missioner of Purchases and Supplies affirmative vote of two-thirds of all Passed August 16, 2017. on a unit basis, for the Division of the members elected to Council, it Effective August 21, 2017. Waste Collection and Disposal, shall take effect and be in force Department of Public Works. immediately upon its passage and Section 2. That under Section 108(b) approval by the Mayor; otherwise it of the Charter, the purchases shall take effect and be in force from Ord. No. 864-17. authorized by this ordinance may be and after the earliest period allowed By Council Members Pruitt and K. made through cooperative by law. Johnson. arrangements with other Passed August 16, 2017. An emergency ordinance rescind- governmental agencies. The Director Effective August 21, 2017. ing the designation of Robert Ful- of Public Works may sign all ton Elementary School as a Cleve- documents that are necessary to make land Landmark. the purchases, and may enter into one Whereas, Cleveland City Council or more contracts with the vendors Ord. No. 863-17. designated the Robert Fulton Ele- selected through that cooperative By Council Member Kelley (by mentary School located at 3291 East process. departmental request). 140th Street S.E., permanent parcel Section 3. That the cost of the An emergency ordinance authoriz- number 130-15-001, as a Cleveland contract or contracts authorized shall ing the Secretary of the Civil Ser- Landmark by Ordinance No. 1167-05, not exceed $300,000 and shall be paid vice Commission to employ one or passed August 3, 2005; and from Fund Nos. 20 SF 517, 20 SF 524, 20 more professional consultants to Whereas, Cleveland City Council SF 532, 20 SF 539, 20 SF 545, 20 SF 553, develop, administer, and grade pro- may rescind the designation of any 20 SF 559, 20 SF 562, 20 SF 566, 20 SF motional examinations for the Divi- building as a landmark by ordi- 570. (RQS 7013, RL 2017-77) sion of Police, Department of Public nance under Chapter 161.04(b)(9) of Section 4. That this ordinance is Safety, and executed no later than the Codified Ordinances of Cleve- declared to be an emergency measure December 31, 2018. land; and 1506 August 23, 2017 The City Record 77

Whereas, this ordinance consti- Ord. No. 937-17. development assistance to partially tutes an emergency measure for the By Council Members Griffin, finance the Project. immediate preservation of public Brancatelli and Kelley (by Section 10. That the costs of any peace, property, health or safety, departmental request). loan funding under this ordinance, now, therefore, An emergency ordinance to amend including forgivable and nonforgiv- Be it ordained by the Council of Sections 3 and 10 of Ordinance No. able portions, shall not exceed 733-17, passed July 12, 2017, to pro- $466,000, and that the cost of the the City of Cleveland: vide financial assistance to Simon’s grant shall not exceed $808,000, for Section 1. That Cleveland City Supermarket, or its designee, for a total of $1,274,000 and shall be Council rescinds the designation of redeveloping the vacant grocery paid from Fund Nos. 17 SF 008, 17 Robert Fulton Elementary School, store at 11501 Buckeye Road as a SF 652, and 12 SF 954, RQS 9501, RL located at 3291 East 140th Street full-service supermarket. 2017-60. S.E., permanent parcel number 130- Whereas, this ordinance consti- Section 2. That Sections 3 and 10 of 15-001, as a Cleveland Landmark. tutes an emergency measure provid- Ordinance No. 733-17, passed July 12, Section 2. That this ordinance is ing for the usual daily operation of 2017, are repealed. hereby declared to be an emergency a municipal department; now, there- Section 3 That this ordinance is measure and, provided it receives the fore, declared to be an emergency measure affirmative vote of two-thirds of all Be it ordained by the Council of and, provided it receives the the members elected to Council, it the City of Cleveland: affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force Section 1. That Sections 3 and 10 of Ordinance No. 733-17, passed July shall take effect and be in force immediately upon its passage and 12, 2017, are amended to read as fol- immediately upon its passage and approval by the Mayor; otherwise it lows: approval by the Mayor; otherwise it shall take effect and be in force from Section 3. That the Director of shall take effect and be in force from and after the earliest period allowed Economic Development is autho- and after the earliest period allowed by law. rized to enter into a grant agree- by law. Passed August 16, 2017. ment in an amount up to $808,000 Passed August 16, 2017. Effective August 21, 2017. with Simon’s to provide economic Effective August 21, 2017.

Ord. No. 949-17. By Council Member Kelley (by departmental request). An emergency ordinance approving the collective bargaining agreement with the Teamsters Local 507; and to amend Section 9 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, relating to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That under division (B) of Section 4117.10 of the Revised Code, this Council approves the collective bargaining agreement with the Teamsters Local 507, under the terms contained in File No. 949-17-A, for the peri- od from April 1, 2016 through March 31, 2019, 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, 2016 2% April 1, 2017 2% April 1, 2018

Section 2. That Section 9 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491- 15, passed May 4, 2015, is amended to read as follows:

Section 9. Teamsters Local 507. That salaries in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1 Correctional Officer...... $17.64 $19.76 2 Guard ...... 17.64 18.64

Section 3. That existing Section 9 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, is repealed. Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed August 16, 2017. Effective August 21, 2017.

Ord. No. 961-17. Section 1. That the Director of the Section 3. That the Director of Law By Council Member Pruitt. Department of Community Develop- shall prepare and approve said An emergency ordinance authoriz- ment is hereby authorized to enter contract and that the contract shall ing the Director of the Department into agreement effective September contain such terms and provisions as of Community Development to enter 1, 2017 with Ohio University for the he deems necessary to protect the into an agreement with Ohio Uni- Aspiring Doctors PreCollege Pro- City’s interest. versity for the Aspiring Doctors Pre- gram for the public purpose of pro- Section 4. That this ordinance is College Program through the use of viding educational programming hereby declared to be an emergency Ward 1 Casino Revenue Funds. and mentoring for city of Cleveland Whereas, this ordinance consti- youth who are interested in a med- measure and, provided it receives the tutes an emergency measure provid- ical career through the use of Ward affirmative vote of two-thirds of all ing for the usual daily operation of 1 Casino Revenue Funds. the members elected to Council, it a municipal department; now, there- Section 2. That the cost of said shall take effect and be in force fore, contract shall be in an amount not to immediately upon its passage and Be it ordained by the Council of exceed $12,435 and shall be paid from approval by the Mayor; otherwise it the City of Cleveland: Fund No. 10 SF 188. shall take effect and be in force from 1507 78 The City Record August 23, 2017 and after the earliest period allowed Section 1. That the Title and Sec- shall take effect and be in force by law. tions 1 and 2 of Ordinance No. 457- immediately upon its passage and Passed August 16, 2017. 17 passed April 24, 2017 are hereby approval by the Mayor; otherwise it Effective August 21, 2017. amended to read as follows: shall take effect and be in force from An emergency ordinance authoriz- and after the earliest period allowed ing the Director of the Department by law. of Community Development to enter Passed August 16, 2017. Ord. No. 962-17. into agreement with Cleveland Pub- Effective August 21, 2017. By Council Members Reed, lic Theatre for the Station Hope Sto- McCormack, K. Johnson, Griffin, Dow, rytelling Project through the use of Conwell, J. Johnson, Cummins, Zone, Wards 3 and 14 Casino Revenue Kazy, and Keane. Funds. Ord. No. 965-17. An emergency ordinance authoriz- Section 1. That the Director of the By Council Members Cleveland and ing the Director of the Department Department of Economic Develop - Conwell. of Community Development to enter ment is hereby authorized to enter An emergency ordinance authoriz- into agreement with the Greater into agreement effective May 1, 2016 ing the Director of the Department Cleveland Urban Film Foundation with Cleveland Public Theatre for of Community Development to enter for the Greater Cleveland Urban the Station Hope Storytelling Pro- into agreement with Brick City Pro- Film Festival Workshop Series ject for the public purpose of pro- ductions or with its fiscal agent through the use of Wards 2, 3, 4, 6, moting arts education and the his- Famicos Foundation, for the Papa 7, 9, 10, 14, 15, 16 and 17 Casino Rev- tory of the underground railroad to Resource and Education Expo enue Funds. youth residing in the city of Cleve- through the use of Wards 5 and 9 Whereas, this ordinance consti- land through the use of Wards 3 and Casino Revenue Funds. tutes an emergency measure provid- 14 Casino Revenue Funds. Whereas, this ordinance consti- ing for the usual daily operation of Section 2. That the cost of said tutes an emergency measure provid- a municipal department; now, there- contract shall be in an amount not ing for the usual daily operation of fore, to exceed $10,000 and shall be paid a municipal department; now, there- Be it ordained by the Council of from Fund No. 10 SF 188. fore, the City of Cleveland: Section 2. That the Title and Be it ordained by the Council of Section 1. That the Director of the Sections 1 and 2 of Ordinance No. 457-17 the City of Cleveland: Department of Community Develop- passed April 24, 2017 are hereby Section 1. That the Director of the repealed. Department of Community Develop- ment is hereby authorized to enter Section 3. That this ordinance is ment is hereby authorized to enter into agreement effective September hereby declared to be an emergency into agreement effective July 1, 2017 1, 2016 with the Greater Cleveland measure and, provided it receives the with Brick City Productions or with Urban Film Foundation for the affirmative vote of two-thirds of all its fiscal agent Famicos Foundation Greater Cleveland Urban Film Fes- the members elected to Council, it for the Papa Resource and Educa- tival Workshop Series for the pub- shall take effect and be in force tion Expo for the public purpose of lic purpose of providing educational immediately upon its passage and providing educational programming sessions on film documentaries on approval by the Mayor; otherwise it and social support resources to current topics to city of Cleveland shall take effect and be in force from grandparent households that have residents through the use of Wards and after the earliest period allowed the responsibility of raising grand- 2, 3, 4, 6, 7, 9, 10, 14, 15, 16 and 17 by law. children in the city of Cleveland Casino Revenue Funds. Passed August 16, 2017. through the use of Wards 5 and 9 Section 2. That the cost of said Effective August 21, 2017. Casino Revenue Funds. contract shall be in an amount not to Section 2. That the cost of said exceed $9,500 and shall be paid from contract shall be in an amount not to Fund No. 10 SF 188. exceed $12,000 and shall be paid from Section 3. That the Director of Law Ord. No. 964-17. Fund No. 10 SF 188. shall prepare and approve said By Council Member McCormack. Section 3. That the Director of Law contract and that the contract shall An emergency ordinance authoriz- shall prepare and approve said contain such terms and provisions as ing the Director of the Department contract and that the contract shall he deems necessary to protect the of Community Development to enter contain such terms and provisions as City’s interest. into agreement with The Refugee he deems necessary to protect the Section 4. That this ordinance is Response for the Refugee Response City’s interest. hereby declared to be an emergency Program through the use of Ward 3 Section 4. That this ordinance is measure and, provided it receives the Casino Revenue Funds. hereby declared to be an emergency affirmative vote of two-thirds of all Whereas, this ordinance consti- measure and, provided it receives the the members elected to Council, it tutes an emergency measure provid- affirmative vote of two-thirds of all shall take effect and be in force ing for the usual daily operation of the members elected to Council, it immediately upon its passage and a municipal department; now, there- shall take effect and be in force approval by the Mayor; otherwise it fore, immediately upon its passage and shall take effect and be in force from Be it ordained by the Council of approval by the Mayor; otherwise it and after the earliest period allowed the City of Cleveland: shall take effect and be in force from by law. Section 1. That the Director of the and after the earliest period allowed Passed August 16, 2017. Department of Community Develop- by law. Effective August 21, 2017. ment is hereby authorized to enter Passed August 16, 2017. into an agreement with The Effective August 21, 2017. Refugee Response for the Refugee Response Program for the public Ord. No. 963-17. purpose of providing workforce By Council Members McCormack training and tutoring services to Ord. No. 966-17. and Cummins. adult refugee community residents By Council Member Cleveland. An emergency ordinance amend- residing in the city of Cleveland An emergency ordinance authoriz- ing the Title and Sections 1 and 2 through the use of Ward 3 Casino ing the Director of the Department of Ordinance No. 457-17 passed April Revenue Funds. of Community Development to enter 24, 2017 as it pertains to authorizing Section 2. That the cost of said into agreement with The Sisters of the Director of the Department of contract shall be in an amount not to Charity of St. Augustine Health Sys- Community Development to enter exceed $15,000 and shall be paid from tem, Inc. for the Building Healthy into agreement with Cleveland Pub- Fund No. 10 SF 188. Communities Program through the lic Theatre for the Station Hope Sto- Section 3. That the Director of Law use of Ward 5 Casino Revenue rytelling Project through the use of shall prepare and approve said Funds. Wards 3 and 14 Casino Revenue contract and that the contract shall Whereas, this ordinance consti- Funds. contain such terms and provisions as tutes an emergency measure provid- Whereas, this ordinance consti- he deems necessary to protect the ing for the usual daily operation of tutes an emergency measure provid- City’s interest. a municipal department; now, there- ing for the usual daily operation of Section 4. That this ordinance is fore, a municipal department; now, there- hereby declared to be an emergency Be it ordained by the Council of fore, measure and, provided it receives the the City of Cleveland: Be it ordained by the Council of affirmative vote of two-thirds of all Section 1. That the Director of the the City of Cleveland: the members elected to Council, it Department of Community 1508 August 23, 2017 The City Record 79

Development is hereby authorized to Ord. No. 968-17. he deems necessary to protect the enter into agreement effective July 1, By Council Member Griffin. City’s interest. 2017 with The Sisters of Charity of St. An emergency ordinance authoriz- Section 4. That this ordinance is Augustine Health System. Inc. for the ing the Director of Capital Projects hereby declared to be an emergency Building Healthy Communities the Office of Capital Projects to measure and, provided it receives the Program for the public purpose of enter into an agreement with Fair- affirmative vote of two-thirds of all providing health and wellness fax Renaissance Development Cor- the members elected to Council, it programming for city of Cleveland poration for the Frank and Hudson shall take effect and be in force residents through the use of Ward 5 Avenues Extension project through immediately upon its passage and Casino Revenue Funds. the use of Ward 6 Restricted Income approval by the Mayor; otherwise it Section 2. That the cost of said Tax Funds. shall take effect and be in force from contract shall be in an amount not to Whereas, this ordinance consti- and after the earliest period allowed exceed $10,000 and shall be paid from tutes an emergency measure provid- by law. Fund No. 10 SF 188. ing for the usual daily operation of Passed August 16, 2017. Section 3. That the Director of Law a municipal department; now, there- Effective August 21, 2017. shall prepare and approve said fore, contract and that the contract shall Be it ordained by the Council of contain such terms and provisions as the City of Cleveland: he deems necessary to protect the Section 1. That the Director of the Ord. No. 970-17. City’s interest. Office of Capital Projects be autho- By Council Member Kazy. Section 4. That this ordinance is rized to enter into an agreement An emergency ordinance authoriz- hereby declared to be an emergency with Fairfax Renaissance Develop- ing the issuance of a Mobile Permit measure and, provided it receives the ment Corporation for the for the to Timothy Ruble of Bulldog Ice affirmative vote of two-thirds of all public purpose of engineering and Cream to engage in mobile vend- the members elected to Council, it designing street improvements of ing/frozen dessert in Ward 16. shall take effect and be in force the city of Cleveland through the Whereas, pursuant to Section immediately upon its passage and use of Ward 6 Restricted Income 675.07 of the Codified Ordinances of approval by the Mayor; otherwise it Tax Funds. Cleveland, Ohio, 1976, (the “Codified shall take effect and be in force from Section 2. That the cost of said Ordinances”) the consent of Council and after the earliest period allowed contract shall be in an amount not to expressed by ordinance is a prereq- by law. exceed $75,000 and shall be paid from uisite to peddling upon public rights Passed August 16, 2017. Fund No. 11-006 or any other identified of way outside of the Central Busi- Effective August 21, 2017. or designated funding sources. ness District; and Section 3. That the Director of Law Whereas, This Council has con- shall prepare and approve said sidered the request of Bulldog Ice contract and that the contract shall Cream to engage in mobile vend- Ord. No. 967-17. contain such terms and provisions as ing/frozen dessert outside of the By Council Member Griffin. he deems necessary to protect the Central Business district, and has An emergency ordinance authoriz- City’s interest. determined that it is in the public ing the Director of the Department Section 4. That this ordinance is interest to allow Timothy Ruble of of Community Development to enter hereby declared to be an emergency Bulldog Ice Cream to engage in into agreement with Shaker Square measure and, provided it receives the mobile vending/frozen dessert in Development Corporation for the affirmative vote of two-thirds of all Ward 16; and SHAD Connection Newsletter Pro- the members elected to Council, it Whereas, this ordinance consti- ject through the use of Ward 6 Casi- shall take effect and be in force tutes an emergency measure provid- no Revenue Funds. immediately upon its passage and ing for the usual daily operation of Whereas, this ordinance consti- approval by the Mayor; otherwise it a municipal department; now, there- tutes an emergency measure provid- shall take effect and be in force from fore, ing for the usual daily operation of and after the earliest period allowed Be it ordained by the Council of a municipal department; now, there- by law. the City of Cleveland: fore, Passed August 16, 2017. Section 1. That this Council con- Be it ordained by the Council of Effective August 21, 2017. sents, as required by, Section 675.08 the City of Cleveland: of the Codified Ordinances to allow Section 1. That the Director of the Timothy Ruble of Bulldog Ice Department of Community Develop- Cream to engage in mobile vend- ment is hereby authorized to enter Ord. No. 969-17. ing/frozen dessert in the public into agreement effective June 1, By Council Member Brady. rights of way in Ward 16. 2017 with Shaker Square Develop- An emergency ordinance authoriz- Section 2. That all of the ment Corporation for the SHAD Con- ing the Director of the Department requirements of Chapter 675 of the nection Newsletter for the public of Community Development to enter Codified Ordinances shall apply to the purpose of providing a community into agreement with Westown Com- persons named in Section 1 of this newspaper promoting community, munity Development Corporation for ordinance. residential and economic opportuni- the Westown CDC Code Enforce- Section 3. That the privilege granted ties to Cleveland residents residing ment Program through the use of may be revoked at any time by this in the Shaker Square, Larchmere Ward 11 Casino Revenue Funds. Council. and Buckeye neighborhoods through Whereas, this ordinance consti- Section 4. That this ordinance is the use of Ward 6 Casino Revenue tutes an emergency measure provid- declared to be an emergency measure Funds. ing for the usual daily operation of and, provided it receives the Section 2. That the cost of said a municipal department; now, there- affirmative vote of two-thirds of all contract shall be in an amount not to fore, the members elected to Council, it exceed $20,000 and shall be paid from Be it ordained by the Council of shall take effect and be in force Fund No. 10 SF 188. the City of Cleveland: immediately upon its passage and Section 3. That the Director of Law Section 1. That the Director of the approval by the Mayor; otherwise, it shall prepare and approve said Department of Community Develop- shall take effect and be in force from contract and that the contract shall ment is hereby authorized to enter and after the earliest period allowed contain such terms and provisions as into agreement effective July 1, 2017 by law. he deems necessary to protect the with Westown Community Develop- Passed August 16, 2017. City’s interest. ment Corporation for the Westown Effective August 21, 2017. Section 4. That this ordinance is CDC Code Enforcement Program for hereby declared to be an emergency the public purpose of eliminating measure and, provided it receives the slum and blight in City of Cleveland affirmative vote of two-thirds of all neighborhoods through the use of Ord. No. 971-17. the members elected to Council, it Ward 11 Casino Revenue Funds. By Council Member Kazy. shall take effect and be in force Section 2. That the cost of said An emergency ordinance authoriz- immediately upon its passage and contract shall be in an amount not to ing the Director of the Department approval by the Mayor; otherwise it exceed $61,020 and shall be paid from of Community Development to enter shall take effect and be in force from Fund No. 10 SF 188. into agreement with the Bellaire and after the earliest period allowed Section 3. That the Director of Law Puritas Development Corporation by law. shall prepare and approve said for the Housing Code Enforcement Passed August 16, 2017. contract and that the contract shall Program through the use of Ward Effective August 21, 2017. contain such terms and provisions as 16 Casino Revenue Funds. 1509 80 The City Record August 23, 2017

