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

October the Twelfth, Two Thousand and Eleven

The City Record is available online at Frank G. Jackson www.clevelandcitycouncil.org Mayor Martin J. Sweeney President of Council Containing PAGE Patricia J. Britt City Council 3 City Clerk, Clerk of Council The Calendar 12 Board of Control 13 Ward Name Civil Service 15 1 Terrell H. Pruitt Board of Zoning Appeals 15 2 Zachary Reed Board of Building Standards 3 Joe Cimperman and Building Appeals 16 4 Kenneth L. Johnson Public Notice 16 5 Phyllis E. Cleveland Public Hearings 16 6 Mamie J. Mitchell City of Cleveland Bids 16 7 TJ Dow Adopted Resolutions 8 Jeffrey D. Johnson and Ordinances 17 9 Kevin Conwell Committee Meetings 26 Index 27 10 Eugene R. Miller 11 Michael D. Polensek 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Brian J. Cummins 15 Matthew Zone 16 Jay Westbrook 17 Dona Brady 18 Martin J. Sweeney 19 Martin J. Keane

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

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 98 WEDNESDAY, OCTOBER 12, 2011 No. 5105 CITY COUNCIL MONDAY, OCTOBER 10, 2011

The City Record 1:30 P.M. — City Planning Com - COUNCIL RE-APPOINTMENT Published weekly by the City Clerk, mittee: Cleveland, Chair; Westbrook, Clerk of Council under authority Vice Chair; Brady, Conwell, Dow, File No. 1458-11. of the Charter of the Keane, Zone. City of Cleveland October 10, 2011 The City Record is available The following Committees are Cleveland City Councilmembers online at subject to the Call of the Chair: City Hall, Room 220 www.clevelandcitycouncil.org Rules Committee: Sweeney, Chair; Address all communications to Cleveland, Keane, Polensek, Pruitt. Dear Councilmembers: PATRICIA J. BRITT Personnel and Operations Commit - City Clerk, Clerk of Council tee: Westbrook, Chair; Conwell, K. I am writing to recommend re- 216 City Hall Johnson, Kelley, Mitchell, Sweeney, appointment of Ronnie A. Dunn to Zone. the Board of Commissioners of the PERMANENT SCHEDULE Cuyahoga Metropolitan Housing STANDING COMMITTEES Mayor’s Appointment Committee: Authority (CMHA) for the term Dow, Chair; Cleveland, Kelley, Mil - beginning on October 25, 2011 and OF THE COUNCIL ler, Sweeney. concluding on October 24, 2014. For 2010-2013 your information, attached is his resume; as you can see, he brings MONDAY — Alternating OFFICIAL PROCEEDINGS valuable perspective and policy 9:30 A.M. — Public Parks, Proper - CITY COUNCIL expertise to the Board. ties, and Recreation Committee: K. ______This nomination will be up for Johnson, Chair; Conwell, Vice Chair; consideration by Council this Brancatelli, Cimperman, Dow, Polen - Cleveland, Ohio evening. sek, Reed. Monday, October 10 , 2011 9:30 A.M. — Health and Human The meeting of the Council was Sincerely, Services Committee: Cimperman, called to order, The President, Mar - Martin J. Sweeney, Chair; J. Johnson, Vice Chair; Con - tin J. Sweeney in the Chair. Council President well, Keane, Kelley, Reed, Zone. Council Members present: Brady, 11:00 A.M. — Public Service Com - Received. mittee: Miller, Chair; Cummins, Vice Brancatelli, Cimperman, Cleveland, Chair; Cleveland, Dow, K. Johnson, Conwell, Cummins, Dow, J. Johnson, Keane, Polensek, Pruitt, Sweeney. K. Johnson, Keane, Kelley, Miller, Without objection, Council re- 11:00 A.M. — Legislation Commit - Mitchell, Polensek, Pruitt, Reed, appointment approved. Yeas 19. tee: Mitchell, Chair; K. Johnson, Sweeney, Westbrook and Zone. Nays 0. Vice Chair; Brancatelli, Cimperman, Also present were Mayor Frank G. Cleveland, Reed, Sweeney. Jackson, Ken Silliman, Chief of COMMUNICATIONS Staff, Darnell Brown, Chief Operat - MONDAY ing Officer, Valarie J. McCall, Chief File No. 1451-11. of Government Affairs, Chris War - From Director of Public Safety 2:00 P.M. — Finance Committee: Department. Acceptance of $500 ren, Chief of Regional Development, Swee ney, Chair; Kelley, Vice Chair; grant from the American Society of Monyka S. Price, Chief of Education, Brady, Brancatelli, Cleveland, Keane, Prevention to Cruelty to Animals Miller, Mitchell, Polensek, Pruitt, Maureen Harper, Chief of Communi - (ASPCA) on behalf of Cleveland Westbrook. cations, Andrea V. Taylor, Press Sec - Division of Animal Services. retary, Andrew Watterson, Chief of TUESDAY Received. Sustainability, Natoya J. Walker- 9:30 A.M. — Community and Eco - Minor, Chief of Public Affairs – File No. 1452-11. nomic Development Committee: Bran- Interim Director of Office of Equal From Harvey G. Oppmann – Neal catelli, Chair; Dow, Vice Chair; Cim - Opportunity, and Interim Law Direc - Terrance Apartments, 8811 Detroit perman, Cummins, J. Johnson, Miller, tor Langhenry, Directors Dumas, Avenue, Ward 16 — notification let - Pruitt, Westbrook, Zone. Withers, Smith, Wasik, Butler, Cox, ter as general partner of residential 1:30 P.M. — Employment, Affir - Rush, Southerington, Nichols, Grif - rental development project and uti - mative Action and Training Com - fin, Brown, Fumich, Lucille Ambroz, lizing multifamily funding pro - mittee: Pruitt, Chair; Miller, Vice Secretary, Civil Service Commission. grams of the Ohio Housing Finance Chair; Cummins, J. Johnson, K. Agency (OHIA). Received. Johnson, Westbrook. Pursuant to Ordinance No. 2926-76, WEDNESDAY — Alternating the opening prayer was offered by File No. 1453-11. From Harvey G. Oppmann – Boule - Pastor Gerald L. Gray, Sr. of vard Terrace Apartments, 10119 10:00 A.M. — Aviation and Trans - Williams Temple Church of God in portation Committee: Keane, Chair; Detroit Avenue, Ward 17 — notifi - Christ, located at 6812 Woodland Pruitt, Vice Chair; Cummins, J. John - cation letter as general partner of Avenue in Ward 6. Pledge of Alle - son, K. Johnson, Kelley, Mitchell. residential rental development pro - 10:00 A.M. — Public Safety Com - giance. ject and utilizing multifamily fund - mittee: Conwell, Chair; Polensek, ing programs of the Ohio Housing Vice Chair; Brady, Cleveland, Cum - MOTION Finance Agency (OHIA). Received. mins, Dow, Miller, Mitchell, Zone. On the motion of Council Member File No. 1459-11. WEDNESDAY — Alternating Brancatelli, the reading of the min - From Director of Public Safety 1:30 P.M. — Public Utilities Com - utes of the last meeting was dis - Department. Acceptance of $4,500 mittee: Kelley, Chair; Brady, Vice pensed with and the journal grant from Ohio Department of Pub - Chair; Conwell, Cummins, Dow, Mil - approved. Seconded by Council Mem - lic Safety, Emergency Medical Ser - ler, Polensek, Pruitt, Westbrook. ber Cleveland. vices. Received. 1647 4 The City Record October 12, 2011

FROM THE DEPARTMENT OF File No. 1429-11. for internet sweepstakes operations LIQUOR CONTROL From: Lonya Moss Walker — in the City of Cleveland, until April Interim Commissioner of Accounts. 18, 2011; and File No. 1415-11. Received. Whereas, under Ordinance No. 508- Re: #41828740010 — Transfer of 11, passed April 11, 2011, this Council Ownership Application, D2, D2X, D3, File No. 1430-11. extended the moratorium declared by D3A, D6, JRR & R, Inc., & Patio, From: Chris Garland — Commis - Ordinance No. 1367-10 until October 24, 14731 Miles Avenue. (Ward 1). sioner of Neighborhood Develop - 2011; and Received. ment. Received. Whereas, this Council is consider - ing an ordinance to regulate internet File No. 1416-11. CONDOLENCE RESOLUTION sweepstakes operations including Re: #9263876 — Transfer of Own - their classification under the City’s ership Application, D1, D2, D3, D6 The rules were suspended and the zoning code, and possible regulations Viaduct Lounge, LLC, 5th Fl, E. following Resolution was adopted End, Ste 520 & Patio, 2100 Superior associated with their activities, by a rising vote: Viaduct. (Ward 3). Received. including but not limited to spacing requirement, parking requirements Res. No. 1460-11— James L. Stewart File No. 1417-11. and hours of operation; and; Re: #1845797 — Transfer of Own - Whereas, this ordinance constitutes CONGRATULATION RESOLUTIONS ership Application, D1, D2, D3, D3A, an emergency measure for the imme - Cull Long & Michalak, LLC, d.b.a. diate preservation of the public peace, The rules were suspended and the Duck Island Club, 1st Fl, 2102 Free - property, health, safety, or welfare in following Resolutions were adopted man Avenue. (Ward 3). Received. that an extension of the moratorium without objection: on such internet sweepstakes opera - File No. 1418-11. tions for another six month period Res. No. 1461-11— Maya Simer. Re: #0720570 — Transfer of Own - will allow Council to continue to con - Res. No. 1462-11— Scott Rosenstein. ership Application, D2, D2X, D3, sider reasonable regulations of inter - Res. No. 1463-11— Rev. Allen V. D3A, D6, Bishoff Management, LLC, net sweepstakes operations; now, Harris. 850 Euclid Avenue, Suite 123. (Ward therefore Res. No. 1464-11— R. Matthew 3). Received. Be it ordained by the Council of Walsh, M.D. the City of Cleveland: Res. No. 1465-11— Mary Beth File No. 1419-11. Section 1. That the moratorium on Schwarz. Re: #3242965 — New Application, the review and issuance of zoning Res. No. 1466-11— Brian Patrick C1, Craig Goines, d.b.a. Baileys Cor - permits, certificates of occupancy, Thornton. ner, 11201 Forest. (Ward 4). and other license or permit applica - Res. No. 1467-11— Brian Tupaz. Received. tions for internet sweepstakes oper - Res. No. 1468-11— Sherry Bowman. ations in the City of Cleveland declared under Ordinance No. 1367- File No. 1420-11. Res. No. 1469-11— Nickie J. Anto - 10 passed October 18, 2010, is here - Re: #90530790001 — Transfer of nio. by extended until the effective date Location Application, D2, D2X, D3, Res. No. 1470-11— Det. Keith of an ordinance or law regulating D3A, Triple Threat, Inc., d.b.a. Club Thompson - Badge #1532. internet sweepstakes operations, or Odyssey, 6735 St. Clair Avenue. Res. No. 1471-11— Det. Charlotte A. until April 24, 2012, whichever date (Ward 7) Received. Perkins - Badge #533. occurs first. RECOGNITION RESOLUTIONS Section 2. That, as used in this ordi - File No. 1421-11. nance, “internet sweepstakes opera - Re: #0049274 — Transfer of Loca - The rules were suspended and the tions” shall have the same meaning as tion Application, D1, D2, D3, D3A, in Ordinance 1367-10. D6, Accropolis Restaurant & Taver - following Resolutions were adopted without objection: Section 3. That this ordinance is na, LTD, d.b.a. Acropolis Restaurant hereby declared to be an emergency & Taverna, 6021 Memphis Avenue. measure and, provided it receives the (Ward 13) Received. Res. No. 1472-11— Oliver Luck. Res. No. 1473-11— Elizabeth Bap - affirmative vote of two-thirds of all tist Church. the members elected to Council, it File No. 1422-11. shall take effect and be in force imme - Re: #8917129 — Transfer of Own - Res. No. 1474-11— 6th Annual Lebanese American Heritage Ball. diately upon its passage and approval ership Application, D5, 3194 Tavern, by the Mayor; otherwise it shall take LLC, d.b.a. Stumble Inn, 3194 W.25th effect and be in force from and after APPRECIATION RESOLUTION St, 1st Fl. & Bsmt., 3194 W. 25th St, the earliest period allowed by law. 1st Fl & Bsmt. (Ward 14) Received. Referred to Directors of Finance, The rules were suspended and the Law; Committees on Legislation, following Resolution was adopted File No. 1423-11. Finance. without objection: Re: #8359480 — Transfer of Own - ership Application, D2, D2X, D3, Ord. No. 1432-11. Res. No. 1475-11— Roosevelt C. D3A, D6, Sol Services, LLC, 1st Fl & By Council Member Sweeney (by Woods. Bsmt & Patio, 5800, 5806, 5808, 5810 departmental request). Detroit Avenue. (Ward 15) An emergency ordinance authoriz - WELCOME RESOLUTION Received. ing the Director of Finance to exer - cise the fourth option to renew Con - The rules were suspended and the tract Nos. 61149, 61150, 61151, and File No. 1424-11. following Resolution was adopted Re: #7645020 — Transfer of Own - 61152 with AT & T for Centrex sup - without objection: port, maintenance, installation, ership Application, C1, C2, D6, Sadio, design, and repair of circuits, special Inc., d.b.a. Suleymans Market, 1st Fl Res. No. 1476-11— Patriarch Mar circuits, relocation of demarcation & Bsmt. 5509 and 5603 Detroit Bechara Boutros al-Rahi. sites and to provide for recurring ser - Avenue. (Ward 15) Received. vice-related costs, for the various divi - FIRST READING EMERGENCY sions of City government. File No. 1425-11. ORDINANCES REFERRED Whereas, under the authority of Re: #6547795 — Transfer of Own - Ordinance No. 1881-07, passed Novem - ership Application, D5, D6, 105th Ord. No. 1431-11. ber 26, 2007, as amended by Ordinance Street Bar & Grill, LLC, 3021 W. By Mayor Jackson and Council No. 403-08, passed April 7, 2008, the 105th Street. (Ward 16) Received. Members Brancatelli, Cleveland, J. Director of Finance entered into Con - Johnson, Mitchell, Dow, Zone and tract Nos. 61149, 61150, 61151, and OATHS OF OFFICE Sweeney. 61152 with AT & T for Centrex sup - An emergency ordinance to extend port, maintenance, installation, File No. 1426-11. the moratorium on the review and design, and repair of circuits, special From: George Baker — Commis - issuance of zoning permits, certifi - circuits, relocation of demarcation sioner of Air Quality. Received. cates of occupancy, and other license sites and to provide for recurring ser - or permit applications for internet vice-related costs, for the various divi - File No. 1427-11. sweepstakes operations in the City of sions of City government; and From: Pamela Cross — Commis - Cleveland. Whereas, Ordinance No. 1881-07, sioner of Environment. Received. Whereas, under Ordinance No. 1367- passed November 26, 2007, as amended 10, passed October 10, 2010, this Coun - by Ordinance No. 403-08, passed April File No. 1428-11. cil declared a moratorium on the 7, 2008, requires further legislation From: Chantez Williams — Assis - review and issuance of zoning per - before exercising the fourth one-year tant Commissioner of Environment. mits, certificates of occupancy, and option to renew each of these con - Received. other license or permit applications tracts; and 1648 October 12, 2011 The City Record 5

