The City Record. Official Publication of the Council of the City of Cleveland. July the Twenty-Fifth Two Thousand and Eighteen. Frank G.

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1 The City Record Official Publication of the Council of the City of Clevel July the Twenty-Fifth Two Thous Eighteen Frank G. Jackson Mayor The City Record is available online at Kevin J. Kelley President of Council Containing PAGE Patricia J. Britt City Clerk, Clerk of Council Ward Name 1 Joseph T. Jones 2 Kevin L. Bishop 3 Kerry McCormack 4 Kenneth L. Johnson, Sr. 5 Phyllis E. Clevel 6 Blaine A. Griffin 7 Basheer S. Jones 8 Michael D. Polensek 9 Kevin Conwell 10 Anthony T. Hairston 11 Dona Brady 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Jasmin Santana 15 Matt Zone 16 Brian Kazy 17 Martin J. Keane City Council 3 The Calendar 58 Board of Control 58 Civil Service 60 Board of Zoning Appeals 60 Board of Building Stards Building Appeals 61 Public Notice 61 Public Hearings 61 City of Clevel Bids 61 Adopted Resolutions Ordinances 63 Committee Meetings 102 Index 102 Printed on Recycled Paper

2 DIRECTORY OF CITY OFFICIALS CITY COUNCIL LEGISLATIVE President of Council Kevin J. Kelley Ward Name Residence 1 Joseph T. Jones East 177th Street Kevin L. Bishop Miles Avenue, # Kerry McCormack West 38th Street Kenneth L. Johnson, Sr Hampton Road Phyllis E. Clevel East 36th Street Blaine A. Griffin Larchmere Boulevard Basheer S. Jones East 94th Street Michael D. Polensek Brian Avenue Kevin Conwell Ashbury Avenue Anthony T. Hairston Arbor Road Dona Brady West Boulevard Anthony Brancatelli Ottawa Road Kevin J. Kelley Parkridge Avenue Jasmin Santana Marvin Avenue Matt Zone West 69th Street Brian Kazy West 143rd Street Martin J. Keane Colletta Lane City Clerk, Clerk of Council Patricia J. Britt, 216 City Hall, MAYOR Frank G. Jackson Sharon Dumas, Interim Chief of Staff Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Monyka S. Price, Executive Assistant to the Mayor, Chief of Education Matt Gray, Executive Assistant to the Mayor, Chief of Sustainability Natoya J. Walker Minor, Executive Assistant to the Mayor, Chief of Public Affairs Edward W. Rybka, Executive Assistant to the Mayor, Chief of Regional Development Tracy Martin-Thompson, Executive Assistant to the Mayor, Chief of Prevention, Intervention Opportunity for Youth Young Adults OFFICE OF CAPITAL PROJECTS Matthew L. Spronz, Director DIVISIONS: Architecture Site Development Manager Engineering Construction Richard J. Switalski, Manager Real Estate James DeRosa, Commissioner OFFICE OF EQUAL OPPORTUNITY Melissa K. Burrows, Ph.D., Director OFFICE OF QUALITY CONTROL AND PERFORMANCE MANAGEMENT Sabra T. Pierce-Scott, Director DEPT. OF LAW Barbara A. Langhenry, Director, Gary D. Singletary, Chief Counsel, Richard F. Horvath, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel, Victor R. Perez, Chief Assistant Prosecutor, Room 106: Robin Wood, Law Librarian, Room 100 DEPT. OF FINANCE Sharon Dumas, Director, Room 104; Natasha Brt, Manager, Internal Audit DIVISIONS: Accounts Lonya Moss Walker, Commissioner, Room 19 Assessments Licenses Dedrick Stephens, Commissioner, Room 122 City Treasury James Hartley, Treasurer, Room 115 Financial Reporting Control James Gentile, Controller, Room 18 Information Technology Services Kimberly Roy-Wilson, Commissioner, 205 W. St. Clair Avenue Purchases Supplies Tiffany White, Commissioner, Room 128 Printing Reproduction Michael Hewitt, Commissioner, 1735 Lakeside Avenue Taxation Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue DEPT. OF PUBLIC UTILITIES Robert L. Davis, Director, 1201 Lakeside Avenue DIVISIONS: Clevel Public Power Ivan Henderson, Commissioner Utilities Fiscal Control Frank Badalamenti, Chief Financial Officer Water Alex Margevicius, Commissioner Water Pollution Control Rachid Zoghaib, Commissioner DEPT. OF PORT CONTROL Robert Kennedy, Director, Clevel Hopkins International Airport, 5300 Riverside Drive DIVISIONS: Burke Lakefront Airport Khalid Bahhur, Commissioner Clevel Hopkins International Airport Fred Szabo, Commissioner DEPT. OF PUBLIC WORKS Michael Cox, Director OFFICES: Administration John Laird, Manager Special Events Marketing Tangee Johnson, Manager DIVISIONS: Motor Vehicle Maintenance Jeffrey Brown, Commissioner Park Maintenance Properties Richard L. Silva, Commissioner Parking Facilities Kim Johnson, Interim Commissioner Property Management Tom Nagle, Commissioner Recreation Samuel Gissentaner, Interim Commissioner Streets Frank D. Williams, Interim Commissioner Traffic Engineering Robert Mavec, Commissioner Waste Collection Disposal Rell T. Scott, Interim Commissioner DEPT. OF PUBLIC HEALTH Merle Gordon, Director, 75 Erieview Plaza DIVISIONS: Air Quality David Hearne, Interim Commissioner Environment Brian Kimball, Commissioner, 75 Erieview Plaza Health Persis Sosiak, Commissioner, 75 Erieview Plaza DEPT. OF PUBLIC SAFETY Michael C. McGrath, Director, Room 230 DIVISIONS: Animal Control Services John Baird, Interim Chief Animal Control Officer, 2690 West 7th Street Correction David Carroll, Interim Commissioner, Clevel House of Corrections, 4041 Northfield Rd. Emergency Medical Service Nicole Carlton, Acting Commissioner, 1708 South Pointe Drive Fire Angelo Calvillo, Chief, 1645 Superior Avenue Police Calvin D. Williams, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street DEPT. OF COMMUNITY DEVELOPMENT Tania Menesse, Director DIVISIONS: Administrative Services Joy Anderson, Commissioner Fair Housing Consumer Affairs Office John Mahoney, Manager Neighborhood Development James Greene, Commissioner Neighborhood Services Louise V. Jackson, Commissioner DEPT. OF BUILDING AND HOUSING Ayonna Blue Donald, Director, Room 500 DIVISIONS: Code Enforcement Thomas E. Vanover, Commissioner Construction Permitting Narid Hussain, Commissioner DEPT. OF HUMAN RESOURCES Nycole West, Director, Room 121 DEPT. OF ECONOMIC DEVELOPMENT David Ebersole, Director, Room 210 DEPT. OF AGING Mary McNamara, Director, Room 122 COMMUNITY RELATIONS BOARD Room 11, Grady Stevenson, Director, Mayor Frank G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice-Chairman, Council Member Kevin L. Bishop, Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, Yasir Hamdallah, Evangeline Hardaway, John O. Horton, Gary Johnson, Sr., Daniel McNea, Stephanie Morrison-Hrbek, Rol Muhammad, Gia Hoa Ryan, Council Member Jasmin Santana, Peter Whitt. CIVIL SERVICE COMMISSION Room 119, Rev. Gregory E. Jordan, President; Michael Flickinger, Vice-President; Barry A. Withers, Interim Secretary; Members: Daniel J. Brennan, India Pierce Lee. SINKING FUND COMMISSION Frank G. Jackson, President; Council President Kevin J. Kelley; Betsy Hruby, Asst. Sec y.; Sharon Dumas, Director. BOARD OF ZONING APPEALS Room 516, Carol A. Johnson, Chairman; Members; Henry Bailey, Myrline Barnes, Kelley Britt, Tim Donovan, Elizabeth Kukla, Secretary. BOARD OF BUILDING STANDARDS AND BUILDING APPEALS Room 516, Joseph F. Denk, Chairman; Howard Bradley, Patrick M. Gallagher, Robert Maschke, Halim M. Saab, P.E., Alternate Members D. Cox, P. Frank, E. P. O Brien, Richard Pace, J.F. Sullivan. BOARD OF REVISION OF ASSESSMENTS Law Director Barbara A. Langhenry, President; Finance Director Sharon Dumas, Secretary; Council President Kevin J. Kelley. BOARD OF SIDEWALK APPEALS Capital Projects Director Matthew Spronz, Law Director Barbara A. Langhenry; Council Member Kenneth L. Johnson. BOARD OF REVIEW (Municipal Income Tax) Law Director Barbara A. Langhenry; Public Utilities Director Robert L. Davis; Council President Kevin J. Kelley. CITY PLANNING COMMISSION Room 501 Freddy L. Collier, Jr., Director;, Chair; David H. Bowen, Lillian Kuri, Gloria Jean Pinkney, Council Member Kerry McCormack.,. FAIR HOUSING BOARD, Chair; Genesis O. Brown, Daniel Conway, Robert L. Render. HOUSING ADVISORY BOARD Room 310 Keith Brown, Terri Hamilton Brown,Vickie Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, David Perkowski, Joan Shaver Washington, Keith Sutton. CLEVELAND BOXING AND WRESTLING COMMISSION Robert Jones, Chair man; Clint Martin, Mark Rivera. MORAL CLAIMS COMMISSION Law Director Barbara A. Langhenry; Chairman; Finance Director Sharon Dumas; Council President Kevin J. Kelley; Councilman Kevin Kelley. CLEVELAND LANDMARKS COMMISSION Room 519 Julie Trott, Chair; Giancarlo Calicchia, Vice Chair; Laura M. Bala, Freddy L. Collier, Jr., Allan Dreyer, Robert Strickl, Donald Petit, Secretary, Council Member Basheer S. Jones, Matthew L. Spronz;,,. AUDIT COMMITTEE Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane Down ing, Donna Sciarappa, Council President Kevin J. Kelley; Law Director Barbara A. Langhenry. CLEVELAND MUNICIPAL COURT JUSTICE CENTER 1200 ONTARIO STREET JUDGE COURTROOM ASSIGNMENTS Judge Courtroom Presiding Administrative Judge Michelle D. Earley 14-C Judge Pinkey S. Carr 15-C Judge Marilyn B. Cassidy 13-A Judge Emanuella Groves 14-B Judge Lauren C. Moore 15-A Judge Michael L. Nelson, Sr. 12-A Judge Ann Clare Oakar 14-A Judge Ronald J.H. O Leary (Housing Court Judge) 13-B Judge Charles L. Patton, Jr. 13-D Judge Suzan M. Sweeney 12-C Judge Jazmin Torres-Lugo 13-C Judge Shiela Turner McCall 12-B Judge Joseph J. Zone 14-D Earle B. Turner Clerk of Courts, Russell R. Brown III Court Administrator, Timothy Lubbe Housing Court Administrator, Robert J. Furda Chief Bailiff; Dean Jenkins Chief Probation Officer, Gregory F. Clifford Chief Magistrate.