Whereas, this ordinance consti- Section 1. That, this Council rati- the members elected to Council, it tutes an emergency measure provid- fies and approves the purchase of shall take effect and be in force ing for the usual daily operation of new steam boilers authorized pur- immediately upon its passage and a municipal department; now, there- suant to Section 181.12 of the Codi- approval by the Mayor; otherwise it fore, fied Ordinances of Cleveland, Ohio, shall take effect and be in force from Be it ordained by the Council of 1976, and ratifies the payment for and after the earliest period allowed the City of Cleveland: the purchase from Boiler Specialists, by law. Section 1. That the Director of the Inc. at a cost of $65,839.00 Passed August 16, 2017. Department of Community Develop- Section 2. That the Director of Effective August 21, 2017. ment is hereby authorized to enter Capital Projects or Public Works, as into agreement effective July 1, 2017 appropriate, is authorized to make with Bellaire Puritas Development written contracts for the demolition, Corporation for the Housing Code removal, and installation of the new Ord. No. 999-17. Enforcement Program for the public steam boilers for the immediate By Council Member McCormack. purpose of eliminating slum and purchase of labor, equipment, and An emergency ordinance authoriz- blight from city of Cleveland neigh- materials necessary for the demolition ing the Director of the Department borhoods through the use of Ward and removal of the existing boilers of Community Development to enter 16 Casino Revenue Funds. and for labor, equipment, and into agreement with LAND Studio Section 2. That the cost of said materials necessary to install the new Inc., for the 2017 Park Programming contract shall be in an amount not to boilers, to be purchased by the Series through the use of Ward 3 exceed $22,500 and shall be paid from Commissioner of Purchases and Casino Revenue Funds. Fund No. 10 SF 188. Supplies for a gross price, for the Whereas, this ordinance consti- Section 3. That the Director of Law Office of Capital Projects or Public tutes an emergency measure provid- shall prepare and approve said Works, as appropriate. All contracts ing for the usual daily operation of contract and that the contract shall under this section shall first be a municipal department; now, there- contain such terms and provisions as authorized by the Board of Control. fore, he deems necessary to protect the Section 3. That the cost of the Be it ordained by the Council of City’s interest. contract authorized shall be paid from the City of Cleveland: Section 4. That this ordinance is Fund Nos. 20 SF 516, 20 SF 523, 20 SF Section 1. That the Director of the hereby declared to be an emergency 535, 20 SF 538, 20 SF 544, 20 SF 552, 20 Department of Community Develop- measure and, provided it receives the SF 558, 20 SF 561, 20 SF 565, 20 SF 566, ment is hereby authorized to enter affirmative vote of two-thirds of all 20 SF 572, 20 SF 573, 20 SF 578, and any into agreement effective May 1, 2017 the members elected to Council, it and all funds approved by the Director with LAND Studio Inc., for the 2017 shall take effect and be in force of Finance. (RQS 0103, RL 2017-37) Park Programming Series for the immediately upon its passage and Section 4. That this ordinance is public purpose of providing summer approval by the Mayor; otherwise it declared to be an emergency measure educational arts programming to shall take effect and be in force from and, provided it receives the residents residing in the city of and after the earliest period allowed affirmative vote of two-thirds of all Cleveland through the use of Ward by law. the members elected to Council, it 3 Casino Revenue Funds shall take effect and be in force Passed August 16, 2017. Section 2. That the cost of said Effective August 21, 2017. immediately upon its passage and contract shall be in an amount not to approval by the Mayor; otherwise it exceed $5,000 and shall be paid from shall take effect and be in force from Fund No. 10 SF 188. and after the earliest period allowed Section 3. That the Director of Law Ord. No. 992-17. by law. shall prepare and approve said By Council Members McCormack, K. Passed August 16, 2017. contract and that the contract shall Johnson and Kelley (by departmental Effective August 21, 2017. contain such terms and provisions as request). he deems necessary to protect the An emergency ordinance ratifying City’s interest. and approving the emergency pur- Section 4. That this ordinance is chase of steam boilers for the West Ord. No. 996-17. hereby declared to be an emergency Side Market; and authorizing the By Council Member Zone. measure and, provided it receives the purchase of the labor and materials An emergency ordinance authoriz- affirmative vote of two-thirds of all necessary to install the new boilers ing the Director of the Department and the demolition and removal of of Community Development to enter the members elected to Council, it existing ones, for the Office of Cap- into agreement with LAND Studio, shall take effect and be in force ital Projects or Department of Pub- Inc., for the Gordon Square Murals immediately upon its passage and lic Works, as appropriate. Project through the use of Ward 15 approval by the Mayor; otherwise it Whereas, the steam boilers at the Casino Revenue Fund. shall take effect and be in force from West Side Market have stopped Whereas, this ordinance consti- and after the earliest period allowed functioning completely; and tutes an emergency measure provid- by law. Whereas, it is necessary to begin ing for the usual daily operation of Passed August 16, 2017. the emergency installation of new a municipal department; now, there- Effective August 21, 2017. steam boilers and the demolition fore, and removal of the existing boilers Be it ordained by the Council of in order to have them operational the City of Cleveland: before October 31st in preparation of Section 1. That the Director of the Ord. No. 1000-17. the winter season; and Department of Community Develop- By Council Member Brancatelli. Whereas, the Director of Capital ment is hereby authorize to enter An emergency ordinance authoriz- Projects has canvassed vendors for into agreement effective August 1, ing the Director of the Department the purchase of the new steam boil- 2017 with LAND Studio, Inc., for the of Public Works to enter into an ers and also for the demolition, Gordon Square Murals Project for agreement with the Polish American removal, and installation of the boil- the public purpose of providing pub- Cultural Center for the Pope John ers; and lic art enhancements along the Gor- Paul II Statue Project for the Pol- Whereas, this Council determines don Square Arts District in the city ish American Cultural Garden that preservation of the public of Cleveland through the use of through the use of Ward 12 Casino peace, health, and safety dictates Ward 15 Casino Revenue Funds. Revenue Funds. that formal competitive bidding be Section 2. That the cost of said Whereas, this ordinance consti- dispensed with, so that the new contract shall be in an amount not to tutes an emergency measure provid- steam boilers can be ordered and exceed $20,000 and shall be paid from ing for the usual daily operation of installed and that the existing, non- Fund No. 10 SF 188. a municipal department; now, there- functioning ones be demolished and Section 3. That the Director of Law fore, removed in preparation of the win- shall prepare and approve said Be it ordained by the Council of ter season; and contract and that the contract shall the City of Cleveland: Whereas, this ordinance consti- contain such terms and provisions as Section 1. That the Director of the tutes an emergency measure provid- he deems necessary to protect the Department of Public Works is here- ing for the usual daily operation of City’s interest. by authorized to enter into an agree- a municipal department; now, there- Section 4. That this ordinance is ment effective August 1, 2017 with fore, hereby declared to be an emergency the Polish American Cultural Center Be it ordained by the Council of measure and, provided it receives the for the Pope John Paul II Statue the City of Cleveland: affirmative vote of two-thirds of all Project for the Polish American Cul- 1510 August 23, 2017 The City Record 81 tural Garden for the public purpose immediately upon its passage and Nzekwe of Mr. Happy Days Ice of beautifying and promoting the approval by the Mayor; otherwise it Cream to engage in mobile vending garden to city of Cleveland resi- shall take effect and be in force from outside of the Central Business dis- dents through the use of Ward 12 and after the earliest period allowed trict, and has determined that it is Casino Revenue Funds by law. in the public interest to allow Section 2. That the cost of said Passed August 16, 2017. Malachy Nzekwe of Mr. Happy Days contract shall be in an amount not to Effective August 21, 2017. Ice Cream to engage in mobile vend- exceed $19,000 and shall be paid from ing in Ward 2; and Fund No. 10 SF 188. Whereas, this ordinance consti- Section 3. That the Director of Law tutes an emergency measure provid- shall prepare and approve said Ord. No. 1003-17. ing for the usual daily operation of contract and that the contract shall By Council Member Reed. a municipal department; now, there- contain such terms and provisions as An emergency ordinance authoriz- fore, he deems necessary to protect the ing the issuance of a Mobile Permit Be it ordained by the Council of City’s interest. to Lennis Gibson of Big Dogs T’s the City of Cleveland: Section 4. That this ordinance is and Treats to engage in mobile Section 1. That this Council con- hereby declared to be an emergency vending in Ward 2. sents, as required by, Section 675.08 measure and, provided it receives the Whereas, pursuant to Section of the Codified Ordinances to allow affirmative vote of two-thirds of all 675.07 of the Codified Ordinances of to Malachy Nzekwe of Mr. Happy the members elected to Council, it Cleveland, Ohio, 1976, (the “Codified Days Ice Cream to engage in mobile shall take effect and be in force Ordinances”) the consent of Council vending in the public rights of way immediately upon its passage and expressed by ordinance is a prereq- in Ward 2. approval by the Mayor; otherwise it uisite to peddling upon public rights Section 2. That all of the shall take effect and be in force from of way outside of the Central Busi- requirements of Chapter 675 of the and after the earliest period allowed ness District; and Codified Ordinances shall apply to the by law. Whereas, This Council has con- persons named in Section 1 of this Passed August 16, 2017. sidered the request of Lennis Gibson ordinance. Effective August 21, 2017. of Big Dogs T’s and Treats to Section 3. That the privilege granted engage in mobile vending outside of may be revoked at any time by this the Central Business district, and Council. has determined that it is in the pub- Section 4. That this ordinance is Ord. No. 1001-17. lic interest to allow Lennis Gibson declared to be an emergency measure By Council Members Keane and of Big Dogs T’s and Treats to and, provided it receives the Kelley (by departmental request). engage in mobile vending in Ward affirmative vote of two-thirds of all An emergency ordinance authoriz- 2; and the members elected to Council, it ing the Director of Port Control to Whereas, this ordinance consti- shall take effect and be in force enter into an amendment to the tutes an emergency measure provid- immediately upon its passage and existing Lease Agreement with I-X ing for the usual daily operation of approval by the Mayor; otherwise, it Center Corporation to extend the a municipal department; now, there- shall take effect and be in force from term of the lease for one year until fore, and after the earliest period allowed August 31, 2020, remove all remain- Be it ordained by the Council of by law. ing option terms, reduce the base the City of Cleveland: Passed August 16, 2017. rent for one year, and return approx- Section 1. That this Council con- Effective August 21, 2017. imately 31 acres of the leased sents, as required by, Section 675.08 premises to the City of Cleveland. of the Codified Ordinances to allow Whereas, this ordinance consti- to Lennis Gibson of Big Dogs T’s tutes an emergency measure provid- and Treats to engage in mobile Ord. No. 1005-17. ing for the usual daily operation of vending in the public rights of way By Council Member Dow. a municipal department; now, there- in Ward 2. An emergency ordinance authoriz- fore, Section 2. That all of the ing the issuance of a Temporary Be it ordained by the Council of requirements of Chapter 675 of the Mobile Permit to Walter T Snow the City of Cleveland: Codified Ordinances shall apply to the (Anthem Health Insurance) to Section 1. That the Director of persons named in Section 1 of this engage in mobile vending in Ward Port Control is authorized to enter ordinance. 7. into an amendment to the existing Section 3. That the privilege granted Whereas, pursuant to Section Lease Agreement with I-X Center may be revoked at any time by this 675.07 of the Codified Ordinances of Corporation (the “Lease”), as autho- Council. rized by Ordinance No. 68-94, passed Section 4. That this ordinance is Cleveland, Ohio, 1976, (the “Codified January 18, 1994 as amended by declared to be an emergency measure Ordinances”) the consent of Council Ordinance No. 77-99, passed January and, provided it receives the expressed by ordinance is a prereq- 14, 1999, Ordinance No. 1327-08, affirmative vote of two-thirds of all uisite to peddling upon public rights passed November 10, 2008, and Ordi- the members elected to Council, it of way outside of the Central Busi- nance No. 168-17, passed March 6, shall take effect and be in force ness District; and 2017 to extend the term of the Lease, immediately upon its passage and Whereas, This Council has con- as amended, for one year until approval by the Mayor; otherwise, it sidered the request of Walter T August 31, 2020 and to remove all shall take effect and be in force from Snow (Anthem Health Insurance) to option terms currently available to and after the earliest period allowed engage in mobile vending outside of the I-X Center Corporation under the by law. the Central Business district, and Lease. The I-X Center Corporation’s Passed August 16, 2017. has determined that it is in the pub- base rent to the City of Cleveland Effective August 21, 2017. lic interest to allow Walter T Snow under the Lease shall be reduced by (Anthem Health Insurance) to tem- an amount to be determined after a porarily engage in mobile vending new survey has been conducted by in Ward 7; and the Department of Port Control for Ord. No. 1004-17. Whereas, this ordinance consti- the twelve (12)-month period begin- By Council Member Reed. tutes an emergency measure provid- ning September 1, 2019 and ending An emergency ordinance authoriz- ing for the usual daily operation of August 31, 2020. In return, the lease ing the issuance of a Mobile Permit a municipal department; now, there- premises will be reduced by approx- to Malachy Nzekwe of Mr. Happy fore, imately 31 acres, which will be iden- Days Ice Cream to engage in mobile Be it ordained by the Council of tified by a new survey to be con- vending in Ward 2. the City of Cleveland: ducted by the Department of Port Whereas, pursuant to Section Section 1. That this Council con- Control. 675.07 of the Codified Ordinances of sents, as required by, Section 675.08 Section 2. That the Amendment shall Cleveland, Ohio, 1976, (the “Codified of the Codified Ordinances to allow be prepared by the Director of Law. Ordinances”) the consent of Council to Walter T Snow (Anthem Health Section 3. That this ordinance is expressed by ordinance is a prereq- Insurance) to temporarily engage in declared to be an emergency measure uisite to peddling upon public rights mobile vending in the public rights and, provided it receives the of way outside of the Central Busi- of way in Ward 7. affirmative vote of two-thirds of all ness District; and Section 2. That all of the the members elected to Council, it Whereas, This Council has con- requirements of Chapter 675 of the shall take effect and be in force sidered the request of Malachy Codified Ordinances shall apply to the 1511 82 The City Record August 23, 2017 persons named in Section 1 of this COUNCIL COMMITTEE Vice Chair; Cummins, Dow, McCor- ordinance. MEETINGS mack, Pruitt, Zone. Section 3. That the privilege granted may be revoked at any time by this Development, Planning and Sus- Council. Monday, August 14, 2017 tainability Committee: Present: Section 4. That this ordinance is 10:00 a.m. Brancatelli, Chair; Cleveland, Vice declared to be an emergency measure Chair; Cummins, Dow, McCormack, and, provided it receives the Safety Committee: TOUR: Present: Pruitt, Zone. affirmative vote of two-thirds of all Zone, Chair; Conwell, Vice Chair; Wednesday, August 16, 2017 the members elected to Council, it Griffin, Kazy, Keane, McCormack, 9:00 a.m. shall take effect and be in force Polensek. immediately upon its passage and Committee of the Whole: Present: approval by the Mayor; otherwise, it Tuesday, August 15, 2017 Kelley, Chair; Brady, Brancatelli, shall take effect and be in force from 9:30 a.m. Cleveland, Conwell, Cummins, Dow, and after the earliest period allowed Griffin, K. Johnson, Kazy, Keane, by law. Development, Planning and Sus- McCormack, Polensek, Pruitt, Reed, Passed August 16, 2017. tainability (Zoning) Committee: Pre- Zone. Unauthorized Absence: J. Effective August 21, 2017. sent: Brancatelli, Chair; Cleveland, Johnson.