Whereas, this ordinance constitutes Cuyahoga County and Case Western similar small objects except as tempo - an emergency measure providing for Reserve University to implement the rary displays specifically authorized the usual daily operation of a munici - grant. for carnivals and open-air festivals pal department; now, therefore, Whereas, this ordinance constitutes under Section 329.07 and for new busi - Be it ordained by the Council of an emergency measure providing for nesses under division (c) of Section the City of Cleveland: the usual daily operation of a munici - 350.20. Section 1. That the Director of pal department; now, therefore, (b) Signs imitating or resembling Finance is authorized to exercise Be it ordained by the Council of official traffic or government signs the fourth option to renew Contract the City of Cleveland: and signals. No. 61149 for an additional year with Section 1. That the Director of (c) Signs attached to trees, rocks or AT & T for Centrex support, main - Finance, on behalf of Cleveland natural formations or public property tenance, installation, design, and Municipal Court, is authorized to including but not limited to utility repair of circuits, special circuits, apply for and accept a grant in the poles, benches, trash containers and relocation of demarcation sites and approximate amount of $1,110,340, parking meters, except as specifical - to provide for recurring service- and any other funds that may ly authorized by the City. related costs, for the various divi - become available during the grant (d) Moving, revolving or flashing sions of City government. term from the Substance Abuse Men - signs except as provided in Section Section 2. That the Director of tal Health Services Administration 350.10(l)(5), Section 350.16, and Sec - Finance is authorized to exercise the to conduct the Adult Treatment tion 350.161 governing wall murals. fourth option to renew Contract No. Court Collaborative Program; that (e) Signs attached to any con - 61150 for an additional year with AT the Director is authorized to file all demned structure, as defined in Sec - & T for Centrex support, mainte - papers and execute all documents tion 363.29 or any structure con - nance, installation, design, and repair necessary to receive the funds under demned or declared a nuisance struc - of circuits, special circuits, relocation the grant; and that the funds are ture pursuant to Section 3103.09. of demarcation sites and to provide (f) Wall murals except as provided for recurring service-related costs, for appropriated for the purposes described in the application for the in Section 350.161. the various divisions of the Depart - Section 2. That existing Section ment of Public Safety which are not grant contained in the file described 350.06 of the Codified Ordinances of covered under Section 1 of this ordi - below. Cleveland, Ohio, 1976, as amended by nance. Section 2. That the application for Ordinance No. 1282-06, passed Novem - Section 3. That the Director of the grant, File No. 1433-11-A, made a ber 27, 2006, is repealed. Finance is authorized to exercise the part of this ordinance as if fully Section 3. That this ordinance is fourth option to renew Contract No. rewritten, as presented to the Finance declared to be an emergency measure 61151 for an additional year with AT Committee of this Council at the pub - and, provided it receives the affirma - & T for Centrex support, mainte - lic hearing on this legislation, is tive vote of two-thirds of all the mem - nance, installation, design, and repair approved in all respects and shall not bers elected to Council, it shall take of circuits, special circuits, relocation be changed without additional leg - effect and be in force immediately of demarcation sites and to provide islative authority. upon its passage and approval by the for recurring service-related costs, for Section 3. That the Director of Mayor; otherwise it shall take effect the various divisions of the Depart - Finance, on behalf of the Cleveland and be in force from and after the ear - ment of Port Control. Municipal Court, is authorized to liest period allowed by law. Section 4. That the Director of enter into one or more contracts with Referred to Directors of City Plan - Finance is authorized to exercise the Cuyahoga County and Case Western ning Commission, Finance, Law; Com - fourth option to renew Contract No. Reserve University to implement the mittees on City Planning, Legisla - 61152 for an additional year with AT grant as described in the file. tion, Finance. & T for Centrex support, mainte - Section 4. That the costs of the con - tract or contracts authorized by this nance, installation, design, and repair Ord. No. 1435-11. ordinance shall be paid from the fund of circuits, special circuits, relocation By Council Members Keane and or funds to which are credited the of demarcation sites and to provide Sweeney (by departmental request). grant proceeds accepted under this for recurring service-related costs, for An emergency ordinance to amend ordinance. the various divisions of the Depart - the title, and Sections 1, 2, 3, and 7 of Section 5. That this ordinance is ment of Public Works which are not Ordinance No. 499-10, passed June 7, covered under Section 1 of this ordi - declared to be an emergency measure 2010, as amended by Ordinance No. nance. and, provided it receives the affirma - 1624-10, passed December 6, 2010, Section 5. That the cost of the ser - tive vote of two-thirds of all the mem - relating to contracts with profession - vices to be performed during the bers elected to Council, it shall take al consultants, computer software fourth optional renewal years of the effect and be in force immediately developers, or vendors to acquire contracts’ terms shall not exceed upon its passage and approval by the licenses for mandatory environmen - $3,500,000. Mayor; otherwise it shall take effect tal compliance at Cleveland Hopkins Section 6. That this ordinance con - and be in force from and after the ear - International Airport, Burke Lake - stitutes the additional legislative liest period allowed by law. front Airport, and the Division of Har - authority required under Ordinance Referred to Directors of Finance, bors, and other services necessary for No. 1881-07, passed November 26, 2007, Law; Committee on Finance. the compliance, and authorizing vari - as amended by Ordinance No. 403-08, ous written standard purchase and passed April 7, 2008, to exercise these Ord. No. 1434-11. requirement contracts. options to renew. By Council Members Cleveland, Whereas, this ordinance constitutes Section 7. That this ordinance is Dow and Sweeney (by departmental an emergency measure providing for declared to be an emergency measure request. the usual daily operation of a munici - and, provided it receives the affirma - An emergency ordinance to amend pal department; now, therefore, tive vote of two-thirds of all the mem - Section 350.06 of the Codified Ordi - Be it ordained by the Council of bers elected to Council, it shall take nances of Cleveland, Ohio, 1976, as the City of Cleveland: effect and be in force immediately amended by Ordinance No. 1282-06, Section 1. That the title, and Sec - upon its passage and approval by the passed November 27, 2006, relating to tions 1, 2, 3, and 7 of Ordinance No. Mayor; otherwise it shall take effect prohibited signs. 499-10, passed June 7, 2010, as and be in force from and after the ear - Whereas, this ordinance constitutes amended by Ordinance No. 1624-10, liest period allowed by law. an emergency measure providing for passed December 6, 2010, are amend - Referred to Directors of Finance, the usual daily operation of a munici - ed as follows: Law; Committee on Finance. pal department; now, therefore, Authorizing the Director of Port Be it ordained by the Council of Control to employ one or more profes - Ord. No. 1433-11. the City of Cleveland: sional consultants, computer soft - By Council Member Sweeney (by Section 1. That Section 350.06 of ware developers, or vendors to departmental request. the Codified Ordinances of Cleve - acquire licenses for mandatory envi - An emergency ordinance authoriz - land, Ohio, 1976, as amended by ronmental compliance at Cleveland ing the Director of Finance, on behalf Ordinance No. 1282-06, passed Hopkins International Airport, Burke of Cleveland Municipal Court, to November 27, 2006, is amended to Lakefront Airport, and the Division of apply for and accept a grant from the read as follows: Harbors and to perform other services Substance Abuse Mental Health Ser - Section 350.06 Prohibited Signs necessary for the compliance; and vices Administration for the Adult The following types of signs are authorizing the Director to enter into Treatment Court Collaborative Pro - prohibited in all zoning districts: various written standard purchase gram; and authorizing the director to (a) Strips of pennants, propellers, and requirement contracts, for ser - enter into one or more contracts with pinwheels, streamers, balloons and vices, purchase, and training neces - 1649 6 The City Record October 12, 2011 sary for the compliance, for a period Section 7. That the contract or con - Section 5. That this ordinance is of three years, with two one-year tracts authorized under this ordi - declared to be an emergency measure options to renew, the first of which is nance shall be entered into by Decem - and, provided it receives the affirma - exercisable through additional legis - ber 31, 2016 . tive vote of two-thirds of all the mem - lation , for the Department of Port Section 2. That the existing title, bers elected to Council, it shall take Control. and Sections 1, 2, 3, and 7 of Ordinance effect and be in force immediately Section 1. That the Director of Port No. 499-10, passed June 7, 2010, as upon its passage and approval by the Control is authorized to enter into one amended by Ordinance No. 1624-10, Mayor; otherwise it shall take effect or more standard purchase or require - passed December 6, 2010, are and be in force from and after the ear - ment contracts for a period of three repealed. liest period allowed by law. years, with two one-year options to Section 3. That this ordinance is Referred to Directors of Capital renew , duly let to the lowest and best declared to be an emergency measure Projects, City Planning Commission, bidder after competitive bidding for and, provided it receives the affirma - Finance, Law; Committees on Public materials, equipment, supplies, ser - tive vote of two-thirds of all the mem - Service, City Planning, Finance. vices, and training necessary to com - bers elected to Council, it shall take ply with local, state, and federal envi - effect and be in force immediately Ord. No. 1437-11. ronmental requirements necessary to upon its passage and approval by the By Council Members Conwell and maintain operating status and to Mayor; otherwise it shall take effect Sweeney (by departmental request). avoid serious penalties for non-com - and be in force from and after the ear - An emergency ordinance authoriz - pliance at Cleveland Hopkins Inter - liest period allowed by law. ing the Director of Public Safety to national Airport, Burke Lakefront Referred to Directors of Port Con - accept a grant from the Department Airport, and the Division of Harbors, trol, Finance, Law; Committees on of Justice, Office of Community Ori - Department of Port Control. The first Aviation and Transportation, ented Policing Services, for the COPS of the one-year options to renew may Finance. Hiring Program. not be exercised without additional Whereas, this ordinance constitutes legislative authority. If such addi - Ord. No. 1436-11. an emergency measure providing for tional legislative authority is granted By Council Members J. Johnson, the usual daily operation of a munici - and the first of the one-year options to Miller, Cleveland and Sweeney (by pal department; now, therefore, renew is exercised, then the second of departmental request). Be it ordained by the Council of the one-year options to renew may be An emergency ordinance authoriz - the City of Cleveland: exercisable at the option of the Direc - ing the Director of Capital Projects to Section 1. That the Director of tor of Port Control, without the neces - issue a permit to Cleveland State Uni - Public Safety is authorized to accept sity of obtaining additional authority versity to encroach into the public a grant from the Department of Jus - of this Council. right-of-way of Euclid Avenue by tice, Office of Community Oriented Section 2. That the Director of Port installing, using, and maintaining a Policing Services, in the approxi - Control is authorized to employ by welcome sign. mate amount of $5,864,275 and other contract or contracts one or more con - Whereas, this ordinance constitutes funds that become available during sultants or one or more firms of con - an emergency measure providing for the grant term, to conduct the COPS sultants for the purpose of supple - menting the regularly employed staff the usual daily operation of a munici - Hiring Program; that the Director is of the several departments of the City pal department; now, therefore, authorized to file all papers and of Cleveland in order to provide pro - Be it ordained by the Council of execute all documents necessary to fessional services necessary to com - the City of Cleveland: receive the funds under the grant; ply with local, state, and federal envi - Section 1. That the Director of and that the funds are appropriated ronmental requirements necessary to Capital Projects is authorized to for the purposes described in the maintain operating status and to issue a permit, revocable at the will grant proposal contained in the file avoid serious penalties for non-com - of Council, to Cleveland State Uni - described below. pliance at Cleveland Hopkins Inter - versity, 2121 Euclid Avenue, Cleve - Section 2. That the grant proposal national Airport, Burke Lakefront land, Ohio 44115 (“Permittee”), to for the grant, File No. 1437-11-A, made Airport, and the Division of Harbors, encroach into the public right-of- a part of this ordinance as if fully Department of Port Control, for a peri - way of Euclid Avenue by installing, rewritten, as presented to the Finance od of three years, with two-one year using, and maintaining a welcome Committee of this Council at the pub - options to renew. The first of the one- sign at the following location: lic hearing on this legislation, is year options to renew may not be In front of the Cleveland State Uni - approved in all respects and shall not exercised without additional legisla - versity Welcome Center located at be changed without additional leg - tive authority. If such additional leg - 2398 Euclid Avenue. islative authority. islative authority is granted and the To be located 56.78 feet south of the Section 3. That the Director of Pub - first of the one-year options to renew centerline of Euclid Avenue and 14.03 lic Safety shall have the authority to is exercised, then the second of the feet west of the centerline of East extend the term of the grant if the one-year options to renew may be 24th street north extension does not involve an exercisable at the option of the Direc - Legal Description approved by increase in the dollar amount of the tor of Port Control, without the neces - Greg Esber, Section Chief, Plats, Sur - grant specified above. sity of obtaining additional authority veys and House Numbering Section. Section 4. That this ordinance is of this Council. Section 2. That Permittee may declared to be an emergency measure Section 3. That the Director of Port assign the permit only with the prior and, provided it receives the affirma - Control is authorized to acquire by written consent of the Director of tive vote of two-thirds of all the mem - contract or contracts with one or more Capital Projects. That the encroach - bers elected to Council, it shall take software developers or vendors or one ing structure(s) permitted by this effect and be in force immediately or more firms of software developers ordinance shall conform to plans and upon its passage and approval by the or vendors, the software licenses, specifications approved by the Man - Mayor; otherwise it shall take effect upgrades, technical support, and ager of Engineering and Construc - and be in force from and after the ear - maintenance necessary to develop tion. That Permittee shall obtain all liest period allowed by law. and maintain hosting environmental other required permits, including but Referred to Directors of Public management systems at the Depart - not limited to Building Permits, Safety, Finance, Law; Committees on ment of Port Control, including Cleve - before installing the Public Safety, Finance. land Hopkins International Airport, encroachment(s). Burke Lakefront Airport, and the Section 3. That the Director of Law Ord. No. 1438-11. Division of Harbors, for the purposes shall prepare the permit authorized By Council Members Conwell and of this section, for a period of three by this ordinance and shall incorpo - Sweeney (by departmental request). years, with two-one year options to rate such additional provisions as the An emergency ordinance authoriz - renew. The first of the one-year director determines necessary to pro - ing the Director of Public Safety to options to renew may not be exercised tect and benefit the public interest. apply for and accept a grant from the without additional legislative author - The permit shall be issued only when, Department of Justice Violence ity. If such additional legislative in the opinion of the Director of Law, Against Women Act through the authority is granted and the first of Permittee has properly indemnified County Criminal Justice Services the one-year options to renew is exer - the City against any loss that may Agency for the 2012 Cleveland Domes - cised, then the second of the one-year result from the encroachment(s) per - tic Violence Program; and authoriz - options to renew may be exercisable mitted. ing the Director to enter into one or at the option of the Director of Port Section 4. That the permit shall more contracts with Cuyahoga Coun - Control, without the necessity of reserve to the City reasonable right of ty to implement the grant. obtaining additional authority of this entry to the encroachment Whereas, this ordinance constitutes Council. location(s). an emergency measure providing for 1650 October 12, 2011 The City Record 7 the usual daily operation of a munici - of this ordinance as if fully rewritten, Ord. No. 1441-11. pal department; now, therefore, including the obligation of the City of By Council Members Conwell and Be it ordained by the Council of Cleveland to provide cash matching Sweeney (by departmental request). the City of Cleveland: funds in the amount of $33,566.58 from An emergency ordinance authoriz - Section 1. That the Director of Fund Nos. 10 SF 025, 10 SF 027, and 10 ing the Director of Public Safety to Public Safety is authorized to apply SF 049, is approved in all respects and apply for and accept a grant from the for and accept a grant in the shall not be changed without addi - Ohio Office of Criminal Justice Ser - amount of $119,098 from the Depart - tional legislative authority. vices for the FY 2011 Byrne Memorial ment of Justice Violence Against Section 3. That the Director of Pub - Justice Assistance Grant: Local Solic - Women Act through the County lic Safety shall have the authority to itation; authorizing the purchase by Criminal Justice Services Agency to extend the term of the grant if the one or more requirement contracts of conduct the 2012 Cleveland Domes - extension does not involve an various types of equipment; and tic Violence Program; that the Direc - increase in the dollar amount of the authorizing one or more contracts tor is authorized to file all papers grant specified above. with Cuyahoga County, the Cities of and execute all documents neces - Section 4. That this ordinance is Euclid, Parma, Lakewood, Garfield sary to receive the funds under the declared to be an emergency measure Heights, the Police Executive grant; and that the funds are appro - and, provided it receives the affirma - Research Forum, and other agencies priated for the purposes described in tive vote of two-thirds of all the mem - and entities needed to implement the the subgrant application for the bers elected to Council, it shall take grant. grant contained in the file described effect and be in force immediately Whereas, this ordinance constitutes below. an emergency measure providing for upon its passage and approval by the Section 2. That the subgrant appli - the usual daily operation of a munici - Mayor; otherwise it shall take effect cation for the grant, File No. 1438-11- pal department; now, therefore, and be in force from and after the ear - A, made a part of this ordinance as if Be it ordained by the Council of liest period allowed by law. fully rewritten, as presented to the the City of Cleveland: Referred to Directors of Public Finance Committee of this Council at Section 1. That the Director of Safety, Finance, Law; Committees on the public hearing on this legislation, Public Safety is authorized to apply Public Safety, Finance. including the obligation of the City of for and accept a grant in the Cleveland to provide cash matching approximate amount of $811,829, and funds in the sum of $39,699 from Fund Ord. No. 1440-11. any other funds that may become Nos. 10 SF 025, 10 SF 027, and 10 SF 049, By Council Members Conwell and available during the grant term is approved in all respects and shall Sweeney (by departmental request). from the Ohio Office of Criminal not be changed without additional An emergency ordinance authoriz - Justice Services to conduct the FY legislative authority. ing the Director of Public Safety to 2011 Byrne Memorial Justice Assis - Section 3. That the Director of Pub - apply for and accept a grant from the tance Grant: Local Solicitation; that lic Safety shall have the authority to Ohio Office of Criminal Justice Ser - the Director is authorized to file all extend the term of the grant if the vices for the FY 2012 Cleveland High papers and execute all documents extension does not involve an Visibility Enforcement Overtime Pro - necessary to receive the funds under increase in the dollar amount of the gram. the grant; and that the funds are grant specified above. Whereas, this ordinance constitutes appropriated for the purposes Section 4. That the Director of Pub - an emergency measure providing for described in the grant application lic Safety is authorized to enter into the usual daily operation of a munici - for the grant contained in the file one or more agreements with the pal department; now, therefore, described below. County of Cuyahoga to implement the Be it ordained by the Council of Section 2. That the grant applica - grant as described in the file. the City of Cleveland: tion for the grant, File No. 1441-11-A, Section 5. That this ordinance is Section 1. That the Director of made a part of this ordinance as if declared to be an emergency measure Public Safety is authorized to apply fully rewritten, as presented to the and, provided it receives the affirma - for and accept a grant in the Finance Committee of this Council at tive vote of two-thirds of all the mem - approximate amount of $69,694.18, the public hearing on this legislation, bers elected to Council, it shall take and any other funds that may is approved in all respects and shall effect and be in force immediately become available during the grant not be changed without additional upon its passage and approval by the term from the Ohio Office of Crimi - legislative authority. Mayor; otherwise it shall take effect nal Justice Services to conduct the Section 3. That the Director of Pub - and be in force from and after the ear - FY 2012 Cleveland High Visibility lic Safety shall have the authority to liest period allowed by law. Enforcement Overtime Program; extend the term of the grant during Referred to Directors of Public that the Director is authorized to the grant term. Safety, Finance, Law; Committees on file all papers and execute all doc - Section 4. That the Director of Pub - Public Safety, Finance. uments necessary to receive the lic Safety is authorized to make one funds under the grant; and that the or more written requirement con - Ord. No. 1439-11. funds are appropriated for the pur - tracts under the Charter and the Codi - By Council Members Conwell and poses described in the services fied Ordinances of Cleveland, Ohio, Sweeney (by departmental request). agreement for the grant contained 1976, for the requirements during the An emergency ordinance authoriz - in the file described below. grant term of the necessary items of ing the Director of Public Safety to Section 2. That the services agree - various types of equipment, to be pur - apply for and accept a grant from the ment for the grant, File No. 140-11-A, chased by the Commissioner of Pur - Ohio Attorney General for the FY 2011 made a part of this ordinance as if chases and Supplies on a unit basis Ohio Drug Use Prevention Program. fully rewritten, as presented to the for the Department of Public Safety. Whereas, this ordinance constitutes Finance Committee of this Council at Bids shall be taken in a manner that an emergency measure providing for the public hearing on this legislation, permits an award to be made for all the usual daily operation of a munici - items as a single contract, or by sepa - is approved in all respects and shall pal department; now, therefore, rate contract for each or any combina - not be changed without additional Be it ordained by the Council of tion of the items as the Board of Con - legislative authority. the City of Cleveland: trol determines. Alternate bids for a Section 3. That the Director of Pub - Section 1. That the Director of period less than the specified term lic Safety shall have the authority to Public Safety is authorized to apply may be taken if desired by the Com - extend the term of the grant during for and accept a grant in the missioner of Purchases and Supplies the grant term. amount of $33,566.58, from the Ohio until provision is made for the Attorney General to conduct the FY Section 4. That this ordinance is requirements for the entire term. 2011 Ohio Drug Use Prevention Pro - declared to be an emergency measure Section 5. That the costs of the con - gram; that the Director of Public and, provided it receives the affirma - tract or contracts shall be charged Safety is authorized to file all tive vote of two-thirds of all the mem - against the proper appropriation papers and execute all documents bers elected to Council, it shall take accounts and the Director of Finance necessary to receive the funds under effect and be in force immediately shall certify the amount of the initial the grant; and that the funds are upon its passage and approval by the purchase, which purchase, together appropriated for the purposes set Mayor; otherwise it shall take effect with all later purchases, shall be forth in the checklist for the grant and be in force from and after the ear - made on order of the Commissioner of contained in the file described liest period allowed by law. Purchases and Supplies under a req - below. Referred to Directors of Public uisition against the contract or con - Section 2. That the checklist for the Safety, Finance, Law; Committees on tracts certified by the Director of grant, File No. 1439-11-A, made a part Public Safety, Finance. Finance. 1651 8 The City Record October 12, 2011