3 The City Record OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND Vol. 105 WEDNESDAY, JULY 25, 2018 No CITY COUNCIL WEDNESDAY, JULY 18, 2018 The City Record Published weekly by the City Clerk, Clerk of Council under authority of the Charter of the City of Clevel The City Record is available online at Address all communications to PATRICIA J. BRITT City Clerk, Clerk of Council 216 City Hall PERMANENT SCHEDULE STANDING COMMITTEES OF THE COUNCIL MONDAY Alternating 9:30 A.M. Health Human Services Committee: Griffin (CHAIR), McCormack (VICE- CHAIR), Conwell, B. Jones, Hairston, Santana, Zone. 9:30 A.M. Municipal Services Properties Committee: K. Johnson (CHAIR), Brady (VICE- CHAIR), Bishop, Brancatelli, Hairston, J. Jones, Kazy. MONDAY 2:00 P.M. Finance Committee: Kelley (CHAIR), Zone (VICE- CHAIR), Brady, Brancatelli, Clevel, Conwell, Griffin, Keane, McCormack. TUESDAY 9:30 A.M. Development, Planning Sustainability Committee: Brancatelli (CHAIR), Clevel (VICE-CHAIR), Bishop, Hairston, B. Jones, Keane, McCormack. TUESDAY Alternating 1:30 P.M. Utilities Committee: Keane (CHAIR), Kazy (VICE- CHAIR), Bishop, Hairston, McCormack, Polensek, Santana. 1:30 P.M. Workforce Community Benefits Committee: (CHAIR), Clevel (VICE-CHAIR), Brady, Griffin, B. Jones, J. Jones, Kazy. WEDNESDAY Alternating 10:00 A.M. Safety Committee: Zone (CHAIR), Polensek (VICE- CHAIR), Griffin, Kazy, B. Jones, J. Jones, Santana. 10:00 A.M. Transportation Committee: Clevel (CHAIR), Keane (VICE-CHAIR), Bishop, Conwell, Johnson, J. Jones, Santana. The following Committees meet at the Call of the Chair: Mayor s Appointments Committee: Kazy (CHAIR), Brady, Brancatelli, Clevel, Kelley. Operations Committee: McCormack (CHAIR), Griffin, Keane, Kelley, Zone. Rules Committee: Kelley (CHAIR), Clevel, Hairston, Keane, Polensek. OFFICIAL PROCEEDINGS CITY COUNCIL Clevel, Ohio July 18, 2018 The meeting of the Council was called to order at 3:32 p.m. with the President of Council, Kevin J. Kelley, in the Chair. Council Members present: Kevin L. Bishop, Dona Brady, Anthony Brancatelli, Phyllis E. Clevel, Kevin Conwell, Blaine A. Griffin, Anthony T. Hairston, Kenneth L. Johnson, Basheer S. Jones, Joseph T. Jones, Brian Kazy, Kevin J. Kelley, Martin J. Keane, Kerry McCormack, Michael D. Polensek, Matt Zone. Also present were: Mayor Frank G. Jackson, Interim Chief of Staff/Director Sharon Dumas, Chief Operating Officer Darnell Brown, Chief of Government Affairs Valarie J. McCall, Chief of Regional Development Edward W. Rybka, Chief of Education Monyka S. Price, Media Relations Director Dan Williams, Chief of Sustainability Matt Gray, Chief of Public Affairs Natoya Walker-Minor, Directors Langhenry, Davis, Kennedy, Spronz, McGrath, Cox, Blue Donald, West, Ebersole, Stevenson, McNamara, Withers, Burrows Pierce Scott. MOTION Council Members, Administration, Staff, those in the audience rose for a moment of silent reflection, the Pledge of Allegiance. MOTION On the motion of Council Member Bishop, the reading of the minutes of the last meeting was dispensed with the journal approved. Seconded by Council Member Kazy. OATHS OF OFFICE File No Ronda Curtis, Chief Corporate Counsel, City of Clevel. Received File No Karrie D. Howard, Chief Assistant Prosecutor, City of Clevel. Received. FROM OHIO DIVISION OF LIQUOR CONTROL File No RE: # Stock Application, D1, D2 D3 D3A. Galindo, Inc., 3456 West 117th St. (Ward 11). Received. File No RE: # Transfer of License Application, D5 D6. Schmaltz Hospitality Clevel LLC, 2512 Church St. (Ward 3). Received. File No RE: # Economic Development Transfer Application, C1 C Deli LLC, Harvard Ave. (Ward 1). Received. File No RE: # Transfer of License Application, D2 D2X D3 D3A D6. SED Group, Inc., 3029 Woodhill Rd. (Ward 4). Received. File No RE: # New License Application, D5J D6. TNTMX LLC, Euclid Ave. (Ward 6). Received. File No RE: # Stock Application, C2 C2X. Fleet Gas Station, Inc., 7025 Fleet Ave. (Ward 12). Received. File No RE: # Transfer of Ownership Application, D1 D2 D6. Rising Grill LLC, 3709 Payne Ave. (Ward 7). Received. File No RE: # New License Application, D5F. Edgewater Yacht Club Inc., 6700 Memorial Shoreway (Ward 15). Received. File No RE: # New License Application, D5J. Flight Clevel LLC, 5712 Detroit Ave. (Ward 15). Received. File No RE: # Transfer of Ownership Application, D5 D6. RHHJ Productions LLC, West 25th St. (Ward 3). Received. File No RE: # Transfer of Ownership Application, D5 D6. Tilt LLC, Lorain Ave. (Ward 16). Received. File No RE: # New License Application, C1. Gobrs, Inc., 3420 Prospect Ave. (Ward 5). Received.

4 4 The City Record July 25, 2018 File No RE: # Transfer of Ownership Application, C1 C2. Memphis Corp., 4702 Memphis Ave. (Ward 13). Received. File No RE: # New License Application, C1. Sesame Soy LLC, 2173 Starkweather Ave. (Ward 3). Received. File No RE: # Transfer of Ownership Application, D1 D2 D3 D3A. 4 Wine LLC, 4250 Pearl Rd. (Ward 13). Received. File No RE: # New License Application, D3A. Mrake Lane LLC, 2912 Church Ave. (Ward 3). Received. File No RE: # Economic Development Transfer Application, D1 D2 D3. Mrake Lane LLC, 2912 Church Ave. (Ward 3). Received. File No RE: # Transfer of Ownership Application, C1 C2 D6. UA of Clevel LLC, 3722 Denison Ave. (Ward 14). Received. File No RE: # Stock Application, C2 C2X. Yasmene, Inc., 1199 Addison Rd. (Ward 7). Received. File No RE: # Stock Application, D1 D3 D3X D6. Chapati LLC, 2215 Chester Ave. (Ward 5). Received. File No RE: # Transfer of Ownership Application, D1 D2 D6. Szechuan Gourmet Clevel, Inc., 1735 East 36th St. (Ward 7). Received. CONDOLENCE RESOLUTIONS The rules were suspended the following Resolutions were adopted by a rising vote: Res. No Eddie Lee Gales, Jr. Res. No Jimmy L. Wallace. Res. No Harvey Dan Elam, Sr. Res. No Freddie Modean Sampson. Res. No Gloria D. Small. Res. No Robert E. Bobby Burks, Sr. Res. No Deacon Ardia L. Williams. Res. No Braylon Lamar Rucker. Res. No Bertha Pugh. Res. No Saniyah Nicholson. CONGRATULATIONS RESOLUTIONS The rules were suspended the following Resolutions were adopted without objection: Res. No John J. Thomas Freedom Award. Res. No Victor Thomas Freedom Award. Res. No Pastor James B. Roberson. Res. No Ozell & Mary Dobbins 60th Wedding Anniversary. Res. No Reverend Richard Jordan, Sr. 90th Birthday. Res. No Sgt. Margaret Buttner, #9149. Res. No Rick Chiricosta. RECOGNITION RESOLUTIONS The rules were suspended the following Resolutions were adopted without objection: Res. No Fairfax Community 60th Anniversary. Res. No Excelsior Lodge #11. Res. No Geek Squad Academy. Res. No Georgia W. Dixon. Res. No U.S.S. Cod SS-224 World War II Fleet Submarine 75th Anniversary. APPRECIATION RESOLUTION The rules were suspended the following Resolution was adopted without objection: Res. No Elder Lois Swanson. FIRST READING EMERGENCY ORDINANCES REFERRED Ord. No By Council Members Conwell, Griffin, Johnson, Brancatelli Kelley (by departmental request). An emergency ordinance giving consent of the City of Clevel to the Director of Transportation of the State of Ohio to construct pedestrian enhancements known as Uptown Mobility; to apply for accept any gifts or grants from any public or private entity; authorizing the Director of Capital Projects to enter into any relative agreements; to employ one or more professional consultants to design the improvement; causing payment of the City s share to the State for the cost of the improvement. Section 1. That it is declared to be in the public interest that the consent of the City of Clevel is given to the Director of Transportation of the State of Ohio ( the State ) to construct the following improvement under plans, specifications, estimates approved by the State: for the construction of pedestrian enhancements known as Uptown Mobility along Ford Drive/Mayfield Road from East Boulevard to East 126th Street, Euclid Avenue from Adelbert Road to East 118th Street East 115th Street from Euclid Avenue to Wade Park Avenue along CircleLink bus route, PID (the Improvement ). Section 2. That the City proposes to cooperate with the State in the cost of the Improvement by assuming contributing the entire cost expense of the Improvement, less the amount of federal funds allocated by the Federal Highway Administration, United States 1202 Department of Transportation. The City agrees to assume one hundred percent (100%) of the cost of preliminary engineering, right-of-way environmental documentation. Also, the City agrees to assume contribute 100% of the cost of any items included in the construction contract at the request of the City, which are determined by the State not eligible or made necessary by the Improvement. The share of the cost of the City is estimated in the amount of $68,667, but the estimated amount is to be adjusted in order that the City s ultimate share of the Improvement shall correspond with the percentages of actual costs when the actual costs are determined. Also, the City further agrees that change orders extra work contracts required to fulfill the construction contracts shall be processed as needed. The State shall not approve a change order or extra work contract until it first gives notice, in writing, to the City. The City shall contribute its share of the cost of these items in accordance with other provisions herein. Section 3. That the Director of Capital Projects is authorized to enter into one or more agreements with the State necessary to complete the planning construction of the Improvement, which agreements shall contain terms conditions that the Director of Law determines shall best protect the public interest. Section 4. Utilities Right-of- Way Statement. The City agrees to acquire /or make available to ODOT, under current State Federal regulations, all necessary rightof-way required for the Improvement. The City also understs that right-of-way costs include eligible utility costs. The City agrees to be responsible for all utility accommodation, relocation, reimbursement agrees that all such accommodations, relocations, reimbursements shall comply with the current provisions of 23 CFR 645 the ODOT Utilities Manual. Section 5. Maintenance. Upon completion of the Improvement, unless otherwise agreed, the City shall: (1) provide adequate maintenance for the Improvement under all applicable state federal laws, including, but not limited to, 23 USC 116; (2) provide ample financial provisions, as necessary, for the maintenance of the Improvement; (3) maintain the right-of-way, keeping it free of obstructions; (4) hold said right-of-way inviolate for public highway purposes. Section 6. That the Director of Capital Projects is authorized to enter into contracts with ODOT prequalified consultants for the preliminary engineering phase of the Improvement to enter into contracts with the Director of Transportation necessary to complete the above described project. Upon the request of ODOT, the Director of Capital Projects is also authorized to assign all rights, title, interests of the City to ODOT arising from any agreement with its consultant in order to allow ODOT to direct additional or corrective work, recover damages due to errors or omissions, to exercise all other contractual rights remedies afforded by law or equity. Section 7. That the City agrees that if Federal Funds are used to