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

Appropriating Community Development Block Grant funds and Emergency Solutions Grant funds for expenses of the Senior Homeowners Assistance Program (SHAP), CHORE, and Homeless Services Programs. (O 831-17) ...... 1471-1500

Agreements

Amending the Title and Sections 1 and 2 of Ordinance No. 457-17 passed April 24, 2017 as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with Cleveland Public Theatre for the Station Hope Storytelling Project through the use of Wards 3 and 14 Casino Revenue Funds. (O 963-17) ...... 1458-1508 Authorizing an agreement with Famicos Foundation to acquire certain property located near East 105th Street and Ashbury Avenue for future development. (O 557-17) ...... 1469-1492 Authorizing the Director of Capital Projects the Office of Capital Projects to enter into an agreement with Fairfax Renaissance Development Corporation for the Frank and Hudson Avenues Extension project through the use of Ward 6 Restricted Income Tax Funds. (O 968-17) ...... 1460-1509 Authorizing the Director of Economic Development to enter into an agreement with the Cleveland Citywide Development Corp., or its designee, to provide forgivable loans for improvements to retail facilities in one or more mixed use developments. (O 560-17) ...... 1469-1493 Authorizing the Director of Economic Development to enter into one or more agreements with eligible small businesses or merchants, under the Neighborhood Retail Improvement Program and First Floor Retail Program, to provide loans or forgivable loans for costs associated with improvements to retail spaces, including acquisition, construction, and purchase of furniture, fixtures, and equipment. (O 561-17) ...... 1469-1493 Authorizing the Director of Finance, on behalf of the Cleveland Municipal Court, Housing Division, to enter into an agreement with the Alcohol, Drug Addiction and Mental Health Services Board of Cuyahoga County to accept funding for the purpose of improving housing retention for tenants in eviction court. (O 957-17) ...... 1444 Authorizing the Director of Port Control to enter into a property adoption agreement with the Cleveland National Air Show Foundation for the display of two statue type F 4 fighter planes on property located near the entrance of Cleveland Burke Lakefront Airport, including maintenance of the property, for a period of five years, with five one year options to renew, exercisable by the Director of Port Control. (O 943-17) ...... 1439 Authorizing the Director of Public Safety to enter into an agreement with Slavic Village Development Corporation to allow and accept landscaping improvements at Fire Station No. 13 located at 4952 Broadway Avenue, as a gift to the City; and authorizing the director to enter into a property adoption agreement with Slavic Village Development Corporation to maintain the improvements it installs at the location. (O 850-17) ...... 1472-1505 Authorizing the Director of the Department of Community Development to enter into an agreement with Ohio University for the Aspiring Doctors Pre-College Program through the use of Ward 1 Casino Revenue Funds. (O 961-17) ...... 1458-1507 Authorizing the Director of the Department of Public Works to enter into an agreement with the Polish American Cultural Center for the Pope John Paul II Statue Project for the Polish American Cultural Garden through the use of Ward 12 Casino Revenue Funds. (O 1000-17) ...... 1461-1510 Authorizing the Directors of Community Development and/or Economic Development to enter into an agreement with Cleveland Citywide Development Corporation, or its designees, to implement several programs in order to improve housing opportunities in the neighborhoods of the City of Cleveland. (O 563-17) ...... 1469-1494 1512 August 23, 2017 The City Record 83

Authorizing the Directors of Economic Development and/or Community Development to enter into one or more agreements with the Greater Cleveland Habitat for Humanity, Inc. for the purposes of constructing or rehabilitating housing in targeted areas. (O 559-17) ...... 1469-1492

Appreciation

Appreciation Resolution for Lindsay Smetana (R 1036-17) ...... 1434 Appreciation Resolution for Reverend Ronald A. Lee (R 1037-17) ...... 1434 Appreciation Resolution for Shawn Briggs (R 1035-17) ...... 1434

Bellaire Puritas Development Corporation

Authorizing the Director of the Department of Community Development to enter into agreement with the Bellaire Puritas Development Corporation for the Housing Code Enforcement Program through the use of Ward 16 Casino Revenue Funds. (O 971-17) ...... 1460-1509

Board of Control — Capital Projects Office

First Energy Stadium Chiller Replacement — per Ord. 805-16 to Relmec Mechanical LLC. (BOC Res. 410-17) ...... 1474

Board of Control — Community Development Department

Baber Avenue, 3032/3034/3036 (Ward 3) — PPNs 007-23-031/032/033 — lease — Ryan F. Kennedy (BOC Res. 417-17) ...... 1476 Connecticut Avenue, 7622 (Ward 2) — PPN 134-18-077 — Connecticut Properties, LLC (BOC Res. 419-17)...... 1476 Endora Road, 17304 (Ward 10) — PPN 117-15-020 — Anthony L. Hamilton and Geraldine Hamilton (BOC Res. 424-17) ...... 1477 Finney Avenue, 7827 (Ward 12) — PPN 134-04-021 — David R. Caretti (BOC Res. 423-17) ...... 1477 Kimberly Avenue, 10526 (Ward 9) — PPN 108-26-169 — Ira L. Gibson (BOC Res. 422-17) ...... 1477 Lincoln Avenue (Ward 1) — PPNs 142-27-140/141 — Juanita A. Harrison (BOC Res. 418-17) ...... 1476 Parkwood Drive (Ward 9) — PPN 109-19-028 — Tracy L. Mays (BOC Res. 421-17)...... 1477 Thornwood Avenue, 12104 (Ward 9) — PPN 110-25-067 — Terrance Martin and Marie Martin (BOC Res. 426-17) ...... 1478 West 44th Street, 2074 (Ward 3) — PPN 006-20-039 — B.R. Knez Construction (BOC Res. 420-17)...... 1476 West 57th Street (Ward 15) — PPNs 002-31-068/069/071 — lease — EcoVillage Produce, LLC (BOC Res. 416-17) ...... 1475 Woodside Avenue, 12616 (Ward 10) — PPN 110-14-122 — Darlene Pierce and Jackie Pierce (BOC Res. 425-17) ...... 1478

Board of Control — Easements

Ambler Park — PPN 121-28-001 — convey to Northeast Ohio Regional Sewer District per Ord. 652-17 — Division of Purchases and Supplies, Depts. of Law, Public Works (BOC Res. 413-17)...... 1475 Land underneath Hope Memorial Bridge — PPNs 004-27-015/018 & 004-28-009/014 — convey to Ohio Department of Transportation per Ord. 653-17 — Division of Purchases and Supplies, Depts. of Law, Public Works (BOC Res. 412-17) ...... 1475

Board of Control — Finance Department

Industrial paper products and supplies — per Ord. 1117-16 to GM Industrial, Inc. dba Chemsafe International (BOC Res. 407-17) ...... 1474 Industrial paper products and supplies — per Ord. 1117-16 to Independence Office & Business Supply Co., Inc. (BOC Res. 408-17) ...... 1474 Medical materials, equipment, supplies and services — per Ord. 1392-16 to Bound Tree Medical LLC (BOC Res. 409-17) ...... 1474

Board of Control — Land Reutilization Program

Baber Avenue, 3032/3034/3036 (Ward 3) — PPNs 007-23-031/032/033 — lease — Ryan F. Kennedy (BOC Res. 417-17) ...... 1476 Connecticut Avenue, 7622 (Ward 2) — PPN 134-18-077 — Connecticut Properties, LLC (BOC Res. 419-17)...... 1476 Endora Road, 17304 (Ward 10) — PPN 117-15-020 — Anthony L. Hamilton and Geraldine Hamilton (BOC Res. 424-17) ...... 1477 Finney Avenue, 7827 (Ward 12) — PPN 134-04-021 — David R. Caretti (BOC Res. 423-17) ...... 1477 Hathaway Avenue (Ward 9) — PPN 109-18-035 — amend BOC Res. 393-17 from Rashidah Abdulhagg to Rashidah Abdulhaqq (BOC Res. 415-17)...... 1475 Kimberly Avenue, 10526 (Ward 9) — PPN 108-26-169 — Ira L. Gibson (BOC Res. 422-17) ...... 1477 Lincoln Avenue (Ward 1) — PPNs 142-27-140/141 — Juanita A. Harrison (BOC Res. 418-17) ...... 1476 London Road, 868 (Ward 8) — PPN 115-27-004 — amend BOC Res. 153-17 from Nicolas E. Tate to Nicholas E. Tate (BOC Res. 414-17) ...... 1475 Parkwood Drive (Ward 9) — PPN 109-19-028 — Tracy L. Mays (BOC Res. 421-17)...... 1477 Thornwood Avenue, 12104 (Ward 9) — PPN 110-25-067 — Terrance Martin and Marie Martin (BOC Res. 426-17) ...... 1478 1513 84 The City Record August 23, 2017

West 44th Street, 2074 (Ward 3) — PPN 006-20-039 — B.R. Knez Construction (BOC Res. 420-17)...... 1476 West 57th Street (Ward 15) — PPNs 002-31-068/069/071 — lease — EcoVillage Produce, LLC (BOC Res. 416-17) ...... 1475 Woodside Avenue, 12616 (Ward 10) — PPN 110-14-122 — Darlene Pierce and Jackie Pierce (BOC Res. 425-17) ...... 1478

Board of Control — Land Reutilization Program (Ward 1)

Lincoln Avenue (Ward 1) — PPNs 142-27-140/141 — Juanita A. Harrison (BOC Res. 418-17) ...... 1476

Board of Control — Land Reutilization Program (Ward 2)

Connecticut Avenue, 7622 (Ward 2) — PPN 134-18-077 — Connecticut Properties, LLC (BOC Res. 419-17)...... 1476

Board of Control — Land Reutilization Program (Ward 3)

Baber Avenue, 3032/3034/3036 (Ward 3) — PPNs 007-23-031/032/033 — lease — Ryan F. Kennedy (BOC Res. 417-17) ...... 1476 West 44th Street, 2074 (Ward 3) — PPN 006-20-039 — B.R. Knez Construction (BOC Res. 420-17)...... 1476

Board of Control — Land Reutilization Program (Ward 8)

London Road, 868 (Ward 8) — PPN 115-27-004 — amend BOC Res. 153-17 from Nicolas E. Tate to Nicholas E. Tate (BOC Res. 414-17) ...... 1475

Board of Control — Land Reutilization Program (Ward 9)

Hathaway Avenue (Ward 9) — PPN 109-18-035 — amend BOC Res. 393-17 from Rashidah Abdulhagg to Rashidah Abdulhaqq (BOC Res. 415-17)...... 1475 Kimberly Avenue, 10526 (Ward 9) — PPN 108-26-169 — Ira L. Gibson (BOC Res. 422-17) ...... 1477 Parkwood Drive (Ward 9) — PPN 109-19-028 — Tracy L. Mays (BOC Res. 421-17)...... 1477 Thornwood Avenue, 12104 (Ward 9) — PPN 110-25-067 — Terrance Martin and Marie Martin (BOC Res. 426-17) ...... 1478

Board of Control — Land Reutilization Program (Ward 10)

Endora Road, 17304 (Ward 10) — PPN 117-15-020 — Anthony L. Hamilton and Geraldine Hamilton (BOC Res. 424-17) ...... 1477 Woodside Avenue, 12616 (Ward 10) — PPN 110-14-122 — Darlene Pierce and Jackie Pierce (BOC Res. 425-17) ...... 1478

Board of Control — Land Reutilization Program (Ward 12)

Finney Avenue, 7827 (Ward 12) — PPN 134-04-021 — David R. Caretti (BOC Res. 423-17) ...... 1477

Board of Control — Land Reutilization Program (Ward 15)

West 57th Street (Ward 15) — PPNs 002-31-068/069/071 — lease — EcoVillage Produce, LLC (BOC Res. 416-17) ...... 1475

Board of Control — Land Sales

Police Headquarters Building at Justice Center — sell to Cuyahoga County — per to Ord. 247-17 — Division of Purchases and Supplies, Depts. of Law, Public Safety (BOC Res. 411-17) ...... 1474

Board of Control — Law Department

Ambler Park — PPN 121-28-001 — convey to Northeast Ohio Regional Sewer District per Ord. 652-17 — Division of Purchases and Supplies, Dept. of Public Works (BOC Res. 413-17) ...... 1475 Land underneath Hope Memorial Bridge — PPNs 004-27-015/018 & 004-28-009/014 — convey to Ohio Department of Transportation per Ord. 653-17 — Division of Purchases and Supplies, Dept. of Public Works (BOC Res. 412-17) ...... 1475 Police Headquarters Building at Justice Center — sell to Cuyahoga County — per to Ord. 247-17 — Division of Purchases and Supplies, Dept. of Public Safety (BOC Res. 411-17) ...... 1474

Board of Control — Public Improvement Contracts

First Energy Stadium Chiller Replacement — per Ord. 805-16 to Relmec Mechanical LLC. — Office of Capital Projects (BOC Res. 410-17)...... 1474 1514 August 23, 2017 The City Record 85

Board of Control — Public Safety Department

Police Headquarters Building at Justice Center — sell to Cuyahoga County — per to Ord. 247-17 — Division of Purchases and Supplies, Dept. of Law (BOC Res. 411-17) ...... 1474

Board of Control — Public Works Department

Ambler Park — PPN 121-28-001 — convey to Northeast Ohio Regional Sewer District per Ord. 652-17 — Division of Purchases and Supplies, Dept. of Law (BOC Res. 413-17) ...... 1475 Land underneath Hope Memorial Bridge — PPNs 004-27-015/018 & 004-28-009/014 — convey to Ohio Department of Transportation per Ord. 653-17 — Division of Purchases and Supplies, Dept. of Law (BOC Res. 412-17) ...... 1475

Board of Control — Purchases and Supplies Division

Ambler Park — PPN 121-28-001 — convey to Northeast Ohio Regional Sewer District per Ord. 652-17 — Dept. of Law, Public Works (BOC Res. 413-17)...... 1475 Land underneath Hope Memorial Bridge — PPNs 004-27-015/018 & 004-28-009/014 — convey to Ohio Department of Transportation per Ord. 653-17 — Depts. of Law, Public Works (BOC Res. 412-17) ...... 1475 Police Headquarters Building at Justice Center — sell to Cuyahoga County — per to Ord. 247-17 — Depts. of Law, Public Safety (BOC Res. 411-17) ...... 1474

Board of Control — Requirement Contracts

Industrial paper products and supplies — per Ord. 1117-16 to GM Industrial, Inc. dba Chemsafe International — Dept. of Finance (BOC Res. 407-17) ...... 1474 Industrial paper products and supplies — per Ord. 1117-16 to Independence Office & Business Supply Co., Inc. — Dept. of Finance (BOC Res. 408-17) ...... 1474 Medical materials, equipment, supplies and services — per Ord. 1392-16 to Bound Tree Medical LLC — Dept. of Finance (BOC Res. 409-17) ...... 1474

Board of Zoning Appeals — Report

Detroit Avenue, 5304 (Ward 15) — Jose Casiano, owner — appeal granted and adopted on 8/21/17 (Cal. 17-214) ...... 1480 East 105th Street, 1322 (Ward 9) — Famicos Foundation, owner — appeal withdrawn on 8/21/17 (Cal. 17-218) ...... 1480 East 123rd Street, 1898 (Ward 6) — Ange Builders, owner — appeal granted and adopted on 8/21/17 (Cal. 17-210) ...... 1480 East 159th Street, 678 (Ward 8) — Ari Wolf, owner — appeal granted and adopted on 8/21/17 (Cal. 17-217) ...... 1480 Fidelity Avenue, 10408 (Ward 11) — Charles Carpenter, owner — appeal granted and adopted on 8/21/17 (Cal. 17-215) ...... 1480 Green Road, 2223 (Ward 10) — Henry & Nancy Johnson, owners — appeal granted and adopted on 8/21/17 (Cal. 17-216) ...... 1480 Lorain Avenue, 11934 (Ward 11) — Banater Building LLC, owner, and TMobile — appeal heard on 8/21/17 (Cal. 17-219) ...... 1480 Rutledge Avenue, 7500 (Ward 15) — LP Property Mgt. Group, owner — appeal granted and adopted on 8/21/17 (Cal. 17-212)...... 1480 St. Clair Avenue, 2150 (Ward 7) — Glen Pickens, owner — appeal withdrawn on 9/5/17 (Cal. 17-205) ...... 1480 Superior Avenue, 11008 (Ward 9) — Willie Mae Adams, owner — appeal granted and adopted on 8/21/17 (Cal. 17-211) ...... 1480 Tillman Avenue, 5500 (Ward 15) — Cleveland Bricks, owner — appeal heard on 8/21/17 (Cal. 17-170) ...... 1480 Tillman Avenue, 5502 (Ward 15) — Cleveland Bricks, owner — appeal heard on 8/21/17 (Cal. 17-175) ...... 1480 West 48th Street, 1927 (Ward 3) — Jeffrey & Linda Corino, owners — appeal granted and adopted on 8/21/17 (Cal. 17-213) ...... 1480

Board of Zoning Appeals — Schedule

Ashland Road, 2285 (Ward 5) — Cleveland Block — appeal to be heard on 9/5/17 (Cal. 17-231)...... 1479 East 83rd Street, 2560 (Ward 6) — Jane Sanders, owner — appeal to be heard on 9/5/17 (Cal. 17-235)...... 1479 Edgewater Drive, 10433 (Ward 15) — Lou Carlozzi, owner — appeal to be heard on 9/5/17 (Cal. 17-242) ...... 1479 Professor Street, 2221 (Ward 3) — Two Docs Ltd., owner — appeal to be heard on 9/5/17 (Cal. 17-223) ...... 1478 West 12th Street, 2809 (Ward 3) — West 11th Properties, LLC, owner — appeal to be heard on 9/5/17 (Cal. 17-228) ...... 1479 West 12th Street, 2811 (Ward 3) — West 11th Properties, LLC, owner — appeal to be heard on 9/5/17 (Cal. 17-229) ...... 1479 1515 86 The City Record August 23, 2017

West 12th Street, 2813 (Ward 3) — West 11th Properties, LLC, owner — appeal to be heard on 9/5/17 (Cal. 17-230) ...... 1479 West 140th Street, 3953 (Ward 16) — Micah Hutz, LLC, owner — appeal to be heard on 9/5/17 (Cal. 17-236)...... 1479 West 18th Street, 2138 (Ward 3) — Matt Berges, owner — appeal to be heard on 9/5/17 (Cal. 17-248) ...... 1480 West 45th Street, 1885 (Ward 3) — West 11th Properties, LLC, owner — appeal to be heard on 9/5/17 (Cal. 17-227) ...... 1479

Bonds

To amend Sections 1 and 25 of Ordinance No. 985-14, passed September 8, 2014, relating to the issuance and sale of water revenue obligations to refund outstanding water revenue obligations. (O 956-17) ...... 1443

Building and Housing Department

Appropriating Community Development Block Grant funds for expenses for the Demolition Program and emergency contracts under the Board up Program; authorizing the Director of Building and Housing to enter into one or more contracts with various agencies to implement these programs; and authorizing the purchase by one or more requirement contracts for the items of labor and materials necessary to implement the Board up Program. (O 827-17) ...... 1470-1499 To repeal Sections 240.01 through 240.09 and 240.99 and Section 365.07 of the Codified Ordinances of the City of Cleveland, 1976, as amended by various ordinances; and to supplement the codified ordinances by enacting new Sections 240.01 through 240.13 and 240.99 relating to lead hazards and lead safe certificates. (O 990-17) ...... 1445 To supplement the Codified Ordinances of Cleveland, Ohio, 1976 by enacting new Section 347.19 and to amend Section 343.11 of the Codified Ordinances of Cleveland Ohio, 1976, as amended by Ordinance No. 1396-14, passed December 10, 2014 and Section 345.02, as amended by Ordinance No. 2215-96, passed April 7, 1997, passed April 7, 1997, relating to state licensed medical marijuana cultivators, processers, retail dispensaries, and testing laboratories. (O 1009-17) ...... 1451

Burke Lakefront Airport

Authorizing the Director of Port Control to enter into a property adoption agreement with the Cleveland National Air Show Foundation for the display of two statue type F 4 fighter planes on property located near the entrance of Cleveland Burke Lakefront Airport, including maintenance of the property, for a period of five years, with five one year options to renew, exercisable by the Director of Port Control. (O 943-17) ...... 1439 Authorizing the Director of Port Control to enter into one or more contracts with Engineered Arresting Systems Corp. dba Zodiac Arresting Systems Corp. for professional services necessary to perform inspections and minor repairs to the engineered arresting systems for the runways at Cleveland Hopkins International Airport and Burke Lakefront Airport. (O 994-17) ...... 1451 Authorizing the purchase by one or more requirement contracts of labor and materials needed to repair or replace floors and floor coverings at Cleveland Hopkins International Airport and Burke Lakefront Airport, for a period of two years, with two additional one year options to renew, the first of which shall require additional legislative authority. (O 942-17) ...... 1438

Capital Projects

Authorizing the Director of Capital Projects the Office of Capital Projects to enter into an agreement with Fairfax Renaissance Development Corporation for the Frank and Hudson Avenues Extension project through the use of Ward 6 Restricted Income Tax Funds. (O 968-17) ...... 1460-1509 Authorizing the Director of Capital Projects to issue a permit to Buray, LLC to encroach into the public right of way of West 25th Street by installing, using, and maintaining an entrance canopy and a building projection. (O 934-17) ...... 1435 Authorizing the Director of Capital Projects to issue a permit to Case Western Reserve University to encroach into the public right of way of East 101st Street and East 105th Street by installing, using, and maintaining utility crossings. (O 642-17) ...... 1470-1495 Authorizing the Director of Capital Projects to issue a permit to Destination Cleveland to encroach into the public right of way within the Gordon Square Area by installing, using, and maintaining four way finding signs, and electrical duct banks and a permit to Studios at 78th Street, LLC to encroach into the public right of way within the Gordon Square Area by installing, using, and maintaining one lantern art sculpture. (O 933-17) ...... 1434 Ratifying and approving the emergency purchase of steam boilers for the West Side Market; and authorizing the purchase of the labor and materials necessary to install the new boilers and the demolition and removal of existing ones, for the Office of Capital Projects or Department of Public Works, as appropriate. (O 992-17) ...... 1460-1510 1516 August 23, 2017 The City Record 87