Section 6. That under Section 108(b) is approved in all respects and shall tive vote of two-thirds of all the mem - of the Charter, the purchases autho - not be changed without additional bers elected to Council, it shall take rized by this ordinance may be made legislative authority. effect and be in force immediately through cooperative arrangements Section 3. That the Director of Pub - upon its passage and approval by the with other governmental agencies. lic Safety shall have the authority to Mayor; otherwise it shall take effect The Director of Public Safety may extend the term of the grant during and be in force from and after the ear - sign all documents that are necessary the grant term. liest period allowed by law. to make the purchases, and may enter Section 4. That the Director of Pub - Referred to Directors of Public into one or more contracts with the lic Safety is authorized to enter into Safety, Finance, Law; Committees on vendors selected through that cooper - one or more contracts with agencies, Public Safety, Finance. ative process. entities, or individuals to implement Section 7. That the Director of Pub - the grant as described in the file. Ord. No. 1444-11. lic Safety is authorized to enter into Section 5. That this ordinance is By Council Members Conwell and one or more contracts with Cuyahoga declared to be an emergency measure Sweeney (by departmental request). County, the Cities of Euclid, Parma, and, provided it receives the affirma - An emergency ordinance authoriz - Lakewood, Garfield Heights, the tive vote of two-thirds of all the mem - ing the Director of Public Safety to Police Executive Research Forum, bers elected to Council, it shall take apply for and accept a grant and to and other agencies and entities need - effect and be in force immediately accept gifts of goods and services ed to implement the grant as upon its passage and approval by the from the Institution of Fire Engi - described in the file. Mayor; otherwise it shall take effect neers for continuation of the Vision Section 8. That the costs of the con - and be in force from and after the ear - 20/20 National Strategies for the Fire tracts authorized by this ordinance liest period allowed by law. Loss Prevention Program. shall be paid from the fund or funds to Referred to Directors of Public Whereas, this ordinance constitutes which are credited the grant proceeds Safety, Finance, Law; Committees on an emergency measure providing for accepted under this ordinance. Public Safety, Finance. the usual daily operation of a munici - Section 9. That this ordinance is pal department; now, therefore, declared to be an emergency measure Ord. No. 1443-11. Be it ordained by the Council of and, provided it receives the affirma - By Council Members Conwell and the City of Cleveland: tive vote of two-thirds of all the mem - Sweeney (by departmental request). Section 1. That the Director of bers elected to Council, it shall take An emergency ordinance authoriz - Public Safety is authorized to apply effect and be in force immediately ing the Director of Public Safety to for and accept a grant in the upon its passage and approval by the apply for and accept a grant from the approximate amount of $14,437.50, Mayor; otherwise it shall take effect Ohio Office of Criminal Justice Ser - and any other funds that may and be in force from and after the ear - vices for the FY 2011 State Byrne become available during the grant liest period allowed by law. Memorial Justice Assistance Grant, term from the Institution of Fire Referred to Directors of Public Northern Ohio Violent Crime Consor - Engineers for continuation of the Safety, Finance, Law; Committees on tium; and authorizing one or more Vision 20/20 National Strategies for Public Safety, Finance. contracts with Akron University and the Fire Loss Prevention Program, various municipalities to implement as described in the file mentioned Ord. No. 1442-11. the grant. below. By Council Members Conwell and Whereas, this ordinance constitutes Section 2. That the Director of Pub - Sweeney (by departmental request). an emergency measure providing for lic Safety is authorized to accept gifts An emergency ordinance authoriz - the usual daily operation of a munici - of goods and services in the approxi - ing the Director of Public Safety to pal department; now, therefore, mate amount of $121,273.00 from the apply for and accept a grant from the Be it ordained by the Council of Institute of Fire Engineers, public, State of Ohio Office of Criminal Jus - the City of Cleveland: and private entities for the purpose of tice Services for the FY 2011 State Section 1. That the Director of implementing the grant as described Byrne Memorial Assistance Grant for Public Safety is authorized to apply in the file. the Northern Ohio Law Enforcement for and accept a grant in the Section 3. That the Director is Task Force Program; and authoriz - approximate amount of $80,127.37, authorized to file all papers and exe - ing the Director to enter into one or and any other funds that may cute all documents necessary to more contracts with various agencies, become available during the grant receive the funds, goods, and services entities, or individuals to implement term from the Ohio Office of Crimi - under the grant; and that the funds the grant. nal Justice Services to conduct the are appropriated for the purposes Whereas, this ordinance constitutes FY 2011 State Byrne Memorial Jus - described in the file. an emergency measure providing for tice Assistance Grant, Northern Ohio Section 4. That File No. 1444-11-A, the usual daily operation of a munici - Violent Crime Consortium; that the made a part of this ordinance as if pal department; now, therefore, Director is authorized to file all fully rewritten, as presented to the Be it ordained by the Council of papers and execute all documents Finance Committee of this Council at the City of Cleveland: necessary to receive the funds under the public hearing on this legislation, Section 1. That the Director of the grant; and that the funds are is approved in all respects and shall Public Safety is authorized to apply appropriated for the purposes not be changed without additional for and accept a grant in the described in the subgrant applica - legislative authority. approximate amount of $165,000, and tion for the grant contained in the Section 5. That the Director of Pub - any other funds that may become file described below. lic Safety shall have the authority to available during the grant term Section 2. That the subgrant appli - extend the term of the grant during from the State of Ohio Office of cation for the grant, File No. 1443-11- the grant term. Criminal Justice Service for the FY A, made a part of this ordinance as if Section 6. That this ordinance is 2011 State Byrne Memorial Justice fully rewritten, as presented to the declared to be an emergency measure Assistance Grant for the Northern Finance Committee of this Council at and, provided it receives the affirma - Ohio Law Enforcement Task Force the public hearing on this legislation, tive vote of two-thirds of all the mem - Program; that the Director is autho - including the obligation of the City of bers elected to Council, it shall take rized to file all papers and execute Cleveland to provide cash matching effect and be in force immediately all documents necessary to receive funds in the amount of $26,709.13 from upon its passage and approval by the the funds under the grant; and that Fund Nos. 10 SF 025, 10 SF 027, and 10 Mayor; otherwise it shall take effect the funds are appropriated for the SF 049, is approved in all respects and and be in force from and after the ear - purposes described in the subgrant shall not be changed without addi - liest period allowed by law. application title page and applica - tional legislative authority. Referred to Directors of Public tion, for the grant contained in the Section 3. That the Director of Pub - Safety, Finance, Law; Committees on file described below. lic Safety shall have the authority to Public Safety, Finance. Section 2. That the subgrant appli - extend the term of the grant during cation title page and application for the grant term. Ord. No. 1445-11. the grant, File No. 1442-11-A, made a Section 4. That the Director of Pub - By Council Members J. Johnson, part of this ordinance as if fully lic Safety is authorized to enter into Brancatelli and Sweeney (by depart - rewritten, as presented to the Finance one or more contracts with Akron Uni - mental request). Committee of this Council at the pub - versity and various municipalities to An emergency ordinance authoriz - lic hearing on this legislation, includ - implement the grant as described in ing the Director of Economic Devel - ing the obligation of the City of Cleve - the file. opment to enter into contract with land to provide cash matching funds Section 5. That this ordinance is Tylerville LLC, or its designee, to pro - in the amount of $55,000 from Fund declared to be an emergency measure vide economic development assis - Nos. 10 SF 025, 10 SF 027, and 10 SF 049, and, provided it receives the affirma - tance as an incentive to clean up the 1652 October 12, 2011 The City Record 9 property known as Building 42 and to tive vote of two-thirds of all the mem - Section 5. That the conveyance redevelop it into office space, located bers elected to Council, it shall take authorized by this ordinance shall be at 3615 Euclid Avenue, and other asso - effect and be in force immediately made by official deed prepared by the ciated costs necessary to redevelop upon its passage and approval by the Director of Law and executed by the the property. Mayor; otherwise it shall take effect Mayor on behalf of the City of Cleve - Whereas, this ordinance constitutes and be in force from and after the ear - land. The deed shall contain such pro - an emergency measure providing for liest period allowed by law. visions as may be necessary to protect the usual daily operation of a munici - Referred to Directors of Economic and benefit the public interest includ - pal department; now, therefore, Development, Finance, Law; Commit - ing such restrictive covenants and Be it ordained by the Council of tees on Community and Economic reversionary interests as may be spec - the City of Cleveland: Development, Finance. ified by the Board of Control, the Section 1. That, the Director of Director of Community Development Economic Development is autho - Ord. No. 1446-11. or the Director of Law. rized to enter into one or more var - By Council Member Cummins. Section 6. That this ordinance is ious types of loan agreements and An emergency ordinance authoriz - declared to be an emergency measure forgivable loan agreements under ing the sale of real property as part of and, provided it receives the affirma - the Vacant Property Initiative with the Land Reutilization Program and tive vote of two-thirds of all the mem - Tylerville LLC, or its designee, to located at 3707 Walton Ave. to bers elected to Council, it shall take provide economic development assis - William D. & Marjorie A. Hilde - effect and be in force immediately tance as an incentive to clean up the brandt. upon its passage and approval by the property known as Building 42 and Whereas, the City of Cleveland has Mayor; otherwise it shall take effect to redevelop it into office space, elected to adopt and implement the and be in force from and after the ear - located at 3615 Euclid Avenue, and procedures under Chapter 5722 of the liest period allowed by law. other associated costs necessary to Revised Code to facilitate reutiliza - Referred to Directors of Community redevelop the property. tion of nonproductive lands situated Development, City Planning Commis - Section 2. That the terms of the loan within the City of Cleveland; and sion, Finance, Law; Committees on shall be according to the terms set Whereas, real property acquired Community and Economic Develop - forth in the Summary contained in under the City’s Land Reutilization ment, Finance. File No. 1445-11-A, made a part of this Program is acquired, held, adminis - ordinance as if fully rewritten, as pre - tered and disposed by the City of Ord. No. 1447-11. sented to the Finance Committee of Cleveland through its Department of By Council Member Polensek. this Council at the public hearing on Community Development under the An emergency ordinance authoriz - this legislation, and are approved in terms of Chapter 5722 of the Revised ing the sale of real property as part of all respects and shall not be changed Code and Section 183.021 of the Codi - the Land Reutilization Program and without additional legislative author - fied Ordinances of Cleveland, Ohio, located at 18430 Nottingham Road and ity. 1976; and 18421 Buffalo Road to John H. Crow. Section 3. That the costs of the loan Whereas, this ordinance constitutes Whereas, the City of Cleveland has shall not exceed $520,000 and the costs an emergency measure providing for elected to adopt and implement the of forgivable loan agreements shall the usual daily operation of a munici - procedures under Chapter 5722 of the not exceed $180,000, for a total amount pal department; now, therefore, Revised Code to facilitate reutiliza - of $700,000, and shall be paid from Be it ordained by the Council of tion of nonproductive lands situated Fund No. 17 SF 008, RQS 9501, RL 2011- the City of Cleveland: within the City of Cleveland; and 182. Section 1. That under Section Whereas, real property acquired Section 4. That the Director of Eco - 183.021 of the Codified Ordinances of under the City’s Land Reutilization nomic Development is authorized to Cleveland, Ohio, 1976, the Commis - Program is acquired, held, adminis - accept the collateral as set forth in sioner of Purchases and Supplies is tered and disposed by the City of the file referenced above in order to authorized to sell the real property, Cleveland through its Department of secure repayment of the loan. Any more fully described below, to Community Development under the loan agreement, security instrument, William D. & Marjorie A. Hilde - terms of Chapter 5722 of the Revised or other document shall be prepared brandt. Code and Section 183.021 of the Codi - and approved by the Director of Law. Section 2. That the real property to fied Ordinances of Cleveland, Ohio, Section 5. That the Director of Eco - 1976; and nomic Development is authorized to be sold under this ordinance is more fully described as follows: Whereas, this ordinance constitutes accept monies in repayment of the an emergency measure providing for loan and to deposit the monies in the usual daily operation of a munici - P. P. No. 007-20-044 Fund Nos. 17 SF 006. pal department; now, therefore, Situated in the City of Cleveland, Section 6. That the Director of Eco - Be it ordained by the Council of County of Cuyahoga and State of nomic Development is authorized to the City of Cleveland: Ohio, and known as being the Easter - charge and accept fees in an amount Section 1. That under Section ly 40 feet of the Westerly 75 feet of not to exceed the maximum allowable 183.021 of the Codified Ordinances of Sublot No. 413 in Hiram Stone’s Addi - fees under federal regulations and Cleveland, Ohio, 1976, the Commis - tion of part of Original Brooklyn the fees are appropriated to cover sioner of Purchases and Supplies is Township Lots Nos. 53 and 68, as costs incurred in the preparation of authorized to sell the real property, the loan application, closing and ser - shown by the recorded plat in Volume more fully described below, to John vicing of the loan. The fees shall be 1 of Maps, Page 41 of Cuyahoga Coun - H. Crow. deposited to and expended from Fund ty Records, and being 40 feet front on Section 2. That the real property to No. 17 SF 305, Loan Fees Fund. the Southerly side of Walton Avenue be sold under this ordinance is more Section 7. That the contract and S.W., and extending back between fully described as follows: other appropriate documents needed parallel lines 180 feet, as appears by to complete the transaction autho - said plat, be the same more or less, P. P. No. 116-08-013 rized by this legislation shall be pre - but subject to all legal highways. Situated in the City of Cleveland pared by the Director of Law. Section 3. That all documents neces - County of Cuyahoga and State of Ohio Section 8. The contract authorized sary to complete the conveyance and known as being the Northeaster - in this legislation will require the authorized by this ordinance shall be ly half of Sublot No. 1 in N.F. Albee's recipient of financial assistance to executed within six (6) months of the Subdivision of part of Original Euclid work with The Workforce Invest - effective date of this ordinance. If all Township Tract No. 15, as shown by ment Board for Workforce Area No. 3 of the documents are not executed the recorded plat of said Subdivision to identify and solicit qualified candi - within six (6) months of the effective in Volume 2 of Maps, Page 50 of Cuya - dates for job opportunities related to date of this ordinance, or such addi - hoga County Records and bounded the City’s contracts, and place special tional time as may be granted by the and described as follows: Beginning emphasis on the hard to employ, Director of Community Development, at the intersction of the center lines of including but not limited to the dis - this ordinance shall be repealed and Nottingham Road, N.E. (formerly abled and persons who have been con - shall be of no further force or effect. Dille Road) and Buffalo Avenue, N.E., victed of or have pled guilty to a crim - Section 4. That the consideration (formerly Depot Street); Thence inal offense, unless the criminal con - for the subject parcel shall be estab - Northwesterly along the center line viction or related circumstances lished by the Board of Control and Nottingham Road N.E., 242 feet 2-1/2 relate to the duties for the particular shall not be less than Fair Market inches to the Northeasterly corner of job sought. Value taking into account such terms said Sublot No. 1; Thence Southwest - Section 9. That this ordinance is and conditions, restrictions and erly along the Northwesterly line of declared to be an emergency measure covenants as are deemed necessary or said Sublot to the Northeasterly line and, provided it receives the affirma - appropriate. of a parcel of land conveyed by Cas - 1653 10 The City Record October 12, 2011 sius C. Mapes and wife, to Henry M. restrictive covenants and reversion - Whereas, this ordinance constitutes Frissell, by deed dated October 25, ary interests as may be specified by an emergency measure providing for 1865, and recorded in Volume 201, the Board of Control, the Director of the usual daily operation of a munici - Page 11 of Cuyahoga County Records; Community Development or the pal department; now, therefore, Thence Southeasterly along the Director of Law. Be it ordained by the Council of Northeasterly line of the land so con - Section 8. That this ordinance is the City of Cleveland: veyed to Frissell as aforesaid to the hereby declared to be an emergency Section 1. That the Director of center line of Buffalo Avenue N.E.; measure and, provided it receives the Finance, on behalf of Cleveland Thence Northeasterly along said cen - affirmative vote of two-thirds of all Municipal Court, is authorized to ter line to the place of beginning and the members elected to Council, it apply for and accept a grant in the containing 1/2 acre of land, be the shall take effect and be in force imme - approximate amount of $50,000, and same more or less, but subject to all diately upon its passage and approval any other funds that may become legal highways. by the Mayor; otherwise it shall take available during the grant term, Section 3. That the real property to effect and be in force from and after from the Ohio Office of Criminal be sold pursuant to this Ordinance is the earliest period allowed by law. Justice Services, to conduct the Vet - more fully described as follows: Referred to Directors of Community erans Court - Treatment Program, Development, City Planning Commis - for the purposes set forth in the P. P. No. 116-08-014 sion, Finance, Law; Committees on application; that the Director of Situated in the City of Cleveland Community and Economic Develop - Finance, on behalf of Cleveland County of Cuyahoga and State of Ohio ment, Finance. Municipal Court, is authorized to and known as being Sublot No. 1 in file all papers and execute all doc - the N.F. Albee’s Subdivision of part of Ord. No. 1448-11. uments necessary to receive the Original Euclid Township Tract No. By Council Members Conwell and funds under the grant; and that the 14 and 15, as shown by the recorded Sweeney (by departmental request). funds are appropriated for the pur - plat in Volume 2 of Maps, Page 50 of An emergency ordinance authoriz - poses set forth in the application for Cuyahoga County and bounded and ing the Director of Public Safety to the grant. described as follows: apply for and accept a grant from Uni - Section 2. That the application for Beginning on the Northwesterly versity Hospitals for the FY 2012 the grant, File No. 1449-11-A, made a Cuyahoga County OVI Task Force line of Buffalo Avenue, NE, (formerly part of this ordinance as if fully Program. North Depot Street) at the Southwest rewritten, as presented to the Finance Whereas, this ordinance constitutes corner of land conveyed by Julia Committee of this Council at the pub - an emergency measure providing for Stenk (widow) to Juliet H. Harms by lic hearing on this legislation and the usual daily operation of a munici - deed dated August 4, 1919 and record - shall not be changed without addi - pal department; now, therefore, ed in Volume 2271, Page 196 of Cuya - tional legislative authority, including Be it ordained by the Council of hoga County Records thence South the obligation to provide cash match - 58° 01'19" West, 86.90 feet along said the City of Cleveland: Section 1. That the Director of ing funds in the amount of $16,996.50 Northwesterly line of Buffalo from Fund No. 10 SF 087, is approved Avenue, to its intersection with the Public Safety is authorized to apply for and accept a grant in the in all respects. Southwesterly line of said Sublot No. Section 3. That the Director of 1; thence North 33° 06'56" West, 211.65 approximate amount of $30,000, and any other funds that may become Finance, on behalf of Cleveland feet along the Southwesterly line of Municipal Court, is authorized to said Sublot No. 1 to the Northwesterly available during the grant term from University Hospitals to con - enter into one or more contracts with corner therof; thence North 56 20' Stella Maris, Inc. to implement the East 70.72 feet along the Northwester - duct the FY 2012 Cuyahoga County OVI Task Force Program; that the program as described in the file. ly line of said Sublot No. 1 to the Section 4. That the cost of the con - Northwesterly corner of land so con - Director is authorized to file all tract or contracts shall be paid from veyed to Juliet H. Harms; thence papers and execute all documents the fund or funds to which are credit - South 37° 26' 01" East 214.67 feet necessary to receive the funds under ed the grant proceeds accepted under along the Southwesterly line of land the grant; and that the funds are this ordinance and the cash match. so conveyed to Juliet H. Harms to the appropriated for the purposes Section 5. That this ordinance is place of beginning and containing described in the budget for the declared to be an emergency measure 16,769 square feet of land according to grant contained in the file described and, provided it receives the affirma - a survey made January, 1941 by below. tive vote of two-thirds of all the mem - Cleveland Surveys, Inc., Civil Engi - Section 2. That the budget for the bers elected to Council, it shall take neers & Surveyors, be the same more grant, File No. 1448-11-A, made a part effect and be in force immediately or less, but subject to all legal high - of this ordinance as if fully rewritten, upon its passage and approval by the ways. as presented to the Finance Commit - Section 4. That under Section tee of this Council at the public hear - Mayor; otherwise it shall take effect 183.021 of the Codified Ordinances of ing on this legislation, is approved in and be in force from and after the ear - Cleveland, Ohio 1976, the Commission - all respects and shall not be changed liest period allowed by law. er of Purchases and Supplies is autho - without additional legislative author - Referred to Directors of Public rized to sell the real property, ity. Safety, Finance, Law; Committees on described in this ordinance, to John Section 3. That the Director of Pub - Public Safety, Finance. H. Crow. lic Safety shall have the authority to Section 5. That all documents neces - extend the term of the grant during Ord. No. 1450-11. sary to complete the conveyance the grant term. By Council Members Conwell and authorized by this ordinance shall be Section 4. That this ordinance is Sweeney (by departmental request). executed within six (6) months of the declared to be an emergency measure An emergency ordinance authoriz - effective date of this ordinance. If all and, provided it receives the affirma - ing the Director of Finance, on behalf of the documents are not executed tive vote of two-thirds of all the mem - of Cleveland Municipal Court, to within six (6) months of the effective bers elected to Council, it shall take apply for and accept a grant from the date of this ordinance, or such addi - effect and be in force immediately Ohio Office of Criminal Justice Ser - tional time as may be granted by the upon its passage and approval by the vices for the FY 2011 Violence Director of Community Development, Mayor; otherwise it shall take effect Against Women Act Court Training this ordinance shall be repealed and and be in force from and after the ear - and Improvement Program; and to shall be of no further force or effect. liest period allowed by law. enter into one or more contracts with Section 6. That the consideration Referred to Directors of Public the Domestic Violence Center and the for the subject parcels shall be estab - Safety, Finance, Law; Committees on Center for Court Innovation to imple - lished by the Board of Control and Public Safety, Finance. ment the program. shall be not less than Fair Market Whereas, this ordinance constitutes Value taking into account such terms Ord. No. 1449-11. an emergency measure providing for and conditions, restrictions and By Council Members Conwell and the usual daily operation of a munici - covenants as are deemed necessary or Sweeney (by departmental request). pal department; now, therefore, appropriate. An emergency ordinance authoriz - Be it ordained by the Council of Section 7. That the conveyance ing the Director of Finance, on behalf the City of Cleveland: authorized hereby shall be made by of Cleveland Municipal Court, to Section 1. That the Director of official deed prepared by the Director apply for and accept a grant from the Finance, on behalf of Cleveland of Law and executed by the Mayor on Ohio Office of Criminal Justice Ser - Municipal Court, is authorized to behalf of the City of Cleveland. The vices for the Veterans Court - Treat - apply for and accept a grant in the deed shall contain such provisions as ment Program; and to enter into one approximate amount of $50,000, and may be necessary to protect and bene - or more contracts with Stella Maris, any other funds that may become fit the public interest including such Inc. to implement the program. available during the grant term, 1654 October 12, 2011 The City Record 11 from the Ohio Office of Criminal The rules were suspended. Yeas Section 1. That objection to a C1 Justice Services, to conduct the FY 19. Nays 0. Read second time. Read and C2 Liquor Permit to Jaigurudev, 2011 Violence Against Women Act third time in full. Passed. Yeas 19. Inc., 5741 Memphis Avenue, Cleve - Court Training and Improvement Nays 0. land, Ohio 44144, Permanent Number Program, for the purposes set forth 4219893 be and the same is hereby in the application; that the Director FIRST READING EMERGENCY withdrawn and Resolution No. 982- of Finance, on behalf of Cleveland RESOLUTIONS READ IN FULL 11, containing such objection, be and Municipal Court, is authorized to AND ADOPTED the same is hereby repealed and file all papers and execute all doc - that this Council consents to the uments necessary to receive the Res. No. 1455-11. immediate renewal thereof. funds under the grant; and that the By Council Member K. Johnson. Section 2. That this resolution is funds are appropriated for the pur - An emergency resolution with - hereby declared to be an emergency drawing objection to the transfer of poses set forth in the application for measure and provided it receives the stock of a C2 and C2X Liquor Permit the grant. affirmative vote of two-thirds of all Section 2. That the application for at 2892 East 116th Street and repeal - the members elected to Council, it the grant, File No. 1450-11-A, made a ing Resolution No. 970-11, objecting to shall take effect and be in force imme - part of this ordinance as if fully said transfer. rewritten, as presented to the Finance Whereas, this Council objected to diately upon its adoption and Committee of this Council at the pub - the transfer of stock of a C2 and C2X approval by the Mayor; otherwise, it lic hearing on this legislation and Liquor Permit to Fuel Expo, Inc., shall take effect and be in force from shall not be changed without addi - DBA Buckeye Supermarket, 2892 East and after the earliest period allowed tional legislative authority, is 116th Street, Cleveland, Ohio 44120, by law. approved in all respects. Permanent No. 2957678, by Resolution Motion to suspend rules, Charter, Section 3. That the Director of No. 970-11 adopted by the Council on and statutory provisions and place Finance, on behalf of Cleveland July 20, 2011; and on final adoption. Municipal Court, is authorized to Whereas, this Council wishes to The rules were suspended. Yeas enter into one or more contracts with withdraw its objection to the above 19. Nays 0. Read second time. Read the Domestic Violence Center and the transfer and consents to said transfer; third time in full. Adopted. Yeas Center for Court Innovation to imple - and 19. Nays 0. ment the program as described in the Whereas, this resolution consti - file. tutes an emergency measure provid - SECOND READING EMERGENCY Section 4. That the cost of the con - ing for the usual daily operation of a ORDINANCES PASSED tract or contracts shall be paid from municipal department; now, there - the fund or funds to which are credit - fore, Ord. No. 530-11. Be it resolved by the Council of ed the grant proceeds accepted under By Council Members Kelley and the City of Cleveland: this ordinance. Sweeney (by departmental request). Section 5. That this ordinance is Section 1. That objection to a C2 An emergency ordinance authoriz - declared to be an emergency measure and C2X Liquor Permit to Fuel ing the Director of Public Utilities to and, provided it receives the affirma - Expo, Inc., DBA Buckeye Supermar - tive vote of two-thirds of all the mem - ket, 2892 East 116th Street, Cleve - enter into an amendment to Contract bers elected to Council, it shall take land, Ohio 44120, Permanent No. No. 69504 with Woolpert, Inc. to pro - effect and be in force immediately 2957678, be and the same is hereby vide additional improvements to the upon its passage and approval by the withdrawn and Resolution No. 970- Division of Water’s Geographic Infor - Mayor; otherwise it shall take effect 11, containing such objection, be and mation System, for the Department of and be in force from and after the ear - the same is hereby repealed and Public Utilities, for a period up to two liest period allowed by law. that this Council consents to the years. Referred to Directors of Public immediate transfer thereof. Approved by Directors of Public Safety, Finance, Law; Committees on Section 2. That this resolution is Utilities, Finance, Law; Passage rec - Public Safety, Finance. hereby declared to be an emergency ommended by Committees on Public measure and provided it receives the Utilities, Finance. FIRST READING EMERGENCY affirmative vote of two-thirds of all The rules were suspended. Yeas ORDINANCE READ IN FULL the members elected to Council, it 19. Nays 0. Read second time. Read AND PASSED shall take effect and be in force imme - third time in full. Passed. Yeas 19. diately upon its adoption and Nays 0. Ord. No. 1454-11. approval by the Mayor; otherwise, it By Council Members Cimperman shall take effect and be in force from Ord. No. 1100-11. and Mitchell. and after the earliest period allowed By Council Members Kelley and An emergency ordinance authoriz - by law. Sweeney (by departmental request). ing the Clerk of Council to dispense Motion to suspend rules, Charter, An emergency ordinance authoriz - beer and wine at the Federation of and statutory provisions and place ing the Director of Public Utilities to India Community Foundation event on final adoption. enter into one or more requirement in Cleveland City Hall on October 21, The rules were suspended. Yeas 2011. contracts without competitive bid - 19. Nays 0. Read second time. Read ding with HSQ Technology for mate - Whereas, this ordinance constitutes third time in full. Adopted. Yeas an emergency measure providing for rials, equipment, supplies, services, 19. Nays 0. the usual daily operation of a munici - software, software integration, labor, pal department; now, therefore, and training necessary to refurbish Res. No. 1456-11. Be it ordained by the Council of the supervisory control and data By Council Member Kelley. the City of Cleveland: acquisition system manufactured by An emergency resolution with - Section 1. That, notwithstanding HSQ Technology, including mainte - and as an exception to the Codified drawing objection to the renewal of a nance, for the Division of Water, Ordinances of the City of Cleveland, C1 and C2 Liquor Permit at 5741 Mem - Department of Public Utilities, for a 1976, the Clerk of Council is hereby phis Avenue and repealing Resolu - period not to exceed two years. tion No. 982-11, objecting to said authorized to dispense beer and Approved by Directors of Public renewal. wine at the Federation of India Utilities, Finance, Law; Passage rec - Whereas, this Council objected to a Community Foundation event in ommended by Committees on Public C1 and C2 Liquor Permit to 5741 Mem - Cleveland City Hall on October 21, Utilities, Finance. phis Avenue by Resolution No. 982-11 2011. The rules were suspended. Yeas adopted by the Council on July 20, Section 2. That this ordinance is 19. Nays 0. Read second time. Read 2011; and hereby declared to be an emergency third time in full. Passed. Yeas 19. measure and, provided it receives the Whereas, this Council wishes to Nays 0. affirmative vote of two-thirds of all withdraw its objection to the above the members elected to Council, it renewal and consents to said renewal; Ord. No. 1101-11. shall take effect and be in force imme - and diately upon its passage and approval Whereas, this resolution consti - By Council Members Keane, Cleve - by the Mayor; otherwise, it shall take tutes an emergency measure provid - land and Sweeney (by departmental effect and be in force from and after ing for the usual daily operation of a request). the earliest period allowed by law. municipal department; now, there - An emergency ordinance authoriz - Motion to suspend rules, Charter, fore, ing the Director of Port Control to and statutory provisions and place Be it resolved by the Council of enter into a Lease Agreement with on final passage. the City of Cleveland: MUDA Construction, Inc. for the lease 1655 12 The City Record October 12, 2011 of office space at Burke Lakefront third time in full. Passed. Yeas 19. Systems to allow them to reline the Airport for general office-related Nays 0. sewer on High Avenue, and to accept activities, for the Department of Port the improvement as a gift to the City. Control, for a period of two years, Ord. No. 1215-11. Approved by Directors of Public with two one-year options to renew, By Council Members Kelley and Utilities, Finance, Law; Passage rec - the first of which is exercisable Sweeney (by departmental request). ommended by Committees on Public through additional legislative author - An emergency ordinance to amend Utilities, Finance. ity. Sections 1 and 4 of Ordinance No. 558- The rules were suspended. Yeas 11, passed July 20, 2011, relating to Approved by Directors of Port 19. Nays 0. Read second time. Read authorizing the Director of Public Control, City Planning Commission, third time in full. Passed. Yeas 19. Utilities to purchase various wattage- Nays 0. Finance, Law; Relieved of Commit - equivalent LED streetlights, includ - tee on City Planning; Passage rec - ing any materials necessary to retro - Ord. No. 1293-11. ommended by Committees on Avia - fit or replace existing outdoor street - By Council Members Kelley and tion and Transportation, Finance , lights, to be installed on a limited Sweeney (by departmental request). when amended, as follows: number of poles for a pilot program An emergency ordinance authoriz - 1. In Section 1, line 13, strike for up to two years, for the Division of ing the purchase by one or more “annual rate of $50,544.00, payable in Cleveland Public Power. requirement contracts of various monthly installments of $4,212.00” Approved by Directors of Public types of valves, actuators, and appur - and insert “ annual rate of $4,212.00, Utilities, Finance, Law; Passage rec - tenances, and labor and materials payable in monthly installments of ommended by Committees on Public necessary to maintain and repair var - $351.00 ”. Utilities, Finance. ious types of valves, actuators, and Amendment agreed to. The rules were suspended. Yeas appurtenances, for the Division of The rules were suspended. Yeas 19. Nays 0. Read second time. Read Water, Department of Public Utili - 19. Nays 0. Read second time. Read third time in full. Passed. Yeas 19. ties, for a period up to two years. third time in full. Passed. Yeas 19. Nays 0. Approved by Directors of Public Nays 0. Utilities, Finance, Law; Passage rec - In compliance with Section 33 of Ord. No. 1216-11. ommended by Committees on Public the Charter a copy of the legislation By Council Members Kelley and Utilities, Finance. was furnished to each member of Sweeney (by departmental request). The rules were suspended. Yeas Council before final passage. An emergency ordinance authoriz - 19. Nays 0. Read second time. Read ing the purchase by one or more third time in full. Passed. Yeas 19. Ord. No. 1113-11. requirement contracts of labor and Nays 0. By Council Members Conwell and materials necessary to test, inspect, Sweeney (by departmental request). maintain, repair, enhance or replace Ord. No. 1342-11. An emergency ordinance authoriz - building protection services, includ - By Council Members J. Johnson, ing the Director of Public Safety to ing, but not limited to, heating, venti - Miller, Cleveland and Sweeney (by apply for and accept a grant from lation, and air conditioning systems departmental request). Cuyahoga County for the 2009 Law or components, security systems or An emergency ordinance to vacate Enforcement Terrorism Protection components, and fire protection sys - a portion of East 23rd Street, East Program; authorizing one or more tem or components, rental of equip - 25th Street, East 25th Place and requirement contracts for the pur - ment, and installation if necessary, Payne Court. chase of materials, equipment, sup - for the Divisions of Water, Water Pol - Approved by Directors of Capital plies, and services; authorizing one or lution Control, and Cleveland Public Projects, City Planning Commission, more contracts with FingerPrint USA Power, Department of Public Utili - Finance, Law; Relieved of Commit - for professional services necessary to ties, for a period of two years. tee on City Planning; Passage rec - manage the program; and to amend Approved by Directors of Public ommended by Committees on Public Contract No. 69633 with Cogent, Inc. to Utilities, Finance, Law; Passage rec - Service, Finance , when amended, as provide additional AFIS equipment. ommended by Committees on Public follows: Approved by Directors of Public Utilities, Finance. 1. In Section 1, strike line 22 in its Safety, Finance, Law; Passage rec - The rules were suspended. Yeas entirety and insert: “ the east right ommended by Committees on Public 19. Nays 0. Read second time. Read of way line of East 22nd Street (60 Safety, Finance. third time in full. Passed. Yeas 19. feet wide) to the west limited Nays 0. The rules were suspended. Yeas access ”. Amendment agreed to. 19. Nays 0. Read second time. Read Ord. No. 1219-11. The rules were suspended. Yeas third time in full. Passed. Yeas 19. By Council Members Cimperman, 19. Nays 0. Read second time. Read Nays 0. Brancatelli and Sweeney (by depart - third time in full. Passed. Yeas 19. mental request). Nays 0. Ord. No. 1119-11. An emergency ordinance authoriz - In compliance with Section 33 of By Council Members Keane, Cleve - ing the Director of Economic Devel - the Charter a copy of the legislation land and Sweeney (by departmental opment to enter into a Tax Increment was furnished to each member of request). Financing Agreement with Optima Council before final passage. An emergency ordinance determin - 777, LLC, as the designee of Sage Hos - ing the method of making the public pitality, or its designee, to provide for MOTION improvement of repairing and main - the acquisition, some demolition, and taining runways, taxiways, ramps, complete renovation of the former The Council Meeting adjourned at roads, and other concrete surfaces for Crowne Plaza Hotel located at 777 St. 8:05 p.m. to meet on Monday, Octo - the various divisions of the Depart - Clair Avenue; to provide for payments ber 17, 2011 at 7:00 p.m. in the Coun - ment of Port Control, and authorizing to the Cleveland City School District; cil Chambers. the Director of Port Control to enter and to declare certain improvements into one or more public improvement to real property to be a public pur - requirement contracts for the making pose. of the improvement, for a period of Approved by Directors of Eco - two years, with two one-year options nomic Development, Finance, Law; to renew, the first of which is exercis - Passage recommended by Commit - able through additional legislative tees on Community and Economic authority. Development, Finance. Approved by Directors of Port The rules were suspended. Yeas Control, City Planning Commission, 19. Nays 0. Read second time. Read Finance, Law; Relieved of Commit - third time in full. Passed. Yeas 19. Patricia J. Britt tee on City Planning; Passage rec - Nays 0. City Clerk, Clerk of Council ommended by Committee on Avia - tion and Transportation, Finance. Ord. No. 1292-11. THE CALENDAR The rules were suspended. Yeas By Council Members Kelley and 19. Nays 0. Read second time. Read Sweeney (by departmental request). third time in full. Passed. Yeas 19. An emergency ordinance authoriz - The following measures will be on Nays 0. ing the Director of Public Utilities to their final passage at the next meet - The rules were suspended. Yeas enter into an agreement with Rock ing: 19. Nays 0. Read second time. Read Ohio Caesars, LLC and USA Parking NONE 1656 October 12, 2011 The City Record 13