5 July 25, 2018 The City Record 5 pay the cost of any consultant contract, the City shall comply with 23 CFR 172 in the selection of its consultant the administration of the consultant contract. Further, the City agrees to incorporate ODOT s Specifications for Consulting Services as a contract document in all of its consultant contracts. The City agrees to require, as a scope of services clause, that all plans prepared by the consultant must conform to ODOT s current design stards that the consultant shall be responsible for ongoing consultant involvement during the construction phase of the Improvement. The City agrees to include a completion schedule acceptable to ODOT to assist ODOT in rating the consultant s performance through ODOT s Consultant Evaluation System. Section 8. That this Council requests the State to proceed with the Improvement. Section 9. That the Director of Capital Projects is authorized to apply for accept any gifts or grants for this purpose from any public or private entity, including but not limited to NOACA; that the Director is authorized to file all papers execute all documents necessary to receive the funds under the grant; that the funds are appropriated for the purposes described in this ordinance. Section 10. That, when appropriate, the Director of Capital Projects is authorized to enter into one or more contracts with the railroads, Greater Clevel Regional Transit Authority, the Northeast Ohio Regional Sewer District other entities to obtain services or to acquire property rights such as easements licenses, necessary to construct the improvements described in this ordinance. Section 11. That the Director of Capital Projects is authorized to accept cash contributions from public or private entities, for infrastructure restoration costs associated with relocating, rehabilitating or reconstructing utility infrastructure for the improvement. Section 12. That the Director of Capital Projects is authorized to enter into one or more agreements with private utility companies to pay charges for the installation of underground lines in connection with the Improvement. Section 13. That the Director of Capital Projects is authorized to enter into any agreements necessary to implement the improvement. Section 14 That the Director of Capital Projects is authorized to employ by contract or contracts one or more consultants or one or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Clevel in order to provide professional services necessary to design the Improvement. The selection of the consultant or consultants for the services shall be made by the Board of Control on the nomination of the Director of Capital Projects from a list of qualified consultants available for employment as may be determined after a full complete canvass by the Director of Capital Projects for the purpose of compiling a list. The compensation to be paid for the services shall be fixed by the Board of Control. The contract or contracts authorized shall be prepared by the Director of Law, approved by the Director of Capital Projects, certified by the Director of Finance. Section 15. That the Clerk of Council is authorized directed to transmit to the State three (3) certified copies of this ordinance immediately on its taking effect, it shall become the basis for proceeding with the Improvement. Section 16. That this Council authorizes payment to the State of the City s share of the Improvement. Section 17. That the cost of the professional services the City s share of the improvement shall be paid from Fund Nos. 20 SF 520, 20 SF 528, 20 SF 534, 20 SF 540, 20 SF 546, 20 SF 554, 20 SF 563, 20 SF 568, 20 SF 574, 20 SF 579, 20 SF 586 any all funds approved by the Director of Finance, including future bond funds if issued for this purpose, RQS 0103, RLA Section 17. That this ordinance is, provided it receives the Referred to Directors of Capital Projects, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability, Finance. Ord. No By Council Members McCormack, Johnson Brancatelli (by departmental request). the Director of Capital Projects to issue one or more permits, as necessary, to Flats East Development, L.L.C. to encroach into the public rights-of-way of Old River Road, Front Avenue, West 11th Street Main Avenue by installing, using, maintaining various streetscape building improvements including but not limited to vestibules, fire pits, outdoor bars, canopies, lighting, building facades, streetscape amenities, other streetscape art. Section 1. That the Director of Capital Projects is authorized to issue one or more permits, as necessary, revocable at the will of Council, to Flats East Development, L.L.C., 2816 North Morel Avenue, Clevel, Ohio ( Permittee ), to encroach into the public rights-ofway of Old River Road, Front Avenue, West 11th Street Main Avenue by installing, using, maintaining various streetscape building improvements including but not limited to vestibules, fire pits, outdoor bars, canopies, lighting, building facades, streetscape amenities, other streetscape art, at the following described location: Legal Description of a acre Situated in the City of Clevel, County of Cuyahoga State of Ohio known as being all of Permanent Parcel Number a part of Permanent Parcel Number as conveyed to the City of Clevel, Ohio, being further bounded described as follows: Commencing at a 5/8" rebar found in a monument box at an angle point in the center line of Old River Road (66 feet wide), said monument found South 71 42'07" East, a distance of feet from the western limits of said Old River Road as defined by the Vacation Plat recorded in Volume 3591, Page 35 of Cuyahoga County Map Records; Thence along said centerline of Old River Road, it s northwesterly prolongation, North 71 42'07" West, for a distance of feet to a 1" rebar in a monument box found at the centerline intersection of vacated Old River Road Vacated Main Avenue (40 feet wide) as defined by said Vacation Plat, said monument also being the TRUE POINT OF BEGINNING for the parcel of l hereinafter described, thence clockwise along the following 42 courses distances: 1. Thence South 71 42'07" East, along said centerline of vacated Old River Road, for a distance of feet to a point; 2. Thence along the arc of a curve, deflecting to the left, said curve having a delta of 14 33'20", a radius of feet, a tangent of 9.39 feet a chord of feet which bears South 41 22'33" East, for a distance of feet to an iron pin found at the Northwesterly corner of ls now or formerly conveyed to Flats East Development LLC, PPN ; 3. Thence along the westerly line of said PPN , South 65 26'11" West, for a distance of feet to an iron pin found at an angle point; 4. Thence continuing along said westerly line of PPN along the arc of a curve, deflecting to the right, said curve having a delta of 7 40'28", a radius of feet, a tangent of feet a chord of feet which bears South 69 11'31" West, for a distance of feet to an iron pin found at an angle point; 5. Thence continuing along said westerly line of PPN along the arc of a curve, deflecting to the right, said curve having a delta of 7 35'10", a radius of feet, a tangent of feet a chord of feet which bears South 32 47'11" East, for a distance of feet to an iron pin found at an angle point; 6. Thence continuing along said westerly line of PPN , South 18 23'03" West, for a distance of feet to the southwesterly corner of said PPN the northeasterly dock line of the Cuyahoga River as established by Ordinance No which was passed on March 4, 1901; 7. Thence along said northeasterly dock line of the Cuyahoga River, North 73 28'39" West, for a distance of feet to an angle point; 8. Thence continuing along said northeasterly dock line of the Cuyahoga River, North 77 55'19" West, for a distance of feet to an angle point; 9. Thence continuing along said northeasterly dock line of the Cuyahoga River, North 76 23'45" West, for a distance of feet to an angle point;