Case Western Reserve University ( CWRU )

Authorizing the Director of Capital Projects to issue a permit to Case Western Reserve University to encroach into the public right of way of East 101st Street and East 105th Street by installing, using, and maintaining utility crossings. (O 642-17) ...... 1470-1495

Casino Revenue Funds

Amending the Title and Sections 1 and 2 of Ordinance No. 457-17 passed April 24, 2017 as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with Cleveland Public Theatre for the Station Hope Storytelling Project through the use of Wards 3 and 14 Casino Revenue Funds. (O 963-17) ...... 1458-1508 Authorizing the Director of the Department of Community Development to enter into an agreement with Ohio University for the Aspiring Doctors Pre-College Program through the use of Ward 1 Casino Revenue Funds. (O 961-17) ...... 1458-1507 Authorizing the Director of the Department of Public Works to enter into an agreement with the Polish American Cultural Center for the Pope John Paul II Statue Project for the Polish American Cultural Garden through the use of Ward 12 Casino Revenue Funds. (O 1000-17) ...... 1461-1510

City Clerk

From Council President Kevin J. Kelley appointing, without objection by Council, Allan Dreyer as Council Clerk Pro Tempore for July 17, 2017. (F 910-17) ...... 1433

City Council

From Council President Kevin J. Kelley appointing, without objection by Council, Allan Dreyer as Council Clerk Pro Tempore for July 17, 2017. (F 910-17) ...... 1433

City of Cleveland Bids

4th and 5th Police District Parking Lot Improvements — Office of Capital Projects — Division of Police — per Ord. 734-14 — bid due September 20, 2017 (advertised 8/16/2017 and 8/23/2017)...... 1481 Armored Courier Services 2017-19 (Re-bid) — Department of Finance — per C.O. Sec. 181.101 — bid due September 14, 2017 (advertised 8/23/2017 and 8/30/2017)...... 1482 Camp Forbes Recreation Center Interior Improvements — Office of Capital Projects — Division of Architecture and Site Improvement — per Ord. 1395-16 — bid due September 13, 2017 (advertised 8/23/2017 and 8/30/2017)...... 1481 Citywide Commercial, Medical and Specialty Gases (2017) — Department of Finance — per C.O. Sec. 181.101 — bid due September 1, 2017 (advertised 8/16/2017 and 8/23/2017) ...... 1481 Citywide Plumbing Materials, Equipment and Supplies (2017-2019) — Department of Finance — per C.O. Sec. 181.101 — bid due September 1, 2017 (advertised 8/16/2017 and 8/23/2017) ...... 1481 Citywide Purchases of Various Electrical Materials, Equipment and Supplies (2017-2019) — Department of Finance — per C.O. Sec. 181.101 — bid due September 7, 2017 (advertised 8/16/2017 and 8/23/2017)...... 1481 Cudell Recreation Center Package #1: Mechanical and Electrical Improvements — Office of Capital Projects — Division of Architecture and Site Improvement — per Ord. 732-14 — bid due September 15, 2017 (advertised 8/23/2017 and 8/30/2017)...... 1482 Fire Apparatus Equipment Parts and Labor — Department of Public Works — Division of Motor Vehicle Maintenance — per C.O. Sec. 131.64 — bid due September 28, 2017 (advertised 8/23/2017 and 8/30/2017)...... 1482 Ford Passenger and Police Vehicle Parts and Labor — Department of Public Works — Division of Motor Vehicle Maintenance — per C.O. Sec. 131.64 — bid due September 28, 2017 (advertised 8/23/2017 and 8/30/2017)...... 1482 International Truck Parts and Labor — Department of Public Works — Division of Motor Vehicle Maintenance — per C.O. Sec. 131.64 — bid due September 28, 2017 (advertised 8/23/2017 and 8/30/2017)...... 1482 LED Street Light Project — Department of Public Utilities — Division of Cleveland Public Power — bid due September 15, 2017(advertised 8/16/2017 and 8/23/2017) ...... 1481 Marginal Roads/Western Avenue Rehabilitation (West Blvd. to Lorain Ave.) — Office of Capital Projects — Division of Engineering and Construction — per Ord. 1024-16 — bid due September 13, 2017 (advertised 8/16/2017 and 8/23/2017)...... 1481 Meters and Metering Equipment — Department of Public Utilities — Division of Cleveland Public Power — per C.O. Sec. 129.26 — bid due September 15, 2017 (advertised 8/23/2017 and 8/30/2017)...... 1482 MLK Jr. Drive Rehabilitation: Kinsman Rd. to Shaker Blvd. — Office of Capital Projects — Division of Engineering and Construction — per Ord. 1024-16 — bid due September 13, 2017 (advertised 8/23/2017 and 8/30/2017)...... 1482 PVC & FRE Ductline Materials — Department of Public Utilities — Division of Cleveland Public Power — per Ord. 804-14 — bid due September 15, 2017 (advertised 8/23/2017 and 8/30/2017)...... 1482 West 3rd Lift Bridge Beam Repair — Office of Capital Projects — Division of Engineering and Construction — per Ord. 637-08 — bid due September 13, 2017 (advertised 8/16/2017 and 8/23/2017)...... 1481 1517 88 The City Record August 23, 2017

City Planning Commission

Approving the formation of a new special improvement district in the City; accepting petitions from owners of property in the proposed district; revising and approving the Articles of Incorporation for the Ohio nonprofit corporation to be set up to govern the new district; approving the initial comprehensive services plan for the new district; declaring it necessary to provide cleaning and safety services; office, retail and residential development; and marketing for the district; providing for an assessment for the cost of such work upon benefited property in the district; and declaring an emergency. (R 834-17) ...... 1473-1482 Changing the Use, Area and Height Districts of lands in the Walworth Run area, along the Cuyahoga River south of Carter Road and along West 14th Street (Map Change No. 2560). (O 439-17) ...... 1472-1489 Changing the Use, Area and Height Districts south of Fairfield Avenue between West 14th Street and West 11th Street, and adding the Urban Form Overlay (Map Change 2559). (O 812-17) ...... 1473-1496 Declaring the intent to vacate a portion of Grand Avenue S.E., East 64th Place and East 65th Street. (R 931-17) ...... 1455 Declaring the intent to vacate a portion of Washington Avenue. (R 932-17) ...... 1456 Designating Beulah Baptist Church (aka Collinwood Church of Christ) as a Cleveland Landmark. (O 816-17) ...... 1470-1498 Designating East 146th Street between St. Clair Avenue and Aspinwall Avenue with a secondary and honorary designation of “Robert Godwin Sr. Way”. (O 836-17) ...... 1471-1501 Designating St. John Cantius Parish Convent (aka the Matt Talbot Inn) as a Cleveland Landmark. (O 814-17) ...... 1470-1497 Designating St. Philip Neri Church, Rectory and School as a Cleveland Landmark. (O 959-17) ...... 1444 Designating the Liberty H. Ware House as a Cleveland Landmark. (O 960-17) ...... 1444 Expanding the coverage area for the West 117th Street Design Review District to include additional parcels along West 112th Street, West 114th Street, West 115th Street, and Franklin Boulevard (Map Change No. 2571). (O 991-17) ...... 1454 Rescinding the designation of Robert Fulton Elementary School as a Cleveland Landmark. (O 864-17) ...... 1472-1506 To add the name “Rev. Dr. A. Charles Bowie Way” as a secondary and honorary name to East 100th Street between Euclid Avenue and Carnegie Avenue. (O 998-17) ...... 1451 To add the name “Thomas R. and Louise Boddie Way” as a secondary and honorary name to East 124th Street between Union Avenue and Corlett Avenue. (O 958-17) ...... 1444 To add the name Alma Cooper Way as a secondary and honorary name to Hulda Avenue from Woodhill Road to East 110th Street. (O 763-17) ...... 1470-1496 To amend 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1408-13, passed November 18, 2013, relating to land reutilization programs. (O 837-17) ...... 1471-1501 To amend the Battery Park Planned Unit Development (PUD) for lands designated as a PUD District in Ord. 1964 04. (O 833-17) ...... 1473-1501

Civil Service Commission

Authorizing the Secretary of the Civil Service Commission to employ one or more professional consultants to develop, administer, and grade promotional examinations for the Division of Police, Department of Public Safety, and executed no later than December 31, 2018. (O 863-17) ...... 1472-1506

Cleveland Citywide Development Corporation

Authorizing the Director of Economic Development to enter into an agreement with the Cleveland Citywide Development Corp., or its designee, to provide forgivable loans for improvements to retail facilities in one or more mixed use developments. (O 560-17) ...... 1469-1493 Authorizing the Directors of Community Development and/or Economic Development to enter into an agreement with Cleveland Citywide Development Corporation, or its designees, to implement several programs in order to improve housing opportunities in the neighborhoods of the City of Cleveland. (O 563-17) ...... 1469-1494

Cleveland Foundation

From Director Sharon Dumas, Department of Finance, City of Cleveland. Notice of acceptance of a gift of $500 from the Cleveland Foundation to support food purchases for the Cleveland Community Police Commission’s Common Ground event. (F 912-17) ...... 1433

Cleveland Hopkins International Airport

Authorizing the Director of Port Control to enter into one or more contracts with Engineered Arresting Systems Corp. dba Zodiac Arresting Systems Corp. for professional services necessary to perform inspections and minor repairs to the engineered arresting systems for the runways at Cleveland Hopkins International Airport and Burke Lakefront Airport. (O 994-17) ...... 1451 Authorizing the purchase by one or more requirement contracts of labor and materials needed to repair or replace floors and floor coverings at Cleveland Hopkins International Airport and Burke Lakefront Airport, for a period of two years, with two additional one year options to renew, the first of which shall require additional legislative authority. (O 942-17) ...... 1438 1518 August 23, 2017 The City Record 89

Cleveland Metropolitan School District ( CMSD )

Authorizing the Directors of Public Works and Finance to enter into agreement to enter into one or more contracts with the Cleveland Metropolitan School District to conduct educational, recreational and extracurricular programming through the use of Ward 13 Neighborhood Capital Funds, Neighborhood Equity Funds, Casino Revenue Funds and Neighborhood Development Funds. (O 1012-17) ...... 1454

Cleveland Municipal Court

Authorizing the Director of Finance, on behalf of the Cleveland Municipal Court, Housing Division, to enter into an agreement with the Alcohol, Drug Addiction and Mental Health Services Board of Cuyahoga County to accept funding for the purpose of improving housing retention for tenants in eviction court. (O 957-17) ...... 1444

Cleveland Public Power ( CPP )

Authorizing the purchase by one or more requirement contracts of landscape materials, supplies, and services, including labor and materials, needed to maintain, test, install, replace, improve, restore, and refurbish landscaping and tree lawns located at City owned or leased Public Utility facilities and City right of ways, for the Divisions of Water, Water Pollution Control, and Cleveland Public Power, Department of Public Utilities, for a period up to two years, with two one year options to renew, the first of which shall require additional legislative authority. (O 947-17) ...... 1440

Cleveland Public Theater

Amending the Title and Sections 1 and 2 of Ordinance No. 457-17 passed April 24, 2017 as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with Cleveland Public Theatre for the Station Hope Storytelling Project through the use of Wards 3 and 14 Casino Revenue Funds. (O 963-17) ...... 1458-1508

Codified Ordinances

To amend 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1408-13, passed November 18, 2013, relating to land reutilization programs. (O 837-17) ...... 1471-1501 To repeal Sections 240.01 through 240.09 and 240.99 and Section 365.07 of the Codified Ordinances of the City of Cleveland, 1976, as amended by various ordinances; and to supplement the codified ordinances by enacting new Sections 240.01 through 240.13 and 240.99 relating to lead hazards and lead safe certificates. (O 990-17) ...... 1445 To supplement the Codified Ordinances of Cleveland, Ohio, 1976 by enacting new Section 347.19 and to amend Section 343.11 of the Codified Ordinances of Cleveland Ohio, 1976, as amended by Ordinance No. 1396-14, passed December 10, 2014 and Section 345.02, as amended by Ordinance No. 2215-96, passed April 7, 1997, passed April 7, 1997, relating to state licensed medical marijuana cultivators, processers, retail dispensaries, and testing laboratories. (O 1009-17) ...... 1451

Collective Bargaining Agreements

Approving the collective bargaining agreement with the Teamsters Local 507; and to amend Section 9 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, relating to compensation for various classifications. (O 949-17) ...... 1457-1507

Commemoration

Commemoration Resolution for Antoine Allen, Jr. (R 1039-17) ...... 1434 Commemoration Resolution for Priscilla Elizabeth Walton (R 1038-17) ...... 1434

Communications

Dedication Plat for East 59th Street Widening Plat, East 59th Street from Euclid Avenue to Chester Avenue. Approved by Committees on Municipal Services and Properties, and Development Planning and Sustainability. Without objection, Plat approved. (F 1002-17) ...... 1433 Dedication Plat for West 20th Street Townhomes Subdivision, West 20th Street and Follett Court. Approved by Committees on Municipal Services and Properties, and Development Planning and Sustainability. Without objection, Plat approved. (F 916-17) ...... 1433 From American Transmission Systems, Incorporated, a FirstEnergy company. Construction Notice submitted to the Ohio Power Siting Notice for an Inland Harding (S 8) 345 kV Transmission Line near East 81st Street and New York Central Railroad corridor, south of Finney Avenue, Cleveland, Ohio. (F 914-17) ...... 1433 From Council President Kevin J. Kelley appointing, without objection by Council, Allan Dreyer as Council Clerk Pro Tempore for July 17, 2017. (F 910-17) ...... 1433 From Director Michael McGrath, Department of Public Safety, City of Cleveland. Notice of acceptance of a gift of four pallets of bottled water, valued at approximately $480, from Justin Weaver, Ice River Springs Water. (F 911-17) ...... 1433 From Director Sharon Dumas, Department of Finance, City of Cleveland. Notice of acceptance of a gift of $500 from the Cleveland Foundation to support food purchases for the Cleveland Community Police Commission’s Common Ground event. (F 912-17) ...... 1433 1519 90 The City Record August 23, 2017

From Mayor’s Office of Equal Opportunity, City of Cleveland. 2016 Annual Report. (F 913-17) ...... 1433 From Michael Shea, Executive Director, Western Reserve Revitalization and Management Company, Inc. Notice of plans to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as Riverside Park Phase II, 17800 Parkmount Avenue, Cleveland, Ohio. (F 997-17) ...... 1433

Community Development

Amending the Title and Sections 1 and 2 of Ordinance No. 457-17 passed April 24, 2017 as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with Cleveland Public Theatre for the Station Hope Storytelling Project through the use of Wards 3 and 14 Casino Revenue Funds. (O 963-17) ...... 1458-1508 Appropriating Community Development Block Grant funds and Emergency Solutions Grant funds for expenses of the Senior Homeowners Assistance Program (SHAP), CHORE, and Homeless Services Programs. (O 831-17) ...... 1471-1500 Appropriating Community Development Block Grant funds for anti -predatory lending and foreclosure prevention assistance, financial literacy programs, fair housing, and administrative costs to implement the programs. (O 825-17) ...... 1470-1499 Appropriating Community Development Block Grant funds for expenses for the Demolition Program and emergency contracts under the Board up Program; authorizing the Director of Building and Housing to enter into one or more contracts with various agencies to implement these programs; and authorizing the purchase by one or more requirement contracts for the items of labor and materials necessary to implement the Board up Program. (O 827-17) ...... 1470-1499 Appropriating Community Development Block Grant funds for expenses for the Project Clean Program; and authorizing the Director of Public Works to enter into one or more contracts with various agencies to implement the Program. (O 830-17) ...... 1471-1500 Authorizing the Director of Community Development to enter into contracts for Commercial Revitalization and rebate, grant, and/or loan agreements with Storefront Renovation Program applicants; to employ one or more professional consultants to implement the program; and to enter into agreements for eligible costs to community development corporations for implementation of the Storefront Renovation and Commercial Revitalization Programs. (O 832-17) ...... 1471-1500 Authorizing the Director of Community Development to enter into contracts with Cuyahoga County and various non-profit agencies for the implementation of homeless assistance activities. (O 828-17) ...... 1471-1500 Authorizing the Director of Community Development to enter into contracts with one or more non-profit agencies to operate a community garden program. (O 826-17) ...... 1470-1499 Authorizing the Director of the Department of Community Development to enter into an agreement with Ohio University for the Aspiring Doctors Pre-College Program through the use of Ward 1 Casino Revenue Funds. (O 961-17) ...... 1458-1507 Authorizing the Directors of Community Development and/or Economic Development to enter into an agreement with Cleveland Citywide Development Corporation, or its designees, to implement several programs in order to improve housing opportunities in the neighborhoods of the City of Cleveland. (O 563-17) ...... 1469-1494 Authorizing the Directors of Economic Development and/or Community Development to enter into one or more agreements with the Greater Cleveland Habitat for Humanity, Inc. for the purposes of constructing or rehabilitating housing in targeted areas. (O 559-17) ...... 1469-1492

Community Development Block Grant Program ( CDBG )

Appropriating Community Development Block Grant funds and Emergency Solutions Grant funds for expenses of the Senior Homeowners Assistance Program (SHAP), CHORE, and Homeless Services Programs. (O 831-17) ...... 1471-1500 Appropriating Community Development Block Grant funds for anti- predatory lending and foreclosure prevention assistance, financial literacy programs, fair housing, and administrative costs to implement the programs. (O 825-17) ...... 1470-1499 Appropriating Community Development Block Grant funds for expenses for the Demolition Program and emergency contracts under the Board up Program; authorizing the Director of Building and Housing to enter into one or more contracts with various agencies to implement these programs; and authorizing the purchase by one or more requirement contracts for the items of labor and materials necessary to implement the Board up Program. (O 827-17) ...... 1470-1499 Appropriating Community Development Block Grant funds for expenses for the Project Clean Program; and authorizing the Director of Public Works to enter into one or more contracts with various agencies to implement the Program. (O 830-17) ...... 1471-1500

Community Relations Board

Authorizing the Director of the Community Relations Board to enter into one or more contracts with Cornerstone of Hope for the public purpose of providing bereavement care for residents of the City, including grief intervention services with the Mayor’s Community Outreach team, trauma therapy, and complicated grief interventions to families who seek support after the death of a loved one from a traumatic event, for a period of one year, with one option to renew for an additional year, exercisable by the Director of Community Relations. (O 862-17) ...... 1472-1506 1520 August 23, 2017 The City Record 91