BOARD OF CONTROL with SAP America, Inc. for the one- 2009, this Board of Control, by its year term starting November 30, Resolution No. 197-10, adopted May 2011, under the authority of division 19, 2010, approved Perk Co., Inc. as October 5, 2011 (d) of Section 181.102 C.O., shall not lowest responsible bidder for the exceed $55,031.06. public improvement of Central Ave. The regular meeting of the Yeas: Interim Director Langhenry, (E. 55th St. to E. 79th St.), for the Board of Control convened in the Directors Dumas, Withers, R. Smith, Division of Engineering and Con - Mayor’s office on Wednesday, Octo - Cox, Acting Director Bounds, Direc - struction, Department of Public Ser - ber 5 , 2011, at 10:51 a.m. with tors Rush, Southerington, Acting vice (nka Office of Capital Pro - Interim Director Langhenry presid - Director Thornton, Directors Fumich jects), in the aggregate amount of ing. and Rybka. $2,528,004.27; and Present: Interim Director Nays: None. Whereas, Perk Co., Inc. wishes to Langhenry, Directors Dumas, With - Absent: Mayor Jackson and Direc - use the services of additional sub - ers, R. Smith, Cox, Acting Director tor Butler. contractors; now, therefore, Bounds, Directors Rush, Southering - Be it resolved by the Board of ton, Acting Director Thornton, Resolution No. 474-11. Control of the City of Cleveland that Directors Fumich and Rybka. By Director Withers. the employment of the following Absent: Mayor Jackson and Direc - Be it resolved, by the Board of subcontractors by Perk Co., Inc. for tor Butler. Control of the City of Cleveland that the above mentioned public improve - Others: Jomarie Wasik, Director, the bid of Nerone and Sons, Inc. for ment is approved: Mayor’s Office of Capital Projects. the public improvement of main - Natoya Walker-Minor, Interim taining detention basins, facilities Corstone LTD Director, Office of Equal Opportuni - and structures at various citywide (CSB/FBE) — $64,694.00 (2.56%) ty. locations, base bid items including Jim Hardy, Commissioner, Pur - 10% contingency allowance, for the Chieftan Trucking chases & Supplies. Division of Water Pollution Control, (CSB) — $15,191.00 (0.60%) On motions, the following resolu - Department of Public Utilities, tions were adopted, except as may received on July 14, 2011, under the Yeas: Interim Director Langhenry, be otherwise noted: authority of Section 129.293 of Codi - Directors Dumas, Withers, R. Smith, fied Ordinances of Cleveland, Ohio, Cox, Acting Director Bounds, Direc - Resolution No. 473-11. 1976, upon a unit basis for the tors Rush, Southerington, Acting By Director Withers. improvements to be performed as Director Thornton, Directors Fumich Whereas, under the authority of ordered during the period of one (1) and Rybka. Ordinance No. 1036-07, passed by the year starting upon execution of a Nays: None. Cleveland City Council on August 8, contract, at the unit prices set forth Absent: Mayor Jackson and Direc - 2007, the City of Cleveland, through in the bid, which on the basis of the tor Butler. the Director of Public Utilities, estimated work to be done would entered into an agreement with Ora - amount to $99,550.00, is affirmed and Resolution No. 476-11. approved as the lowest responsible cle USA, Inc., City Contract No. By Director Wasik. bid, and the Director of Public Util - 68714, to acquire licenses, mainte - Whereas, on August 2, 2011, the ities is requested to enter into a nance and support of the City of Cleveland entered into Con - requirement contract for the Oracle/SPL Billing System, for the tract No. CT0110-PI2011-051 with Division of Water, Department of improvement, which contract shall Perk Company, Inc. for the public Public Utilities; and provide for an initial order for per - improvement of Lake to Lakes Bike Whereas, division (d) of Section formance of work, the cost of which Trail Extension, for the Office of 181.102 C.O. authorizes a director to order shall be certified to the con - Capital Projects in the aggregate enter into an agreement with a soft - tract in an amount not less than amount of $1,380,829.85; and ware vendor for professional ser - $25,000.00. Whereas, Perk Company, Inc. vices necessary to implement or The requirement contract shall desires to utilize certain subcon - maintain the software system, further provide that the contractor tractors under Contract No. CT0110- including but not limited to mainte - will perform so much of the balance PI2011-051 for which it requires pre - nance, repair, upgrades, enhance - of the work as may be ordered vious written consent of the Board ments and technical support; and under subsequent requisitions sepa - Whereas, Business Objects Enter - rately certified against the require - of Control under Section 185.36 C.O.; prise Professional IV software, ment contract, whether the same now, therefore, licensed from SAP America, Inc., is shall be less than the total estimate Be it resolved by the Board of a 3rd party add-on to the Oracle/SPL of work to be performed under the Control of the City of Cleveland, Billing System used to perform on- contract or shall exceed the same by that the employment of the follow - line analysis, ad-hoc reporting, and not more than ten percent. ing subcontractors by Perk Compa - charting; and Be it further resolved by the ny, Inc. for the public improvement Whereas, under the authority of Board of Control of the City of of Lake to Lakes Bike Trail Exten - Section 181.102 C.O., and Board of Cleveland that the employment of sion is approved. Control Resolution No. 531-10, adopt - the following subcontractors by ed December 15, 2010, the City Nerone and Sons, Inc. for the above- Eclipse Construction entered into a contract with SAP mentioned public improvement by $254,813.98 (18.45%) America, Inc., City Contract No. requirement contract is approved: PS2011-66 for the one-year term TraffTech, Inc $243,632.00 (17.64%) starting November 29, 2010, to obtain SUBCONTRACTOR CSB/MBE/FBE professional services necessary for WORK Cook Construction (DBE) annual software license renewals, $206,321.40 (14.94%) upgrades, and support and mainte - Cavotta Landscapers, Inc. nance for the Business Objects CSB/FBE/LPE Royal Landscaping, Inc. Enterprise Professional IV software, $11,000.00(11.050%) $ 28,103.00 (2.04%) for the Division of Water, Depart - ment of Public Utilities; and Granger Trucking CSB/MBE/LPE Oglesby Construction Whereas, under the authority of $12,000.00(12.054%) $ 24,701.20 (1.79%) Section 181.102 C.O., the City intends to enter into a one-year agreement Yeas: Interim Director Langhenry, Sagamore Soils with SAP America, Inc. starting Directors Dumas, Withers, R. Smith, $ 23,515.68 (1.70%) November 30, 2011 through Novem - Cox, Acting Director Bounds, Direc - ber 29, 2012, to continue to obtain tors Rush, Southerington, Acting Eco Tree $ 17,225.00 (1.25%) the professional services necessary Director Thornton, Directors Fumich for annual software license renewal and Rybka. Pavement Technologies and support and maintenance for Nays: None. $ 11,160.00 (0.81%) the Business Objects Enterprise Pro - Absent: Mayor Jackson and Direc - fessional IV software; now, there - tor Butler. Lake Erie Construction fore, $ 7,975.00 (0.58%) Be it resolved by the Board of Resolution No. 475-11. Control of the City of Cleveland that By Director Wasik. Yeas: Interim Director Langhenry, the compensation to be paid for Whereas, under authority of Ordi - Directors Dumas, Withers, R. Smith, maintenance and support services to nance No. 673-09, passed by the Cox, Acting Director Bounds, Direc - be performed under the contract Cleveland City Council on June 8, tors Rush, Southerington, Acting 1657 14 The City Record October 12, 2011

Director Thornton, Directors Fumich Housing Authority; now, therefore, not less than the Fair Market value and Rybka. Be it resolved by the Board of of said for uses according to the Nays: None. Control of the City of Cleveland that Program. Absent: Mayor Jackson and Direc - Resolution No. 367-11, adopted Yeas: Interim Director Langhenry, tor Butler. August 3, 2011, authorizing the sale Directors Dumas, Withers, R. Smith, of Permanent Parcel Nos. 138-13-008, Cox, Acting Director Bounds, Direc - Resolution No. 477-11. 138-13-009, 138-13-010, 138-13-011, 138- tors Rush, Southerington, Acting By Director Rush. 13-013 and 138-13-080, no longer need - Director Thornton, Directors Fumich Whereas, under Ordinance No. ed for public use, to Union Miles and Rybka. 2076-76 passed October 25, 1976, the Development Corporation or Nays: None. City is conducting a Land Reuti - designee, is amended by changing Absent: Mayor Jackson and Direc - lization Program (“Program”) all references in the resolution from tor Butler. according to the provisions of Chap - Miles Pointe Elderly Limited Part - ter 5722 of the Ohio Revised Code; nership to Cuyahoga Metropolitan Resolution No. 480-11. and Housing Authority. By Director Rush. Whereas, on August 3, 2011, the Be it further resolved that all Whereas, under Ordinance No. Board of Control of the City of other provisions of Resolution No. 2076-76 passed October 25, 1976, the Cleveland adopted Resolution No. 367-11 not expressly amended above City is conducting a Land Reuti - 366-11 authorizing the Commissioner shall remain unchanged and in full lization Program (“Program”) of Purchases and Supplies, when force and effect. according to the provisions of Chap - directed by the Director of Commu - Yeas: Interim Director Langhenry, ter 5722 of the Ohio Revised Code; nity Development and when certain Directors Dumas, Withers, R. Smith, specified conditions have been met, and Cox, Acting Director Bounds, Direc - Whereas, under the Program, the to sell Permanent Parcel No. 143-05- tors Rush, Southerington, Acting City has acquired Permanent Parcel 013, located at 4345 Lee Road, to Director Thornton, Directors Fumich No. 002-01-029 located at 1369 West Euclid-Lee Senior Limited Partner - and Rybka. 83rd Street in Ward 15; and ship, as designee of Union Miles Nays: None. Whereas, Section 183.021 of the Development Corporation; and Absent: Mayor Jackson and Direc - Whereas, by its September 14, 2011 tor Butler. Codified Ordinances of Cleveland, letter, Union Miles Development Cor - Ohio 1976 authorizes the Commis - poration requested a change in the Resolution No. 479-11. sioner of Purchases and Supplies, designee to which the Parcel was to By Director Rush. when directed by the Director of be sold to Cuyahoga Metropolitan Whereas, under Ordinance No. Community Development and when Housing Authority; now, therefore, 2076-76 passed October 25, 1976, the certain specified conditions have Be it resolved by the Board of City is conducting a Land Reuti - been met, to sell Land Reutilization Control of the City of Cleveland that lization Program (“Program”) Program parcels to adjacent or abut - Resolution No. 366-11, adopted according to the provisions of Chap - ting landowners; and August 3, 2011, authorizing the sale ter 5722 of the Ohio Revised Code; Whereas, Morton Q. Levin or of Permanent Parcel No. 143-05-013, and designee, abutting/adjacent no longer needed for public use, to Whereas, under the Program, the landowner, has proposed to the City Union Miles Development Corpora - City has acquired Permanent Parcel to purchase and develop the parcel tion or designee, is amended by No. 110-17-070 located at 873 East for parking; and changing all references in the reso - 129th Street in Ward 10; and Whereas, the following conditions lution from Euclid-Lee Senior Limit - Whereas, Section 183.021 of the exist: ed Partnership to Cuyahoga Metro - Codified Ordinances of Cleveland, 1. The member of Council from politan Housing Authority. Ohio 1976 authorizes the Commis - Ward 15 has consented to the pro - Be it further resolved that all sioner of Purchases and Supplies, posed sale; other provisions of Resolution No. when directed by the Director of 2. The parcel is either less than 366-11 not expressly amended above 4,800 square feet or less than 40 feet shall remain unchanged and in full Community Development and when certain specified conditions have frontage; force and effect. 3. The proposed purchaser of the Yeas: Interim Director Langhenry, been met, to sell Land Reutilization parcel is neither tax delinquent nor Directors Dumas, Withers, R. Smith, Program parcels to adjacent or abut - in violation of the Building and Cox, Acting Director Bounds, Direc - ting landowners; and Housing Code; now, therefore, tors Rush, Southerington, Acting Whereas, Akbar and Tenisha El, Be it resolved by the Board of Director Thornton, Directors Fumich abutting/adjacent landowners, have Control of the City of Cleveland that and Rybka. proposed to the City to purchase and under Section 183.021 of Codified Nays: None. ddvelop the for yard expansion; and Ordinances of Cleveland, Ohio 1976, Absent: Mayor Jackson and Direc - Whereas, the following conditions the Commissioner of Purchases and tor Butler. exist: 1. The member of Council from Supplies is authorized, when direct - Resolution No. 478-11. Ward 10 has consented to the pro - ed by the Director of Community By Director Rush. posed sale; Development, and the Mayor is Whereas, under Ordinance No. 2. The parcel is either less than requested to execute an Official 2076-76 passed October 25, 1976, the 4,800 square feet or less than 40 feet Deed for and on behalf of the City City is conducting a Land Reuti - frontage; of Cleveland, with Morton Q. Levin lization Program (“Program”) 3. The proposed purchasers of the or designee for the sale and devel - according to the provisions of Chap - parcel is neither tax delinquent nor opment of Permanent Parcel No. 002- ter 5722 of the Ohio Revised Code; in violation of the Building and 01-029 located at 1369 West 83rd and Housing Code; now, therefore, Street, according to the Land Reuti - Whereas, on August 3, 2011, the Be it resolved by the Board of lization Program in such manner as Board of Control of the City of Control of the City of Cleveland that best carries out the intent of the Cleveland adopted Resolution No. under Section 183.021 of Codified program. 367-11 authorizing the Commissioner Ordinances of Cleveland, Ohio 1976, Be it further resolved that the con - of Purchases and Supplies, when the Commissioner of Purchases and sideration for said parcel shall be directed by the Director of Commu - Supplies is authorized, when direct - $1,200.00, which amount is deter - nity Development and when certain ed by the Director of Community mined to be not less than the Fair specified conditions have been met, Development, and the Mayor is Market value of said parcel for uses to sell Permanent Parcel Nos. 138-13- requested to execute an Official according to the Program. 008, 138-13-009, 138-13-010, 138-13-011, Deed for and on behalf of the City Yeas: Interim Director Langhenry, 138-13-013 and 138-13-080, located at of Cleveland, with Akbar and Ten - Directors Dumas, Withers, R. Smith, the southwest corner of East 119th isha El for the sale and develop - Cox, Acting Director Bounds, Direc - Street and Miles Avenue, to Miles ment of Permanent Parcel No. 110- tors Rush, Southerington, Acting Pointe Elderly Limited Partnership, 17-070 located at 873 East 129th Director Thornton, Directors Fumich as designee of Union Miles Devel - Street, according to the Land Reuti - and Rybka. opment Corporation; and lization Program in such manner as Nays: None. Whereas, by its September 14, 2011 best carries out the intent of the Absent: Mayor Jackson and Direc - letter, Union Miles Development Cor - program. tor Butler. poration requested a change in the Be it further resolved that the con - designee to which the Parcels were sideration for said shall be $1.00, JEFFREY B. MARKS, to be sold to Cuyahoga Metropolitan which amount is determined to be Secretary 1658 October 12, 2011 The City Record 15

CIVIL SERVICE NOTICES according to Sections 352.08-352.11 of line of the butt lot; provided that for ______the Cleveland Codified Ordinances. each foot of the building on the cor - ner lot sets in from the rear lot line General Information Calendar No. 11-177: 1460 West 29th or from the center of a rear alley, Application blanks and informa - Street (Ward 3) it may be set one foot near to the tion, regarding minimum entrance The Bidwell Foundation, owner, side street line according to the qualifications, scope of examination, appeals for an addition and to estab - Cleveland Codified Ordinances. and suggested reference materials lish use as a museum in an exist - may be obtained at the office of the ing building located on a 42.50' x Calendar No. 11-183: 3920 East 74th Civil Service Commission, Room 119, 138.50' lot in a C2 Semi-Industry Dis - Street (Ward 12) City Hall, East 6th Street, and Lake - trict; subject to Section 345.03 and Kenneth Cuglewski, owner, side Avenue. by reference to Section appeals to erect a 4' x 28' L-shaped, 337.02(f)(3)(A) the use for a muse - wooden wheelchair ramp on a 35' x Application blanks must be prop - um is within 30 feet of a residential 95.21' corner lot in a B1 Two-Fami - erly filled out on the official form district and requires approval from ly District and under the limitations prescribed by the Civil Service Com - the Board of Zoning Appeals and of Section 329.04(c)(1) a wooden mission and filed at the office of the the proposed addition will encroach wheelchair ramp is not a permitted commission not later than the final 3.3 feet into the adjacent Two-Fam - encroachment in the front yard area. closing date slated in the examina - ily District; and under the provi - tion announcement. sions in Section 349.04(e) and (f), Secretary the rate of required parking for a EXAMINATION RESULTS: Each museum shall be equal to one(1) for REPORT OF THE BOARD applicant whether passing or failing each four(4) employees, plus one(1) OF ZONING APPEALS will be notified of the results of the for each 1,200 square feet of gross floor area; and a transition/land - examination as soon as the commis - scaping strip 10 feet wide is MONDAY, OCTOBER 10, 2011 sion has graded the papers. There - required between the proposed use after, eligible lists will be estab - and the adjacent residential district At the meeting of the Board of lished which will consist of the as required in Section 352.10-11 of Zoning Appeals on Monday, October names of those candidates who have the Cleveland Codified Ordinances. 10, 2011, the following appeals were been successful in all parts of the heard by the Board. examination. Calendar No. 11-178: 3327 West 32nd Street (Ward 14) The following appeals were PHYSICAL EXAMINATION: All Dimitri Salivaras, owner, appeals APPROVED: candidates for original entrance po - to establish a dance studio business sitions who are successful in other in an existing two-story building on Calendar No. 11-165: 2039-59 West parts of the examinations must sub - a 32.33' x 100' corner lot in a B1 11th Place mit to a physical examination. General Retail Business District; the Nathan Dent Development, LLC, proposed use permitted under Sec - owner, and Jessie Grant, prospective ROBERT BENNETT, tion 343.11(b)(2)(L) and subject to purchaser, appealed to construct President location regulations in Section four (4) townhouses on consolidated 347.12(a)(1) required to be separat - parcels in a C1 Multi-Family Dis - ed no less than 500 feet from a res - trict. SCHEDULE OF THE BOARD idential district, a daycare center, OF ZONING APPEALS kindergarten, elementary or sec - Calendar No. 11-166: 7920-8014 Gold - ondary school, public library, en Avenue church, playground, public or non - Fairfax Renaissance Development MONDAY, OCTOBER 24, 2011 profit recreation or community cen - Corporation and Cuyahoga Metro - ter; and an off-street parking area politan Housing Authority appealed 9:30 A.M. equal to three (3) times the gross to construct six (6) two-story town - floor area is required under Section houses and four (4) one-story flats Calendar No. 11-176: 3860 West 140th 349.04(e) in the Cleveland Codified in a C1 Multi-Family District. Street (Ward 18) Ordinances. Yuleter Deleon, owner, appeals to Calendar No. 11-167: 8113 Central Avenue establish use as a motor vehicle Calendar No. 11-179: 1812 West 57th Fairfax Renaissance Development minor repair garage in an existing Street (Ward 15) Corporation and Cuyahoga Metro - building on a corner property in a Dimitri Salivaras, owner, appeals to erect a one-story frame garage politan Housing Authority appealed C1 Local Retail Business District; addition 8' x 18' to an existing to construct nine (9) two-story town - the proposed use not permitted dwelling located on a 40' x 114' lot houses and six (6) one-story flats in under Section 343.01 and first in a B1 Two-Family District; subject a C1 Multi-Family District. allowed according to Section 343.14 to the limitations under Section in a General Retail Business Dis - 357.09 that require an interior side Calendar No. 11-168: 8205-35 Central trict and requires accessory off- yard to be no less than 3 feet nor Avenue street parking spaces that measure shall the aggregate width of side Fairfax Renaissance Development 180 square feet pursuant to Section yards on the same premises be less Corporation and Cuyahoga Metro - 325.03, with driveways and maneu - than 10 feet and in no case shall the politan Housing Authority appealed vering areas properly graded for width of the interior side yard be to construct nine (9) two-story town - drainage so that all water is less than one-fourth the height of houses and six (6) one-story flats in drained within the lot that shall be the main building on the premises. a C1 Multi-Family District. surfaced with concrete, asphaltic concrete, asphalt or other surfacing Calendar No. 11-182: 14501 Rainbow Calendar No. 11-169: 8001-8105 Cen - materials approved by the Director Drive (Ward 19) tral Avenue of Building and Housing, main - Carol Brown, owner, appeals to Fairfax Renaissance Development tained in good condition free of erect a 20' x 20' one-story frame Corporation and Cuyahoga Metro - debris and trash; and provided with detached garage on an irregular politan Housing Authority appealed wheel or bumper guards located so shaped corner lot in a B1 Two-Fam - to construct nine (9) two-story town - that no part of a parked vehicle ily District; contrary to Section houses and six (6) one-story flats in extends beyond the parking space 357.05(b)(1) a side street setback of a C1 Multi-Family District. according to Section 349.07; and 9 feet is proposed where a minimum under the provisions in Section of 10 feet is required; and the pro - The following appeals were DIS - 352.08(g) all landscaped strips in or posed garage is within the required MISSED: abutting parking areas shall be sep - setback triangle as defined under arated on all sides from the parking Section 357.05(b)(2) that on the rear Refused Tow Truck surface by curbing consisting of of a corner lot where the rear lot Drivers License concrete, stone, brick or asphalt; and line is also the side line of the butt Calendar No. 10-23 1: Fernado Taylor a landscape transition strip 20 feet lot and a setback building line is Fernando Taylor appealed from a wide is required where the lot abuts established for such butt lot, no decision of the Commissioner of a Two-Family District and a mini - building shall be erected nearer to Assessments and Licenses for mum frontage landscape strip is the side street at the rear line of the refusal to issue a Tow Truck Dri - required along the street frontage corner lot than the setback building vers License. 1659 16 The City Record October 12, 2011

Calendar No. 11-148: 1222 Prospect itor parking, welcome center on Department of Public Works, as Avenue acreage in an E5 General Retail authorized by Ordinance No. 454-11, RTN Limited Partners, owner, and Business District; subject to condi - passed by the Council of the City David Parker, prospective tenant, tion. of Cleveland, May 16, 2011. appealed to establish use as a bar THERE WILL BE A NON-REFUND - with live entertainment in an E5 Secretary ABLE FEE FOR PLANS AND General Retail Business District. SPECIFICATIONS IN THE The following appeals were POST - REPORT OF THE BOARD AMOUNT OF TWENTY FIVE PONED: DOLLARS ($25.00) IN THE OF BUILDING STANDARDS FORM OF A CASHIER’S CHECK Calendar No. 11-153: 3292 Fulton AND BUILDING APPEALS AND OR MONEY ORDER ONLY Road postponed to October 31, (NO COMPANY CHECKS, NO 2011. CASH AND NO CREDIT CARDS WILL BE ACCEPTED). NO MEETING Calendar No. 11-157: 1721 Fulton THERE WILL BE A NON-MANDA - Road postponed to November 14, TORY PRE-BID MEETING 2011. THURSDAY, OCTOBER 13, 2011 PUBLIC NOTICE AT 2:00 P.M. THE CLEVELAND Calendar No. 11-171: 3741 East 146th PUBLIC AUDITORIUM, 3RD Street postponed to October 24, 2011. FLOOR CONFERENCE ROOM, NONE 500 LAKESIDE AVENUE, The following appeals heard by CLEVELAND, OHIO 44114. the Board on October 3, 2011 were adopted and approved on October 10, NOTICE OF PUBLIC HEARING File No. 170-11 – Fulton Road Con - 2011. struction (Denison Avenue to Clark Avenue), for the Division of The following appeals were NONE Engineering and Construction, APPROVED: Mayor’s Office of Capital Projects, as authorized by Ordinance No. 619- Calendar No. 11-160: 2215 West 10th Street 10, passed by the Council of the Nicholas Graor appealed to erect CITY OF CLEVELAND BIDS City of Cleveland, June 7, 2010. an open carport, a second floor deck THERE WILL BE A NON-REFUND - and two roof dormers to a one fam - ABLE FEE FOR PLANS AND ily dwelling in a C1 General Retail SPECIFICATIONS IN THE Business District. For All Departments AMOUNT OF SEVENTY FIVE DOLLARS ($75.00) IN THE Calendar No. 11-161: 3430 Memphis Sealed bids will be received at the FORM OF A CASHIER’S CHECK Avenue office of the Commissioner of Pur - AND OR MONEY ORDER ONLY Ewazen Management Ltd., owner, chases and Supplies, Room 128, City (NO COMPANY CHECKS, NO and Makia Santiago, tenant, Hall, in accordance with the append - CASH AND NO CREDIT CARDS appealed to change from a plumber ed schedule, and will be opened and WILL BE ACCEPTED). contracting office to a nail salon the read in Room 128, City Hall, imme - THERE WILL BE A NON-MANDA - use of a building in a C1 Multi-Fam - diately thereafter. TORY PRE-BID MEETING ily. Each bid must be made in accor - THURSDAY, OCTOBER 13, 2011 dance with the specifications and Calendar No. 11-163: 12204 Mayfield must be submitted on the blanks AT 10:00 A.M. THE CLEVELAND Road CITY HALL, ROOM 518, 601 Clara’s Place LLC and Rosanne supplied for the purpose, all of which may be obtained at the office LAKESIDE AVENUE, CLEVE - Passalaqua, owner, and Anthony LAND, OHIO 44114. Nunes, tenant, appealed to change a of the said Commissioner of Pur - store space in a mixed use building chases and Supplies, but no bid will to a restaurant in a C2 General be considered unless delivered to File No. 174-11 – Dive Equipment, for Retail Business District; subject to the office of the said commissioner the Division of Fire, Department of condition. previous to 12:00 noon (Eastern Public Safety, as authorized by Standard Time) on the date speci - Ordinance No. 811-10, passed by the Calendar No. 11-164: 2656 Martin fied in the schedule. Council of the City of Cleveland, Luther King Jr. Drive 187.10 Negotiated contracts; Notice July 14, 2010. Eunice Spires appealed to erect an required in Advertisement for Bids. THERE WILL BE A NON-MANDA - L-shaped wooden wheelchair ramp Where invitations for bids are TORY PRE-BID MEETING in the front yard of a parcel in a B1 advertised, the following notice THURSDAY, OCTOBER 13, 2011 Two-Family District. shall be included in the advertise - AT 10:00 A.M. FIRE HEAD - ment: “Pursuant to the MBE/FBE QUARTERS, BASEMENT CON - Calendar No. 11-108: 2580 East 93rd Code, each prime bidder, each minor - Street FERENCE ROOM, 1645 SUPERI - ity business enterprise (“MBE”) and Kash Properties LLC appealed to OR AVENUE, CLEVELAND, change from an office and storage each female business enterprise OHIO 44114. use to a motor vehicle service (“FBE”) must be certified before garage in a Semi-Industry District. doing business with the City. There - fore, any prime contractor wishing October 5, 2011 and October 12, 2011 The following appeal heard by the to receive credit for using an MBE Board on September 6, 2011 was or FBE should ensure that applica - FRIDAY, OCTOBER 28, 2011 adopted and approved by the Board tions for certification as to MBE or on October 10, 2011. FBE status compliance with the File No. 171-11 – Purchase of Jani - Code, affirmative action in employ - torial Supplies, for the Various Calendar No. 11-149: 4780 Reid ment and, if applicable, joint ven - Divisions of Port Control, Depart - Avenue ture status, are submitted to the Of - ment of Port Control, as authorized Greater Cleveland Community fice of Equal Opportunity (“OEO”) by Section 181.101 of the Codified Development Corporation appealed prior to the date of bid opening or Ordinances of Cleveland, Ohio, 1976. to erect a freestanding single faced submission of proposals or as speci - THERE WILL BE A NON-MANDA - real estate sign on vacant acreage fied by the Director. Failure to com - TORY PRE-BID MEETING FRI - in a B3 Semi-Industry District; sub - ply with the business enterprise ject to conditions. DAY, OCTOBER 14, 2011 AT 10:00 code or with representations made A.M. THE DEPARTMENT OF on these forms may result in can - The following appeal heard by the PORT CONTROL, CLEVELAND Board on September 26, 2011 was cellation of the contract or other HOPKINS INTERNATIONAL adopted and approved on October 10, civil or criminal penalties.” AIRPORT’S CENTRAL RECEIV - 2011. ING BUILDING, 19451 FIVE WEDNESDAY, OCTOBER 26, 2011 POINTS ROAD, CLEVELAND, Calendar No. 11-158: 2105 Ontario OHIO 44135-3193. Street File No. 169-11 – 2011 Cemetery USA Parking Systems appealed to Improvements, for the Division of erect a 53,600 square feet casino vis - Architecture and Site Development, October 5, 2011 and October 12, 2011 1660 October 12, 2011 The City Record 17