6 6 The City Record July 25, Thence continuing along said northeasterly dock line of the Cuyahoga River, North 73 32'09" West, for a distance of feet to an angle point; 11. Thence continuing along said northeasterly dock line of the Cuyahoga River, North 72 59'43" West, for a distance of feet to an angle point; 12. Thence continuing along said northeasterly dock line of the Cuyahoga River, North 66 01'48" West, for a distance of feet to an angle point; 13. Thence continuing along said northeasterly dock line of the Cuyahoga River, North 55 18'48" West, for a distance of 0.88 feet to an angle point; 14. Thence continuing along said northeasterly dock line of the Cuyahoga River, North 55 18'42" West, for a distance of feet to an angle point; 15. Thence continuing along said northeasterly dock line of the Cuyahoga River, North 47 35'14" West, for a distance of feet to an angle point; 16. Thence continuing along said northeasterly dock line of the Cuyahoga River, South 65 41'41" West, for a distance of 2.29 feet to an angle point; 17. Thence continuing along said northeasterly dock line of the Cuyahoga River, North 50 26'21" West, for a distance of feet to an angle point; 18. Thence continuing along said northeasterly dock line of the Cuyahoga River, North 30 03'14" West, for a distance of feet to the southwesterly corner of ls now or formerly conveyed to Pennsylvania Lines LLC, PPN ; 19. Thence along the southerly line of said Pennsylvania Lines LLC, North 62 05'48" East, for a distance of feet to an iron pin found at the westernmost corner of ls now or formerly conveyed to Flats East Development LLC; 20. Thence along the southerly line of said Flats East Development LLC, South 30 03'14" East, for a distance of feet to an iron pin found at an angle point; 21. Thence continuing along the southerly line of said Flats East Development LLC, South 50 26'21" East, for a distance of feet to an iron pin found at an angle point; 22. Thence continuing along the southerly line of said Flats East Development LLC, North 65 41'41" East, for a distance of 3.17 feet to an iron pin found at an angle point; 23. Thence continuing along the southerly line of said Flats East Development LLC, South 47 35'14" East, for a distance of feet to an iron pin found at an angle point; 24. Thence continuing along the southerly line of said Flats East Development LLC, South 55 18'42" East, for a distance of feet to an iron pin found at an angle point; 25. Thence continuing along the southerly line of said Flats East Development LLC, South 71 53'34" East, for a distance of feet to an iron pin found at an angle point; 26. Thence continuing along the southerly line of said Flats East Development LLC along the arc of a curve, deflecting to the right, said curve having a delta of 6 36'34", a radius of feet, a tangent of feet a chord of feet which bears North 57 12'57" East, for a distance of feet to an iron pin found on the easterly line of said Flats East Development LLC; 27. Thence along said easterly line of Flats East Development LLC along the arc of a curve, deflecting to the right, said curve having a delta of ", a radius of feet, a tangent of feet, a chord of feet which bears North 50 40'08" West, for a distance of feet to an iron pin found at an angle point; 28. Thence continuing along said easterly line of Flats East Development LLC along the arc of a curve, deflecting to the right, said curve having a delta of 31 15'17", a radius of feet, a tangent of feet a chord of feet which bears North 28 39'06" West, for a distance of feet to an iron pin found at an angle point; 29. Thence continuing along said easterly line of Flats East Development LLC along the arc of a curve, deflecting to the right, said curve having a delta of '28", a radius of feet, a tangent of feet a chord of feet which bears North 15 42'41" East, for a distance of feet to an iron pin found at an angle point; 30. Thence continuing along said easterly line of Flats East Development along the arc of a curve, deflecting to the right, said curve having a delta of 15 45'51", a radius of feet, a tangent of feet a chord of feet which bears North 47 29'45" East, for a distance of feet to an iron pin found at an angle point in the westerly line of ls now or formerly conveyed to Flats East Surface Parking LLC; 31. Thence along said westerly line of Flats East Surface Parking LLC, South 34 37'20" East, for a distance of feet to an iron pin found at an angle point; 32. Thence continuing along said westerly line of Flats East Surface Parking LLC along the arc of a curve, deflecting to the left, said curve having a delta of 01 01'07", a radius of feet, a tangent of feet a chord of feet which bears South 54 52'07" West, for a distance of feet to an iron pin found at an angle point; 33. Thence continuing along said westerly line of Flats East Surface Parking LLC, South 34 21'45" East, for a distance of feet to an iron pin found at an angle point; 34. Thence along the arc of a curve, deflecting to the left, said curve having a delta of 58 39'15", a radius of feet, a tangent of feet a chord of feet which bears South 55 38'15" West, for a distance of feet to an iron pin found at an angle point in the easterly line of ls now or formerly conveyed to Flats East Development LLC; 35. Thence along said easterly line of Flats East Development LLC, North 34 21'45" West, for a distance of feet to an iron pin found at the northernmost corner of said Flats East Development LLC; 36. Thence along the northerly line of said Flats East Development LLC along the arc of a curve, deflecting to the left, said curve having a delta of 11 27'08", a radius of feet, a tangent of feet a chord of feet which bears South 45 24'57" West, for a distance of feet to an iron pin found on the westerly line of said Flats East Development LLC; 37. Thence along said westerly line of Flats East Development LLC along the arc of a curve, deflecting to the right, said curve having a delta of 77 11'54", a radius of feet, a tangent of feet a chord of feet which bears South 16 11'46" West, for a distance of feet to an iron pin found on the southerly line of said Flats East Development LLC; 38. Thence along said southerly line of Flats East Development LLC along the arc of a curve, deflecting to the left, said curve having a delta of 24 56'15", a radius of feet, a tangent of feet a chord of feet which bears South 31 48'05" East, for a distance of feet to an iron pin found at an angle point; 39. Thence continuing along said southerly line of Flats East Development LLC along the arc of a curve, deflecting to the left, said curve having a delta of 70 17'36", a radius of feet, a tangent of feet a chord of feet which bears South 79 25'01" East, for a distance of feet to an iron pin found at an angle point; 40. Thence continuing along said southerly line of Flats East Development LLC, North 65 26'11" East, for a distance of feet to an iron pin found at an angle point; 41. Thence along the arc of a curve, deflecting to the left, said curve having a delta of 26 57'57", a radius of feet, a tangent of feet a chord of feet which bears South 05 04'33" East, for a distance of feet to an iron pin found on the said center line of vacated Main Avenue; 42. Thence along said centerline of vacated Main Avenue, South 55 39'06" West, for a distance of feet to the TRUE POINT OF BEGINNING containing acres (141,367 sq.) of l, more or less, subject to all easements, restrictions covenants of record, as surveyed under the supervision of Joseph R. Ciuni, P.S. Number 7394, for Glaus Pyle, Schomer, Burns DeHaven, dba GPD Group, in September of Basis of Bearings is State Plane Grid North, NAD83, Ohio North Zone. Legal Description approved by Greg Esber, Section Chief, Plats, Surveys House Numbering Section. Section 2. That Permittee may assign a permit only with the prior written consent of the Director of the Mayor s Office of Capital Projects. That the encroaching structure(s) permitted by this ordinance shall conform to plans specifications first approved by the Manager of Engineering Construction the Building Department. That Permittee shall obtain all other required permits including, but not limited to, Building Permits, before installing the encroachment(s). Section 3. That the Director of Law shall prepare the permit or permits authorized by this ordinance shall incorporate such additional provisions as the director determines necessary to protect benefit the public interest. A permit

7 July 25, 2018 The City Record 7 shall be issued only when, in the opinion of the Director of Law, a prospective Permittee has properly indemnified the City against any loss that may result from the encroachment(s) permitted. Section 4. That all permits shall reserve to the City reasonable right of entry to the encroachment location(s). Section 5. That this ordinance is, provided it receives the Referred to Directors of Capital Projects, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability. Ord. No By Council Members Conwell, Johnson, Brancatelli Kelley (by departmental request). An emergency ordinance determining the method of making the public improvement of constructing the East 105th Street Neighborhood Project; authorizing the Director of Capital Projects or Public Works, as appropriate, to enter into one or more contracts for the construction, authorizing Neff & Associates to design the improvement; any other agreements; authorizing the Commissioner of Purchases Supplies to acquire for right-of-way purposes real property. Section 1. That, under Section 167 of the Charter of the City of Clevel, this Council determines to make the public improvement of constructing the East 105th Street Neighborhood Project, including but not limited to, the East 105th streetscape Stage 1, East 103rd street rehabilitation Stage 1, Ashbury Avenue rehabilitation Stage 1, Orville Avenue extension, Stage 1, construction of a community city park (the Improvement ), for the Office of Capital Projects or Public Works, as appropriate, by one or more contracts duly let to the lowest responsible bidder or bidders after competitive bidding on a unit basis for the Improvement. Section 2. That the Director of Capital Projects or Public Works, as appropriate, is authorized to enter into one or more contracts for the making of the public improvement with the lowest responsible bidder or bidders after competitive bidding on a unit basis for the Improvement, provided, however, that each separate trade each distinct component part of the Improvement may be treated as a separate improvement, each, or any combination, of the trades or components may be the subject of a separate contract on a unit basis. Section 3. That the Director of Capital Projects or Public Works, as appropriate, is authorized to apply pay for permits, licenses, or other authorizations required by any regulatory agency or public authority to permit performance of the work authorized by this ordinance. Section 4. That the Director of Capital Projects or Public Works, as appropriate, is authorized to enter into one or more contracts with Neff & Associates for professional services necessary to design the Improvement on the basis of its proposal dated June 28, 2018, for the Office of Capital Projects or the Department of Public Works, as appropriate. Section 5. That, notwithsting any provision of the Codified Ordinances of Clevel, Ohio, 1976, to the contrary, the Commissioner of Purchases Supplies is authorized to acquire for right-of-way purposes such real property, easements, licenses, right of entries as are necessary to make the Improvement. The consideration to be paid for the property shall not exceed fair market value. Section 6. That the Director of Capital Projects is authorized to execute on behalf of the City all documents necessary to acquire the property to employ pay all fees for title companies, surveys, escrows, appraisers, review appraisers, all other costs necessary for the acquisition of the property. Section 7. That the Director of Capital Projects is authorized to apply for accept any gifts or grants for this purpose from any public or private entity, including but not limited to, the State of Ohio the Northeast Ohio Regional Sewer District to implement the Improvement; that the Director is authorized to file all papers execute all documents necessary to receive any funds or services; that the funds are appropriated for the purposes described in this ordinance. Section 8. That, when appropriate, the Director of Capital Projects is authorized to enter into one or more contracts with the railroads, the Greater Clevel Regional Transit Authority, the Northeast Ohio Regional Sewer District, other entities to obtain services or to acquire property rights such as easements licenses, necessary to construct the Improvement. Section 9. That the Director of Capital Projects is authorized to accept cash contributions from the public or private entities, including but not limited to, the Greater Clevel Regional Transit Authority the Northeast Ohio Regional Sewer District, for the Improvement. That the Director of Capital Projects is authorized to enter into agreements with the entities for this purpose. Section 10. That the Director of Capital Projects is authorized to enter into one or more agreements with private utility companies to pay charges for the design installation of underground lines in connection with the improvement. Section 11. That the Director of Capital Projects is authorized to enter into any agreements necessary to implement the Improvement. Section 12. That the cost of this ordinance shall be paid from Fund Nos. 20 SF 520, 20 SF 528, 20 SF 534, 20 SF 540, 20 SF 546, 20 SF 554, 20 SF 563, 20 SF 568, 20 SF 574, 20 SF 579, 20 SF 586, from the fund or funds to which are credited proceeds from the sale of future bonds if issued for this purpose, from the fund or funds to which are credited any cash contribution, payment, grant, or gift accepted under this ordinance, any funds approved by the Director of Finance for this purpose. (RQS 0103, RL ) Section 13. That this ordinance is, provided it receives the Referred to Directors of Capital Projects, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability, Finance. Ord. No By Council Members Zone, Johnson Kelley (by departmental request). the Director of Capital Projects to make alterations modifications in Contract No. PI with Mid American Construction, LLC for construction of a garage at the new City Kennel Facility Project site. a municipal department; now, therefore, Section 1. That the Director of Capital Projects is authorized to make the following alterations modifications in Contract No. PI with Mid American Construction, LLC for construction of a garage at the new City Kennel Facility Project site: Subsidiary Additions New Items Construction of a complete, heated ten-(10) bay garage to be used by the City of Clevel s Division of Animal Care & Control for the storage maintenance of Animal Control Officer vehicles. This one-story steel-framed pre-engineered metal building on cast-in-place concrete foundations slabs will be clad in insulated metal panels include ten (10) overhead coiling doors with operators, two (2) person-doors with hardware, plumbing for vehicle washing, all related gas piping, mechanical, electrical work required. 1205