Condolences

Condolence Resolution for Andrew Easley (R 1013-17) ...... 1434 Condolence Resolution for Joan Shaver Washington (R 1020-17) ...... 1434 Condolence Resolution for Kyle James Matthew Braun (R 1016-17) ...... 1434 Condolence Resolution for Lenora Cole (R 1022-17) ...... 1434 Condolence Resolution for Lyman Hedrick Parker (R 1021-17) ...... 1434 Condolence Resolution for Miriam Ortiz Rush (R 1024-17) ...... 1434 Condolence Resolution for Nellie Lee Williams (R 1015-17) ...... 1434 Condolence Resolution for The Honorable Judge Eugenia “Jean” Murrell Capers (R 1018-17) ...... 1434 Condolence Resolution for The Honorable Judge Pauline H. Tarver (R 1017-17) ...... 1434 Condolence Resolution for Timothy J. Melena (R 1023-17) ...... 1434 Condolence Resolution for Wesley Frieson, Jr. (R 1014-17) ...... 1434 Condolence Resolution for Wilbert Lee Whitt (R 1019-17) ...... 1434

Congratulations

Congratulations Resolution for Antoinette (Latessa) Linden 104th Birthday (R 1030-17) ...... 1434 Congratulations Resolution for Case Western Reserve University School of Dental Medicine (R 1026-17) ...... 1434 Congratulations Resolution for George E. Purefoy 90th Birthday (R 1031-17) ...... 1434 Congratulations Resolution for Lt. Jonathan J. Parries, CFD (R 1029-17) ...... 1434 Congratulations Resolution for Mary Lee Gray 85th Birthday (R 1032-17) ...... 1434 Congratulations Resolution for Mildred Lowe 80th Birthday (R 1025-17) ...... 1434 Congratulations Resolution for William M. Denihan (R 1028-17) ...... 1434 Congratulations Resolution for Zion Hill Missionary Baptist Church 100th Anniversary (R 1027-17) ...... 1434

Contracts

Appropriating Community Development Block Grant funds for expenses for the Demolition Program and emergency contracts under the Board up Program; authorizing the Director of Building and Housing to enter into one or more contracts with various agencies to implement these programs; and authorizing the purchase by one or more requirement contracts for the items of labor and materials necessary to implement the Board up Program. (O 827-17) ...... 1470-1499 Appropriating Community Development Block Grant funds for expenses for the Project Clean Program; and authorizing the Director of Public Works to enter into one or more contracts with various agencies to implement the Program. (O 830-17) ...... 1471-1500 Authorizing the Director of Community Development to enter into contracts for Commercial Revitalization and rebate, grant, and/or loan agreements with Storefront Renovation Program applicants; to employ one or more professional consultants to implement the program; and to enter into agreements for eligible costs to community development corporations for implementation of the Storefront Renovation and Commercial Revitalization Programs. (O 832-17) ...... 1471-1500 Authorizing the Director of Community Development to enter into contracts with Cuyahoga County and various non- profit agencies for the implementation of homeless assistance activities. (O 828-17) ...... 1471-1500 Authorizing the Director of Community Development to enter into contracts with one or more non- profit agencies to operate a community garden program. (O 826-17) ...... 1470-1499 Authorizing the Director of Economic Development to accept a discount prepayment of the Empowerment Zone HUD 108 Loan, Contract No. 60103, from 4415 Euclid LLC regarding the redevelopment of the 4415 Euclid Building. (O 840-17) ...... 1471-1503 Authorizing the Director of Economic Development to apply for and accept one or more grants from JobsOhio and/or Ohio Development Services Agency or other public entity, for environmental assistance for proposed redevelopment in the Opportunity Corridor; and authorizing contracts with various developers, or their designees, to implement the project. (O 839-17) ...... 1471-1503 Authorizing the Director of Economic Development to enter into an amendment to Contract No. 57798 relating to Quincy Place, with Fairfax Renaissance Development Corporation, to change certain terms of the loan. (O 838-17) ...... 1471-1502 Authorizing the Director of Finance to employ one or more professional consultants for the administration of Family and Medical Leave Act benefits for City employees, for a period of one year, with a one year option to renew, exercisable by the Director of Finance. (O 995-17) ...... 1451 Authorizing the Director of Finance, on behalf of the Community Police Commission, to employ one or more professional consultants to provide the Community Police Commission with organization and operational assistance, to assess and develop a strategic vision and written plan for the commission, and to provide other related services, for a period of one year. (O 955-17) ...... 1443 Authorizing the Director of Port Control to employ one or more professional consultants to provide temporary or seasonal personnel, for a period of one year, with three one year options to renew, the second of which would require additional legislative authority. (O 845-17) ...... 1471-1504 Authorizing the Director of Port Control to enter into one or more contracts with Fire Force, Inc. for professional services necessary to provide the Airport rescue and firefighting personnel annual FAA certification training, for a period of one year, with three one year options to renew, the second of which would require additional legislative authority. (O 843-17) ...... 1471-1504 1521 92 The City Record August 23, 2017

Authorizing the Director of Port Control to exercise the first option to renew Contract No. RC 2016 9 with Fabrizi Recycling, Inc. to provide for the rental of heavy duty equipment, snow removal equipment, and equipment operators. (O 939-17) ...... 1437 Authorizing the Director of Port Control to exercise the first options to renew various contracts for the requirements for services and materials necessary to maintain and repair vehicles, trucks, and various types of equipment, including labor and installation, for the Department of Port Control. (O 941-17) ...... 1438 Authorizing the Director of Public Health to apply for and accept a grant from the Bureau of Justice Assistance Program for the Cleveland Opioid Response and Action Plan Grant; authorizing the Director to enter into one or more contracts with Dr. Johnnie Rose for professional services needed to implement the grant. (O 848-17) ...... 1472-1504 Authorizing the Director of Public Health to enter into contract with the Ohio Department of Health to perform investigations of violations regarding smoking in workplaces and other public places. (O 860-17) ...... 1472-1505 Authorizing the Director of Public Utilities to employ one or more professional consultants to provide temporary personnel, for a period of one year, with two one year options to renew, the second of which would require additional legislative authority. (O 946-17) ...... 1439 Authorizing the Director of Public Utilities to enter into one or more contracts without competitive bidding with Hach Company to maintain, service, calibrate, refurbish, and test various scientific and in line process analytical instruments manufactured by Hach Company used to monitor the drinking water purification process, for the Division of Water, Department of Public Utilities, for a period of two years, with an option to renew for an additional one year period, which shall require additional legislation. (O 824-17) ...... 1470-1499 Authorizing the Director of the Community Relations Board to enter into one or more contracts with Cornerstone of Hope for the public purpose of providing bereavement care for residents of the City, including grief intervention services with the Mayor’s Community Outreach team, trauma therapy, and complicated grief interventions to families who seek support after the death of a loved one from a traumatic event, for a period of one year, with one option to renew for an additional year, exercisable by the Director of Community Relations. (O 862-17) ...... 1472-1506 Authorizing the Directors of Public Works and Finance to enter into agreement to enter into one or more contracts with the Cleveland Metropolitan School District to conduct educational, recreational and extracurricular programming through the use of Ward 13 Neighborhood Capital Funds, Neighborhood Equity Funds, Casino Revenue Funds and Neighborhood Development Funds. (O 1012-17) ...... 1454 Authorizing the purchase by one or more contracts of carts for the automated waste collection and curbside recycling, for the Division of Waste Collection and Disposal, Department of Public Works. (O 861-17) ...... 1472-1506 Authorizing the purchase by one or more requirement contracts of labor and materials needed to repair or replace floors and floor coverings at Cleveland Hopkins International Airport and Burke Lakefront Airport, for a period of two years, with two additional one year options to renew, the first of which shall require additional legislative authority. (O 942-17) ...... 1438 Authorizing the purchase by one or more requirement contracts of landscape materials, supplies, and services, including labor and materials, needed to maintain, test, install, replace, improve, restore, and refurbish landscaping and tree lawns located at City owned or leased Public Utility facilities and City right of ways, for the Divisions of Water, Water Pollution Control, and Cleveland Public Power, Department of Public Utilities, for a period up to two years, with two one year options to renew, the first of which shall require additional legislative authority. (O 947-17) ...... 1440 Authorizing the Secretary of the Civil Service Commission to employ one or more professional consultants to develop, administer, and grade promotional examinations for the Division of Police, Department of Public Safety, and executed no later than December 31, 2018. (O 863-17) ...... 1472-1506

Cooperative Agreement

Approving the addition of certain property to the Northeast Ohio Advanced Energy District; accepting a petition and plan from a lessee in the District identifying a special energy improvement project, and approving the petition and plan as owner of property in the District; declaring it necessary to conduct the special energy improvement project; providing for the assessment of the cost and expense of such special energy improvement project; and authorizing the Director of Economic Development to enter into a Cooperative Agreement and a Special Assessment Agreement to implement the project; and declaring an emergency. (O 936-17) ...... 1436

County Budget Commission

Accepting the amounts and rates as determined by the Cuyahoga County Budget Commission and authorizing the necessary tax levies and certifying them to the County Fiscal Officer. (R 953-17) ...... 1456

Cuyahoga County

Authorizing the Director of Community Development to enter into contracts with Cuyahoga County and various non-profit agencies for the implementation of homeless assistance activities. (O 828-17) ...... 1471-1500 1522 August 23, 2017 The City Record 93

Authorizing the Director of Finance, on behalf of the Cleveland Municipal Court, Housing Division, to enter into an agreement with the Alcohol, Drug Addiction and Mental Health Services Board of Cuyahoga County to accept funding for the purpose of improving housing retention for tenants in eviction court. (O 957-17) ...... 1444

Cuyahoga County Fiscal Officer

Requesting the County Fiscal Officer to make advances during the year 2018, pursuant to Section 321.34, Ohio Revised Code. (R 954-17) ...... 1457

Detroit Shoreway Community Development Organization

Authorizing the Director of Economic Development to enter into a grant agreement with the Detroit Shoreway Community Development Organization, or its designee, to provide economic development assistance to partially finance the redevelopment of the Variety Theatre. (O 993-17) ...... 1451

Economic Development Department

Approving the addition of certain property to the Northeast Ohio Advanced Energy District; accepting a petition and plan from a lessee in the District identifying a special energy improvement project, and approving the petition and plan as owner of property in the District; declaring it necessary to conduct the special energy improvement project; providing for the assessment of the cost and expense of such special energy improvement project; and authorizing the Director of Economic Development to enter into a Cooperative Agreement and a Special Assessment Agreement to implement the project; and declaring an emergency. (O 936-17) ...... 1436 Authorizing the Commissioner of Purchases and Supplies to acquire and re convey properties presently owned by CAC Project 2014 Limited Liability Company, or its designee, located at 1118-1148 Euclid Avenue, for the purpose of entering into the chain of title prior to the adoption of tax increment financing legislation authorized under Section 5709.41 of the Revised Code. (O 935-17) ...... 1435 Authorizing the Director of Economic Development to accept a discount prepayment of the Empowerment Zone HUD 108 Loan, Contract No. 60103, from 4415 Euclid LLC regarding the redevelopment of the 4415 Euclid Building. (O 840-17) ...... 1471-1503 Authorizing the Director of Economic Development to apply for and accept one or more grants from JobsOhio and/or Ohio Development Services Agency or other public entity, for environmental assistance for proposed redevelopment in the Opportunity Corridor; and authorizing contracts with various developers, or their designees, to implement the project. (O 839-17) ...... 1471-1503 Authorizing the Director of Economic Development to enter into a grant agreement with the Detroit Shoreway Community Development Organization, or its designee, to provide economic development assistance to partially finance the redevelopment of the Variety Theatre. (O 993-17) ...... 1451 Authorizing the Director of Economic Development to enter into an agreement with the Cleveland Citywide Development Corp., or its designee, to provide forgivable loans for improvements to retail facilities in one or more mixed use developments. (O 560-17) ...... 1469-1493 Authorizing the Director of Economic Development to enter into an amendment to Contract No. 57798 relating to Quincy Place, with Fairfax Renaissance Development Corporation, to change certain terms of the loan. (O 838-17) ...... 1471-1502 Authorizing the Director of Economic Development to enter into an Enterprise Zone Agreement with Chester Ave Hotel LLC, or its designee, to provide for tax abatement for certain real property improvements as an incentive to construct a hotel to be located on the northwest corner of East 101st Street and Chester Avenue in the Cleveland Area Enterprise Zone. (O 841-17) ...... 1471-1503 Authorizing the Director of Economic Development to enter into one or more agreements with eligible small businesses or merchants, under the Neighborhood Retail Improvement Program and First Floor Retail Program, to provide loans or forgivable loans for costs associated with improvements to retail spaces, including acquisition, construction, and purchase of furniture, fixtures, and equipment. (O 561-17) ...... 1469-1493 Authorizing the Directors of Community Development and/or Economic Development to enter into an agreement with Cleveland Citywide Development Corporation, or its designees, to implement several programs in order to improve housing opportunities in the neighborhoods of the City of Cleveland. (O 563-17) ...... 1469-1494 Authorizing the Directors of Economic Development and/or Community Development to enter into one or more agreements with the Greater Cleveland Habitat for Humanity, Inc. for the purposes of constructing or rehabilitating housing in targeted areas. (O 559-17) ...... 1469-1492 To amend 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1408-13, passed November 18, 2013, relating to land reutilization programs. (O 837-17) ...... 1471-1501 To amend Sections 3 and 10 of Ordinance No. 733-17, passed July 12, 2017, to provide financial assistance to Simon’s Supermarket, or its designee, for redeveloping the vacant grocery store at 11501 Buckeye Road as a full service supermarket. (O 937-17) ...... 1457-1507

Empowerment Zone

Authorizing the Director of Economic Development to accept a discount prepayment of the Empowerment Zone HUD 108 Loan, Contract No. 60103, from 4415 Euclid LLC regarding the redevelopment of the 4415 Euclid Building. (O 840-17) ...... 1471-1503 1523 94 The City Record August 23, 2017

Encroachments

Authorizing the Director of Capital Projects to issue a permit to Buray, LLC to encroach into the public right of way of West 25th Street by installing, using, and maintaining an entrance canopy and a building projection. (O 934-17) ...... 1435 Authorizing the Director of Capital Projects to issue a permit to Case Western Reserve University to encroach into the public right of way of East 101st Street and East 105th Street by installing, using, and maintaining utility crossings. (O 642-17) ...... 1470-1495 Authorizing the Director of Capital Projects to issue a permit to Destination Cleveland to encroach into the public right of way within the Gordon Square Area by installing, using, and maintaining four way finding signs, and electrical duct banks and a permit to Studios at 78th Street, LLC to encroach into the public right of way within the Gordon Square Area by installing, using, and maintaining one lantern art sculpture. (O 933-17) ...... 1434

Enterprise Zone Agreement

Authorizing the Director of Economic Development to enter into an Enterprise Zone Agreement with Chester Ave Hotel LLC, or its designee, to provide for tax abatement for certain real property improvements as an incentive to construct a hotel to be located on the northwest corner of East 101st Street and Chester Avenue in the Cleveland Area Enterprise Zone. (O 841-17) ...... 1471-1503

Famicos Foundation

Authorizing an agreement with Famicos Foundation to acquire certain property located near East 105th Street and Ashbury Avenue for future development. (O 557-17) ...... 1469-1492 Authorizing the Director of the Department of Community Development to enter into agreement with Brick City Productions or with its fiscal agent Famicos Foundation, for the Papa Resource and Education Expo through the use of Wards 5 and 9 Casino Revenue Funds. (O 965-17) ...... 1459-1508

Finance Department

Approving the collective bargaining agreement with the Teamsters Local 507; and to amend Section 9 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, relating to compensation for various classifications. (O 949-17) ...... 1457-1507 Authorizing the Director of Finance to employ one or more professional consultants for the administration of Family and Medical Leave Act benefits for City employees, for a period of one year, with a one year option to renew, exercisable by the Director of Finance. (O 995-17) ...... 1451 Authorizing the Director of Finance, on behalf of the Community Police Commission, to employ one or more professional consultants to provide the Community Police Commission with organization and operational assistance, to assess and develop a strategic vision and written plan for the commission, and to provide other related services, for a period of one year. (O 955-17) ...... 1443 Authorizing the Directors of Public Works and Finance to enter into agreement to enter into one or more contracts with the Cleveland Metropolitan School District to conduct educational, recreational and extracurricular programming through the use of Ward 13 Neighborhood Capital Funds, Neighborhood Equity Funds, Casino Revenue Funds and Neighborhood Development Funds. (O 1012-17) ...... 1454 From Director Sharon Dumas, Department of Finance, City of Cleveland. Notice of acceptance of a gift of $500 from the Cleveland Foundation to support food purchases for the Cleveland Community Police Commission’s Common Ground event. (F 912-17) ...... 1433 Requesting the County Fiscal Officer to make advances during the year 2018, pursuant to Section 321.34, Ohio Revised Code. (R 954-17) ...... 1457 To amend Section 35 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 952-17) ...... 1442 To amend Section 48 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 950-17) ...... 1441 To amend Section 50 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 951-17) ...... 1441 To amend Section 7 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 823-17) ...... 1470-1498 To amend Sections 1 and 25 of Ordinance No. 985-14, passed September 8, 2014, relating to the issuance and sale of water revenue obligations to refund outstanding water revenue obligations. (O 956-17) ...... 1443

Firstenergy Company

From American Transmission Systems, Incorporated, a FirstEnergy company. Construction Notice submitted to the Ohio Power Siting Notice for an Inland Harding (S 8) 345 kV Transmission Line near East 81st Street and New York Central Railroad corridor, south of Finney Avenue, Cleveland, Ohio. (F 914-17) ...... 1433 1524 August 23, 2017 The City Record 95

Gifts

From Director Michael McGrath, Department of Public Safety, City of Cleveland. Notice of acceptance of a gift of four pallets of bottled water, valued at approximately $480, from Justin Weaver, Ice River Springs Water. (F 911-17) ...... 1433 From Director Sharon Dumas, Department of Finance, City of Cleveland. Notice of acceptance of a gift of $500 from the Cleveland Foundation to support food purchases for the Cleveland Community Police Commission’s Common Ground event. (F 912-17) ...... 1433

Grant Agreement

Authorizing the Director of Economic Development to enter into a grant agreement with the Detroit Shoreway Community Development Organization, or its designee, to provide economic development assistance to partially finance the redevelopment of the Variety Theatre. (O 993-17) ...... 1451

Grants

Authorizing the Director of Economic Development to apply for and accept one or more grants from JobsOhio and/or Ohio Development Services Agency or other public entity, for environmental assistance for proposed redevelopment in the Opportunity Corridor; and authorizing contracts with various developers, or their designees, to implement the project. (O 839-17) ...... 1471-1503 Authorizing the Director of Public Health to apply for and accept a grant from Cuyahoga County Solid Waste Management District for the 2018-20 Solid Waste Disposal Program. (O 945-17) ...... 1439 Authorizing the Director of Public Health to apply for and accept a grant from the United States Department of Homeland Security for FY 2018 Biowatch Program. (O 847-17) ...... 1472-1504

Health Department

Authorizing the Director of Public Health to apply for and accept a grant from Cuyahoga County Solid Waste Management District for the 2018-20 Solid Waste Disposal Program. (O 945-17) ...... 1439 Authorizing the Director of Public Health to apply for and accept a grant from the United States Department of Homeland Security for FY 2018 Biowatch Program. (O 847-17) ...... 1472-1504 Authorizing the Director of Public Health to enter into contract with the Ohio Department of Health to perform investigations of violations regarding smoking in workplaces and other public places. (O 860-17) ...... 1472-1505 To repeal Sections 240.01 through 240.09 and 240.99 and Section 365.07 of the Codified Ordinances of the City of Cleveland, 1976, as amended by various ordinances; and to supplement the codified ordinances by enacting new Sections 240.01 through 240.13 and 240.99 relating to lead hazards and lead safe certificates. (O 990-17) ...... 1445