THURSDAY, NOVEMBER 3, 2011 ADOPTED RESOLUTIONS Section 3. That this resolution is AND ORDINANCES hereby declared to be an emergency File No. 175-11 – Document Scanning measure and, provided it receives the affirmative vote of two-thirds of all and Data Entry Services, for the Res. No. 1098-11. Division of the Central Collection the members elected to Council, it By Council Members Miller, Cleve - shall take effect and be in force imme - Agency, Department of Finance, as land and Sweeney (by request). diately upon its adoption and authorized by Ordinance No. 913-11, An emergency resolution declaring approval by the Mayor; otherwise, it passed by the Council of the City the intent to vacate a portion of Alli - shall take effect and be in force from of Cleveland, August 17, 2011. son Avenue N.W. and after the earliest period allowed THERE WILL BE A NON-MANDA - Whereas, this Council is satisfied by law. TORY PRE-BID MEETING MON - that there is good cause to vacate a Adopted October 3, 2011. DAY, OCTOBER 17, 2011 AT 2:00 portion of Allison Avenue N.W., as Effective October 6, 2011. P.M. THE CENTRAL COLLEC - described; and TION AGENCY, 205 WEST SAINT Whereas, this resolution consti - tutes an emergency measure provid - CLAIR AVENUE, ROOM 300, ing for the usual daily operation of a CLEVELAND, OHIO 44113. Res. No. 1398-11. municipal department; now, there - By Council Member Brady. fore, An emergency resolution objecting Be it resolved by the Council of October 5, 2011 and October 12, 2011 to a New C1 Liquor Permit at 10945 the City of Cleveland: Lorain Avenue. Section 1. That this Council Whereas, Council has been notified FRIDAY, NOVEMBER 4, 2011 declares its intent to vacate a por - by the Department of Liquor Control tion of the following described real of an application for a New C1 Liquor File No. 168-11 2011 – Landscape property: Allison Avenue N.W. (40.00 Permit at Sofianos Enterprises, DBA Maintenance at Various Public feet wide), extending from the west - Dimitris Restaurant, 10945 Lorain Utilities Facilities (Re-bid), for erly right of way line of West 137th Avenue, Cleveland, Ohio 44111, Per - the Division of Water, Department Street (50.00 feet wide), westerly to manent Number 83556750005; and of Public Utilities, as authorized by its terminus. Whereas, the granting of this appli - Ordinance No. 1599-10, passed by the Legal Description approved by cation for a liquor permit to this high Council of the City of Cleveland, Greg Esber, Section Chief, Plats, Sur - crime area, which is already saturat - December 6, 2010. veys and House Numbering Section. ed with other liquor outlets, is con - trary to the best interests of the entire THERE WILL BE A MANDATORY Section 2. That this resolution is declared to be an emergency measure community; and PRE-BID MEETING THURSDAY, and, provided it receives the affirma - Whereas, the applicant does not OCTOBER 13, 2011 AT 2:30 P.M. tive vote of two-thirds of all the mem - qualify to be a permit holder and/or THE CARL B. STOKES, PUBLIC bers elected to Council, it shall take has demonstrated that he has operat - UTILITIES BUILDING, MAIN effect and be in force immediately ed his liquor business in disregard of AUDITORIUM, 1201 LAKESIDE upon its adoption and approval by the the laws, regulations or local ordi - AVENUE, CLEVELAND, OHIO Mayor; otherwise it shall take effect nances of this state or any other state; 44114. and be in force from and after the ear - and THE CITY OF CLEVELAND WILL liest period allowed by law. Whereas, the place for which the NOT CONSIDER THE BID OF Adopted October 3, 2011. permit is sought has not conformed to the building, safety or health require - ANYONE WHO DOES NOT AT- Effective October 6, 2011. ments of the governing body of this TEND A MANDATORY PRE-BID County or City; and CONFERENCE. Whereas, the place for which the permit is sought is so arranged or con - File No. 172-11 – Disposal of Con - Res. No. 1397-11. structed that law enforcement offi - struction and Demolition Debris – By Council Members Conwell and cers or agents of the Department of Contracts C & D, for the Division Cimperman. Liquor Control are prevented reason - An emergency resolution calling of Waste Collection and Disposal, able access to the establishment; and upon Mayor Jackson, Cuyahoga Coun - Department of Public Works, as Whereas, the place for which the ty Executive Ed Fitzgerald and the permit is sought is so located with authorized by Ordinance No. 749-11, Cuyahoga County Council to form a passed by the Council of the City respect to the neighborhood that it Gang Prevention and Youth Violence substantially interferes with public of Cleveland, June 6, 2011. Task Force within the municipalities decency, sobriety, peace or good THERE WILL BE A NON-MANDA - in Cuyahoga County. order; and TORY PRE-BID MEETING Whereas, gang and youth violence Whereas, this objection is based on WEDNESDAY, OCTOBER 19, 2011 is a growing and real concern across other legal grounds as set forth in AT 10:00 A.M. THE DIVISION OF the City of Cleveland and nearly all Revised Code Section 4303.292; and WASTE COLLECTION AND DIS - areas of Cuyahoga County; and Whereas, this resolution consti - POSAL, 5600 CARNEGIE Whereas, nearly every day, there tutes an emergency measure provid - AVENUE, CLEVELAND, OHIO are reports of gang murders, rob - ing for the immediate preservation of beries, intimidations and other types 44103. the public peace, prosperity, safety of domestic terrorism that seem to be and welfare pursuant to Section spreading and taxing all systems of 4303.26 of the Ohio Revised Code. October 5, 2011 and October 12, 2011 government; and Council’s objection to said permit Whereas, we have a responsibility must be received by the Director of and moral obligation to do all we can Liquor Control within 30 days of noti - WEDNESDAY, NOVEMBER 9, 2011 to eliminate gangs and the related fication; now, therefore, violence from our society; and Be it resolved by the Council of File No. 173-11 – EOC Project Audio Whereas, this resolution consti - the City of Cleveland: Visual Upgrade Equipment, for tutes an emergency measure for the Section 1. That Council does here - the Division of Safety Administra - immediate preservation of public by record its objection to a New C1 tion, Department of Public Safety, peace, property, health, or safety, Liquor Permit at Sofianos Enter - as authorized by Ordinance No. 715- now, therefore, prises, DBA Dimitris Restaurant, 09, passed by the Council of the Be it resolved by the Council of 10945 Lorain Avenue, Cleveland, City of Cleveland, June 1, 2009. the City of Cleveland: Ohio 44111, Permanent Number That this Council calls THERE WILL BE A NON-MANDA - Section 1. 83556750005; and requests the Direc - upon Mayor Jackson, County Exec - tor of Liquor Control to set a hear - TORY PRE-BID MEETING MON - utive Ed Fitzgerald and the Cuya - ing for said application in accor - DAY, OCTOBER 17, 2011 AT 3:00 hoga County Council to form a Gang dance with provisions of Section P.M. THE OFFICE OF EMER - Prevention and Youth Violence 4303.26 of the Revised Code of Ohio. GENCY MANAGEMENT, 205 Task Force within the municipali - Section 2. That the Clerk of Council WEST SAINT CLAIR AVENUE, ties in Cuyahoga County. be and she is hereby directed to trans - ROOM 306, CLEVELAND, OHIO Section 2. That the Clerk of Council mit two certified copies of this resolu - 44113. is directed to transmit copies of this tion, together with two copies of a let - resolution to Cuyahoga County Exec - ter of objection and two copies of a utive Ed Fitzgerald and all members letter requesting that the hearing be October 5, 2011 and October 12, 2011 of the Cuyahoga County Council. held in Cleveland, Cuyahoga County. 1661 18 The City Record October 12, 2011

Section 3. That this resolution is Permit at 8800 Woodland Avenue, and Inc., 8800 Woodland Avenue, Cleve - hereby declared to be an emergency repealing Resolution No. 981-11, land, Ohio 44104, Permanent Number measure and, provided it receives the objecting to said transfer. 0041983 be and the same is hereby affirmative vote of two-thirds of all Whereas, this Council objected to a withdrawn and Resolution No. 981- the members elected to Council, it D5 and D6 Liquor Permit to 8800 11, containing such objection, be and shall take effect and be in force imme - Woodland Avenue by Resolution No. the same is hereby repealed and diately upon its adoption and 981-11 adopted by the Council on July that this Council consents to the approval by the Mayor; otherwise, it 20, 2011; and immediate transfer thereof. shall take effect and be in force from Whereas, this Council wishes to Section 2. That this resolution is and after the earliest period allowed withdraw its objection to the above hereby declared to be an emergency by law. transfer of liquor license and con - measure and provided it receives the Adopted October 3, 2011. sents to said transfer; and affirmative vote of two-thirds of all Effective October 6, 2011. Whereas, this resolution consti - the members elected to Council, it tutes an emergency measure provid - shall take effect and be in force imme - ing for the usual daily operation of a diately upon its adoption and municipal department; now, there - approval by the Mayor; otherwise, it Res. No. 1399-11. fore, shall take effect and be in force from By Council Member K. Johnson. Be it resolved by the Council of and after the earliest period allowed An emergency resolution with - the City of Cleveland: by law. drawing objection to the transfer of Section 1. That objection to a D5 Adopted October 3, 2011. Liquor License of a D5 and D6 Liquor and D6 Liquor Permit to Ace Palace, Effective October 6, 2011.

Ord. No. 838-11. By Council Member Brancatelli. An ordinance establishing a Planned Unit Development Overlay District and changing the Use, Area and Height Dis - tricts of a lands located on the north side of Aetna Road at E. 71st Street and E. 72nd Street to a One Family Residential District, an ‘A’ Area District and a ‘1’ Height District (Map Change No. 2365, Sheet No. 6) Whereas, Third Federal Savings and Loan, dba FBE, Inc.. has submitted an application to the Director of the City Planning Commission proposing the creation of a Planned Unit Development (PUD) Overlay District on a parcel of land located on the north side of Aetna Road at E. 71st Street and E. 72nd Street shown shaded on the attached map and con - struction of a PUD project to be known as “Morgana PUD” on said property; and Whereas, the Director of the City Planning Commission has accepted said application and has provided written noti - fication of his acceptance of the application to the member of the Council whose ward the proposed PUD Overlay Dis - trict and PUD project are located, and said member of Council has not objected; and Whereas, the City of Cleveland has determined that the proposed PUD Overlay District and PUD project meets the pur - poses and the approval standards set forth in Chapter 334 of the Codified Ordinances of Cleveland, Ohio, 1976, now, there - fore: Be it ordained by the Council of the City of Cleveland: Section 1. That the Use, Area and Height Districts of lands bounded and described as follows: Beginning in the centerline of Aetna Road at its intersection with the southerly prolongation of the centerline of E. 72nd Street; Thence northerly along said southerly prolongation of said centerline of E. 72nd Street to its intersection with the southerly line of the Wheeling and Lake Erie Railroad; Thence westerly along said southerly line to its intersection with the easterly line of a parcel of land conveyed to FBE, Inc. by deed dated May 18, 2006 and recorded in Auditor’s File Number 200605180557 said parcel also being known as Cuyahoga County’s Permanent Parcel Number 132-02-010; Thence in a southerly direction following said easterly line and continuing along its southerly prolongation to its intersection with the centerline of Aetna Road; Thence southeasterly along said centerline of Aetna Road and to its intersection with the southerly prolongation of the centerline of E. 72nd Street and the principal place of beginning; and as shaded on the attached map is changed to a One Family Residential District, an ‘A’ Area District and a ‘1’ Height District. Section 2. That the lands bounded and described as followed: Beginning in the centerline of E. 72nd Street at its intersection with the easterly prolongation of the southerly line of a parcel of land conveyed to FBE, Inc. by deed dated August 19, 2002 and recorded in Auditor’s File Number 2002108191380, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 133-02-079; Thence westerly along said easterly prolongation of said southerly line and along its westerly prolongation to its intersection with the centerline of East 71st Street; Thence southerly along said centerline of East 71st Street to its intersection with a line drawn 150 feet from and par - allel to the centerline of Aetna Avenue; Thence northwesterly along said parallel line to its intersection with the easterly line of a parcel of land conveyed to FBE, Inc. by deed dated May 18, 2006 and recorded in Auditor’s File Number 200605180557 said parcel also being known as Cuyahoga County’s Permanent Parcel Number 132-02-010; Thence in a northerly direction following said easterly line to its intersection with the southerly line of the Wheeling and Lake Erie Railroad; Thence easterly along said southerly line of the Wheeling and Lake Erie Railroad to its intersection with the center - line of East 72nd Street; Thence southerly along said centerline of East 72nd Street to its intersection with the easterly prolongation of the southerly line of a parcel of land conveyed to FBE, Inc. by deed dated August 19, 2002 and recorded in Auditor’s File Num - ber 2002108191380, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 133-02-079 and the prin - cipal place of beginning; And as outlined on the attached map is designated as a Planned Unit Development (PUD) in accordance with the provi - sions of Chapter 334 of the Codified Ordinances of Cleveland, Ohio, 1976. Section 3. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2365, Sheet No. 6, 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 4. That no building permit shall be issued by the City of Cleveland for property located within the Planned Unit Development Overlay District established by this ordinance unless the building permit application conforms with the PUD project plan approved by this ordinance. Section 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 1662 October 12, 2011 The City Record 19

Passed October 3, 2011. Effective November 2, 2011.

Ord. No. 910-11. State: a multi-purpose trail on the Section 4. (a) That all existing By Council Members Cimperman, north side of the Lorain Carnegie streets and public rights-of-way with - Miller, Cleveland and Sweeney (by Bridge from Ontario Street to West in the City that are necessary for the departmental request). 20th Street (the “Improvement”). Improvement shall be made avail - An emergency ordinance giving Section 2. That the City gives its able. consent of the City of Cleveland to the consent to the Improvement and its (b) The City understands that right-of-way costs include eligible Ohio Department of Transportation administration by the State, provided utility costs. for the construction of a multi-pur - that this ordinance shall not be con - pose trail on the north side of the (c) The City agrees to be responsi - strued to impose any financial obliga - ble for all utility accommodation, Lorain Carnegie Bridge from Ontario tion on the City for the Improvement. Street to West 20th Street; and autho - relocation, and reimbursement and However, the City agrees to assume rizing the Director of Capital Projects agrees that all such accommodations, and contribute 100% of the cost of any to enter into any relative agreements. relocations, and reimbursements items included in the construction Whereas, this ordinance constitutes shall comply with the current provi - sions of 23 CFR 645 and the ODOT an emergency measure providing for contract, at the request of the City, Utilities Manual. the usual daily operation of a munici - which are determined by the State not Section 5. That on completion of the pal department; now therefore, eligible or made necessary by the Improvement. Improvement, the City will: Be it ordained by the Council of (a) Maintain the Improvement the City of Cleveland: Section 3. That the Director of Capi - tal Projects is authorized to enter into according to the provisions of the Section 1. That it is declared to be statutes relating thereto for the rou - one or more agreements with the in the public interest that the con - tine maintenance, including but not sent of the City of Cleveland is State necessary to complete the plan - limited to, 23 USC 116; given to the Director of Trans - ning and construction of the Improve - (b) Provide ample financial provi - portation of the State of Ohio (“the ment, which agreements shall contain sions, as necessary, for the routine State”) to construct the following terms and conditions that the Director maintenance of the Improvement; improvement under plans, specifica - of Law determines shall best protect (c) Maintain the right-of-way and tions, and estimates approved by the the public interest. keep it free of obstructions; 1663 20 The City Record October 12, 2011

(d) Hold the right-of-way inviolate This ordinance constitutes the addi - bers elected to Council, it shall take for public highway purposes. tional legislative authority required effect and be in force immediately Section 6. That this Council by Ordinance No. 186-07 to exercise upon its passage and approval by the requests the State to proceed with the this option. Mayor; otherwise it shall take effect Improvement. Section 2. That this ordinance is and be in force from and after the ear - Section 7. That the Clerk of Council declared to be an emergency measure liest period allowed by law. is authorized and directed to transmit and, provided it receives the affirma - Passed October 3, 2011. to the State three (3) certified copies tive vote of two-thirds of all the mem - Effective October 6, 2011. of this ordinance immediately on its bers elected to Council, it shall take taking effect, and it shall become the effect and be in force immediately basis for proceeding with the upon its passage and approval by the Improvement. Mayor; otherwise it shall take effect Ord. No. 918-11. Section 8. That this ordinance is and be in force from and after the ear - By Council Members Keane and declared to be an emergency measure liest period allowed by law. Sweeney (by departmental request). and, provided it receives the affirma - Passed October 3, 2011. An emergency ordinance authoriz - tive vote of two-thirds of all the mem - Effective October 6, 2011. ing the Director of Port Control to bers elected to Council, it shall take exercise the first option to renew Con - effect and be in force immediately tract No. 69827 with Michael Baker, upon its passage and approval by the Jr., Inc. to provide additional general Mayor; otherwise it shall take effect Ord. No. 917-11. engineering design services, for the and be in force from and after the ear - By Council Members Keane and Department of Port Control. liest period allowed by law. Sweeney (by departmental request). Whereas, under the authority of Passed October 3, 2011. An emergency ordinance authoriz - Ordinance No. 186-07, passed March 12, Effective October 6, 2011. ing the Director of Port Control to 2007, the Director of Port Control exercise the first option to renew Con - entered into Contract No. 69827 with tract No. 69828 with C&S Engineers, Michael Baker, Jr., Inc. to provide Inc. to provide additional general general engineering services; and Ord. No. 915-11. engineering design services, for the Whereas, Ordinance No. 186-07 By Council Members Keane and Department of Port Control. requires further legislation before Sweeney (by departmental request). Whereas, under the authority of exercising the first option to renew on An emergency ordinance authoriz - Ordinance No. 186-07, passed March 12, this contract; and ing the Director of Port Control to 2007, the Director of Port Control Whereas, this ordinance constitutes exercise the first option to renew Con - entered into Contract No. 69828 with an emergency measure providing for tract No. 69825 with PB Americas, Inc. C&S Engineers, Inc. to provide engi - the usual daily operation of a munici - to provide additional general engi - neering services; and pal department; now, therefore, neering design services, for the Whereas, Ordinance No. 186-07 Be it ordained by the Council of Department of Port Control. requires further legislation before the City of Cleveland: Whereas, under the authority of exercising the first option to renew on Section 1. That the Director of Ordinance No. 186-07, passed March 12, this contract; and Port Control is authorized to exer - 2007, the Director of Port Control Whereas, this ordinance constitutes cise the first option to renew Con - entered into Contract No. 69825 with an emergency measure providing for tract No. 69827 for an additional PB Americas, Inc. to provide general the usual daily operation of a munici - year, with Michael Baker, Jr., Inc. engineering services; and pal department; now, therefore, for general engineering design ser - Whereas, Ordinance No. 186-07 Be it ordained by the Council of vices for the Department of Port requires further legislation before the City of Cleveland: Control. The ordinance constitutes exercising the first option to renew on Section 1. That the Director of the additional legislative authority this contract; and Port Control is authorized to exer - required by Ordinance No. 186-07 to Whereas, this ordinance constitutes cise the first option to renew Con - exercise this option. an emergency measure providing for tract No. 69828 for an additional Section 2. That this ordinance is the usual daily operation of a munici - year, with C&S Engineers, Inc.. for declared to be an emergency measure pal department; now, therefore, general engineering design services and, provided it receives the affirma - Be it ordained by the Council of for the Department of Port Control. tive vote of two-thirds of all the mem - the City of Cleveland: This ordinance constitutes the addi - bers elected to Council, it shall take Section 1. That the Director of tional legislative authority required effect and be in force immediately Port Control is authorized to exer - by Ordinance No. 186-07 to exercise upon its passage and approval by the cise the first option to renew Con - this option. Mayor; otherwise it shall take effect tract No. 69825 for an additional Section 2. That this ordinance is and be in force from and after the ear - year, with PB Americas, Inc. for declared to be an emergency measure liest period allowed by law. general engineering design services and, provided it receives the affirma - Passed October 3, 2011. for the Department of Port Control. tive vote of two-thirds of all the mem - Effective October 6, 2011.

Ord. No. 930-11. By Council Member Zone. An ordinance to change the Use District of land located on the south sides of Fenwick Avenue west of W. 44th Street to Two Family Residential District (Map Change No. 2367, Sheet Number 1). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands bounded and described as follows: Beginning in the centerline of Fenwick Avenue at its intersection with the centerline of West 44th Street; Thence westerly along said centerline of Fenwick Avenue to its intersection with the northerly prolongation of the westerly line of a parcel of land conveyed to Scott Collins by deed dated December 18, 2002 and recorded in Auditor’s File Number 200212180413, said parcel of land being also known as Cuyahoga County’s Permanent Parcel Number 006-22-037; Thence southerly along said northerly prolongation of said westerly line and continuing along its southerly prolon - gation to its intersection with the centerline of Walworth Road; Thence easterly along said centerline of Walworth Road to its intersection with the centerline of W. 44th Street; Thence northerly along said centerline of W. 44th Street to its intersection with the centerline of Fenwick Avenue and the principal place of beginning; and as shaded on the attached map is changed to a Two Family Residential District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2367, Sheet No. 1 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 1664 October 12, 2011 The City Record 21

Passed October 3, 2011. Effective November 2, 2011.

Ord. No. 961-11. By Council Member Miller . An ordinance to change the Use, Area and Height Districts of land located on the north side of Euclid Avenue between Burgess Road and Cliffview Road to Two Family Residential, a ‘B’ Area District and a ‘1’ Height District (Map Change No. 2368, Sheet Number 7). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use, Area and Height Districts of lands bounded and described as follows: Beginning in the centerline of Euclid Avenue at its intersection with the centerline of Cliffview Road; Thence northwesterly along said centerline of Cliffview Road to its intersection with the northeasterly prolongation of the southeasterly line of Sublot Number 85 in the Euclid View Land Company Subdivision Number 1 shown on the recorded plat in Volume 32, Page 19 of Cuyahoga County Map Records; Thence southwesterly along said northeasterly prolongation of said southeasterly line and along its southwesterly prolongation to its intersection with the centerline of Burgess Road; Thence southeasterly along said centerline of Burgess Road and along its southeasterly prolongation to its intersec - tion with the centerline of Euclid Avenue; Thence northeasterly along said centerline of Euclid Avenue to its intersection with the centerline of Cliffview Road and the principal place of beginning; and as shaded on the attached map is changed to a Two Family Residential District, a ‘B’ Area District and 1 Height Dis - trict. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2368, Sheet No. 7 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 1665 22 The City Record October 12, 2011

Passed October 3, 2011. Effective November 2, 2011.