8 8 The City Record July 25, 2018 Total Additions New Items $ 523, TOTAL SUBSIDIARY ADDITIONS $ 523, Original Contract Amount $6,058, Total Subsidiary Additions 523, New Contract Amount $6,581, which alteration has been recommended in writing by the Director of Capital Projects, countersigned by the Mayor, consented to by the surety on the contract. The price to be paid for the alterations modifications to the contract has been agreed upon in writing signed by the Director of Capital Projects the contractor. This alteration will cause an increase in the amount of the original contract in the sum of $523, to be paid from Fund Nos. 20 SF 215, 20 SF 226, 20 SF 566, 20 SF 573, 20 SF 578, 20 SF 585. (RQS 0103, RLA ) Section 2. That this ordinance is, provided it receives the affirmative vote of two-thirds of all Referred to Directors of Capital Projects, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Finance. Ord. No By Council Members Brancatelli Kelley (by departmental request). An emergency ordinance appropriating Community Development Block Grant funds for anti-predatory lending foreclosure prevention assistance, financial literacy programs, fair housing, administrative costs to implement the programs. Whereas, the City of Clevel has received a Community Development Block Grant, PY2018, from the United States Government; Section 1. That CDBG funds in the amount of $85,950 are appropriated for anti-predatory lending foreclosure prevention assistance, financial literacy programs, fair housing, administrative costs to implement the programs. Section 2. That the Director of Community Development is authorized to enter into one or more contracts with various organizations to provide counseling, training, marketing, program evaluation other services required for antipredatory lending foreclosure prevention assistance, financial literacy, fair housing activities to expend funds for administrative costs to implement the programs. Section 3. That the aggregate cost of the contracts administrative costs shall not exceed $85,950, plus any prior balances program income, shall be paid from Fund No. 14 SF 044. (RQS 8006, RL ) Section 4. That this ordinance is, provided it receives the Referred to Directors of Community Development, Finance, Law; Committees on Development Planning Sustainability, Finance. Ord. No By Council Members Brancatelli Kelley (by departmental request). the Director of Community Development to enter into contracts with one or more non-profit agencies to operate a community garden program. Section 1. That the Director of Community Development is authorized to enter into contracts with one or more non-profit agencies to operate a community gardening program. Section 2. That the cost of the contract or contracts shall not exceed $126,057, shall be paid from Fund No. 14 SF 044, Request No. RQS 8006, RL Section 3. That this ordinance is, provided it receives the Referred to Directors of Community Development, Finance, Law; Committees on Development Planning Sustainability, Finance. Ord. No By Council Members Brancatelli Kelley (by departmental request). An emergency ordinance appropriating Community Development Block Grant funds for expenses for the Demolition Program emergency contracts under the Board-up Program; authorizing the Director of Building Housing to enter into one or more contracts with various agencies to implement these programs; authorizing the purchase by one or more requirement contracts for the items of labor materials necessary to implement the Board-up Program Section 1. That Community Development Block Grant funds in the amount of $950,000 from Fund No. 14 SF 044, RQS 8006, RL , are appropriated for costs of the Department of Building Housing associated with conducting the Demolition Board-up Programs incurred in Fund 19 following the appropriate federal regulations in conjunction with the Community Development Block Grant Program. Section 2. That the Director of Building Housing is authorized to enter into one or more contracts with various non-profit for-profit agencies entities for services necessary to implement the Demolition Program emergency contracts under the Board-up Program. Section 3. That the Director of Building Housing is authorized to make one or more written requirement contracts under the Charter the Codified Ordinances of Clevel, Ohio, 1976, for the requirements for a one or two year period for the items of labor materials necessary to implement the Board-up Program, in the approximate amount as purchased during the preceding term, to be purchased by the Commissioner of Purchases Supplies on a unit basis for the Department of Building Housing. Bids shall be taken in a manner that permits an award to be made for all items as a single contract, or by separate contract for each or any combination of the items as the Board of Control determines. Alternate bids for a period less than the specified term may be taken if desired by the Commissioner of Purchases Supplies until provision is made for the requirements for the entire term. The Director of Building Housing is authorized to enter into one or more contracts with a term of two years instead of one year when there is a financial advantage to the City. For purposes of this ordinance, a financial advantage shall be determined by the Director of Building Housing by comparing the bids received for both terms. Section 4. That the costs of the contract or contracts shall be charged against the proper appropriation accounts the Director of Finance shall certify the amount of any purchase under the contract, each of which purchases shall be made on order of the Commissioner

9 July 25, 2018 The City Record 9 of Purchases Supplies under a delivery order against the contract or contracts certified by the Director of Finance. Section 5. That prior to expending funds under this ordinance, the Director of Building Housing the Director of Community Development shall enter into a written agreement for this program. Section 6. That the Director of Building Housing is authorized to accept monies in repayment under the program to utilize CDBG program income any prior years balances for making additional expenditures under this program, the funds are appropriated for that purpose. Section 7. That the Director of Building Housing is authorized to collect from persons or entities from whom the City is collecting demolition costs an amount equal to any amount spent for services related to collection of demolition cost, such as title searches, credit bureau reports, document filing fees. Any funds collected shall be deposited into Fund No. 14. Section 8. That this ordinance is, provided it receives the Referred to Directors of Community Development, Building & Housing, Finance, Law; Committees on Development Planning Sustainability, Finance. Ord. No By Council Members Brancatelli Kelley (by departmental request). An emergency ordinance appropriating Community Development Block Grant funds Emergency Solutions Grant funds for expenses of the Senior Homeowners Assistance Program (SHAP), CHORE, Homeless Services Programs. Whereas, the City of Clevel has received a Community Development Block Grant, PY2018, from the United States Government; Section 1. That Community Development Block Grant funds in the amount of Two Hundred Eighty Thous Dollars ($280,000) from Fund No. 14 SF 044, any prior balances program income, are appropriated for costs of the Department of Aging incurred in Fund 19 associated with conducting the Senior Homeowners Assistance Program ( SHAP ), CHORE in conjunction with the Community Development Block Grant Program. (RQS 8006, RL ) Section 2. That Emergency Solutions Grant funds in the amount of Sixty Thous Dollars ($60,000) from Fund No. 19 SF 665 are appropriated for costs of the Department of Aging incurred in Fund 19 associated with conducting the Homeless Services Program. (RQS 8006, RL ) Section 3. That prior to expending funds under this ordinance, the Director of Aging the Director of Community Development shall enter into a memorum of understing for this program. Section 4 That this ordinance is, provided it receives the Referred to Directors of Community Development, Aging, Finance, Law; Committees on Development Planning Sustainability, Finance. Ord. No By Council Members McCormack, Brancatelli Kelley (by departmental request). the Director of Community Development to enter into an amendment to the Lease By Way of Concession with the Near West Side Multi-Service Corporation entered into on June 22, 2015, to provide an initial 20-year term with a 20-year option to renew of the Lease to sublease portions of the property to various non-profit health human service organizations. Whereas, under Ordinance No , passed June 1, 2015, this Council authorized a Lease By Way of Concession between The Near West Side Multi-Service Corporation entered into on June 22, 2015 ( the Lease ) to operate the May Dugan Multi-Service Center to provide social services to the community; Whereas, the Lease was for an initial 10-year period with a ten-year option to renew; Whereas, The Near West Side Multi-Service Corporation wishes to have an initial 20-year term with a 20-year option to renew the Lease to sublease space to various non-profit health human service organizations to provide additional services to the community; Section 1. That the Director of Community Development is authorized to enter into an amendment to the Lease with The Near West Side Multi-Service Corporation, or its designee, to provide an initial 20- year term with a 20-year option to renew the Lease to sublease space in the leased premises to various non-profit health human service organizations to provide additional services to the community. All other terms of the Lease shall remain the same. Section 2. That the Director of Law shall prepare the amendment. Section 3 That this ordinance is, provided it receives the 1207 Referred to Directors of Community Development, City Planning Commission, Finance, Law; Committees on Development Planning Sustainability, Finance. Ord. No By Council Members Clevel, Brancatelli Kelley (by departmental request). the Director of Community Development to amend Contract No with Osborn Square Limited Partnership, to accept a discount prepayment of its NDIF loan for the Osborn Square Apartments parking deck located at the intersection of Prospect Avenue, Huron Road, East 9th Street. Whereas, under Ordinance No , passed December 16, 1996, as amended by Ordinance No , passed December 14, 1998, this Council authorized the Director of Community Development to enter into NDIF Contract No with Osborn Square Limited Partnership ( Osborn ), in the amount of $600,000 ( NDIF Loan ) to enter into HUD 108 Loan Contract No in the amount of $600,000 ( HUD 108 Loan ), for the redevelopment of buildings located at 1001 Huron Road, 1020 Huron Road 1104 Prospect Avenue for the Osborn Square Apartments parking deck; Whereas, Osborn desires to apply for a private loan in order to make application for that loan, the City needs to consent to both a discount prepayment on the NDIF Loan the release of mortgage on the HUD 108 Loan; Whereas, by accepting the prepayment of the NDIF Loan accepting payment in full on the HUD 108 Loan, the Department of Community Development would realize an immediate influx of funds rather than wait until both debts are fully paid off, thereby making the additional funds available for other eligible projects; for the immediate preservation of the public peace, safety, property welfare, in that its enactment is a necessary prerequisite to providing immediate assistance to create preserve job opportunities advance promote commercial economic development in the City of Clevel, now therefore Section 1. That the Director of Community Development is authorized to enter into an amendment to the NDIF Loan with Osborn to accept a discounted prepayment of $282,995 which represents a discounted rate of 9% on the portion owed under that contract. The amendment shall also contain the provision that as a condition to accepting the discount prepayment of the NDIF Loan, the City is requiring Osborn to pay the HUD 108 Loan in full, which is currently estimated to be $453, Section 2. That the Director of Community Development is authorized to accept on behalf of the City a discounted prepayment of $282,995 from Osborn.