Housing and Urban Development (HUD)

Authorizing the Director of Economic Development to accept a discount prepayment of the Empowerment Zone HUD 108 Loan, Contract No. 60103, from 4415 Euclid LLC regarding the redevelopment of the 4415 Euclid Building. (O 840-17) ...... 1471-1503

Human Resources Department

Approving the collective bargaining agreement with the Teamsters Local 507; and to amend Section 9 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, relating to compensation for various classifications. (O 949-17) ...... 1457-1507 To amend Section 35 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 952-17) ...... 1442 To amend Section 48 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 950-17) ...... 1441 To amend Section 50 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 951-17) ...... 1441 To amend Section 7 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 823-17) ...... 1470-1498

Information Technology and Services

Oath of Office for Kimberly Roy Wilson, Commissioner of Information Technology and Services. (F 915-17) ...... 1433

Landmark Commission

Designating Beulah Baptist Church (aka Collinwood Church of Christ) as a Cleveland Landmark. (O 816-17) ...... 1470-1498 Designating St. John Cantius Parish Convent (aka the Matt Talbot Inn) as a Cleveland Landmark. (O 814-17) ...... 1470-1497 Designating St. Philip Neri Church, Rectory and School as a Cleveland Landmark. (O 959-17) ...... 1444 1525 96 The City Record August 23, 2017

Designating the Liberty H. Ware House as a Cleveland Landmark. (O 960-17) ...... 1444 Rescinding the designation of Robert Fulton Elementary School as a Cleveland Landmark. (O 864-17) ...... 1472-1506

Lease Agreement

Authorizing the Director of Port Control to enter into an amendment to the existing Lease Agreement with I X Center Corporation to extend the term of the lease for one year until August 31, 2020, remove all remaining option terms, reduce the base rent for one year, and return approximately 31 acres of the leased premises to the City of Cleveland. (O 1001-17) ...... 1461-1511

Leases

Approving the addition of certain property to the Northeast Ohio Advanced Energy District; accepting a petition and plan from a lessee in the District identifying a special energy improvement project, and approving the petition and plan as owner of property in the District; declaring it necessary to conduct the special energy improvement project; providing for the assessment of the cost and expense of such special energy improvement project; and authorizing the Director of Economic Development to enter into a Cooperative Agreement and a Special Assessment Agreement to implement the project; and declaring an emergency. (O 936-17) ...... 1436 Authorizing the Director of Port Control to lease certain property located at 1201 North Marginal Road to the Cleveland Coordinating Committee for the Cod, Inc. for the purpose of operating a submarine museum, for a term of two years with three one year options to renew, the first of which would require additional legislative authority. (O 944-17) ...... 1439

License Agreements

Authorizing the Directors of Public Works and Public Safety, as appropriate, to enter into one or more license agreements with Mount Pleasant Now Development Corporation, or its designee, to use and occupy City owned properties and ongoing maintenance of historical informational marker signs at Luke Easter Park, Alexander Hamilton Recreation Center, and the Fourth District Police Station. (O 948-17) ...... 1440

Liquor Permits

#0082502. Transfer of Ownership Application, D5J D6. Air Ventures LLC, 5300 Riverside Dr. (Ward 17). (F 925-17) ...... 1434 #1030064. New License Application, C1. Bshara Food LLC, 4098 East 131st St. (Ward 2). (F 927-17) ...... 1434 #24553530001. New License Application, D3. 84 Charing Cross, Inc., 2258 Professor St. (Ward 3). (F 920-17) ...... 1434 #24553530001. Transfer of Location Application, D1 D2. 84 Charing Cross, Inc., 2258 Professor Ave. (Ward 3). (F 926-17) ...... 1434 #26312750080. New License Application, C1. Family Dollar Stores of Ohio, Inc., 3407 Payne Ave. (Ward 7). (F 917-17) ...... 1434 #26312750200. New License Application, C1. Family Dollar Stores of Ohio, Inc., 2704 Clark Ave. (Ward 14). (F 919-17) ...... 1434 #26312750205. New License Application, C1. Family Dollar Stores of Ohio, Inc., 9302 Miles Ave. (Ward 2). (F 918-17) ...... 1434 #4118908. Transfer of Ownership Application, D5. Ibex Transportation LLC, 2218 Broadview Rd. (Ward 12). (F 921-17) ...... 1434 #4254640. New License Application, D5J. Jawbone Partners LLC, 1059 Old River Rd. (Ward 3). (F 929-17) ...... 1434 #6208991. New License Application, D3. Mr. Kringle Co. LLC, 230 W. Huron Rd. (Ward 3). (F 1011-17) ...... 1434 #6349219. Transfer of Ownership Application, D5 D6. Thomas J. Nevits, 10511 Western Ave. (Ward 15). (F 924-17) ...... 1434 #6548245. Economic Development Transfer Application, D5 D67. 15816 Lorain LLC, 15813 Lorain Ave. (Ward 17). (F 922-17) ...... 1434 #6550246. Stock Application, D5 D6. -17219 Lorain Ave. Corp.,-17219 Lorain Ave. (Ward 17). (F 923-17) ...... 1434 #8798595. Transfer of License Application, D5. Tapatias Food LLC, 12501 Lorain Ave. (Ward 11). (F 930-17) ...... 1434 #8912747. Stock Application, D5. 3614 East 65th, Inc., 3614 East 65th St. (Ward 12). (F 928-17) ...... 1434 An emergency resolution Objecting to a New C2 Liquor Permit at 2603 Woodhill Road. (R 975-17) ...... 1463-1484 Objecting to a New C1 Liquor Permit at 2704 Clark Avenue. (R 978-17) ...... 1464-1485 Objecting to a New C1 Liquor Permit at 9302 Miles Avenue. (R 972-17) ...... 1462-1483 Objecting to the renewal of a C1 and C2 Liquor Permit at 1303 Clark Avenue. (R 983-17) ...... 1466-1486 Objecting to the renewal of a C1 and C2 Liquor Permit at 3258 East 140th Street. (R 973-17) ...... 1463-1484 Objecting to the renewal of a C1 and C2 Liquor Permit at 6506 Fleet Avenue. (R 985-17) ...... 1466-1487 Objecting to the renewal of a C1 and C2 Liquor Permit at 870 East 185th Street. (R 981-17) ...... 1465-1486 Objecting to the renewal of a C1 and C2 Liquor Permit at 910 East 185th Street. (R 982-17) ...... 1465-1486 Objecting to the renewal of a C1 Liquor Permit at 1871 77 West 65th Street, 1st floor and basement. (R 1006-17) ...... 1468-1488 Objecting to the renewal of a C1, C2 and D6 Liquor Permit at 12408 Union Avenue, Unit A. (R 974-17) ...... 1463-1484 1526 August 23, 2017 The City Record 97

Objecting to the renewal of a D1, D2, D3, D3A and D6 Liquor Permit at 7932 36 Lorain Avenue, 1st floor and basement. (R 1007-17) ...... 1468-1488 Objecting to the renewal of a D2 and D2X Liquor Permit at 8002 Detroit Avenue. (R 1008-17) ...... 1468-1489 Objecting to the renewal of a D2, D2X, D3 and D3A Liquor Permit at 3924 East 71st Street, 1st floor. (R 984-17) ...... 1466-1487 Objecting to the transfer of ownership of a D5 Liquor Permit to 2218 Broadview Road. (R 977-17) ...... 1464-1485 Withdrawing objection to a New C1 Liquor Permit at 7914-16 St. Clair Avenue and repealing Resolution No. 373-17, objecting to said permit. (R 986-17) ...... 1467-1487 Withdrawing objection to the renewal of a D5 and D6 Liquor Permit at 11526 11528 Clifton Boulevard and repealing Resolution No. 980-16 objecting to said renewal. (R 979-17) ...... 1465-1485 Withdrawing objection to the transfer of ownership of a C1 Liquor Permit at 4382 West 130th Street and repealing Resolution No. 368-17 objecting to said permit. (R 980-17) ...... 1465-1486 Withdrawing objection to the transfer of ownership of a C2 and C2X Liquor Permit at 1905 East 55th Street and repealing Resolution No. 392-17 objecting to said permit. (R 976-17) ...... 1464-1484

Loan Agreement

Authorizing the Director of Community Development to enter into contracts for Commercial Revitalization and rebate, grant, and/or loan agreements with Storefront Renovation Program applicants; to employ one or more professional consultants to implement the program; and to enter into agreements for eligible costs to community development corporations for implementation of the Storefront Renovation and Commercial Revitalization Programs. (O 832-17) ...... 1471-1500 To amend Sections 3 and 10 of Ordinance No. 733-17, passed July 12, 2017, to provide financial assistance to Simon’s Supermarket, or its designee, for redeveloping the vacant grocery store at 11501 Buckeye Road as a full service supermarket. (O 937-17) ...... 1457-1507

Loans

Authorizing the Director of Economic Development to accept a discount prepayment of the Empowerment Zone HUD 108 Loan, Contract No. 60103, from 4415 Euclid LLC regarding the redevelopment of the 4415 Euclid Building. (O 840-17) ...... 1471-1503 Authorizing the Director of Economic Development to enter into an agreement with the Cleveland Citywide Development Corp., or its designee, to provide forgivable loans for improvements to retail facilities in one or more mixed use developments. (O 560-17) ...... 1469-1493 Authorizing the Director of Economic Development to enter into an amendment to Contract No. 57798 relating to Quincy Place, with Fairfax Renaissance Development Corporation, to change certain terms of the loan. (O 838-17) ...... 1471-1502 Authorizing the Director of Economic Development to enter into one or more agreements with eligible small businesses or merchants, under the Neighborhood Retail Improvement Program and First Floor Retail Program, to provide loans or forgivable loans for costs associated with improvements to retail spaces, including acquisition, construction, and purchase of furniture, fixtures, and equipment. (O 561-17) ...... 1469-1493

Medical Marijuana

To supplement the Codified Ordinances of Cleveland, Ohio, 1976 by enacting new Section 347.19 and to amend Section 343.11 of the Codified Ordinances of Cleveland Ohio, 1976, as amended by Ordinance No. 1396-14, passed December 10, 2014 and Section 345.02, as amended by Ordinance No. 2215-96, passed April 7, 1997, passed April 7, 1997, relating to state licensed medical marijuana cultivators, processers, retail dispensaries, and testing laboratories. (O 1009-17) ...... 1451

Memoranda of Understanding ( M.O.U. )

Authorizing the Director of Public Safety to enter into a Memorandum of Understanding for Mutual Aid with the Ohio Adjutant General’s Department for the Ohio National Guard Counterdrug Task Force to provide a Guard analyst to assist the City’s Narcotics Unit in the Division of Police. (O 849-17) ...... 1472-1505

Museums

Authorizing the Director of Port Control to lease certain property located at 1201 North Marginal Road to the Cleveland Coordinating Committee for the Cod, Inc. for the purpose of operating a submarine museum, for a term of two years with three one year options to renew, the first of which would require additional legislative authority. (O 944-17) ...... 1439

National Air Show

Authorizing the Director of Port Control to enter into a property adoption agreement with the Cleveland National Air Show Foundation for the display of two statue type F 4 fighter planes on property located near the entrance of Cleveland Burke Lakefront Airport, including maintenance of the property, for a period of five years, with five one year options to renew, exercisable by the Director of Port Control. (O 943-17) ...... 1439 1527 98 The City Record August 23, 2017

Northeast Ohio Advanced Energy District

Approving the addition of certain property to the Northeast Ohio Advanced Energy District; accepting a petition and plan from a lessee in the District identifying a special energy improvement project, and approving the petition and plan as owner of property in the District; declaring it necessary to conduct the special energy improvement project; providing for the assessment of the cost and expense of such special energy improvement project; and authorizing the Director of Economic Development to enter into a Cooperative Agreement and a Special Assessment Agreement to implement the project; and declaring an emergency. (O 936-17) ...... 1436

Oath of Office

Oath of Office for Kimberly Roy Wilson, Commissioner of Information Technology and Services. (F 915-17) ...... 1433

Office of Equal Opportunity ( O. E. O. )

From Mayor’s Office of Equal Opportunity, City of Cleveland. 2016 Annual Report. (F 913-17) ...... 1433

Ohio Department of Public Health

Authorizing the Director of Public Health to enter into contract with the Ohio Department of Health to perform investigations of violations regarding smoking in workplaces and other public places. (O 860-17) ...... 1472-1505

Ohio Housing Finance Agency ( O.H.F.A. )

From Michael Shea, Executive Director, Western Reserve Revitalization and Management Company, Inc. Notice of plans to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as Riverside Park Phase II, 17800 Parkmount Avenue, Cleveland, Ohio. (F 997-17) ...... 1433

Opportunity Corridor

Authorizing the Director of Economic Development to apply for and accept one or more grants from JobsOhio and/or Ohio Development Services Agency or other public entity, for environmental assistance for proposed redevelopment in the Opportunity Corridor; and authorizing contracts with various developers, or their designees, to implement the project. (O 839-17) ...... 1471-1503

Peddlers

Authorizing the issuance of a Mobile Permit to Lennis Gibson of Big Dogs T’s and Treats to engage in mobile vending in Ward 2. (O 1003-17) ...... 1462-1511 Authorizing the issuance of a Mobile Permit to Malachy Nzekwe of Mr. Happy Days Ice Cream to engage in mobile vending in Ward 2. (O 1004-17) ...... 1462-1511 Authorizing the issuance of a Mobile Permit to Timothy Ruble of Bulldog Ice Cream to engage in mobile vending/frozen dessert in Ward 16. (O 970-17) ...... 1460-1509 Authorizing the issuance of a Temporary Mobile Permit to Walter T Snow (Anthem Health Insurance) to engage in mobile vending in Ward 7. (O 1005-17) ...... 1462-1511

Permits

Authorizing the Director of Capital Projects to issue a permit to Buray, LLC to encroach into the public right of way of West 25th Street by installing, using, and maintaining an entrance canopy and a building projection. (O 934-17) ...... 1435 Authorizing the Director of Capital Projects to issue a permit to Case Western Reserve University to encroach into the public right of way of East 101st Street and East 105th Street by installing, using, and maintaining utility crossings. (O 642-17) ...... 1470-1495 Authorizing the Director of Capital Projects to issue a permit to Destination Cleveland to encroach into the public right of way within the Gordon Square Area by installing, using, and maintaining four way finding signs, and electrical duct banks and a permit to Studios at 78th Street, LLC to encroach into the public right of way within the Gordon Square Area by installing, using, and maintaining one lantern art sculpture. (O 933-17) ...... 1434 Authorizing the issuance of a Mobile Permit to Lennis Gibson of Big Dogs T’s and Treats to engage in mobile vending in Ward 2. (O 1003-17) ...... 1462-1511 Authorizing the issuance of a Mobile Permit to Malachy Nzekwe of Mr. Happy Days Ice Cream to engage in mobile vending in Ward 2. (O 1004-17) ...... 1462-1511 Authorizing the issuance of a Mobile Permit to Timothy Ruble of Bulldog Ice Cream to engage in mobile vending/frozen dessert in Ward 16. (O 970-17) ...... 1460-1509 Authorizing the issuance of a Temporary Mobile Permit to Walter T Snow (Anthem Health Insurance) to engage in mobile vending in Ward 7. (O 1005-17) ...... 1462-1511 1528 August 23, 2017 The City Record 99

Plats

Dedication Plat for East 59th Street Widening Plat, East 59th Street from Euclid Avenue to Chester Avenue. Approved by Committees on Municipal Services and Properties, and Development Planning and Sustainability. Without objection, Plat approved. (F 1002-17) ...... 1433 Dedication Plat for West 20th Street Townhomes Subdivision, West 20th Street and Follett Court. Approved by Committees on Municipal Services and Properties, and Development Planning and Sustainability. Without objection, Plat approved. (F 916-17) ...... 1433

Police Division

Authorizing the Director of Public Safety to enter into a Memorandum of Understanding for Mutual Aid with the Ohio Adjutant General’s Department for the Ohio National Guard Counterdrug Task Force to provide a Guard analyst to assist the City’s Narcotics Unit in the Division of Police. (O 849-17) ...... 1472-1505 Authorizing the Secretary of the Civil Service Commission to employ one or more professional consultants to develop, administer, and grade promotional examinations for the Division of Police, Department of Public Safety, and executed no later than December 31, 2018. (O 863-17) ...... 1472-1506

Police Review Board

Appointing one member to the Civilian Police Review Board. (R 989-17) ...... 1467-1488

Port Control Department

Authorizing the Director of Port Control to employ one or more professional consultants to provide temporary or seasonal personnel, for a period of one year, with three one year options to renew, the second of which would require additional legislative authority. (O 845-17) ...... 1471-1504 Authorizing the Director of Port Control to enter into an amendment to the existing Lease Agreement with I X Center Corporation to extend the term of the lease for one year until August 31, 2020, remove all remaining option terms, reduce the base rent for one year, and return approximately 31 acres of the leased premises to the City of Cleveland. (O 1001-17) ...... 1461-1511 Authorizing the Director of Port Control to enter into one or more contracts with Fire Force, Inc. for professional services necessary to provide the Airport rescue and firefighting personnel annual FAA certification training, for a period of one year, with three one year options to renew, the second of which would require additional legislative authority. (O 843-17) ...... 1471-1504 Authorizing the Director of Port Control to exercise the first option to renew Contract No. RC 2016 9 with Fabrizi Recycling, Inc. to provide for the rental of heavy duty equipment, snow removal equipment, and equipment operators. (O 939-17) ...... 1437 Authorizing the Director of Port Control to exercise the first options to renew various contracts for the requirements for services and materials necessary to maintain and repair vehicles, trucks, and various types of equipment, including labor and installation, for the Department of Port Control. (O 941-17) ...... 1438 Authorizing the Director of Port Control to lease certain property located at 1201 North Marginal Road to the Cleveland Coordinating Committee for the Cod, Inc. for the purpose of operating a submarine museum, for a term of two years with three one year options to renew, the first of which would require additional legislative authority. (O 944-17) ...... 1439 Authorizing the purchase by one or more requirement contracts of labor and materials needed to repair or replace floors and floor coverings at Cleveland Hopkins International Airport and Burke Lakefront Airport, for a period of two years, with two additional one year options to renew, the first of which shall require additional legislative authority. (O 942-17) ...... 1438

Professional Services

Authorizing the Director of Community Development to enter into contracts for Commercial Revitalization and rebate, grant, and/or loan agreements with Storefront Renovation Program applicants; to employ one or more professional consultants to implement the program; and to enter into agreements for eligible costs to community development corporations for implementation of the Storefront Renovation and Commercial Revitalization Programs. (O 832-17) ...... 1471-1500 Authorizing the Director of Finance to employ one or more professional consultants for the administration of Family and Medical Leave Act benefits for City employees, for a period of one year, with a one year option to renew, exercisable by the Director of Finance. (O 995-17) ...... 1451 Authorizing the Director of Finance, on behalf of the Community Police Commission, to employ one or more professional consultants to provide the Community Police Commission with organization and operational assistance, to assess and develop a strategic vision and written plan for the commission, and to provide other related services, for a period of one year. (O 955-17) ...... 1443 Authorizing the Director of Port Control to employ one or more professional consultants to provide temporary or seasonal personnel, for a period of one year, with three one year options to renew, the second of which would require additional legislative authority. (O 845-17) ...... 1471-1504 1529 100 The City Record August 23, 2017