Ord. No. 1095-11. Section 1. That notwithstanding a distance of 33.00 feet to the Grantors By Council Members Cleveland, and as an exception to the Codified northeasterly property corner, said Miller and Sweeney (by departmental Ordinances of Cleveland, Ohio, 1976, property corner referenced by a bent request). the Commissioner of Purchases and iron pin found N 45°43'42" E at a dis - An emergency ordinance authoriz - Supplies is authorized to acquire tance of 3.29 feet and an iron pin ing the acquisition of certain real real property from the Greater found N 82 °43'46" E at a distance of property interests from the Greater Cleveland Regional Transit Author - 3.86 feet, said property corner also Cleveland Regional Transit Authori - ity (“GCRTA”), at no cost to the being the intersection of the westerly ty in connection with the new termi - City of Cleveland, in connection right of way line of Broadway nus constructed by the GCRTA at with the new cul de sac constructed Avenue and the southerly right of Broadway Avenue and Rockefeller by the GCRTA at Broadway Avenue way line of Rockefeller Avenue and Avenue, for the Office of Capital Pro - and Rockefeller Avenue, for the the TRUE PLACE OF BEGINNING of jects. Office of Capital Projects, more par - the parcel herein described; Whereas, Greater Cleveland ticularly described as follows: Thence, following the Grantor’s easterly property line, the westerly Regional Transit Authority Parcel A right of way line of Broadway (“GCRTA”) was required by the City Being a part of Sublot Numbers 25, Avenue and the easterly line of said to purchase City-owned land to con - 26, 27, 28 and 29 in the John Hoyt Sublots 27, 28, and 29, S 20°39'46" E a struct a cul de sac at the new termi - Allotment and being a part of the distance of 53.60 feet to an iron pin nus of Broadway Avenue, which Original Lot Number 268 as shown in set; involved the demolition of the Rocke - the recorded plat in Volume 2 of Maps, Thence, N 74°16'54" W a distance feller Bridge; and Page 57 of the Cuyahoga County of 37.67 feet to an iron pin set at a Whereas, now that the bridge has Records, State of Ohio and more par - point of curvature; been demolished and the cul de sac ticularly bounded and described as Thence, following an arc of a curve constructed, GCRTA wishes to trans - follows: to the right having a radius of 57.00 fer this parcel of land back to the City Commencing for reference at a 1" feet, a chord bearing N 33°04'10" W a at no cost; and iron pin monument at the intersection chord length of 75.11 feet and an arc Whereas, this ordinance constitutes of the centerline of Broadway Avenue length of 82.00 feet to an iron pin set an emergency measure providing for (66 feet wide) and the centerline of on the Grantor’s northerly property the usual daily operation of a munici - Rockefeller Avenue, thence S line and the southerly right of way pal department; now, therefore, 20°39'46" E along the centerline of line of Rockefeller Avenue; Be it ordained by the Council of Broadway Avenue a distance of 14.63 Thence, following the Grantor’s the City of Cleveland: feet to a point; thence S 69°20'14" W northerly property line and the 1666 October 12, 2011 The City Record 23 southerly right of way line of Rocke - of Beginning of the encroachment lization of nonproductive lands situ - feller Avenue S 68°29'15" E, a dis - herein described; ated within the City of Cleveland; and tance of 62.70 feet to the TRUE Thence South 07°45'50" East, 8.00 Whereas, real property acquired PLACE OF BEGINNING and contain - feet to a point; under the City’s Land Reutilization ing 0.067 acres and subject to all legal Thence South 82°14'10" West, Program is acquired, held, adminis - highways. 145.50 feet to an angle point; tered and disposed by the City of The above described being Parcel A Thence South 89°33'29" West, 35.51 Cleveland through its Department of of Lot Consolidation and Split Plat feet to a point; Community Development under the recorded in Volume 361 Page 77 of Thence North 00°26'31" West, 8.00 terms of Chapter 5722 of the Ohio Cuyahoga County Map Records feet to the northerly line of said Revised Code and Section 183.021 of The bearings contained herein are Wilbur Avenue S.E.; Codified Ordinances of the City of to an assumed meridian and are use to Thence North 89°33'29" East along Cleveland, 1976; and delineate angles only. the northerly line of Wilbur Avenue Whereas, this ordinance constitutes Legal Description approved by S.E., 35.00 feet to an angle point; an emergency measure providing for Greg Esber, Section Chief, Plats, Sur - Thence North 82°14'10" East con - the usual daily operation of a munici - veys and House Numbering Section. tinuing along the northerly line of pal department; now, therefore, Section 2. That the Director of Capi - Wilbur Avenue S.E., 144.99 feet to the Be it ordained by the Council of tal Projects is authorized to execute Principal Place of Beginning and con - the City of Cleveland: all documents necessary on behalf of taining 0.0331 acres of land as sur - Section 1. That under Section the City to acquire certain rights in veyed and described by Edward Dud - 183.021 of the Codified Ordinances of and to the property. ley P.S. No. 6747 of the Riverstone Cleveland, Ohio 1976, the Commis - Section 3. That this ordinance is Company in July of 2011, be the same, sioner of Purchases and Supplies is declared to be an emergency measure more or less but subject to all legal authorized to sell the real property, and, provided it receives the affirma - highways, restrictions, reservations more fully described below, to tive vote of two-thirds of all the mem - and easements of record. Michael H. O’Neil. bers elected to Council, it shall take Basis of Bearing: Section 2. That the real property to effect and be in force immediately The centerline of Carnegie Avenue be sold pursuant to this ordinance is upon its passage and approval by the as North 87°10'50" West on the Map of more fully described as follows: Mayor; otherwise it shall take effect Consolidation for Barton Brunswick and be in force from and after the ear - recorded in Volume 279, Page 18 Cuya - P. P. No. 012-07-008 liest period allowed by law. hoga County Map Records. Situated in the City of Cleveland Passed October 3, 2011. Legal Description approved by County of Cuyahoga and State of Effective October 6, 2011. Greg Esber, Section Chief, Plats, Sur - Ohio, is described as follows: veys and House Numbering Section. And known as being Sublot No. 63 in Section 2. That Permittee may the H.C. Gates, Trustee City View Subdivision of part of Original Brook - assign the permit only with the prior lyn Township Lot No, 58 as shown by Ord. No. 1096-11. written consent of the Director of the recorded plat in Volume 23 of By Council Members Cimperman, Capital Projects. That the encroach - Maps, Page 2 of Cuyahoga County Miller, Cleveland and Sweeney (by ing structure(s) permitted by this Records and being 40 feet front on the departmental request). ordinance shall conform to plans and Southerly side of Woburn Avenue, An emergency ordinance authoriz - specifications approved by the Man - SW, and extending back of equal ing the Director of Capital Projects to ager of Engineering and Construc - width 135 feet, as appears by said issue a permit to Tudor Arms Hotel, tion. That Permittee shall obtain all plat, be the same more or less, but sub - LLC to encroach into the public right- other required permits, including but ject to all legal highways. of-way of Wilbur Avenue S.E. (50.00 not limited to Building Permits, Section 3. That all documents neces - feet wide) by using and maintaining before installing the sary to complete the conveyance an existing building, stairwell, win - encroachment(s). authorized by this ordinance shall be dow well, loading dock and ventila - Section 3. That the Director of Law executed within six (6) months of the tion duct. shall prepare the permit authorized effective date of this ordinance. If all Whereas, this ordinance constitutes by this ordinance and shall incorpo - of the documents are not executed an emergency measure providing for rate such additional provisions as the within six (6) months of the effective the usual daily operation of a munici - director determines necessary to pro - date of this ordinance, or such addi - pal department; now, therefore, tect and benefit the public interest. tional time as may be granted by the Be it ordained by the Council of The permit shall be issued only when, Director of Community Development, the City of Cleveland: in the opinion of the Director of Law, this ordinance shall be repealed and Section 1. That the Director of Permittee has properly indemnified shall be of no further force or effect. Capital Projects is authorized to the City against any loss that may Section 4. That the consideration issue a permit, revocable at the will result from the encroachment(s) per - for the subject parcel shall be estab - of Council, to Tudor Arms Hotel, mitted. lished by the Board of Control and LLC, 629 Euclid Avenue, third floor, Section 4. That the permit shall shall be not less than Fair Market Cleveland, Ohio 44114 (“Permittee”), reserve to the City reasonable right of Value taking into account such terms to encroach into the public right-of- entry to the encroachment and conditions, restrictions and way of Wilbur Avenue S.E. (50.00 location(s). covenants as are deemed necessary or feet wide) by using and maintain - Section 5. That this ordinance is appropriate. ing an existing building, stairwell, declared to be an emergency measure Section 5. That the conveyance window well, loading dock and ven - and, provided it receives the affirma - authorized hereby shall be made by tilation duct, at the following loca - tive vote of two-thirds of all the mem - official deed prepared by the Director tion: bers elected to Council, it shall take of Law and executed by the Mayor on Situated in the City of Cleveland, effect and be in force immediately behalf of the City of Cleveland. The County of Cuyahoga, and State of upon its passage and approval by the deed shall contain such provisions as Ohio, and known as being part of the Mayor; otherwise it shall take effect may be necessary to protect and bene - Original 100 Acre Lot No. 410 and fur - and be in force from and after the ear - fit the public interest including such ther bounded and described as fol - liest period allowed by law. restrictive covenants and reversion - lows: Passed October 3, 2011. ary interests as may be specified by Beginning at a drill hole in a stone Effective October 6, 2011. the Board of Control, the Director of monument found at the intersection Community Development or the of the centerlines of East 107th Street Director of Law. (60 feet wide) and Wilbur Avenue Section 6. That this ordinance is S.E. (50 feet wide); Ord. No. 1105-11. hereby declared to be an emergency Thence South 82°14'10" West along By Council Member Kelley. measure and, provided it receives the the centerline of Wilbur Avenue S.E., An emergency ordinance authoriz - affirmative vote of two-thirds of all 30.00 feet to a point; ing the sale of real property as part of the members elected to Council, it Thence North 08°25'00" West, 25.00 the Land Reutilization Program and shall take effect and be in force imme - feet to the intersection of the norther - located at 3915 Woburn Avenue to diately upon its passage and approval ly line of Wilbur Avenue S.E. and the Michael H. O’Neil. by the Mayor; otherwise it shall take westerly line of East 107th Street; Whereas, the City of Cleveland has effect and be in force from and after Thence South 82°14'10" West along elected to adopt and implement the the earliest period allowed by law. the northerly line of Wilbur Avenue procedures under Chapter 5722 of the Passed October 3, 2011. S.E., 30.00 feet to the Principal Place Ohio Revised Code to facilitate reuti - Effective October 6, 2011. 1667 24 The City Record October 12, 2011

Ord. No. 1217-11. located on East 96th Street to Real Property, are declared to be a By Council Members Keane and Cranston Chriss. public purpose for purposes of Section Sweeney (by departmental request). Section 1. That under Section 5709.41 of the Revised Code. An emergency ordinance authoriz - 183.021 of the Codified Ordinances of Section 2. That one hundred percent ing the Director of Port Control to Cleveland, Ohio, 1976, the Commis - (100%) of the Improvements are employ one or more professional con - sioner of Purchases and Supplies is declared exempt from real property sultants to design, develop, and imple - authorized to sell the real property, taxation for a period of 20 years; and ment an intranet system, including more fully described below, to that in no event shall the exemption maintenance and support for a period Cranston Chriss. period extend beyond 20 years. up to two years, for the various divi - Section 2. That the title and Section Section 3. That, under Section sions of the Department of Port Con - 1 of Ordinance No. 206-10, passed April 5709.41 of the Revised Code, Redevel - trol. 12, 2010, are repealed. oper (or the owners of the Improve - Whereas, this ordinance constitutes Section 3. That this ordinance is ments) shall make service payments an emergency measure providing for declared to be an emergency measure for a period of 20 years in lieu of the the usual daily operation of a munici - and, provided it receives the affirma - exempt taxes to the Cuyahoga County pal department; now, therefore, tive vote of two-thirds of all the mem - Treasurer; the payments shall be Be it ordained by the Council of bers elected to Council, it shall take charged and collected in the same the City of Cleveland: effect and be in force immediately manner, and shall be in an amount not Section 1. That the Director of upon its passage and approval by the less than the taxes that would have Port Control is authorized to employ Mayor; otherwise it shall take effect been paid had the Improvements not by contract or contracts one or more and be in force from and after the ear - been exempt from taxation. consultants or one or more firms of liest period allowed by law. Section 4. That a portion of the ser - consultants for the purpose of sup - Passed October 3, 2011. vice payments collected under Section plementing the regularly employed Effective October 6, 2011. 3 of this ordinance shall be distrib - staff of the several departments of uted by the Cuyahoga County Trea - the City of Cleveland in order to pro - vide professional services necessary surer to the Treasurer of the District to design, develop, and implement Ord. No. 1220-11. in the amount of the taxes that would an intranet system, including main - By Council Members Brancatelli, have been payable to the District had tenance and support for a period up Cleveland and Sweeney (by depart - the Improvement not been exempt to two years, for the various divi - mental request). from taxation. sions of the Department of Port Con - An emergency ordinance authoriz - Section 5. That the Director of Eco - trol. ing the Director of Economic Devel - nomic Development is authorized to The selection of the consultants for opment to enter into a Tax Increment enter into an agreement or agree - the services shall be made by the Financing Agreement with Green ments with Redeveloper to provide Board of Control on the nomination of City Growers, or its designee, to rede - for the exemption and service pay - the Director of Port Control from a velop an approximately 10-acre ments described in this ordinance, list of qualified consultants available brownfield site near I-490 & East 55th including agreements securing the for employment as may be determined Street into a cooperatively-owned payments described in Section 3 of after a full and complete canvass by greenhouse facility; to provide for this ordinance, which agreement or the Director of Port Control for the payments to the Cleveland City agreements shall contain those terms purpose of compiling a list. The com - School District; and to declare certain contained the file mentioned above. pensation to be paid for the services improvements to real property to be a Section 6. That it is found and deter - shall be fixed by the Board of Control. public purpose. mined that all formal actions of this The contract or contracts authorized Whereas, under Section 5709.41 of Council concerning and relating to shall be prepared by the Director of the Revised Code, improvements to the passage of this ordinance were Law, approved by the Director of Port real property may be declared to be a adopted in open meetings of this Control, and certified by the Director public purpose where fee title to the Council, and any of its committees of Finance. real property was, at one time, held by that resulted in formal action were in Section 2. That the cost of the con - the City of Cleveland and the real meetings open to the public in compli - tract or contracts authorized shall be property is then leased or conveyed ance with the law. paid from Fund No. 60 SF 001, Request by the City; and Section 7. That this ordinance is No. RQS 3001, RL 2011-160. Whereas, under Section 5709.41 of declared to be an emergency measure Section 3. That this ordinance is the Revised Code, the improvements and, provided it receives the affirma - declared to be an emergency measure declared to be a public purpose may tive vote of two-thirds of all the mem - and, provided it receives the affirma - be exempt from real property taxa - bers elected to Council, it shall take tive vote of two-thirds of all the mem - tion; and effect and be in force immediately bers elected to Council, it shall take Whereas, under Section 5709.41 of upon its passage and approval by the effect and be in force immediately the Revised Code, the owners of the Mayor; otherwise it shall take effect upon its passage and approval by the improvements may be required to and be in force from and after the ear - Mayor; otherwise it shall take effect make annual service payments in lieu liest period allowed by law. and be in force from and after the ear - of taxes that would have been paid Passed October 3, 2011. liest period allowed by law. had the improvement not been Passed October 3, 2011. exempt; and Effective October 6, 2011. Effective October 6, 2011. Whereas, under Section 5709.41 of the Revised Code, the exemption may exceed 75% of the improvements for up to 30 years when a portion of the Ord. No. 1304-11. Ord. No. 1218-11. service payments so collected are dis - By Council Members Cimperman, By Council Members Reed, Bran - tributed to the Cleveland City School Miller, Cleveland and Sweeney (by catelli and Sweeney (by departmental District (“District”) in an amount departmental request). request). equal to the amount the District An emergency ordinance to vacate An emergency ordinance to amend would have received had the improve - a portion of East 1st Street and a por - the title and Section 1 of Ordinance ment not been exempt; and tion of High Avenue S.E. No. 206-10, passed April 12, 2010, relat - Whereas, the District has been noti - Whereas, under Resolution No. ing to the sale of Land Reutilization fied of the intent to enter into the 1099-11, adopted August 17, 2011, this Program and located on East 96th agreement authorized by this ordi - Council declared its intention to Street to Cranston Chriss. nance in compliance with Sections vacate a portion of East 1st Street and Whereas, this ordinance constitutes 5709.41(C)(4) and 5709.83 of the a portion of High Avenue S.E.; and an emergency measure providing for Revised Code; and Whereas, notice of the adoption of the usual daily operation of a munici - Whereas, this ordinance constitutes the above vacation was served on the pal department; now, therefore, an emergency measure providing for abutting property owners affected by Be it ordained by the Council of the usual daily operation of a munici - the resolution which stated a time the City of Cleveland: pal department; now, therefore, and place when objections would be Section 1. That the title and Sec - Be it ordained by the Council of heard before the Board of Revision of tion 1 of Ordinance No. 206-10, the City of Cleveland: Assessments; and passed April 12, 2010, are amended Section 1. That the improvements to Whereas, on September 15, 2011, the to read as follows: be constructed by Green City Grow - Board of Revision of Assessments An emergency ordinance authoriz - ers, or its designee (“Redeveloper”), approved the above vacation under ing the sale of real property as part of as more fully described in File No. the provisions of Section 176 of the the Land Reutilization Program and 1220-11-A (“Improvements”) on the Charter of the City of Cleveland; and 1668 October 12, 2011 The City Record 25

Whereas, this Council is satisfied intersection being the principal point effect and be in force immediately that there is good cause for vacating of beginning of the vacation premises upon its passage and approval by the a portion of the above and that it will herein intended to be described; Mayor; otherwise it shall take effect not be detrimental to the general and be in force from and after the ear - interest and that it should be made; Course No. 1: liest period allowed by law. and Thence N 78° 25' 48" E, along said Passed October 3, 2011. Whereas, this ordinance constitutes northerly line of High Street, a dis - Effective October 6, 2011. an emergency measure providing for tance of 185.25 feet to its intersection the usual daily operation of a munici - with the westerly line of East 2nd Street (50 feet wide); pal department; now, therefore, Ord. No. 1389-11. Be it ordained by the Council of Course No. 2: By Council Member Cummins. the City of Cleveland: Thence S 11° 34' 12" E, a distance of An emergency ordinance authoriz - Section 1. That this Council ing Adam Boda to engage in mobile 46.36 feet to a point on the southerly peddling in Ward 14. declares that the following line of said High Avenue S.E.; described real property is vacated: Whereas, pursuant to Section 675.08 of the Codified Ordinances of Cleve - Course No. 3: land, Ohio, 1976, the consent of Coun - EAST 1st STREET VACATION Thence S 78° 25' 48" W, along said cil, expressed by ordinance is a pre - Situated in the City of Cleveland, southerly line of High Avenue S.E., a requisite to temporary sidewalk ped - County of Cuyahoga and State of Ohio distance of 166.77 feet to its intersec - dling upon the public rights of way and known as being a part of Original tion with said easterly line of Ontario outside of the Central Business Dis - Two Acre Lot No. 97 further described Street; trict; and as follows; Whereas, this Council has consid - Beginning at the intersection of the Course No. 4: ered the requests of certain persons to northerly line of High Avenue S.E., Thence N 33° 18' 27" W, along said engage in peddling outside of the Central Business District and has (46.36 feet wide), with the northeast - easterly line of Ontario Street, a dis - determined that it is in the public erly line of Ontario Street (99 feet tance of 49.91 feet the principal point interest to allow each of said persons wide); thence N 78° 25' 48" E, along of beginning and containing 0.1873 to engage in peddling in Ward 14; and said northerly line of High Avenue acres (8,160 sq. ft.) of land according Whereas, this ordinance constitutes S.E., a distance of 61.42 feet to its to a survey by Garrett and Associates an emergency measure providing for intersection with said westerly line of in May, 2011 be the same more or less the usual daily operation of a munici - East 1st Street, said intersection but subject to all legal highways and pal department; now, therefore, Be it ordained by the Council of being the principal point of beginning easements of record. the City of Cleveland: of the vacation premises herein Bearings cited within the above description are of an assumed meridi - Section 1. That, pursuant to Sec - intended to be described; tion 675.08 of the Codified Ordi - an and are for the sole purpose of nances, this Council hereby consents Course No. 1: determining angles. to allow Adam Boda to engage in Thence N 11° 27' 00" W, along said The intent of this description is to mobile peddling in the public right westerly line of East 1st Street, a dis - vacate High Avenue S.E. from the of way in Ward 14. easterly line of Ontario Street to the tance of 77.50 feet to the northerly line Section 2. That all of the require - westerly line of East 2nd Street. ments of Chapter 675 of the Codified of the vacation being described here - Legal Description approved by Ordinances shall apply to the persons in; Greg Esber, Section Chief, Plats, Sur - named in Section 1 of this ordinance. veys and House Numbering Section. Section 3. That the privilege grant - Course No. 2: Section 2. That there is reserved to ed herein may be revoked at any time Thence N 78° 33' 00" E, along said by this Council. the City of Cleveland an easement of Section 4. That this ordinance is northerly line of the vacation being full width as described above for described herein, a distance of 10.00 hereby declared to be an emergency Water Pollution Control, the Illumi - measure and, provided it receives the feet to the easterly line of said East nating Company (CEI) and the Water affirmative vote of two-thirds of all 1st Street; Department. the members elected to Council, it That no structures shall be erected shall take effect and be in force imme - Course No. 3: on the premises described in this ease - diately upon its passage and approval Thence S 11° 27' 00" E, along said ment except those constructed under by the Mayor; otherwise it shall take easterly of East 1st Street, a distance the approval of, and in compliance effect and be in force from and after of 77.48 feet to the northerly line of with, plans approved by Water Pollu - the earliest period allowed by law. Passed October 3, 2011. High Avenue S.E.; tion Control, the Illuminating Compa - Effective October 6, 2011. ny (CEI) and the Water Department Course No. 4: and the City of Cleveland. Thence S 78° 25' 48" W, along said Section 3. That provided all northerly line of High Avenue, S.E. a required approvals have been Ord. No. 1390-11. distance of 10.00 feet to its intersec - obtained, the Manager of Engineer - By Council Member K. Johnson. tion with said westerly line of East ing and Construction is directed to An emergency ordinance authoriz - 1st Street and the principal point of record the vacation plat in the office ing the issuance of a Temporary Side - beginning and containing 0.0178 of the Recorder of Cuyahoga County. walk Occupancy Permit to Reginald A.Sizemore to engage in peddling at acres (775 sq. ft.) of land according to Section 4. That the portion of East 9520 Woodland Avenue. a survey by Garrett & Associates in 1st Street extending south from Prospect Avenue to the vacation be Whereas, pursuant to Section 675.07 August, 2011, be the same more or of the Codified Ordinances of Cleve - restricted to pedestrian use only. This less, but subject to all legal highways land, Ohio, 1976, (the “Codified Ordi - and easements of record. restriction shall be considered a regu - nances”) the consent of Council lation under Section 403.03 of the Cod - expressed by ordinance is a prerequi - ified Ordinances of Cleveland, Ohio, Bearings cited within the above site to peddling upon public rights of 1976, and the appropriate signs shall description are of an assumed meridi - way outside of the Central Business be erected. The requirements for the District; and an and are for the sole purpose of adoption of regulations under Section Whereas, this Council has consid - determining angles. 403.03 are considered fulfilled by the ered the request of to engage in ped - Revised August 29, 2011 adoption and publication of this ordi - dling to Reginald A. Sizemore out - nance and no further notice or publi - side of the Central Business District, HIGH AVENUE S.E. VACATION cation is required. and has determined that it is in the Situated in the City of Cleveland, Section 5. That the Clerk of Council public interest to allow Reginald A. Sizemore to peddle in Ward 4; and County of Cuyahoga and State of Ohio is directed to transmit a copy of this and known as being a part of Original Whereas, this ordinance constitutes ordinance to the Fiscal Officer of an emergency measure providing for Two Acre Lot Nos. 97 and 98 and fur - Cuyahoga County. the usual daily operation of a munici - ther described as follows; Section 6. That this ordinance is pal department; now, therefore, Beginning at the intersection of the declared to be an emergency measure Be it ordained by the Council of easterly line of Ontario Street (99 feet and, provided it receives the affirma - the City of Cleveland: wide), with the Northerly line of High tive vote of two-thirds of all the mem - Section 1. That this Council con - Avenue S.E. (46.36 feet wide) said bers elected to Council, it shall take sents, as required by, Section 675.07 1669 26 The City Record October 12, 2011 of the Codified Ordinances to allow Ord. No. 1395-11. sign erected and maintained under to Reginald A. Sizemore to engage By Council Member Zone. the requirements of law or ordi - in mobile peddling in the public An emergency ordinance authoriz - nance. The permission of the owner rights of way of Ward 4 at 9520 ing Adam Boda to engage in mobile of any pole from which a banner Woodland Avenue on the sidewalk peddling in Ward 15. will be hung must be obtained prior in front of store. Whereas, pursuant to Section 675.08 to issuance of the permit. No com - Section 2. That all of the require - of the Codified Ordinances of Cleve - mercial advertising shall be printed ments of Chapter 675 of the Codified land, Ohio, 1976, the consent of Coun - or permitted on said banner and Ordinances shall apply to the persons cil, expressed by ordinance is a pre - said banner shall be removed named in Section 1 of this ordinance. requisite to temporary sidewalk ped - promptly upon the expiration of said Section 3. That the privilege grant - dling upon the public rights of way permit. ed may be revoked at any time by this outside of the Central Business Dis - Section 2. That this ordinance is Council. trict; and hereby declared to be an emergency Section 4. That this ordinance is Whereas, this Council has consid - measure and, provided it receives the declared to be an emergency measure ered the requests of certain persons to affirmative vote of two-thirds of all and, provided it receives the affirma - engage in peddling outside of the the members elected to Council, it tive vote of two-thirds of all the mem - Central Business District and has shall take effect and be in force imme - bers elected to Council, it shall take determined that it is in the public diately upon its passage and approval effect and be in force immediately interest to allow each of said persons by the Mayor; otherwise it shall take upon its passage and approval by the to engage in peddling in Ward 15; and effect and be in force from and after Mayor; otherwise, it shall take effect Whereas, this ordinance constitutes the earliest period allowed by law. and be in force from and after the ear - an emergency measure providing for Passed October 3, 2011. liest period allowed by law. the usual daily operation of a munici - Effective October 6, 2011. Passed October 3, 2011. pal department; now, therefore, Effective October 6, 2011. Be it ordained by the Council of the City of Cleveland: COUNCIL COMMITTEE Section 1. That, pursuant to Sec - tion 675.08 of the Codified Ordi - MEETINGS Ord. No. 1391-11. nances, this Council hereby consents By Council Member K. Johnson. to allow Adam Boda to engage in Monday, October 10, 2011 An emergency ordinance authoriz - mobile peddling in the public right 9:30 a.m. ing the issuance of a Temporary Side - of way in Ward 15. walk Occupancy Permit to Reginald Section 2. That all of the require - Public Parks, Properties and A.Sizemore to engage in peddling at ments of Chapter 675 of the Codified Recreation Committee: Present: K. 3319 East 93rd Street. Ordinances shall apply to the persons Johnson, Chair; Cimperman. Autho - Whereas, pursuant to Section 675.07 named in Section 1 of this ordinance. of the Codified Ordinances of Cleve - Section 3. That the privilege grant - rized Absence: Conwell, Vice Chair; land, Ohio, 1976, (the “Codified Ordi - ed herein may be revoked at any time Brancatelli, Dow, Polensek, Reed. nances”) the consent of Council by this Council. expressed by ordinance is a prerequi - Section 4. That this ordinance is 11:00 a.m. site to peddling upon public rights of hereby declared to be an emergency way outside of the Central Business measure and, provided it receives the Legislation Committee: CAN - District; and affirmative vote of two-thirds of all CELLED. Whereas, this Council has consid - the members elected to Council, it ered the request of to engage in ped - shall take effect and be in force imme - 2:00 p.m. dling to Reginald A. Sizemore outside diately upon its passage and approval of the Central Business District, and by the Mayor; otherwise it shall take Public Service Committee, City has determined that it is in the public effect and be in force from and after Planning Committee, & Finance interest to allow Reginald A. Size - the earliest period allowed by law. Committee: Present in Service: more to peddle in Ward 4; and Passed October 3, 2011. Miller, Chair; Cummins, Vice Chair; Whereas, this ordinance constitutes Effective October 6, 2011. Polensek, Pruitt, Sweeney. Autho - an emergency measure providing for rized Absence: Cleveland, Dow, K. the usual daily operation of a munici - Johnson, Keane. Pro tempore: Bran - pal department; now, therefore, catelli. Be it ordained by the Council of Ord. No. 1396-11. Present in Planning: Westbrook, the City of Cleveland: By Council Member Conwell. Vice Chair; Brady. Authorized Section 1. That this Council con - An emergency ordinance authoriz - Absence: Cleveland, Chair; Conwell, sents, as required by, Section 675.07 ing and directing the Director of Cap - Dow, Keane, Zone. Pro tempore: of the Codified Ordinances to allow ital Projects to issue a permit the Sweeney, Cummins, Brancatelli. to Reginald A. Sizemore to engage Ward 9 Health and Harvest Festival Present in Finance: Sweeney, in mobile peddling in the public to stretch a banner across 11905 Supe - Chair; Kelley, Vice Chair; Brady, rights of way of Ward 4 at 3319 rior Avenue from October 3, 2011 to Brancatelli, Miller, Polensek, Pruitt, East 93rd Street on the sidewalk in October 17, 2011. Westbrook. Authorized Absence: front of store. Whereas, this ordinance constitutes Cleveland, Keane, Mitchell. Pro tem - Section 2. That all of the require - an emergency measure providing for pore: Cummins. ments of Chapter 675 of the Codified the usual daily operation of a munici - Ordinances shall apply to the persons pal department; now, therefore 2:00 p.m. named in Section 1 of this ordinance. Be it ordained by the Council of Section 3. That the privilege grant - the City of Cleveland: Finance Committee: Present: ed may be revoked at any time by this Section 1. That, notwithstanding Sweeney, Chair; Kelley, Vice Chair; Council. the provision of Section 623.13 of the Brady, Brancatelli, Miller, Polensek, Section 4. That this ordinance is Codified Ordinances of Cleveland, Pruitt, Westbrook. Authorized declared to be an emergency measure Ohio 1976, the Director of Capital Absence: Cleveland, Keane, Mitchell. and, provided it receives the affirma - Projects is hereby authorized and tive vote of two-thirds of all the mem - directed to issue a permit to the Tuesday, October 11, 2011 bers elected to Council, it shall take Ward 9 Health and Harvest Festival 9:30 a.m. effect and be in force immediately to stretch a banner across 11905 upon its passage and approval by the Superior Avenue from October 3, Community and Economic Devel - Mayor; otherwise, it shall take effect 2011 to October 17, 2011 inclusive. opment Committee: Present: Bran - and be in force from and after the ear - Said banner shall be approved by catelli, Chair; Dow, Vice Chair; Cim - liest period allowed by law. the Director of Public Safety as to perman, J. Johnson, Miller, Pruitt, Passed October 3, 2011. type, method of affixing and loca - Westbrook, Zone. Authorized Effective October 6, 2011. tion so as to not interfere with any Absence: Cummins.