10 10 The City Record July 25, 2018 Section 3. That the Director of Community Development is authorized to file all papers execute all documents necessary to receive the funds under the prepayment. Section 4. That the amendment authorized by this ordinance shall be prepared by the Director of Law shall contain terms conditions that the director deems necessary to protect benefit the public interest. Section 5. That the Director of Community Development is authorized to release any all collateral taken to secure repayments of the NDIF Loan HUD 108 Loan referenced in this ordinance to execute all documents necessary to release the collateral of the loans. Any release of security instruments shall be prepared approved by the Director of Law. Section 6. That the Director of Community Development is authorized to deposit the prepayments into the fund approved by the Director of Finance. Section 7. That this ordinance is, provided it receives the Referred to Directors of Community Development, Finance, Law; Committees on Development Planning Sustainability, Finance. Ord. No By Council Members B. Jones, Brancatelli Kelley (by departmental request). the Director of Community Development to lease certain property located at 1550 Superior Avenue to Mental Health Services for Homeless Persons, Inc. dba FrontLine Service to operate a transitional housing facility for homeless men, women, young adults, for a period of five years with one option to renew for an additional five-year period, exercisable by the Director of Community Development. Whereas, the City of Clevel owns certain property located at 1550 Superior Avenue which is suitable for lease operation by another party; Whereas, Mental Health Services for Homeless Persons, Inc. dba FrontLine Service has proposed to lease the property from the City for the public purpose of operating a transitional housing facility for homeless men, women, young adults; Section 1. That notwithsting as an exception to the provisions of Chapters of the Codified Ordinances of Clevel, Ohio, 1976, the Director of Community Development is authorized to lease to Mental Health Services for Homeless Persons, Inc. dba Front- Line Service ( Lessee ), certain property located at 1550 Superior Avenue which is suitable for lease operation by another party for the public purpose of operating a transitional housing facility for homeless men, women, young adults. Section 2. That the term of the lease authorized by this ordinance shall be for a period of five years with one option to renew for an additional five-year period, exercisable by the Director of Community Development Section 3. That the property authorized by this ordinance shall be leased at $1.00 per year, other valuable consideration, determined to be fair market value, exclusive of utilities. Section 4. That the lease may authorize the Lessee to make improvements to, maintain, the leased premises subject to the approval of appropriate City agencies officials. Section 5. That the lease shall be prepared by the Director of Law. Section 6. That the Director of Community Development, the Director of Law, other appropriate City officials are authorized to execute any other documents certificates, take any other actions which may be necessary or appropriate to effect the lease authorized by this ordinance. Section 7. That this ordinance is, provided it receives the Referred to Directors of Community Development, City Planning Commission, Finance, Law; Committees on Development Planning Sustainability, Finance. Ord. No By Council Members Hairston, McCormack, B. Jones, Brancatelli Kelley (by departmental request). An emergency ordinance determining the method of making the public improvement of renovating the Collinwood Community Services Center, the Near West Side Multi- Service Center aka May Dugan Center, North Point Inn aka North Point Shelter; authorizing the Director of Community Development to enter into one or more public improvement contracts for the making of the improvement; authorizing the Director to employ one or more professional consultants to design the improvement; to enter into various written stard purchase requirement contracts needed in connection with the improvement for managing maintaining the buildings. Whereas, the City of Clevel has received a Community Development Block Grant, PY2018, from the United States Government; 1208 Section 1. That, under Section 167 of the Charter of the City of Clevel, this Council determines to make the public improvement of renovating the Collinwood Community Services Center, the Near West Side Multi-Service Center aka May Dugan Center, North Point Inn aka North Point Shelter (the Improvement ), for the Department of Community Development, by one or more contracts duly let to the lowest responsible bidder or bidders after competitive bidding for a gross price for the Improvement. Section 2. That the Director of Community Development is authorized to enter into one or more contracts for the making of the public improvement with the lowest responsible bidder or bidders after competitive bidding for a gross price for the Improvement, provided, however, that each separate trade each distinct component part of the Improvement may be treated as a separate Improvement, each, or any combination, of the trades or components may be the subject of a separate contract for a gross price for the Improvement. On request of the director, the contractor shall furnish a correct schedule of unit prices, including profit overhead, for all items constituting units of the Improvement. Section 3. That the Director of Community Development is authorized to apply pay for permits, licenses, or other authorizations required by any regulatory agency or public authority to permit performance of the work authorized by this ordinance. Section 4. That the Director of Community Development is authorized to employ by contract or contracts one or more consultants or one or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Clevel in order to provide professional services necessary to design the Improvement. The selection of the consultants for the services shall be made by the Board of Control on the nomination of the Director of Community Development from a list of qualified consultants available for employment as may be determined after a full complete canvass by the Director of Community Development for the purpose of compiling a list. The compensation to be paid for the services shall be fixed by the Board of Control. The contract or contracts authorized shall be prepared by the Director of Law, approved by the Director of Community Development, certified by the Director of Finance. Section 5. That the Director of Community Development is authorized to make one or more written stard purchase contracts written requirement contracts under the Charter the Codified Ordinances of Clevel, Ohio, 1976, the period of one year, for the necessary items of materials, equipment, supplies, services necessary to construct the Improvement, including labor materials if necessary, for the necessary items of materials equipment, supplies, services that are necessary for managing maintain the buildings, to be purchased by the Commissioner of Purchases Supplies on a unit

11 July 25, 2018 The City Record 11 basis for the Department of Community Development. Bids shall be taken in a manner that permits an award to be made for all items as a single contract, or by separate contract for each or any combination of the items as the Board of Control determines. Section 6. That the costs of the requirement contract or contracts shall be charged against the proper appropriation accounts the Director of Finance shall certify the amount of any purchase under the contract, each of which purchases shall be made on order of the Commissioner of Purchases Supplies by a delivery order issued against the contract or contracts certified by the Director of Finance. Section 7. That under Section 108(b) of the Charter, the purchases authorized by this ordinance may be made through cooperative arrangements with other governmental agencies. The Director of Community Development may sign all documents that are necessary to make the purchases, may enter into one or more contracts with the vendors selected through that cooperative process. Section 8. That the cost of the contracts other expenditures authorized in this ordinance shall be paid from Fund No. 14 SF 044, any prior balances program income, Request No. RQS 8006, RL Section 9. That this ordinance is, provided it receives the Referred to Directors of Community Development, City Planning Commission, Finance, Law; Committees on Development Planning Sustainability, Finance. Ord. No By Council Members Brady, Brancatelli Kelley (by departmental request). the Director of Economic Development to enter into an Enterprise Zone Agreement with Weston, Inc., or its designee, to provide for tax abatement for certain real property improvements as an incentive to develop a multi-tenant industrial facility at Madison Avenue in the Clevel Area Enterprise Zone. Whereas, by letter dated June 29, 2018, the City provided the Clevel Metropolitan School District ( CMSD ) with a notice of proposed tax exemptions required by the Revised Code; Whereas, under Ordinance No , passed June 19, 1995, this Council designated an area, which is in the City of Clevel described in File No A, as the Clevel Area Enterprise Zone (the Zone ) under Chapter 5709 of the Revised Code; Whereas, under Ordinance No , passed December 8, 2014, this Council changed the maximum term of tax abatements from ten to fifteen years, as now allowed under Ohio law; Whereas, in August, 1995, the Director of Development of the State of Ohio determined that the Zone contains the characteristics described in division (A) of Section of the Revised Code certified the area as an Urban Jobs Enterprise Zone under Chapter 5709 of the Revised Code; Whereas, Weston, Inc., or its designee (the Enterprise ) has proposed to develop a multi-tenant industrial facility at Madison Avenue in the Clevel Area Enterprise Zone; Whereas, the Enterprise has certified to the City that it would be at a competitive disadvantage operating at this location if taxes on certain real property improvements were not abated; for the immediate preservation of the public peace, safety, property, welfare that its enactment is a necessary prerequisite to providing immediate assistance to create preserve job opportunities advance promote commercial economic development in the City of Clevel, the assistance is immediately necessary or jobs will be lost; now, therefore, Section 1. That this Council approves the application of the Enterprise for enterprise zone incentives on the basis that the Enterprise is qualified by financial responsibility business experience to create preserve employment opportunities in the Clevel Area Enterprise Zone to improve the economic climate of the City of Clevel. Section 2. That the Director of Economic Development is authorized to enter into an Enterprise Zone Agreement with the Enterprise to provide for a ten-year, sixty percent (60%) tax abatement for certain real property improvements commencing the first year for which the real property improvements would first be taxable were that property not exempted from taxation; the abatement shall be subject to annual review of the Tax Incentive Review Council. Section 3. That the terms of the tax abatement shall be in accordance with the terms in the Summary contained in File No A. These terms shall not be amended, nor shall the tax abatement be assignable or transferable to any entity, without the prior legislative authorization by Clevel City Council. Section 4. That the Director of Economic Development is authorized to charge accept fees in an amount not to exceed the maximum allowable under Chapter 5709 of the Revised Code the funds are appropriated for the purposes listed in Chapter 5709 of the Revised Code. The fees shall be deposited to expended from Fund No. 17 SF 305. Section 5. That the contract other appropriate documents needed to complete the transaction authorized by this legislation shall be prepared by the Director of Law. Section 6. That any contract authorized by this legislation must require the recipient of financial assistance to work with, /or cause their Tenants to work with, The Workforce Investment Board for Workforce Area No. 3 to identify solicit qualified cidates 1209 for job opportunities related to the City s contracts. The identification process shall place special emphasis on the hard to employ, including people who are disabled people who have been convicted of or who have pled guilty to a criminal offense which is unrelated to the duties of the job opportunity. Section 7. That this ordinance is, provided it receives the Referred to Directors of Economic Development, City Planning Commission, Finance, Law; Committees on Development Planning Sustainability, Finance. Ord. No By Council Members McCormack, Santana, Brancatelli Kelley (by departmental request). the Director of Economic Development to enter into a grant agreement with Economic Community development Institute, or its designee, to provide economic development assistance to assist in the administration of the ECDI International Village Pilot Program. Section 1. That the Director of Economic Development is authorized to enter into a grant agreement with Economic Community Development Institute, or its designee, to provide economic development assistance to assist in the administration of the ECDI International Village Pilot Program. Section 2. That the agreement other appropriate documents needed to complete the transaction authorized by this legislation shall be prepared by the Director of Law. Section 3. That the contract authorized in this legislation will require the recipient of financial assistance to work with, /or cause their Tenants to work with, The Workforce Investment Board for Workforce Area No. 3 to identify solicit qualified cidates for job opportunities related to the City s contracts, place special emphasis on the hard to employ, including but not limited to the disabled persons who have been convicted of or have pled guilty to a criminal offense, unless the criminal conviction or circumstances relate to the duties for the particular job sought. Section 4. That the costs of the grant shall not exceed an amount of $200,000 shall be paid from Fund No. 17 SF 652, RQS 9501, RL Section 5. That this ordinance is, provided it receives the