Authorizing the Director of Port Control to enter into one or more contracts with Fire Force, Inc. for professional services necessary to provide the Airport rescue and firefighting personnel annual FAA certification training, for a period of one year, with three one year options to renew, the second of which would require additional legislative authority. (O 843-17) ...... 1471-1504 Authorizing the Director of Public Health to apply for and accept a grant from the Bureau of Justice Assistance Program for the Cleveland Opioid Response and Action Plan Grant; authorizing the Director to enter into one or more contracts with Dr. Johnnie Rose for professional services needed to implement the grant. (O 848-17) ...... 1472-1504 Authorizing the Director of Public Utilities to employ one or more professional consultants to provide temporary personnel, for a period of one year, with two one year options to renew, the second of which would require additional legislative authority. (O 946-17) ...... 1439 Authorizing the Secretary of the Civil Service Commission to employ one or more professional consultants to develop, administer, and grade promotional examinations for the Division of Police, Department of Public Safety, and executed no later than December 31, 2018. (O 863-17) ...... 1472-1506

Public Works

Appropriating Community Development Block Grant funds for expenses for the Project Clean Program; and authorizing the Director of Public Works to enter into one or more contracts with various agencies to implement the Program. (O 830-17) ...... 1471-1500 Authorizing the Director of the Department of Public Works to enter into an agreement with the Polish American Cultural Center for the Pope John Paul II Statue Project for the Polish American Cultural Garden through the use of Ward 12 Casino Revenue Funds. (O 1000-17) ...... 1461-1510 Authorizing the Directors of Public Works and Finance to enter into agreement to enter into one or more contracts with the Cleveland Metropolitan School District to conduct educational, recreational and extracurricular programming through the use of Ward 13 Neighborhood Capital Funds, Neighborhood Equity Funds, Casino Revenue Funds and Neighborhood Development Funds. (O 1012-17) ...... 1454 Authorizing the Directors of Public Works and Public Safety, as appropriate, to enter into one or more license agreements with Mount Pleasant Now Development Corporation, or its designee, to use and occupy City owned properties and ongoing maintenance of historical informational marker signs at Luke Easter Park, Alexander Hamilton Recreation Center, and the Fourth District Police Station. (O 948-17) ...... 1440 Authorizing the purchase by one or more contracts of carts for the automated waste collection and curbside recycling, for the Division of Waste Collection and Disposal, Department of Public Works. (O 861-17) ...... 1472-1506 Ratifying and approving the emergency purchase of steam boilers for the West Side Market; and authorizing the purchase of the labor and materials necessary to install the new boilers and the demolition and removal of existing ones, for the Office of Capital Projects or Department of Public Works, as appropriate. (O 992-17) ...... 1460-1510

Purchases and Supplies Division

Authorizing the Commissioner of Purchases and Supplies to acquire and re convey properties presently owned by CAC Project 2014 Limited Liability Company, or its designee, located at 1118-1148 Euclid Avenue, for the purpose of entering into the chain of title prior to the adoption of tax increment financing legislation authorized under Section 5709.41 of the Revised Code. (O 935-17) ...... 1435

Recognition

Recognition Resolution for 1st Annual St. Stephenfest Concert (R 1034-17) ...... 1434 Recognition Resolution for 23rd Ohio Volunteer Infantry Regiment Marker (R 1033-17) ...... 1434

Reports

From Mayor’s Office of Equal Opportunity, City of Cleveland. 2016 Annual Report. (F 913-17) ...... 1433

Resolution of Support

Appointing one member to the Civilian Police Review Board. (R 989-17) ...... 1467-1488 Approving the formation of a new special improvement district in the City; accepting petitions from owners of property in the proposed district; revising and approving the Articles of Incorporation for the Ohio nonprofit corporation to be set up to govern the new district; approving the initial comprehensive services plan for the new district; declaring it necessary to provide cleaning and safety services; office, retail and residential development; and marketing for the district; providing for an assessment for the cost of such work upon benefited property in the district; and declaring an emergency. (R 834-17) ...... 1473-1482

Resolutions - Miscellaneous

Opposing the proposed ban of transgender people in the military. (R 1010-17) ...... 1468-1489 1530 August 23, 2017 The City Record 101

Safety Department

Authorizing the Director of Public Safety to enter into a Memorandum of Understanding for Mutual Aid with the Ohio Adjutant General’s Department for the Ohio National Guard Counterdrug Task Force to provide a Guard analyst to assist the City’s Narcotics Unit in the Division of Police. (O 849-17) ...... 1472-1505 Authorizing the Director of Public Safety to enter into an agreement with Slavic Village Development Corporation to allow and accept landscaping improvements at Fire Station No. 13 located at 4952 Broadway Avenue, as a gift to the City; and authorizing the director to enter into a property adoption agreement with Slavic Village Development Corporation to maintain the improvements it installs at the location. (O 850-17) ...... 1472-1505 Authorizing the Directors of Public Works and Public Safety, as appropriate, to enter into one or more license agreements with Mount Pleasant Now Development Corporation, or its designee, to use and occupy City owned properties and ongoing maintenance of historical informational marker signs at Luke Easter Park, Alexander Hamilton Recreation Center, and the Fourth District Police Station. (O 948-17) ...... 1440 From Director Michael McGrath, Department of Public Safety, City of Cleveland. Notice of acceptance of a gift of four pallets of bottled water, valued at approximately $480, from Justin Weaver, Ice River Springs Water. (F 911-17) ...... 1433

Salaries

Approving the collective bargaining agreement with the Teamsters Local 507; and to amend Section 9 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, relating to compensation for various classifications. (O 949-17) ...... 1457-1507 To amend Section 35 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 952-17) ...... 1442 To amend Section 48 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 950-17) ...... 1441 To amend Section 50 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 951-17) ...... 1441 To amend Section 7 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 823-17) ...... 1470-1498

Shaker Square Development Corporation

Authorizing the Director of the Department of Community Development to enter into agreement with Shaker Square Development Corporation for the SHAD Connection Newsletter Project through the use of Ward 6 Casino Revenue Funds. (O 967-17) ...... 1459-1509

Slavic Village Development Corporation

Authorizing the Director of Public Safety to enter into an agreement with Slavic Village Development Corporation to allow and accept landscaping improvements at Fire Station No. 13 located at 4952 Broadway Avenue, as a gift to the City; and authorizing the director to enter into a property adoption agreement with Slavic Village Development Corporation to maintain the improvements it installs at the location. (O 850-17) ...... 1472-1505

Smoking

Authorizing the Director of Public Health to enter into contract with the Ohio Department of Health to perform investigations of violations regarding smoking in workplaces and other public places. (O 860-17) ...... 1472-1505

Special Improvement District

Approving the formation of a new special improvement district in the City; accepting petitions from owners of property in the proposed district; revising and approving the Articles of Incorporation for the Ohio nonprofit corporation to be set up to govern the new district; approving the initial comprehensive services plan for the new district; declaring it necessary to provide cleaning and safety services; office, retail and residential development; and marketing for the district; providing for an assessment for the cost of such work upon benefited property in the district; and declaring an emergency. (R 834-17) ...... 1473-1482

Street Vacation

Declaring the intent to vacate a portion of Grand Avenue S.E., East 64th Place and East 65th Street. (R 931-17) ...... 1455 Declaring the intent to vacate a portion of Washington Avenue. (R 932-17) ...... 1456

Streets - Name

Designating East 146th Street between St. Clair Avenue and Aspinwall Avenue with a secondary and honorary designation of “Robert Godwin Sr. Way”. (O 836-17) ...... 1471-1501 To add the name “Rev. Dr. A. Charles Bowie Way” as a secondary and honorary name to East 100th Street between Euclid Avenue and Carnegie Avenue. (O 998-17) ...... 1451 1531 102 The City Record August 23, 2017

To add the name “Thomas R. and Louise Boddie Way” as a secondary and honorary name to East 124th Street between Union Avenue and Corlett Avenue. (O 958-17) ...... 1444 To add the name Alma Cooper Way as a secondary and honorary name to Hulda Avenue from Woodhill Road to East 110th Street. (O 763-17) ...... 1470-1496

Tax Abatement

Authorizing the Director of Economic Development to enter into an Enterprise Zone Agreement with Nova Tube and Steel LLC, and/or its designee, to provide for tax abatement for certain real property improvements for the development of a tube mill manufacturing facility in the Cuyahoga Valley Industrial Center located at I 77 and Pershing Avenue in the Cleveland Area Enterprise Zone. (O 938-17) ...... 1437

Tax Increment Financing ( TIF )

Authorizing the Commissioner of Purchases and Supplies to acquire and re convey properties presently owned by CAC Project 2014 Limited Liability Company, or its designee, located at 1118-1148 Euclid Avenue, for the purpose of entering into the chain of title prior to the adoption of tax increment financing legislation authorized under Section 5709.41 of the Revised Code. (O 935-17) ...... 1435

Tax Levies

Accepting the amounts and rates as determined by the Cuyahoga County Budget Commission and authorizing the necessary tax levies and certifying them to the County Fiscal Officer. (R 953-17) ...... 1456

Taxes

Requesting the County Fiscal Officer to make advances during the year 2018, pursuant to Section 321.34, Ohio Revised Code. (R 954-17) ...... 1457

United States Department of Homeland Security

Authorizing the Director of Public Health to apply for and accept a grant from the United States Department of Homeland Security for FY 2018 Biowatch Program. (O 847-17) ...... 1472-1504

Urban League of Greater Cleveland

Authorizing the Director of Economic Development to enter into one or more agreements with JumpStart, Inc., Economic and Community Development Institute, Inc., and Urban League of Greater Cleveland, Inc., or their designees, to assist with neighborhood entrepreneurship and workforce development. (O 564-17) ...... 1470-1495

US Military

Opposing the proposed ban of transgender people in the military. (R 1010-17) ...... 1468-1489

Utilities Department

Authorizing the Director of Public Utilities to employ one or more professional consultants to provide temporary personnel, for a period of one year, with two one year options to renew, the second of which would require additional legislative authority. (O 946-17) ...... 1439 Authorizing the Director of Public Utilities to enter into one or more contracts without competitive bidding with Hach Company to maintain, service, calibrate, refurbish, and test various scientific and in line process analytical instruments manufactured by Hach Company used to monitor the drinking water purification process, for the Division of Water, Department of Public Utilities, for a period of two years, with an option to renew for an additional one year period, which shall require additional legislation. (O 824-17) ...... 1470-1499 Authorizing the purchase by one or more requirement contracts of landscape materials, supplies, and services, including labor and materials, needed to maintain, test, install, replace, improve, restore, and refurbish landscaping and tree lawns located at City owned or leased Public Utility facilities and City right of ways, for the Divisions of Water, Water Pollution Control, and Cleveland Public Power, Department of Public Utilities, for a period up to two years, with two one year options to renew, the first of which shall require additional legislative authority. (O 947-17) ...... 1440

Ward 01

Appreciation Resolution for Reverend Ronald A. Lee (R 1037-17) ...... 1434 Authorizing the Director of the Department of Community Development to enter into an agreement with Ohio University for the Aspiring Doctors Pre-College Program through the use of Ward 1 Casino Revenue Funds. (O 961-17) ...... 1458-1507 Condolence Resolution for Joan Shaver Washington (R 1020-17) ...... 1434 1532 August 23, 2017 The City Record 103

Condolence Resolution for Lyman Hedrick Parker (R 1021-17) ...... 1434 Condolence Resolution for Timothy J. Melena (R 1023-17) ...... 1434 Condolence Resolution for Wilbert Lee Whitt (R 1019-17) ...... 1434 Congratulations Resolution for George E. Purefoy 90th Birthday (R 1031-17) ...... 1434 Rescinding the designation of Robert Fulton Elementary School as a Cleveland Landmark. (O 864-17) ...... 1472-1506

Ward 02

#1030064. New License Application, C1. Bshara Food LLC, 4098 East 131st St. (Ward 2). (F 927-17) ...... 1434 #26312750205. New License Application, C1. Family Dollar Stores of Ohio, Inc., 9302 Miles Ave. (Ward 2). (F 918-17) ...... 1434 #4118908. Transfer of Ownership Application, D5. Ibex Transportation LLC, 2218 Broadview Rd. (Ward 12). (F 921-17) ...... 1434 Authorizing the Director of the Department of Community Development to enter into agreement with the Greater Cleveland Urban Film Foundation for the Greater Cleveland Urban Film Festival Workshop Series through the use of Wards 2, 3, 4, 6, 7, 9, 10, 14, 15, 16 and 17 Casino Revenue Funds. (O 962-17) ...... 1458-1508 Authorizing the issuance of a Mobile Permit to Lennis Gibson of Big Dogs T’s and Treats to engage in mobile vending in Ward 2. (O 1003-17) ...... 1462-1511 Authorizing the issuance of a Mobile Permit to Malachy Nzekwe of Mr. Happy Days Ice Cream to engage in mobile vending in Ward 2. (O 1004-17) ...... 1462-1511 Condolence Resolution for Joan Shaver Washington (R 1020-17) ...... 1434 Condolence Resolution for Lenora Cole (R 1022-17) ...... 1434 Condolence Resolution for Timothy J. Melena (R 1023-17) ...... 1434 Objecting to a New C1 Liquor Permit at 9302 Miles Avenue. (R 972-17) ...... 1462-1483

Ward 03

#24553530001. New License Application, D3. 84 Charing Cross, Inc., 2258 Professor St. (Ward 3). (F 920-17) ...... 1434 #24553530001. Transfer of Location Application, D1 D2. 84 Charing Cross, Inc., 2258 Professor Ave. (Ward 3). (F 926-17) ...... 1434 #4254640. New License Application, D5J. Jawbone Partners LLC, 1059 Old River Rd. (Ward 3). (F 929-17) ...... 1434 #6208991. New License Application, D3. Mr. Kringle Co. LLC, 230 W. Huron Rd. (Ward 3). (F 1011-17) ...... 1434 Amending the Title and Sections 1 and 2 of Ordinance No. 457-17 passed April 24, 2017 as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with Cleveland Public Theatre for the Station Hope Storytelling Project through the use of Wards 3 and 14 Casino Revenue Funds. (O 963-17) ...... 1458-1508 Appreciation Resolution for Lindsay Smetana (R 1036-17) ...... 1434 Authorizing the Commissioner of Purchases and Supplies to acquire and re convey properties presently owned by CAC Project 2014 Limited Liability Company, or its designee, located at 1118-1148 Euclid Avenue, for the purpose of entering into the chain of title prior to the adoption of tax increment financing legislation authorized under Section 5709.41 of the Revised Code. (O 935-17) ...... 1435 Authorizing the Director of Capital Projects to issue a permit to Buray, LLC to encroach into the public right of way of West 25th Street by installing, using, and maintaining an entrance canopy and a building projection. (O 934-17) ...... 1435 Authorizing the Director of Port Control to lease certain property located at 1201 North Marginal Road to the Cleveland Coordinating Committee for the Cod, Inc. for the purpose of operating a submarine museum, for a term of two years with three one year options to renew, the first of which would require additional legislative authority. (O 944-17) ...... 1439 Authorizing the Director of the Department of Community Development to enter into agreement with the Greater Cleveland Urban Film Foundation for the Greater Cleveland Urban Film Festival Workshop Series through the use of Wards 2, 3, 4, 6, 7, 9, 10, 14, 15, 16 and 17 Casino Revenue Funds. (O 962-17) ...... 1458-1508 Changing the Use, Area and Height Districts of lands in the Walworth Run area, along the Cuyahoga River south of Carter Road and along West 14th Street (Map Change No. 2560). (O 439-17) ...... 1472-1489 Changing the Use, Area and Height Districts south of Fairfield Avenue between West 14th Street and West 11th Street, and adding the Urban Form Overlay (Map Change 2559). (O 812-17) ...... 1473-1496 Condolence Resolution for Joan Shaver Washington (R 1020-17) ...... 1434 Condolence Resolution for Timothy J. Melena (R 1023-17) ...... 1434 Declaring the intent to vacate a portion of Washington Avenue. (R 932-17) ...... 1456 Dedication Plat for West 20th Street Townhomes Subdivision, West 20th Street and Follett Court. Approved by Committees on Municipal Services and Properties, and Development Planning and Sustainability. Without objection, Plat approved. (F 916-17) ...... 1433 Designating St. John Cantius Parish Convent (aka the Matt Talbot Inn) as a Cleveland Landmark. (O 814-17) ...... 1470-1497 Welcome Resolution for 83rd Infantry Division 100th Anniversary and 71st Annual Reunion (R 1040-17) ...... 1434 1533 104 The City Record August 23, 2017

Ward 04

Authorizing the Director of the Department of Community Development to enter into agreement with the Greater Cleveland Urban Film Foundation for the Greater Cleveland Urban Film Festival Workshop Series through the use of Wards 2, 3, 4, 6, 7, 9, 10, 14, 15, 16 and 17 Casino Revenue Funds. (O 962-17) ...... 1458-1508 Condolence Resolution for Joan Shaver Washington (R 1020-17) ...... 1434 Condolence Resolution for Lenora Cole (R 1022-17) ...... 1434 Condolence Resolution for Nellie Lee Williams (R 1015-17) ...... 1434 Condolence Resolution for Timothy J. Melena (R 1023-17) ...... 1434 Congratulations Resolution for Zion Hill Missionary Baptist Church 100th Anniversary (R 1027-17) ...... 1434 Objecting to the renewal of a C1 and C2 Liquor Permit at 3258 East 140th Street. (R 973-17) ...... 1463-1484 Objecting to the renewal of a C1, C2 and D6 Liquor Permit at 12408 Union Avenue, Unit A. (R 974-17) ...... 1463-1484 To add the name “Thomas R. and Louise Boddie Way” as a secondary and honorary name to East 124th Street between Union Avenue and Corlett Avenue. (O 958-17) ...... 1444

Ward 05

Authorizing the Director of the Department of Community Development to enter into agreement with Brick City Productions or with its fiscal agent Famicos Foundation, for the Papa Resource and Education Expo through the use of Wards 5 and 9 Casino Revenue Funds. (O 965-17) ...... 1459-1508 Commemoration Resolution for Priscilla Elizabeth Walton (R 1038-17) ...... 1434 Condolence Resolution for Joan Shaver Washington (R 1020-17) ...... 1434 Condolence Resolution for Timothy J. Melena (R 1023-17) ...... 1434 Congratulations Resolution for Mary Lee Gray 85th Birthday (R 1032-17) ...... 1434 Congratulations Resolution for Mildred Lowe 80th Birthday (R 1025-17) ...... 1434 Declaring the intent to vacate a portion of Grand Avenue S.E., East 64th Place and East 65th Street. (R 931-17) ...... 1455 Dedication Plat for East 59th Street Widening Plat, East 59th Street from Euclid Avenue to Chester Avenue. Approved by Committees on Municipal Services and Properties, and Development Planning and Sustainability. Without objection, Plat approved. (F 1002-17) ...... 1433 Recognition Resolution for 23rd Ohio Volunteer Infantry Regiment Marker (R 1033-17) ...... 1434