1670 October 12, 2011 The City Record 27 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

Accounts Division

Walker, Lonya Moss — Oath of Office — Interim Commissioner Of Accounts (F 1429-11) ...... 1648

Agreements

Capital Projects — Consent agreement to construct trail on Lorain Carnegie Bridge — Non Financial (O 910-11) ...... 1663 Economic Development — TIF with Green City Growers — Redevelop 10-Acre Brownfield Site into a Cooperatively-Owned Greenhouse (Ward 12) (O 1220-11) ...... 1668 Economic Development — TIF with Optima 777, LLC — complete renovation of 777 St. Clair Ave. (Ward 03) (O 1219-11) ...... 1656 Utilities Department — Rock Oho Caesars, LLC & USA Parking Systems — accept gift of High Ave. Sewer relining (O 1292-11) ...... 1656

Appreciation

Woods, Roosevelt C. (R 1475-11) ...... 1648

Banners

Ward 9 Health And Harvest Festival — banner — Superior Ave., 11905 — Oct. 3 To Oct. 17 (Ward 09) (O 1396-11) ...... 1670

Board of Control — Capital Projects Office

Central Avenue rehabilitation (East 55th St. to East 79th St.) — approve subcontractors — Division of Engineering and Construction (BOC Res. 475-11) ...... 1657 Lake to Lakes Bike Trail Extension — approve subcontractors — Contract #PI2011-051 (BOC Res. 476-11) ...... 1657

Board of Control — Community Development Department

East 119th Street and Miles Avenue, southwest corner (Ward 2) — PPN 138-13-008/009/010/011/013/080 — amend BOC Res. 367-11 to Cuyahoga Metropolitan Housing Authority (BOC Res. 478-11) ...... 1658 East 129th Street, 873 (Ward 10) — PPN 110-17-070 — Akbar and Tenisha El (BOC Res. 479-11) ...... 1658 Lee Road, 4345 (Ward 1) — PPN 143-05-013 — amend BOC Res. 366-11 to Cuyahoga Metropolitan Housing Authority (BOC Res. 477-11) ...... 1658 West 83rd Street, 1369 (Ward 15) — PPN 002-01-029 — Marvin Q. Levin (BOC Res. 480-11) ...... 1658

Board of Control — Engineering and Construction Division

Central Avenue rehabilitation (East 55th St. to East 79th St.) — approve subcontractors — Office of Capital Projects (BOC Res. 475-11) ...... 1657

Board of Control — Land Reutilization Program

East 119th Street and Miles Avenue, southwest corner (Ward 2) — PPN 138-13-008/009/010/011/013/080 — amend BOC Res. 367-11 to Cuyahoga Metropolitan Housing Authority (BOC Res. 478-11) ...... 1658 East 129th Street, 873 (Ward 10) — PPN 110-17-070 — Akbar and Tenisha El (BOC Res. 479-11) ...... 1658 Lee Road, 4345 (Ward 1) — PPN 143-05-013 — amend BOC Res. 366-11 to Cuyahoga Metropolitan Housing Authority (BOC Res. 477-11) ...... 1658 West 83rd Street, 1369 (Ward 15) — PPN 002-01-029 — Marvin Q. Levin (BOC Res. 480-11) ...... 1658

Board of Control — Professional Service Contracts

Business Objects Enterprise Professional IV software license renewals, upgrades and support — extend Contract #PS2011-66 per BOC Res. 531-10 — SAP America, Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 473-11) ...... 1657

Board of Control — Public Improvement Contracts

Central Avenue rehabilitation (East 55th St. to East 79th St.) — approve subcontractors — Division of Engineering and Construction, Office of Capital Projects (BOC Res. 475-11) ...... 1657 Detention basins, facilities and structures — per C.O. Sec. 129.293 to Nerone and Sons, Inc. — Division of Water Pollution Control, Dept. of Public Utilities (BOC Res. 474-11) ...... 1657 1671 28 The City Record October 12, 2011

Lake to Lakes Bike Trail Extension — approve subcontractors — Contract #PI2011-051 — Office of Capital Projects (BOC Res. 476-11) ...... 1657

Board of Control — Public Utilities Department

Business Objects Enterprise Professional IV software license renewals, upgrades and support — extend Contract #PS2011-66 per BOC Res. 531-10 — SAP America, Inc. — Division of Water (BOC Res. 473-11) ...... 1657 Detention basins, facilities and structures — per C.O. Sec. 129.293 to Nerone and Sons, Inc. — Division of Water Pollution Control (BOC Res. 474-11) ...... 1657

Board of Control — Water Division

Business Objects Enterprise Professional IV software license renewals, upgrades and support — extend Contract #PS2011-66 per BOC Res. 531-10 — SAP America, Inc. — Dept. of Public Utilities (BOC Res. 473-11) ...... 1657

Board of Control — Water Pollution Control Division

Detention basins, facilities and structures — per C.O. Sec. 129.293 to Nerone and Sons, Inc. — Dept. of Public Utilities (BOC Res. 474-11) ...... 1657

Board of Zoning Appeals — Report

Central Avenue, 8001-8105, (Ward 6) – Fairfax Renaissance Development Corporation, owner and Cuyahoga Metropolitan Housing Authority — appeal heard on 10/10/11 (Cal. 11-169) ...... 1659 Central Avenue, 8113, (Ward 6) – Fairfax Renaissance Development Corporation, owner and Cuyahoga Metropolitan Housing Authority — appeal heard on 10/10/11 (Cal. 11-167) ...... 1659 Central Avenue, 8205-35, (Ward 6) – Fairfax Renaissance Development Corporation, owner and Cuyahoga Metropolitan Housing Authority — appeal heard on 10/10/11 (Cal. 11-168) ...... 1659 East 146th Street, 3741, (Ward 2) – Cheryl Ladson, owner — appeal postponed to 10/24/11 on 10/10/11 (Cal. 11-171) ...... 1660 East 93rd Street, 2580, (Ward 6) – Kash Properties LLC, owner — appeal granted and adopted on 10/10/11 (Cal. 11-108) ...... 1660 Fulton Road, 1721, (Ward 3) – Robert Schmidt, owner — appeal postponed to 11/14/11 on 10/10/11 (Cal. 11-157) ...... 1660 Fulton Road, 3292, (Ward 14) – Pawaw Mangla, owner — appeal postponed to 10/31/11 on 10/10/11 (Cal. 11-153) ...... 1660 Golden Avenue, 7920-8014, (Ward 6) – Fairfax Renaissance Development Corporation, owner and Cuyahoga Metropolitan Housing Authority — appeal heard on 10/10/11 (Cal. 11-166) ...... 1659 Martin Luther King Jr. Drive, 2656, (Ward 6) – Eunice Spires, owner — appeal granted and adopted on 10/10/11 (Cal. 11-164) ...... 1660 Mayfield Road, 12204, (Ward 9) – Clara’s Place LLC and Rosanne Passalacqua, owner and Anthony Nunes, tenant — appeal granted and adopted on 10/10/11 (Cal. 11-163) ...... 1660 Memphis Avenue, 3430, (Ward 13) – Ewazen Management, Ltd., owner and Makia Santiago, tenant — appeal granted and adopted on 10/10/11 (Cal. 11-161) ...... 1660 Ontario Street, 2105, (Ward 3) – USA Parking Systems, owner and Ellsworth Grimsley — appeal granted and adopted on 10/10/11 (Cal. 11-158) ...... 1660 Prospect Avenue, 1222, (Ward 3) – RTN Limited Partners, owner and David Parker, prospective tenant — appeal dismissed on 10/10/11 (Cal. 11-148) ...... 1660 Reid Avenue, 4780, (Ward 12) – Greater Cleveland Community Improvement Corporation, owner — appeal granted and adopted on 10/10/11 (Cal. 11-149) ...... 1660 Taylor, Fernando – appeal dismissed on 10/10/11 (Cal. 10-231) ...... 1659 West 10th Street, 2215, (Ward 3) – Nicholas Graor, owner — appeal granted and adopted on 10/10/11 (Cal. 11-160) ...... 1660 West 11th Place, 2039-59, (Ward 3) – Nathan Dent Development, LLC, owner and Jesse Grant, prospective purchaser — appeal heard on 10/10/11 (Cal. 11-165) ...... 1659

Board of Zoning Appeals — Schedule

East 74th Street, 3920, (Ward 12) – Kenneth Cuglewski, owner — appeal to be heard on 10/24/11 (Cal. 11-183) ...... 1659 Rainbow Drive, 14501, (Ward 19) – Carol Brown, owner — appeal to be heard on 10/24/11 (Cal. 11-182) ...... 1659 West 140th Street, 3860, (Ward 18) – Yuleter Deleon, owner — appeal to be heard on 10/24/11 (Cal. 11-176) ...... 1659 West 29th Street, 1460, (Ward 3) – The Bidwell Foundation, owner — appeal to be heard on 10/24/11 (Cal. 11-177) ...... 1659 West 32nd Street, 3327, (Ward 14) – Dimitri Salivaras, owner — appeal to be heard on 10/24/11 (Cal. 11-178) ...... 1659 West 57th Street, 1812, (Ward 15) – Dimitri Salivaras, owner — appeal to be heard on 10/24/11 (Cal. 11-179) ...... 1659 1672 October 12, 2011 The City Record 29

Bridges

Capital Projects — Consent agreement to construct trail On Lorain Carnegie Bridge — Non Financial (O 910-11) ...... 1663

Burke Lakefront Airport

Port Control — Lease with Muda Construction — office space at Burke Airport (O 1101-11) ...... 1655

Capital Projects

Accept property from RTA on Broadway & Rockefeller at no cost to city (O 1095-11) ...... 1666 Allison Ave., N.W. — intention to vacate a portion — City Planning Commission (Ward 10) (R 1098-11) ...... 1661 Cleveland State University — encroach into right-of-way of Euclid Ave. — installing, using, and maintaining a Welcome Sign (Ward 08) (O 1436-11) ...... 1650 Consent agreement to construct trail on Lorain Carnegie Bridge — Non Financial (O 910-11) ...... 1663 East 1st St. and High Ave., S.E. — vacate a portion — City Planning Commission (Ward 03) (O 1304-11) ...... 1668 Ward 9 Health and Harvest Festival — banner — Superior Ave., 11905 — Oct. 3 To Oct. 17 (Ward 09) (O 1396-11) ...... 1670 Wilbur Ave., — encroach into right -of-way — existing bldg., stairwell, window well, loading dock and ventilation duct — Tudor Arms Hotel, LLC (O 1096-11) ...... 1667

City Council

Dunn, Ronnie A. — Re-Appointment — Board Of Commissioners — Cuyahoga Metropolitan Authority (CMHA) (F 1458-11) ...... 1647

City Hall

Alcoholic Beverages — Dispense At City Hall — October 21, 2011 — Federation Of India Community Foundation (O 1454-11) ...... 1655

City of Cleveland Bids

Cemetery improvement, 2011 — Department of Public Works — Division of Architecture and Site Improvement — per Ord. 454-11 — bid due October 26, 2011 (advertised 10/5/2011 and 10/12/2011) ...... 1660 Debris (construction and demolition) disposal (Contracts C & D) — Department of Public Works — Division of Waste Collection and Disposal — per Ord. 749-11 — bid due November 4, 2011 (advertised 10/5/2011 and 10/12/2011) ...... 1661 Dive equipment — Department of Public Safety — Division of Fire — per Ord. 811-10 — bid due October 26, 2011 (advertised 10/5/2011 and 10/12/2011) ...... 1660 Document scanning and data entry services — Department of Finance — Division of Central Collection Agency — per Ord. 913-11 — bid due November 3, 2011 (advertised 10/5/2011 and 10/12/2011) ...... 1661 EOC Project Audio Visual upgrade equipment — Department of Public Safety — Division of Safety Administration — per Ord. 715-09 — bid due November 9, 2011 (advertised 10/5/2011 and 10/12/2011) ...... 1661 Fulton Road construction (Denison Ave. to Clark Ave.) — Office of Capital Projects — Division of Engineering and Construction — per Ord. 619-10 — bid due October 26, 2011 (advertised 10/5/2011 and 10/12/2011) ...... 1660 Janitorial supplies — Department of Port Control — per C.O. Sec. 181.101 — bid due October 28, 2011 (advertised 10/5/2011 and 10/12/2011) ...... 1660 Landscape maintenance at various Public Utilities facilities (Re-bid) — Department of Public Utilities — Division of Water — per Ord. 1599-10 — bid due November 4, 2011 (advertised 10/5/2011 and 10/12/2011) ...... 1661

City Planning Commission

Allison Ave., N.W. — intention to vacate a portion (Ward 10) (R 1098-11) ...... 1661 Amend Sect. 350.06 — Relating to Prohibited Signs (O 1434-11) ...... 1649 East 1st St. and High Ave., S.E. — vacate a portion (Ward 03) (O 1304-11) ...... 1668 East 23rd St., East 25th St., East 25th Place & Payne Court — vacate a portion (Ward 08) (O 1342-11) ...... 1656 Euclid Ave., (Between Burgess Rd. & Cliffview Rd.) — Change Use, Area, and Height Districts — (Ward 10) (O 961-11) ...... 1665 Fenwick Ave., — Change Use District (Ward 15) (O 930-11) ...... 1664 North Side of Aetna Rd. (E. 71st St. & E. 72nd St.) — Change Use, Area and Height District — One Family Residential District (Ward 12) (O 838-11) ...... 1662

Clerk of Council

Alcoholic Beverages — Dispense At City Hall — October 21, 2011 — Federation Of India Community Foundation (O 1454-11) ...... 1655 1673 30 The City Record October 12, 2011

Cleveland Municipal Court

Apply & Accept Grant For The Adult Treatment Court Collaborative Program (O 1433-11) ...... 1649 Veterans Court — Treatment Program — grant — Ohio Office of Criminal Justice Services — Stella Maris, Inc. (O 1449-11) ...... 1654 Violence Against Women Act Court Training And Improvement Program, 2011 — grant — Ohio Office of Criminal Justice Services — Domestic Violence Center & Center For Court Innovation (O 1450-11) ...... 1654

Cleveland Public Power

Amend Sect(s.) 1 & 4 of Ord. No. 558-11 — Led Streetlights (O 1215-11) ...... 1656 Utilities Department — contracts — test, inspect, maintain, repair, enhance or replace building protection systems (O 1216-11) ...... 1656

Codified Ordinances

Amend Sect. 350.06 — Relating to Prohibited Signs (O 1434-11) ...... 1649

Communications

Dunn, Ronnie A. — Re-Appointment — Board Of Commissioners — Cuyahoga Metropolitan Authority (CMHA) (F 1458-11) ...... 1647 Oppmann, Harvey G. — Boulevard Terrace Apartments, Detroit Ave., 10119 — Notification Letter — Residential Rental Development Project — Ohio Housing Finance Agency (Ward 17) (F 1453-11) ...... 1647 Oppmann, Harvey G. — Neal Terrance Apartments, Detroit Ave., 8811 — Notification Letter — Residential Rental Development Project — Ohio Housing Finance Agency (Ward 16) (F 1452-11) ...... 1647 Safety Department — Accept grant In Amount Of $500 — American Society Of Prevention To Cruelty To Animals (ASPCA) (F 1451-11) ...... 1647 Safety Department — Accept grant In Amount Of $4,500 — Ohio Department Of Public Safety — EMS (F 1459-11) ...... 1647

Community Development

Amend title & sect. 1 of Ord. No. 206-10 — East 96th St. — Land Reutilization Program — Cranston Chriss (Ward 02) (O 1218-11) ...... 1668 Garland, Chris — Oath Of Office — Commissioner Of Neighborhood Development (F 1430-11) ...... 1648 Nottingham Rd., 18430 and Buffalo Rd., 18421 — PPN 116-08-013 / 014 — Land Reutilization Program — John H. Crow (Ward 11) (O 1447-11) ...... 1653 Walton Ave., 3707 — PPN 007-20-044 — Land Reutilization Program — William D. & Marjorie A. Hildebrandt (Ward 14) (O 1446-11) ...... 1653 Woburn Ave., 3915 — PPN 012-07-008 — Land Reutilization Program — Michael H. O’Neil (Ward 13) (O 1105-11) ...... 1667

Condolences

Stewart, James L. (R 1460-11) ...... 1648

Congratulations

Antonio, Nickie J. (R 1469-11) ...... 1648 Bowman, Sherry (R 1468-11) ...... 1648 Harris, Rev. Allen V. (R 1463-11) ...... 1648 Perkins, Det. Charlotte A. (Badge # 533) (R 1471-11) ...... 1648 Rosenstein, Scott (R 1462-11) ...... 1648 Schwarz, Mary Beth (R 1465-11) ...... 1648 Simer, Maya (R 1461-11) ...... 1648 Thompson, Det. Keith (Badge #1532) (R 1470-11) ...... 1648 Thornton, Brian Patrick (R 1466-11) ...... 1648 Tupaz, Brian (R 1467-11) ...... 1648 Walsh, M.D., R. Matthew (R 1464-11) ...... 1648

Contracts

Amend Sect(s.) 1 & 4 of Ord. No. 558-11 — Led Streetlights (O 1215-11) ...... 1656 Amend Title & Sect(S) 1,2,3, & 7 of Ord. No. 499-10 — Mandatory Environmental Compliance (O 1435-11) ...... 1649 Economic Development — Tylerville LLC, — Clean up property known as Bldg. 42 at 3615 Superior Ave. (VPI) (O 1445-11) ...... 1652 Exercise option to renew AT&T Centrex Contract Nos. 61149, 61150, 61151, and 61152 for support, maintenance, installation, design, and repair (O 1432-11) ...... 1648 Exercise option to renew Contract No. 69825 with PB Americans, Inc. (O 915-11) ...... 1664 Exercise option to renew Contract No. 69827 with Michael Baker, Jr., Inc. (O 918-11) ...... 1664 Exercise option to renew Contract No. 69828 with C&S Engineers, Inc. (O 917-11) ...... 1664 1674 October 12, 2011 The City Record 31

Law Enforcement Terrorism Protection Program; 2009 — Grant — Safety Department — Cuyahoga Co. (O 1113-11) ...... 1656 Port Control — professional services — Design Intranet System (O 1217-11) ...... 1668 Port Control — public improvement — Repairing runways, taxiways, ramps, roads, and other concrete surfaces (O 1119-11) ...... 1656 Utilities Department — amendment to Contract No. 69504 — Woolpert, Inc. — Division Of Water (GIS) (O 530-11) ...... 1655 Utilities Department — HSQ Technology for refurbish scada (O 1100-11) ...... 1655 Utilities Department — test, inspect, maintain, repair, enhance or replace building protection systems (O 1216-11) ...... 1656 Utilities Department — various types of valves, actuators, and appurtenances — Water Division (O 1293-11) ...... 1656 Veterans Court — Treatment Program — Grant — Ohio Office of Criminal Justice Services — Stella Maris, Inc. (O 1449-11) ...... 1654 Violence Against Women Act Court Training And Improvement Program, 2011 — Grant — Ohio Office of Criminal Justice Services — Domestic Violence Center & Center For Court Innovation (O 1450-11) ...... 1654