Ward 06

Authorizing the Director of Capital Projects the Office of Capital Projects to enter into an agreement with Fairfax Renaissance Development Corporation for the Frank and Hudson Avenues Extension project through the use of Ward 6 Restricted Income Tax Funds. (O 968-17) ...... 1460-1509 Authorizing the Director of the Department of Community Development to enter into agreement with the Greater Cleveland Urban Film Foundation for the Greater Cleveland Urban Film Festival Workshop Series through the use of Wards 2, 3, 4, 6, 7, 9, 10, 14, 15, 16 and 17 Casino Revenue Funds. (O 962-17) ...... 1458-1508 Condolence Resolution for Joan Shaver Washington (R 1020-17) ...... 1434 Condolence Resolution for Timothy J. Melena (R 1023-17) ...... 1434 Congratulations Resolution for Case Western Reserve University School of Dental Medicine (R 1026-17) ...... 1434 Objecting to a New C2 Liquor Permit at 2603 Woodhill Road. (R 975-17) ...... 1463-1484 To add the name “Rev. Dr. A. Charles Bowie Way” as a secondary and honorary name to East 100th Street between Euclid Avenue and Carnegie Avenue. (O 998-17) ...... 1451 To add the name Alma Cooper Way as a secondary and honorary name to Hulda Avenue from Woodhill Road to East 110th Street. (O 763-17) ...... 1470-1496 To amend Sections 3 and 10 of Ordinance No. 733-17, passed July 12, 2017, to provide financial assistance to Simon’s Supermarket, or its designee, for redeveloping the vacant grocery store at 11501 Buckeye Road as a full service supermarket. (O 937-17) ...... 1457-1507

Ward 07

#26312750080. New License Application, C1. Family Dollar Stores of Ohio, Inc., 3407 Payne Ave. (Ward 7). (F 917-17) ...... 1434 Authorizing the Director of Capital Projects to issue a permit to Case Western Reserve University to encroach into the public right of way of East 101st Street and East 105th Street by installing, using, and maintaining utility crossings. (O 642-17) ...... 1470-1495 Authorizing the Director of the Department of Community Development to enter into agreement with the Greater Cleveland Urban Film Foundation for the Greater Cleveland Urban Film Festival Workshop Series through the use of Wards 2, 3, 4, 6, 7, 9, 10, 14, 15, 16 and 17 Casino Revenue Funds. (O 962-17) ...... 1458-1508 Authorizing the issuance of a Temporary Mobile Permit to Walter T Snow (Anthem Health Insurance) to engage in mobile vending in Ward 7. (O 1005-17) ...... 1462-1511 Commemoration Resolution for Antoine Allen, Jr. (R 1039-17) ...... 1434 Condolence Resolution for Andrew Easley (R 1013-17) ...... 1434 Condolence Resolution for Joan Shaver Washington (R 1020-17) ...... 1434 Condolence Resolution for Timothy J. Melena (R 1023-17) ...... 1434 Withdrawing objection to the transfer of ownership of a C2 and C2X Liquor Permit at 1905 East 55th Street and repealing Resolution No. 392-17 objecting to said permit. (R 976-17) ...... 1464-1484 1534 August 23, 2017 The City Record 105

Ward 08

Condolence Resolution for Joan Shaver Washington (R 1020-17) ...... 1434 Condolence Resolution for Timothy J. Melena (R 1023-17) ...... 1434 Congratulations Resolution for Antoinette (Latessa) Linden 104th Birthday (R 1030-17) ...... 1434 Congratulations Resolution for Lt. Jonathan J. Parries, CFD (R 1029-17) ...... 1434 Objecting to the renewal of a C1 and C2 Liquor Permit at 870 East 185th Street. (R 981-17) ...... 1465-1486 Objecting to the renewal of a C1 and C2 Liquor Permit at 910 East 185th Street. (R 982-17) ...... 1465-1486 Welcome Resolution for 83rd Infantry Division 100th Anniversary and 71st Annual Reunion (R 1040-17) ...... 1434

Ward 09

Authorizing an agreement with Famicos Foundation to acquire certain property located near East 105th Street and Ashbury Avenue for future development. (O 557-17) ...... 1469-1492 Authorizing the Director of the Department of Community Development to enter into agreement with the Greater Cleveland Urban Film Foundation for the Greater Cleveland Urban Film Festival Workshop Series through the use of Wards 2, 3, 4, 6, 7, 9, 10, 14, 15, 16 and 17 Casino Revenue Funds. (O 962-17) ...... 1458-1508 Condolence Resolution for Joan Shaver Washington (R 1020-17) ...... 1434 Condolence Resolution for Timothy J. Melena (R 1023-17) ...... 1434 Withdrawing objection to a New C1 Liquor Permit at 7914-16 St. Clair Avenue and repealing Resolution No. 373-17, objecting to said permit. (R 986-17) ...... 1467-1487 Withdrawing objection to the transfer of ownership of a C2 and C2X Liquor Permit at 891 Lakeview Road and repealing Resolution No. 324-17 objecting to said permit. (R 987-17) ...... 1467-1488

Ward 10

Authorizing the Director of the Department of Community Development to enter into agreement with the Greater Cleveland Urban Film Foundation for the Greater Cleveland Urban Film Festival Workshop Series through the use of Wards 2, 3, 4, 6, 7, 9, 10, 14, 15, 16 and 17 Casino Revenue Funds. (O 962-17) ...... 1458-1508 Condolence Resolution for Joan Shaver Washington (R 1020-17) ...... 1434 Condolence Resolution for Timothy J. Melena (R 1023-17) ...... 1434 Condolence Resolution for Wesley Frieson, Jr. (R 1014-17) ...... 1434 Designating Beulah Baptist Church (aka Collinwood Church of Christ) as a Cleveland Landmark. (O 816-17) ...... 1470-1498 Designating East 146th Street between St. Clair Avenue and Aspinwall Avenue with a secondary and honorary designation of “Robert Godwin Sr. Way”. (O 836-17) ...... 1471-1501 Designating St. Philip Neri Church, Rectory and School as a Cleveland Landmark. (O 959-17) ...... 1444

Ward 11

#8798595. Transfer of License Application, D5. Tapatias Food LLC, 12501 Lorain Ave. (Ward 11). (F 930-17) ...... 1434 Authorizing the Director of Economic Development to enter into a grant agreement with the Detroit Shoreway Community Development Organization, or its designee, to provide economic development assistance to partially finance the redevelopment of the Variety Theatre. (O 993-17) ...... 1451 Authorizing the Director of the Department of Community Development to enter into agreement with Westown Community Development Corporation for the Westown CDC Code Enforcement Program through the use of Ward 11 Casino Revenue Funds. (O 969-17) ...... 1460-1509 Condolence Resolution for Joan Shaver Washington (R 1020-17) ...... 1434 Condolence Resolution for Timothy J. Melena (R 1023-17) ...... 1434 Expanding the coverage area for the West 117th Street Design Review District to include additional parcels along West 112th Street, West 114th Street, West 115th Street, and Franklin Boulevard (Map Change No. 2571). (O 991-17) ...... 1454

Ward 12

#8912747. Stock Application, D5. 3614 East 65th, Inc., 3614 East 65th St. (Ward 12). (F 928-17) ...... 1434 Appreciation Resolution for Lindsay Smetana (R 1036-17) ...... 1434 Authorizing the Director of Economic Development to enter into an Enterprise Zone Agreement with Chester Ave Hotel LLC, or its designee, to provide for tax abatement for certain real property improvements as an incentive to construct a hotel to be located on the northwest corner of East 101st Street and Chester Avenue in the Cleveland Area Enterprise Zone. (O 841-17) ...... 1471-1503 Authorizing the Director of the Department of Public Works to enter into an agreement with the Polish American Cultural Center for the Pope John Paul II Statue Project for the Polish American Cultural Garden through the use of Ward 12 Casino Revenue Funds. (O 1000-17) ...... 1461-1510 Condolence Resolution for Joan Shaver Washington (R 1020-17) ...... 1434 Condolence Resolution for Timothy J. Melena (R 1023-17) ...... 1434 Objecting to the renewal of a C1 and C2 Liquor Permit at 1303 Clark Avenue. (R 983-17) ...... 1466-1486 Objecting to the renewal of a C1 and C2 Liquor Permit at 6506 Fleet Avenue. (R 985-17) ...... 1466-1487 Objecting to the renewal of a D2, D2X, D3 and D3A Liquor Permit at 3924 East 71st Street, 1st floor. (R 984-17) ...... 1466-1487 Objecting to the transfer of ownership of a D5 Liquor Permit to 2218 Broadview Road. (R 977-17) ...... 1464-1485 1535 106 The City Record August 23, 2017

Ward 13

Authorizing the Directors of Public Works and Finance to enter into agreement to enter into one or more contracts with the Cleveland Metropolitan School District to conduct educational, recreational and extracurricular programming through the use of Ward 13 Neighborhood Capital Funds, Neighborhood Equity Funds, Casino Revenue Funds and Neighborhood Development Funds. (O 1012-17) ...... 1454 Condolence Resolution for Joan Shaver Washington (R 1020-17) ...... 1434 Condolence Resolution for The Honorable Judge Eugenia “Jean” Murrell Capers (R 1018-17) ...... 1434 Condolence Resolution for The Honorable Judge Pauline H. Tarver (R 1017-17) ...... 1434 Condolence Resolution for Timothy J. Melena (R 1023-17) ...... 1434 Congratulations Resolution for William M. Denihan (R 1028-17) ...... 1434 Welcome Resolution for 83rd Infantry Division 100th Anniversary and 71st Annual Reunion (R 1040-17) ...... 1434

Ward 14

#26312750200. New License Application, C1. Family Dollar Stores of Ohio, Inc., 2704 Clark Ave. (Ward 14). (F 919-17) ...... 1434 Amending the Title and Sections 1 and 2 of Ordinance No. 457-17 passed April 24, 2017 as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with Cleveland Public Theatre for the Station Hope Storytelling Project through the use of Wards 3 and 14 Casino Revenue Funds. (O 963-17) ...... 1458-1508 Authorizing the Director of the Department of Community Development to enter into agreement with the Greater Cleveland Urban Film Foundation for the Greater Cleveland Urban Film Festival Workshop Series through the use of Wards 2, 3, 4, 6, 7, 9, 10, 14, 15, 16 and 17 Casino Revenue Funds. (O 962-17) ...... 1458-1508 Condolence Resolution for Joan Shaver Washington (R 1020-17) ...... 1434 Condolence Resolution for Timothy J. Melena (R 1023-17) ...... 1434 Objecting to a New C1 Liquor Permit at 2704 Clark Avenue. (R 978-17) ...... 1464-1485

Ward 15

#6349219. Transfer of Ownership Application, D5 D6. Thomas J. Nevits, 10511 Western Ave. (Ward 15). (F 924-17) ...... 1434 Authorizing the Director of Capital Projects to issue a permit to Destination Cleveland to encroach into the public right of way within the Gordon Square Area by installing, using, and maintaining four way finding signs, and electrical duct banks and a permit to Studios at 78th Street, LLC to encroach into the public right of way within the Gordon Square Area by installing, using, and maintaining one lantern art sculpture. (O 933-17) ...... 1434 Authorizing the Director of the Department of Community Development to enter into agreement with the Greater Cleveland Urban Film Foundation for the Greater Cleveland Urban Film Festival Workshop Series through the use of Wards 2, 3, 4, 6, 7, 9, 10, 14, 15, 16 and 17 Casino Revenue Funds. (O 962-17) ...... 1458-1508 Condolence Resolution for Joan Shaver Washington (R 1020-17) ...... 1434 Condolence Resolution for Miriam Ortiz Rush (R 1024-17) ...... 1434 Condolence Resolution for Timothy J. Melena (R 1023-17) ...... 1434 Designating the Liberty H. Ware House as a Cleveland Landmark. (O 960-17) ...... 1444 Expanding the coverage area for the West 117th Street Design Review District to include additional parcels along West 112th Street, West 114th Street, West 115th Street, and Franklin Boulevard (Map Change No. 2571). (O 991-17) ...... 1454 Objecting to the renewal of a C1 Liquor Permit at 1871 77 West 65th Street, 1st floor and basement. (R 1006-17) ...... 1468-1488 Objecting to the renewal of a D1, D2, D3, D3A and D6 Liquor Permit at 7932 36 Lorain Avenue, 1st floor and basement. (R 1007-17) ...... 1468-1488 Objecting to the renewal of a D2 and D2X Liquor Permit at 8002 Detroit Avenue. (R 1008-17) ...... 1468-1489 Recognition Resolution for 1st Annual St. Stephenfest Concert (R 1034-17) ...... 1434 To amend the Battery Park Planned Unit Development (PUD) for lands designated as a PUD District in Ord. 1964 04. (O 833-17) ...... 1473-1501 Withdrawing objection to the renewal of a D5 and D6 Liquor Permit at 11526 11528 Clifton Boulevard and repealing Resolution No. 980-16 objecting to said renewal. (R 979-17) ...... 1465-1485

Ward 16

Appreciation Resolution for Shawn Briggs (R 1035-17) ...... 1434 Authorizing the Director of the Department of Community Development to enter into agreement with the Greater Cleveland Urban Film Foundation for the Greater Cleveland Urban Film Festival Workshop Series through the use of Wards 2, 3, 4, 6, 7, 9, 10, 14, 15, 16 and 17 Casino Revenue Funds. (O 962-17) ...... 1458-1508 Authorizing the issuance of a Mobile Permit to Timothy Ruble of Bulldog Ice Cream to engage in mobile vending/frozen dessert in Ward 16. (O 970-17) ...... 1460-1509 Condolence Resolution for Joan Shaver Washington (R 1020-17) ...... 1434 Condolence Resolution for Kyle James Matthew Braun (R 1016-17) ...... 1434 Condolence Resolution for Timothy J. Melena (R 1023-17) ...... 1434 Withdrawing objection to the transfer of ownership of a C1 Liquor Permit at 4382 West 130th Street and repealing Resolution No. 368-17 objecting to said permit. (R 980-17) ...... 1465-1486 1536 August 23, 2017 The City Record 107

Ward 17

#0082502. Transfer of Ownership Application, D5J D6. Air Ventures LLC, 5300 Riverside Dr. (Ward 17). (F 925-17) ...... 1434 #6548245. Economic Development Transfer Application, D5 D67. 15816 Lorain LLC, 15813 Lorain Ave. (Ward 17). (F 922-17) ...... 1434 #6550246. Stock Application, D5 D6. -17219 Lorain Ave. Corp.,-17219 Lorain Ave. (Ward 17). (F 923-17) ...... 1434 Authorizing the Director of the Department of Community Development to enter into agreement with the Greater Cleveland Urban Film Foundation for the Greater Cleveland Urban Film Festival Workshop Series through the use of Wards 2, 3, 4, 6, 7, 9, 10, 14, 15, 16 and 17 Casino Revenue Funds. (O 962-17) ...... 1458-1508 Condolence Resolution for Joan Shaver Washington (R 1020-17) ...... 1434 Condolence Resolution for Timothy J. Melena (R 1023-17) ...... 1434 From Michael Shea, Executive Director, Western Reserve Revitalization and Management Company, Inc. Notice of plans to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as Riverside Park Phase II, 17800 Parkmount Avenue, Cleveland, Ohio. (F 997-17) ...... 1433

Waste Collection and Disposal Division

Authorizing the Director of Public Health to apply for and accept a grant from Cuyahoga County Solid Waste Management District for the 2018-20 Solid Waste Disposal Program. (O 945-17) ...... 1439 Authorizing the purchase by one or more contracts of carts for the automated waste collection and curbside recycling, for the Division of Waste Collection and Disposal, Department of Public Works. (O 861-17) ...... 1472-1506

Water Division

Authorizing the Director of Public Utilities to enter into one or more contracts without competitive bidding with Hach Company to maintain, service, calibrate, refurbish, and test various scientific and in line process analytical instruments manufactured by Hach Company used to monitor the drinking water purification process, for the Division of Water, Department of Public Utilities, for a period of two years, with an option to renew for an additional one year period, which shall require additional legislation. (O 824-17) ...... 1470-1499 Authorizing the purchase by one or more requirement contracts of landscape materials, supplies, and services, including labor and materials, needed to maintain, test, install, replace, improve, restore, and refurbish landscaping and tree lawns located at City owned or leased Public Utility facilities and City right of ways, for the Divisions of Water, Water Pollution Control, and Cleveland Public Power, Department of Public Utilities, for a period up to two years, with two one year options to renew, the first of which shall require additional legislative authority. (O 947-17) ...... 1440

Water Pollution Control Division ( WPC )

Authorizing the purchase by one or more requirement contracts of landscape materials, supplies, and services, including labor and materials, needed to maintain, test, install, replace, improve, restore, and refurbish landscaping and tree lawns located at City owned or leased Public Utility facilities and City right of ways, for the Divisions of Water, Water Pollution Control, and Cleveland Public Power, Department of Public Utilities, for a period up to two years, with two one year options to renew, the first of which shall require additional legislative authority. (O 947-17) ...... 1440

Welcome

Welcome Resolution for 83rd Infantry Division 100th Anniversary and 71st Annual Reunion (R 1040-17) ...... 1434

West Side Market

Ratifying and approving the emergency purchase of steam boilers for the West Side Market; and authorizing the purchase of the labor and materials necessary to install the new boilers and the demolition and removal of existing ones, for the Office of Capital Projects or Department of Public Works, as appropriate. (O 992-17) ...... 1460-1510

Westown Community Development Corporation

Authorizing the Director of the Department of Community Development to enter into agreement with Westown Community Development Corporation for the Westown CDC Code Enforcement Program through the use of Ward 11 Casino Revenue Funds. (O 969-17) ...... 1460-1509

Zoning

Changing the Use, Area and Height Districts of lands in the Walworth Run area, along the Cuyahoga River south of Carter Road and along West 14th Street (Map Change No. 2560). (O 439-17) ...... 1472-1489 1537 108 The City Record August 23, 2017

Changing the Use, Area and Height Districts south of Fairfield Avenue between West 14th Street and West 11th Street, and adding the Urban Form Overlay (Map Change 2559). (O 812-17) ...... 1473-1496 Expanding the coverage area for the West 117th Street Design Review District to include additional parcels along West 112th Street, West 114th Street, West 115th Street, and Franklin Boulevard (Map Change No. 2571). (O 991-17) ...... 1454 To amend the Battery Park Planned Unit Development (PUD) for lands designated as a PUD District in Ord. 1964 04. (O 833-17) ...... 1473-1501

Zoning Code

To supplement the Codified Ordinances of Cleveland, Ohio, 1976 by enacting new Section 347.19 and to amend Section 343.11 of the Codified Ordinances of Cleveland Ohio, 1976, as amended by Ordinance No. 1396-14, passed December 10, 2014 and Section 345.02, as amended by Ordinance No. 2215-96, passed April 7, 1997, passed April 7, 1997, relating to state licensed medical marijuana cultivators, processers, retail dispensaries, and testing laboratories. (O 1009-17) ...... 1451

1538