Cuyahoga County

Byrne Memorial Justice Assistance Grant, 2011 — Grants — local solicitation — Safety Department — Ohio Office Of Criminal Justice Services (O 1441-11) ...... 1651 Law Enforcement Terrorism Protection Program; 2009 — Grant — Safety Department (O 1113-11) ...... 1656

Cuyahoga Metropolitan Housing Authority

Dunn, Ronnie A. — Re-Appointment — Board Of Commissioners — Cuyahoga Metropolitan Authority (CMHA) (F 1458-11) ...... 1647

Economic Development Department

Contract — Tylerville LLC, — Clean up property known as Bldg. 42 at 3615 Superior Ave. (VPI) (O 1445-11) ...... 1652 TIF with Green City Growers — Redevelop 10-Acre Brownfield Site into a Cooperatively-Owned Greenhouse (Ward 12) (O 1220-11) ...... 1668 TIF with Optima 777, LLC — Complete renovation of 777 St. Clair Ave. (Ward 03) (O 1219-11) ...... 1656

Encroachments

Cleveland State University — right-of-way of Euclid Ave. — installing, using, and maintaining a Welcome Sign (Ward 08) (O 1436-11) ...... 1650 Wilbur Ave., — right -of-way — Existing bldg., stairwell, window well, loading dock and ventilation duct — Tudor Arms Hotel, LLC (O 1096-11) ...... 1667

Finance Department

Apply & Accept Grant for the Adult Treatment Court Collaborative Program (O 1433-11) ...... 1649 East 1st St. and High Ave., S.E. — vacate a portion — City Planning Commission (Ward 03) (O 1304-11) ...... 1668 Exercise option to renew AT&T Centrex Contract Nos. 61149, 61150, 61151, And 61152 for support, maintenance, installation, design, and repair (O 1432-11) ...... 1648 Veterans Court — Treatment Program — Grant — Ohio Office of Criminal Justice Services — Stella Maris, Inc. (O 1449-11) ...... 1654 Violence Against Women Act Court Training And Improvement Program, 2011 — Grant — Ohio Office of Criminal Justice Services — Domestic Violence Center & Center For Court Innovation (O 1450-11) ...... 1654 Walker, Lonya Moss — Oath Of Office — Interim Commissioner of Accounts (F 1429-11) ...... 1648

Fire Division

Apply & Accept Gifts and Grants for The Fire Loss Prevention Program (O 1444-11) ...... 1652

Grants

Apply & Accept Gifts and Grants for The Fire Loss Prevention Program (O 1444-11) ...... 1652 Apply & Accept Grant for The Adult Treatment Court Collaborative Program (O 1433-11) ...... 1649 Byrne Memorial Justice Assistance Grant, 2011 — Grants — local solicitation — Safety Department — Ohio Office Of Criminal Justice Services (O 1441-11) ...... 1651 Cleveland Domestic Violence Program, 2012 — Grant- Department Of Justice Violence Against Women Act — County Criminal Justice Services Agency (O 1438-11) ...... 1650 Cleveland High Visibility Enforcement Overtime Program, 2012 — Grant — Safety Department — Ohio Office of Criminal Justice Services (O 1440-11) ...... 1651 Cops Hiring Program — Grants — Office of Community Oriented Policing Services — U.S. Department of Justice (O 1437-11) ...... 1650 Cuyahoga County OVI Task Force Program, 2012 — Grant — Safety Department — University Hospital (O 1448-11) ...... 1654 1675 32 The City Record October 12, 2011

Law Enforcement Terrorism Protection Program; 2009 — Grant — Safety Department — Cuyahoga Co. (O 1113-11) ...... 1656 Ohio Drug Use Prevention Program, 2011 — Grant — Ohio Attorney General (O 1439-11) ...... 1651 Safety Department — Accept Grant in amount Of $500 — American Society Of Prevention To Cruelty To Animals (ASPCA) (F 1451-11) ...... 1647 Safety Department — Accept Grant in Amount Of $4,500 — Ohio Department Of Public Safety — EMS (F 1459-11) ...... 1647 State Byrne Memorial Assistance Grant, 2011 — Northern Ohio Law Enforcement Task Force Program — Ohio Office Of Criminal Justice Services (O 1442-11) ...... 1652 State Byrne Memorial Justice Assistance Grant, 2011 — Northern Ohio Violent Crime Consortium — Ohio Office of Criminal Justice Services (O 1443-11) ...... 1652 Veterans Court — Treatment Program — Grant — Ohio Office of Criminal Justice Services — Stella Maris, Inc. (O 1449-11) ...... 1654 Violence Against Women Act Court Training And Improvement Program, 2011 — Grant — Ohio Office of Criminal Justice Services — Domestic Violence Center & Center For Court Innovation (O 1450-11) ...... 1654

Health Department

Baker, George — Oath of Office — COMMISSIONER OF AIR QUALITY (F 1426-11) ...... 1648 Cross, Pamela — Oath of Office — COMMISSIONER OF ENVIRONMENT DIVISION (F 1427-11) ...... 1648 Williams, Chantez — Oath of Office — ASSISTANT COMMISSIONER OF ENVIRONMENT DIVISION (F 1428-11) ...... 1648

Land Reutilization Program

Amend Title & Sect. 1 of Ord. No. 206-10 — East 96th St. — Cranston Chriss (Ward 02) (O 1218-11) ...... 1668 Nottingham Rd., 18430 and Buffalo Rd., 18421 — PPN 116-08-013 / 014 — John H. Crow (Ward 11) (O 1447-11) ...... 1653 Walton Ave., 3707 — PPN 007-20-044 — William D. & Marjorie A. Hildebrandt (Ward 14) (O 1446-11) ...... 1653 Woburn Ave., 3915 — PPN 012-07-008 — Michael H. O’Neil (Ward 13) (O 1105-11) ...... 1667

Lease Agreement

Port Control — Lease with Muda Construction — office space at Burke Airport (O 1101-11) ...... 1655

Licenses

Internet Sweepstakes Operations — Moratorium Extension (O 1431-11) ...... 1648

Liquor Permits

Detroit Ave., 5509 and 5603 (1st Fl. & Bsmt.) — transfer of ownership application (Ward 15) (F 1424-11) ...... 1648 Detroit Ave., 5800, 5806, 5808, 5810 (1st Fl & Bsmt & patio) — transfer of ownership application (Ward 15) (F 1423-11) ...... 1648 East 116th St., 2892 — withdraw objection to transfer of stock — repeal Res. 970-11(Ward 04) (R 1455-11) ...... 1655 Euclid Ave., 850 (Suite 123) — transfer of ownership application (Ward 03) (F 1418-11) ...... 1648 Forest Ave., 11201 — new application (Ward 04) (F 1419-11) ...... 1648 Freeman Ave., 2102 (1st. Fl.) -transfer of ownership application (Ward 03) (F 1417-11) ...... 1648 Lorain Ave., 10945 — objection to issuance (Ward 17) (R 1398-11) ...... 1661 Memphis Ave., 5741 — withdraw objection to renewal — Repeal Res. 982-11 (Ward 13) (R 1456-11) ...... 1655 Memphis Ave., 6021 — transfer of location application (Ward 13) (F 1421-11) ...... 1648 Miles Ave., 14731 — transfer of ownership application (Ward 01) (F 1415-11) ...... 1648 St. Clair Ave., 6735 — transfer of location application (Ward 07) (F 1420-11) ...... 1648 Superior Ave., 2100 (5th Fl., E. End, Ste 520 & Patio) — transfer of ownership application (Ward 03) (F 1416-11) ...... 1648 W. 105th St., 3021 — transfer of ownership application (Ward 16) (F 1425-11) ...... 1648 W.25th St., 3194 (1st Fl. & Bsmt.) — transfer of ownership application (Ward 14) (F 1422-11) ...... 1648 Woodland Ave., 8800 — withdraw objection to transfer of liquor license — Repeal Res. 981-11 (Ward 04) (R 1399-11) ...... 1662

Mayor’s Office

Internet Sweepstakes Operations — Moratorium Extension (O 1431-11) ...... 1648

Oath Of Office

Baker, George — Oath Of Office — Commissioner of Air Quality (F 1426-11) ...... 1648 Cross, Pamela — Oath of Office — Commissioner of Environment Division (F 1427-11) ...... 1648 Garland, Chris — Oath of Office — Commissioner of Neighborhood Development (F 1430-11) ...... 1648 Walker, Lonya Moss — Oath of Office — Interim Commissioner of Accounts (F 1429-11) ...... 1648 Williams, Chantez — Oath of Office — Assistant Commissioner of Environment Division (F 1428-11) ...... 1648 1676 October 12, 2011 The City Record 33

Ohio House Finance Agency

Oppmann, Harvey G. — Boulevard Terrace Apartments, Detroit Ave., 10119 — Notification Letter — Residential Rental Development Project (Ward 17) (F 1453-11) ...... 1647 Oppmann, Harvey G. — Neal Terrance Apartments, Detroit Ave., 8811 — Notification Letter — Residential Rental Development Project (Ward 16) (F 1452-11) ...... 1647

Peddlers

Boda, Adam — Mobile Peddling (Ward 14) (O 1389-11) ...... 1669 Boda, Adam — Mobile Peddling (Ward 15) (O 1395-11) ...... 1670 Sizemore, Reginald A. — Peddling — East 93rd St., 3319 (Ward 04) (O 1391-11) ...... 1670 Sizemore, Reginald A. — Peddling — Woodland Ave., 9520 (Ward 04) (O 1390-11) ...... 1669

Permits

Internet Sweepstakes Operations — Moratorium Extension (O 1431-11) ...... 1648

Port Control Department

Amend Title & Sect(s) 1,2,3, & 7 of Ord. No. 499-10 — Mandatory Environmental Compliance (O 1435-11) ...... 1649 Exercise option to renew Contract No. 69825 with PB Americans, Inc. (O 915-11) ...... 1664 Exercise option to renew Contract No. 69827 with Michael Baker, Jr., Inc. (O 918-11) ...... 1664 Exercise option to renew Contract No. 69828 with C&S Engineers, Inc. (O 917-11) ...... 1664 Port Control — contracts — professional services — Design Intranet System (O 1217-11) ...... 1668 Port Control — Lease with Muda Construction — office space at Burke Airport (O 1101-11) ...... 1655 Port Control — public improvement requirement contracts — repairing runways, taxiways, ramps, roads, and other concrete surfaces (O 1119-11) ...... 1656

Professional Services

Amend Title & Sect(s) 1,2,3, & 7 of Ord. No. 499-10 — Mandatory Environmental Compliance (O 1435-11) ...... 1649 Exercise option to renew Contract No. 69825 with PB Americans, Inc. (O 915-11) ...... 1664 Exercise option to renew Contract No. 69827 with Michael Baker, Jr., Inc. (O 918-11) ...... 1664 Exercise option to renew Contract No. 69828 with C&S Engineers, Inc. (O 917-11) ...... 1664 Port Control — contracts — professional services — Design Intranet System (O 1217-11) ...... 1668

Public Improvements

Capital Projects — Consent agreement to construct trail on Lorain Carnegie Bridge — Non Financial (O 910-11) ...... 1663 Port Control — public improvement requirement contracts — repairing runways, taxiways, ramps, roads, and other concrete surfaces (O 1119-11) ...... 1656

Public Works

Alcoholic Beverages — Dispense at City Hall — October 21, 2011 — Federation Of India Community Foundation (O 1454-11) ...... 1655

Recognition

6th Annual Lebanese America Heritage Ball (R 1474-11) ...... 1648 Elizabeth Baptist Church (R 1473-11) ...... 1648 Luck , Oliver (R 1472-11) ...... 1648

Regional Transit Authority

Capital Project — Accept property from RTA on Broadway & Rockefeller at no cost to city (O 1095-11) ...... 1666

Resolution of Support

Gang Prevention And Youth Violence Task Force (R 1397-11) ...... 1661

Resolutions — Miscellaneous

Gang Prevention And Youth Violence Task Force (R 1397-11) ...... 1661

Safety Department

Accept Grant in amount of $4,500 — Ohio Department Of Public Safety — EMS (F 1459-11) ...... 1647 Accept Grant in amount of $500 — American Society Of Prevention To Cruelty To Animals (ASPCA) (F 1451-11) ...... 1647 1677 34 The City Record October 12, 2011

Apply & Accept Gifts and Grants for The Fire Loss Prevention Program (O 1444-11) ...... 1652 Byrne Memorial Justice Assistance Grant, 2011 — Grants — local solicitation — Ohio Office of Criminal Justice Services (O 1441-11) ...... 1651 Cleveland Domestic Violence Program, 2012 — Grant- Department of Justice Violence Against Women Act — County Criminal Justice Services Agency (O 1438-11) ...... 1650 Cleveland High Visibility Enforcement Overtime Program, 2012 — Grant — Ohio Office of Criminal Justice Services (O 1440-11) ...... 1651 Cops Hiring Program — Grants — Office of Community Oriented Policing Services — U.S. Department Of Justice (O 1437-11) ...... 1650 Cuyahoga County OVI Task Force Program, 2012 — Grant — University Hospital (O 1448-11) ...... 1654 Law Enforcement Terrorism Protection Program; 2009 — Grant — Cuyahoga Co. (O 1113-11) ...... 1656 Ohio Drug Use Prevention Program, 2011 — Grant — Ohio Attorney General (O 1439-11) ...... 1651 State Byrne Memorial Assistance Grant, 2011 — Northern Ohio Law Enforcement Task Force Program — Ohio Office Of Criminal Justice Services (O 1442-11) ...... 1652 State Byrne Memorial Justice Assistance Grant, 2011 — Northern Ohio Violent Crime Consortium — Ohio Office Of Criminal Justice Services (O 1443-11) ...... 1652

Sewers

Utilities Department — Agreement with Rock Oho Caesars, LLC & USA Parking Systems — Accept gift of High Ave. Sewer Relining (O 1292-11) ...... 1656

Street Vacation

Allison Ave., N.W. -intention to vacate a portion — City Planning Commission (Ward 10) (R 1098-11) ...... 1661 East 1st St. and High Ave., S.E. — vacate a portion — City Planning Commission (Ward 03) (O 1304-11) ...... 1668 East 23rd St., East 25th St., East 25th Place & Payne Court — vacate a portion — City Planning Commission (Ward 08) (O 1342-11) ...... 1656

Utilities Department

Agreement with Rock Oho Caesars, LLC & USA Parking Systems — Accept Gift of High Ave. Sewer Relining (O 1292-11) ...... 1656 Amend Sect(s.) 1 & 4 of Ord. No. 558-11 — Led Streetlights (O 1215-11) ...... 1656 Amendment to Contract No. 69504 — Woolpert, Inc. — Division Of Water (GIS) (O 530-11) ...... 1655 Contracts — HSQ Technology for refurbish scada (O 1100-11) ...... 1655 Contracts — test, inspect, maintain, repair, enhance or replace building protection systems (O 1216-11) ...... 1656 Contracts — various types of valves, actuators, and appurtenances — Water Division (O 1293-11) ...... 1656

Ward 01

Miles Ave., 14731 — transfer of ownership application — liquor permit (F 1415-11) ...... 1648

Ward 02

Amend Title & Sect. 1 of Ord. No. 206-10 — East 96th St. — Land Reutilization Program — Cranston Chriss (O 1218-11) ...... 1668

Ward 03

6th Annual Lebanese America Heritage Ball — Recognition (R 1474-11) ...... 1648 Antonio, Nickie J. — Congratulations (R 1469-11) ...... 1648 Boutros Al-Rahi , Patriarch Mar Bechara — Welcome (R 1476-11) ...... 1648 Bowman, Sherry — Congratulations (R 1468-11) ...... 1648 East 1st St. and High Ave., S.E. — vacate a portion — City Planning Commission (O 1304-11) ...... 1668 Economic Development — TIF with Optima 777, LLC — Complete renovation of 777 St. Clair Ave. (O 1219-11) ...... 1656 Euclid Ave., 850 (Suite 123) — transfer of ownership application — liquor permit (F 1418-11) ...... 1648 Freeman Ave., 2102 (1st. Fl.) — transfer of ownership application — liquor permit (F 1417-11) ...... 1648 Gang Prevention And Youth Violence Task Force (R 1397-11) ...... 1661 Harris, Rev. Allen V. — Congratulations (R 1463-11) ...... 1648 Rosenstein, Scott — Congratulations (R 1462-11) ...... 1648 Schwarz, Mary Beth — Congratulations (R 1465-11) ...... 1648 Simer, Maya — Congratulations (R 1461-11) ...... 1648 Superior Ave., 2100 (5th Fl., E. End, Ste 520 & Patio) — transfer of ownership application — liquor permit (F 1416-11) ...... 1648 Thornton, Brian Patrick — Congratulations (R 1466-11) ...... 1648 Tupaz, Brian — Congratulations (R 1467-11) ...... 1648 Walsh, M.D., R. Matthew — Congratulations (R 1464-11) ...... 1648 Wilbur Ave., — encroach into right -of-way — existing bldg., stairwell, window well, loading dock and ventilation duct — Tudor Arms Hotel, LLC (O 1096-11) ...... 1667 1678 October 12, 2011 The City Record 35

Ward 04

East 116th St., 2892 — withdraw objection to transfer of stock — repeal Res. 970-11 — liquor permit (R 1455-11) ...... 1655 Forest Ave., 11201 — new application — liquor permit (F 1419-11) ...... 1648 Sizemore, Reginald A. — peddling — Woodland Ave., 9520 (O 1390-11) ...... 1669 Woodland Ave., 8800 — withdraw objection to transfer of liquor license — repeal Res. 981-11 — liquor permit (R 1399-11) ...... 1662

Ward 05

Capital Project — Accept property from RTA on Broadway & Rockefeller at no cost to city (O 1095-11) ...... 1666

Ward 07

St. Clair Ave., 6735 — transfer of location application — liquor permit (F 1420-11) ...... 1648

Ward 08

Cleveland State University — encroach into right-of-way of Euclid Ave. — installing, using, and maintaining a Welcome Sign (O 1436-11) ...... 1650 East 23rd St., East 25th St., East 25th Place & Payne Court — vacate a portion — City Planning Commission (O 1342-11) ...... 1656 Economic Development — contract — Tylerville LLC, — Clean up property known as Bldg. 42 at 3615 Superior Ave. (VPI) (O 1445-11) ...... 1652 Stewart, James L. — Condolence (R 1460-11) ...... 1648

Ward 09

Gang Prevention And Youth Violence Task Force (R 1397-11) ...... 1661 Ward 9 Health And Harvest Festival — banner — Superior Ave., 11905 — Oct. 3 To Oct. 17 (O 1396-11) ...... 1670 Woods, Roosevelt C. — Appreciation (R 1475-11) ...... 1648

Ward 10

Allison Ave., N.W. — intention to vacate a portion — City Planning Commission (R 1098-11) ...... 1661 Euclid Ave., (Between Burgess Rd. & Cliffview Rd.) — Change Use, Area, and Height Districts — City Planning Commission (O 961-11) ...... 1665

Ward 11

Nottingham Rd., 18430 and Buffalo Rd., 18421 — PPN 116-08-013 / 014 — Land Reutilization Program — John H. Crow (O 1447-11) ...... 1653

Ward 12

Economic Development — TIF with Green City Growers — Redevelop 10-Acre Brownfield Site Into A Cooperatively-Owned Greenhouse (O 1220-11) ...... 1668 Elizabeth Baptist Church — Recognition (R 1473-11) ...... 1648 North Side of Aetna Rd. (E. 71st St. & E. 72nd St.) — Change Use, Area and Height District — One Family Residential District — City Planning Commission (O 838-11) ...... 1662

Ward 13

Memphis Ave., 5741 — withdraw objection to renewal — Repeal Res. 982-11 — liquor permit (R 1456-11) ...... 1655 Memphis Ave., 6021 — transfer of location application — liquor permit (F 1421-11) ...... 1648 Woburn Ave., 3915 — PPN 012-07-008 — Land Reutilization Program — Michael H. O’Neil (O 1105-11) ...... 1667

Ward 14

6th Annual Lebanese America Heritage Ball — Recognition (R 1474-11) ...... 1648 Boda, Adam — Mobile Peddling (O 1389-11) ...... 1669 W.25th St., 3194 (1st Fl. & Bsmt.) — transfer of ownership application — liquor permit (F 1422-11) ...... 1648 Walton Ave., 3707 — PPN 007-20-044 — Land Reutilization Program — William D. & Marjorie A. Hildebrandt (O 1446-11) ...... 1653

Ward 15

Antonio, Nickie J. — Congratulations (R 1469-11) ...... 1648 Boda, Adam — Mobile Peddling (O 1395-11) ...... 1670 1679 36 The City Record October 12, 2011

Bowman, Sherry — Congratulations (R 1468-11) ...... 1648 Detroit Ave., 5509 and 5603 (1st Fl. & Bsmt.) — transfer of ownership application — liquor permit (F 1424-11) ...... 1648 Detroit Ave., 5800, 5806, 5808, 5810 (1st Fl & Bsmt & Patio) — transfer of ownership application — liquor permit (F 1423-11) ...... 1648 Fenwick Ave., — Change Use District — City Planning Commission (O 930-11) ...... 1664 Harris, Rev. Allen V. — Congratulations (R 1463-11) ...... 1648 Rosenstein, Scott — Congratulations (R 1462-11) ...... 1648 Schwarz, Mary Beth — Congratulations (R 1465-11) ...... 1648 Simer, Maya — Congratulations (R 1461-11) ...... 1648 Thornton, Brian Patrick — Congratulations (R 1466-11) ...... 1648 Tupaz, Brian — Congratulations (R 1467-11) ...... 1648 Walsh, M.D., R. Matthew — Congratulations (R 1464-11) ...... 1648

Ward 16

Antonio, Nickie J. — Congratulations (R 1469-11) ...... 1648 Bowman, Sherry — Congratulations (R 1468-11) ...... 1648 Harris, Rev. Allen V. — Congratulations (R 1463-11) ...... 1648 Oppmann, Harvey G. — Neal Terrance Apartments, Detroit Ave., 8811 — Notification Letter — Residential Rental Development Project — Ohio Housing Finance Agency (F 1452-11) ...... 1647 Rosenstein, Scott — Congratulations (R 1462-11) ...... 1648 Schwarz, Mary Beth — Congratulations (R 1465-11) ...... 1648 Simer, Maya — Congratulations (R 1461-11) ...... 1648 Thornton, Brian Patrick — Congratulations (R 1466-11) ...... 1648 Tupaz, Brian — Congratulations (R 1467-11) ...... 1648 W. 105th St., 3021 — transfer of ownership application — liquor permit (F 1425-11) ...... 1648 Walsh, M.D., R. Matthew — Congratulations (R 1464-11) ...... 1648

Ward 17

Lorain Ave., 10945 — objection to issuance — liquor permit (R 1398-11) ...... 1661 Oppmann, Harvey G. — Boulevard Terrace Apartments, Detroit Ave., 10119 — Notification Letter — Residential Rental Development Project — Ohio Housing Finance Agency (F 1453-11) ...... 1647

Ward 18

Luck , Oliver — Recognition (R 1472-11) ...... 1648 Perkins, Det. Charlotte A. (Badge # 533) — Congratulations (R 1471-11) ...... 1648 Thompson, Det. Keith (Badge #1532) — Congratulations (R 1470-11) ...... 1648

Water Division

Utilities Department — Amendment to Contract No. 69504 — Woolpert, Inc. (GIS) (O 530-11) ...... 1655 Utilities Department — contracts — HSQ Technology for refurbish scada (O 1100-11) ...... 1655 Utilities Department — contracts — test, inspect, maintain, repair, enhance or replace building protection systems (O 1216-11) ...... 1656 Utilities Department — contracts — various types of valves, actuators, and appurtenances (O 1293-11) ...... 1656

Water Pollution Control Division

Utilities Department — contracts — test, inspect, maintain, repair, enhance or replace building protection systems (O 1216-11) ...... 1656

Welcome

Boutros Al-Rahi , Patriarch Mar Bechara — Welcome (R 1476-11) ...... 1648

Zoning

Euclid Ave., (Between Burgess Rd. & Cliffview Rd.) — Change Use, Area, and Height Districts — City Planning Commission (Ward 10) (O 961-11) ...... 1665 Fenwick Ave., — Change Use District — City Planning Commission (Ward 15) (O 930-11) ...... 1664 North Side of Aetna Rd. (E. 71st St. & E. 72nd St.) — Change Use, Area and Height District — One Family Residential District — City Planning Commission (Ward 12) (O 838-11) ...... 1662

Zoning Code

Internet Sweepstakes Operations — Moratorium Extension (O 1431-11) ...... 1648

1680