12 12 The City Record July 25, 2018 Referred to Directors of Economic Development, Finance, Law; Committees on Development Planning Sustainability, Finance. Ord. No By Council Members McCormack, Brancatelli Kelley (by departmental request). the Director of Economic Development to enter into a Tax Increment Financing Agreement with Alto JHB Acquisition, LLC, /or its designee, to support debt service related to the Euclid Gr Redevelopment Project assist with the redevelopment of market rate apartments, commercial space, parking for residents; to provide for payments to the Clevel City School District; to declare certain improvements to real property to be a public purpose. Whereas, under Section of the Revised Code, improvements to real property may be declared to be a public purpose where fee title to the real property was, at one time, held by the City of Clevel the real property is then leased or conveyed by the City; Whereas, the City has entered into the chain of title for the Property which is more particularly described in the File set forth in this ordinance (the Real Property ) pursuant to the requirements of Section of the Revised Code prior to the passage of this ordinance; Whereas, the Real Property is to be developed in accordance with the Nine Twelve District Plan, a copy of which is placed in File No A; Whereas, under Section of the Revised Code, the improvements declared to be a public purpose may be exempt from real property taxation; Whereas, under Section of the Revised Code, the owners of the improvements may be required to make annual service payments in lieu of taxes that would have been paid had the improvement not been exempt; Whereas, under Section of the Revised Code, the exemption may exceed 75% of the improvements for up to 30 years when a portion of the service payments so collected are distributed to the Clevel City School District ( District ) in an amount equal to the amount the District would have received had the improvement not been exempt; Whereas, the District has been notified of the intent to enter into the agreement authorized by this ordinance in compliance with Sections (C)(4) of the Revised Code; Section 1. That the improvements to be constructed by Alto JHB Acquisition, LLC /or its designee, ( Redeveloper ), are declared to be a public purpose for purposes of Section of the Revised Code. The Real Property is more fully described as follows: EXHIBIT A PARCEL NO. 1 PPN : Situated in the City of Clevel, County of Cuyahoga, State of Ohio known as being part of Original Two Acre Lots Nos , bounded described as follows: Beginning on the Northerly line of Euclid Avenue, 99 feet wide, at a point distant feet Easterly, measured along said Northerly line of Euclid Avenue from its intersection with the Northeasterly line of East 9th Street (formerly Erie Street), 99 feet wide, said place of beginning being also the Southwesterly corner of l conveyed to Lucretia J. Prentiss Ellen A. Cox, by deed dated January 25, 1901, recorded in Volume 771, Page 594 of Cuyahoga County Records; Thence Easterly along the Northerly line of Euclid Avenue, feet to the Southwesterly corner of l conveyed to the Loomis Company, by deed dated December 31, 1912, recorded in Volume 1437, Page 507 of Cuyahoga County Records; Thence Northerly along the Westerly line of l so conveyed to the Loomis Company, which is also along the center line of a party wall created between the Loomis Company the Euclid Company by Agreement recorded in Volume 1453, Page 122 of Cuyahoga County Records, along the Northerly prolongation thereof, feet to the Northwesterly line of said Original Lot No. 156; Thence Southwesterly along the Northwesterly line of said Original Lots Nos , feet to the Northwesterly corner of l conveyed to Lucretia J. Prentiss Ellen A. Cox, as aforesaid; Thence Southerly along the Westerly line of l so conveyed, feet to the place of beginning, according to a survey dated March 13, 1950 updated on November 24, 1971 made by Edward C. O Rourke Registered Surveyor, be the same more or less, but subject to all legal highways. PARCEL NO. 2 PPN : Situated in the City of Clevel, County of Cuyahoga, State of Ohio known as being part of Sublot No. 62 in J.M. Woolsey s Allotment of part of Original Two Acre Lot Nos. 156 to 162, both inclusive, all of Original Two Acre Lot Nos. 163 to 167, both inclusive, as shown by the recorded plat in Volume N of Deeds, Page 486 of Cuyahoga County Records, bounded described as follows: Beginning on the Northerly line of Euclid Avenue, 99 feet in width, at the Southwesterly corner of Sublot No. 62 in said J.M. Woolsey s Allotment from which point a PK nail was set 1.00 foot Southerly; Course No. 1: Thence North 10 35' 53" West along the Westerly line of Sublot No. 62 in said J.M. Woolsey s Allotment, feet to a PK nail set in the Southeasterly line of Hickory Court NE, feet in width, being also the Westerly terminus thereof; Course No. 2: Thence North 55 49' 01" East along said Southeasterly line of 1210 Hickory Court NE, feet to the Northwesterly corner of Parcel 1A of l conveyed to Statler Arms, Inc., by deed dated December 27, 1996 recorded in Volume , Page 4 of Cuyahoga County Records, from which point a PK nail was set 1.00 feet Northerly; Course No. 3: Thence South 10 35' 53" East along the Westerly line of said Parcel 1A of l so conveyed to Statler Arms, Inc. along the Westerly line of l conveyed to Trebmal Construction, Inc., by deed dated October 5, 1983 recorded in Volume , Page 17 of Cuyahoga County Records, feet to a point in the aforementioned Northerly line of Euclid Avenue, from which point a drill hole cross was set 1.00 foot Southerly; Course No. 4: Thence South 79 35' 28" West along said Northerly line of Euclid Avenue, feet to the place of beginning, containing 12,984 square feet of l, according to a survey by Garrett & Associates, Inc., Registered Engineers Surveyors, made in July, 2000, be the same more or less, but subject to all legal highways. The bearings used herein are based on an assumed meridian are used only to denote angles. PARCEL NO. 3 PPN : Situated in the City of Clevel, County of Cuyahoga, State of Ohio known as being a part of Sublot No. 62 in John M. Woolsey s Subdivision of part of Original Two Acre Lots Nos. 156 to 162 all of Original Two Acre Lots Nos. 163 to 167 both inclusive, as shown by the recorded plat in Volume N of Deeds, Page 486 of Cuyahoga County Records, forming a parcel of l bounded described as follows: Beginning on the Northerly line of Euclid Avenue, 99 feet in width, at the Southeasterly corner of l conveyed to Robert M. Levin, Trustee, others by deed dated February 19, 1981 recorded in Volume 15429, Page 403 of Cuyahoga County Records, being also the Southeasterly corner of l of George W. Gardner others, as described in a boundary line agreement dated February 10, 1900 recorded in Volume 753, Page 384 of Cuyahoga County Records; Course No. 1: Thence North 10 36' 09" West along the Easterly line of l so conveyed to Robert M. Levin, Trustee, others, also the Easterly line of l of George W. Gardner, others, feet to its intersection with a line drawn parallel with distant feet Northerly by rectangular measurement from the Northerly line of said Euclid Avenue; Course No. 2: Thence North 79 35' 51" East along said parallel line feet to a point; Course No. 3: Thence South 10 35' 39" East, feet to a point in the Northerly line of aforementioned Euclid Avenue;

13 July 25, 2018 The City Record 13 Course No. 4: Thence South 79 35' 51" West along the Northerly line of said Euclid Avenue, feet to the place of beginning, containing 6,278 square feet of l ( acres) according to a survey by Garrett Associates, Inc., Registered Engineers Surveyors, made in September, 1983, be the same more or less, but subject to all legal highways. Section 2. That one hundred percent (100%) of the Improvements are declared exempt from real property taxation for a period of thirty years, effective commencing the first year the value of the improvements are reflected on the tax duplicate; that in no event shall the exemption period extend beyond The terms of the agreement are as follows: DEPARTMENT OF ECONOMIC DEVELOPMENT SUMMARY FOR THE LEGISLATIVE FILE Project Name: Euclid Gr Redevelopment Project Address: Euclid Avenue, Clevel, OH Developer: Alto JHB Acquisition, LLC or Designee Project Manager: Cassie Slansky Ward/Councilperson: 3-Kerry McCormack City Assistance: Non-School TIF Project Summary Discussion Alto JHB Acquisition, LLC or designee, ( Developer ) is proposing a mixed use redevelopment located at Euclid Avenue, Clevel, OH ( Project Site ). In order to assist with the project financing, the Developer has requested the City impose a , 30-Year, Non-School TIF. The TIF will support debt service related to the project assist with the redevelopment of approximately 228 market rate apartments, over 18,700 square feet of commercial space, parking for residents. The project will create /or cause to create 30 new full-time jobs at the Project Site with an approximate payroll of $807,000. Alto JHB Acquisition, LLC is an entity of Alto Partners. Alto Partners is a global real estate development company has completed five projects in the U.S. totaling $200 million. As the CEO of U.S. Operations of Alto Partners, Michael Sabracos has extensive business real estate development experience. He has managed the acquisition, redevelopment, management, sales of over 20 million square feet of real estate. Alto Partners newest project is the John Hartness Brown (JHB) Building, which they purchased in August of The JHB Building was constructed between , sat vacant for over a decade. Alto JHB Acquisition, LLC plans to redevelop the vacant property into the Euclid Gr, rebring the property. The additional housing with this project will provide a much needed supply to an area that is in high dem for people to live downtownwhere occupancy is nearly 94.5 percent. The total project investment is expected to exceed $78 million. Proposed City Assistance This ordinance will authorize the Director of Economic Development to enter into a 30-year nonschool Tax Increment Finance (TIF) agreement with Alto JHB Acquisition, LLC /or its designee. The City will have declared certain improvements with respect to the project to be a public purpose exempt 100% of the improvements from real property taxes. The Developer agrees to make certain improvements to the parcel make payments in lieu of taxes (PILOTs) equal to the taxes that would have been paid for the parcel but for the TIF. A portion of the PILOTs will be paid to the Clevel Metropolitan School District in the amount the District would have otherwise received but for the TIF by the County ( District Payments ). The balance of the PILOTS will be utilized to fund eligible project costs project debt. The developer will be responsible for any shortfall of PILOT payments for project costs. The TIF will be immediately effective on the residential new parking garage after the expiration of the 15-year tax abatement for new residential construction. Economic Impact Creation of 30 jobs in the City of Clevel Project estimates $20,175 in new annual City tax revenue generated from residents new employees The project will generate $256,500 annual residency taxes once stabilized, the project is expected to generate $339,593 in annual property taxes for the School District upon expiration of the residential tax abatement City Requirements Subject to Chapter 187: MBE/FBE/CSB requirements Subject to Chapter 188: Fannie Lewis Clevel Residential Employment Law Subject to a Workforce Development Agreement for all new jobs Subject to a Community Benefits Agreement Section 3. That, under Section of the Revised Code, Redeveloper, or the owners of the Improvements, shall make service payments for a period of thirty years in lieu of the exempt taxes to the Cuyahoga County Treasurer; the payments shall be charged collected in the same manner, shall be in an amount not less than the taxes that would have been paid had the Improvements not been exempt from taxation. Section 4. That a portion of the service payments collected under this ordinance shall be distributed by the Cuyahoga County Treasurer to the Treasurer of the District in the amount of the taxes that would have been payable to the District had the Improvement not been exempt from taxation. Section 5. That the Director of Economic Development is authorized to enter into an agreement or agreements with Redeveloper to provide for the exemption service 1211 payments described in this ordinance, including agreements securing the payments described in this ordinance, which agreement or agreements shall contain those terms contained in this ordinance. Section 6. That under Section of the Revised Code, there is established an identified Urban Redevelopment Tax Increment Equivalent Fund into which shall be deposited service Payments in Lieu of Taxes ( PILOTS ) which shall be used for the purposes described in this ordinance, or File, or for other economic development purposes as determined by the Director of Economic Development. Section 7. That it is found determined that all formal actions of this Council concerning relating to the passage of this ordinance were adopted in open meetings of this Council, any of its committees that resulted in formal action were in meetings open to the public in compliance with the law. Section 8. That this ordinance is, provided it receives the Referred to Directors of Economic Development, City Planning Commission, Finance, Law; Committees on Development Planning Sustainability, Finance. Ord. No By Council Members Zone Kelley (by departmental request). An emergency ordinance to amend Sections of the Codified Ordinances of Clevel, Ohio, 1976, as amended by Ordinance No , passed April 8, 1991; to supplement the codified ordinances by enacting new Section relating to registration of alarm system users fees. Section 1. That Section of the Codified Ordinances of Clevel, Ohio, 1976, as amended by Ordinance No , passed April 8, 1991, is amended to read as follows: Section Annual Report The Director of Public Safety shall file a report with the Clerk of Council by the 30th 15th of September February each year, containing the number of unnecessary fire alarms that occurred the amount of monies that were reimbursed to the City pursuant to Section in the twelve (12) month period commencing September 1 of the calendar year prior to the report in the previous calendar year. Section 2. That existing Section of the Codified Ordinances of Clevel, Ohio, 1976, as amended by Ordinance No , passed April 8, 1991, are repealed. Section 3. That the Codified Ordinances of Clevel, Ohio, 1976, are supplemented by enacting new Section to read as follows:

14 14 The City Record July 25, 2018 Section Registration of Alarm System Users; Fee (a) Each owner or leaseholder of a property or properties served by an alarm system user shall register with the Commissioner of Assessments Licenses using forms designated by the Commissioner for this purpose, shall provide the name of the owner or leaseholder, the location of the premises on which the alarm system is in operation, other information as the Commissioner shall require. (b) Each owner or leaseholder of a property or properties served by an alarm system on whose premises an alarm system is in operation on the effective date of this section shall initially register within ninety (90) days of the effective date of the section. Each owner or leaseholder on whose premises an alarm system is placed in operation after the effective date of this section shall initially register not later than the date on which the system is placed in operation. (c) After the initial registration required by division (b) of this section, such registrations shall be issued as of January 1, shall expire on December 31, next succeeding. Each registered owner or leaseholder shall re-register each year before January 1. The period from July 1, 2018 through December 31, 2018 shall apply to the 2019 calendar year registration. (d) Each owner or leaseholder shall pay a fee of twenty-five dollars ($25.00) for each registration or re- registration required by this section. (e) No person shall fail to register or re-register as required by this section. (f) The registration or re-registration fee in division (d) above shall be waived for any calendar year in which an owner or leaseholder has paid either the fire alarm permit fee required by Section or the police alarm registration or re-registration fee required by Section 670A.03. Section 4. That this ordinance is, provided it receives the Referred to Directors of Public Safety, Finance, Law; Committees on Safety, Finance. Ord. No By Council Members Zone Kelley (by departmental request). An emergency ordinance to amend Sections 670A A.03 of the Codified Ordinances of Clevel, Ohio, 1976, as amended various ordinances, relating to registration of police alarm system users. Section 1. That Sections 670A A.03 of the Codified Ordinances of Clevel, Ohio, 1976, as amended by Ordinance No , passed January 7, 1991, Ordinance No , passed March 28, 2011, are amended to read as follows: Section 670A.01 Definitions As used in this chapter, the following words phrases shall have the following meanings: (a) Alarm system means any device, which is designed or used for the detection of burglary or attempted burglary, or for alerting others of the commission of a robbery or attempted robbery within a building, structure or facility, or both, which emits a sound or transmits a signal or message when activated for the purpose of deterring the intruder, or notifying another person of any of the above, includes systems that transmit the signal or message directly to the Division of Police. Alarm system does not include any such device used exclusively to protect a residential premises. Alarm system does not include alarms on motor vehicles. (b) Alarm system user means the person who occupies a owns, has control of, or the right to possession of the premises on which an alarm system is operated, or if no person occupies the premises, the person having the right to possession of the premises on which the alarm system is operated. (c) Division of Police means the Division of Police in the Department of Public Safety of the City of Clevel. (d) Chief of Police means the Chief of the Division of Police of the City of Clevel. (e) Person means an individual, firm, partnership, association, corporation, company or business of any kind. (f) Unnecessary alarm means the activation of an alarm system whereby the Division of Police is summoned to a location when there is no incident occurring nor is there any evidence of any incident having occurred or having been attempted, as reported by the alarm. Unnecessary alarm shall also mean any violation of Section 670A.04. Unnecessary alarm shall not include alarms obviously attributable to extreme weather conditions, or power outages, the burden of proof of such exceptions to this section being on the alarm system user. Section 670A.03 Registration of Alarm System Users; Fee (a) Each alarm system user shall register with the Commissioner of Assessments Licenses using forms designated by the Commissioner for this purpose, shall provide the name of the user, the location of the premises on which the alarm system is in operation, other information as the Commissioner shall require. (b) Each alarm system user on whose premises an alarm system is in operation on the effective date of this section shall initially register within ninety (90) days of the effective date of the section. Each alarm system user on whose premises an alarm system is placed in operation after the effective date of this section shall initially register not later than the date on which the system is placed in operation (c) After the initial registration required by division (b) of this section, each alarm system user shall re-register between June 1 June 30, inclusive, of each calendar year after the calendar year in which the initial registration is made such registrations shall be issued as of January 1, shall expire on December 31, next succeeding. Each registered alarm system user shall re-register each year before January 1. The period from July 1, 2018 through December 31, 2018 shall apply to the 2019 calendar year registration. (d) Each alarm system user shall pay a fee of twenty-five dollars ($25.00) for each registration or reregistration required by this section. (e) No person alarm system user shall fail to register or re-register as an alarm system user as required by this section. Section 2. That existing Sections A.03 of the Codified Ordinances of Clevel, Ohio, 1976, as amended by Ordinance No , passed January 7, 1991, Ordinance No , passed March 28, 2011, are repealed. Section 3. That this ordinance is, provided it receives the Referred to Directors of Public Safety, Finance, Law; Committees on Safety, Finance. Ord. No By Council Member Kelley (by departmental request). the Director of Finance, or other appropriate Director to apply for accept two grants from the Clevel Foundation for the Clevel Foundation Public Service Fellow program. Section 1. That the Director of Finance, or other appropriate Director, is authorized to apply for accept two $50,000 grants from the Clevel Foundation to conduct the Clevel Foundation Public Service Fellow program for the purpose of hiring two full-time paid Fellows to be placed in the Mayor s Office of Communications the Mayor s Office of Sustainability. That the appropriate director is authorized to file all papers execute all documents necessary to receive the funds under the grant; that the funds are appropriated for the purposes described in the summary for the grant contained in the file described below. Section 2. That the summary for the grant, File No A, made a part of this ordinance as if fully rewritten, is approved in all respects shall not be changed without additional legislative authority. Section 3. That this ordinance is, provided it receives the

15 July 25, 2018 The City Record 15 Referred to Directors of Finance, Law; Committee on Finance. Ord. No By Council Member Kelley (by departmental request). the Director of Finance, on behalf of the Clevel Municipal Court, to apply for accept a grant from the Supreme Court of Ohio for the Probation Technology Grant Program to enter into contract with cfive Solutions, Inc. to implement the grant. Section 1. That the Director of Finance, on behalf of the Clevel Municipal Court, is authorized to apply for accept a grant in the approximate amount of $29,400, any other funds that may become available during the grant term from the Supreme Court of Ohio to conduct the Probation Technology Grant Program; that the Director is authorized to file all papers execute all documents necessary to receive the funds under the grant; that the funds are appropriated for the purposes described in the legislative summary for the grant in the file described below. Section 2. That the legislative summary for the grant, File No A, made a part of this ordinance as if fully rewritten, is approved in all respects shall not be changed without additional legislative authority. Section 3. That the Director of Finance, on behalf of the Clevel Municipal Court, is authorized to enter into one or more contracts with cfive Solutions, Inc. to implement the grant as described in the file. Section 4. That the costs of the contract or contracts authorized by this ordinance shall be paid from the fund or funds to which are credited the grant proceeds accepted under this ordinance. Section 5. That this ordinance is, provided it receives the Referred to Directors of Finance, Law; Committee on Finance. Ord. No By Council Members Clevel, Johnson, Brancatelli Kelley (by departmental request). An emergency ordinance to vacate a portion of Gr Avenue S.E., East 64th Place East 65th Street. Whereas, under Resolution No , adopted October 16, 2017, this Council declared its intention to vacate a portion of Gr Avenue S.E., East 64th Place East 65th Street; Whereas, notice of the adoption of the above vacation was served on the abutting property owners affected by the resolution which stated a time place when objections would be heard before the Board of Revision of Assessments; Whereas, on May 2, 2018, the Board of Revision of Assessments approved the above vacation under the provisions of Section 176 of the Charter of the City of Clevel; Whereas, this Council is satisfied that there is good cause for vacating a portion of the above that it will not be detrimental to the general interest that it should be made; Section 1. That this Council declares that the following described real property is vacated: Vacation of a Portion of East 64th Place (30 feet wide) Situated in the City of Clevel, County of Cuyahoga, State of Ohio known as being a part of Original 100 Acre Lot No Commencing at the intersection of the northeasterly right of way of Kinsman Road (width varies) the northwesterly right of way of Gr Avenue; Thence, along the northwesterly right of way of Gr Avenue, North 35 10' 58" East, feet to the westerly right of way of East 64th Place the True Point of Beginning for the Vacation herein described; Thence, along the westerly right of way of East 64th Place, North 35 10' 58" East, feet; Thence, continuing along the westerly right of way of East 64th Place, North 00 25' 27" West, feet to the northerly line of Felix Nicola W.E. Judson s Re-subdivision of a part of Original 100 Acre Lot No. 328 as recorded in Volume 13, Page 9 of the Cuyahoga County Map Records; Thence, leaving the westerly right of way of East 64th Place, along the northerly line of Felix Nicola W.E. Judson s Re-subdivision, North 89 30' 13" East, feet to the easterly right of way of East 64th Place; Thence, leaving the northerly line of Felix Nicola W.E. Judson s Re-subdivision, along the easterly right of way of East 64th Place, South 00 25' 27" East, feet; Thence, continuing along the easterly right of way of East 64th Place, South 35 10' 58" West, feet to the northerly right of way of Gr Avenue; Thence, leaving the easterly right of way of East 64th Place, along the westerly extension of the northerly right of way of Gr Avenue, South 88 40' 22" West, feet to the point of beginning. Containing within said bounds acre of l (14,595 square feet) as surveyed by KS Associates, Inc. under the supervision of Trevor 1213 A. Bixler, Professional Surveyor, No in September Bearings are based on Ohio State Plane, North Zone NAD83(2011) Grid North. Vacation of a Portion of East 65th Street (30 feet wide) Situated in the City of Clevel, County of Cuyahoga, State of Ohio known as being a part of Original 100 Acre Lot No Beginning at the intersection of the northerly right of way of Gr Avenue (60 feet wide) the westerly right of way of East 65th Street; Thence, along the westerly right of way of East 65th Street, North 18 15' 42" West, feet to the southerly right of way of Bushnell Avenue (width varies); Thence, leaving the westerly right of way of East 65th Street, along the southerly right of way of Bushnell Avenue, North 88 20' 08" East, feet to the easterly right of way of East 65th Street; Thence, leaving the southerly right of way of Bushnell Avenue, along the easterly right of way of East 65th Street, South 18 15' 42" East, feet to the northerly right of way of Gr Avenue; Thence, leaving the easterly right of way of East 65th Street, along the northerly right of way of Gr Avenue, South 69 49' 02" West, feet; Thence, continuing along the northerly right of way of Gr Avenue, South 88 40' 22" West, feet to the point of beginning; Containing within said bounds acre of l (13,076 square feet) as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No in September Bearings are based on Ohio State Plane, North Zone NAD83(2011) Grid North. Vacation of a Portion of Gr Avenue (60 feet wide) Situated in the City of Clevel, County of Cuyahoga, State of Ohio known as being a part of Original 100 Acre Lot Nos Beginning at the intersection of the northeasterly right of way of Kinsman Road (width varies) the northwesterly right of way of Gr Avenue; Thence, along the northwesterly right of way of Gr Avenue, North 35 10' 58" East, feet to a point in the westerly extension of the northerly right of way of Gr Avenue; Thence, along said westerly extension the northerly right of way of Gr Avenue, North 88 40' 22" East, feet; Thence, continuing along the northerly right of way of Gr Avenue, North 69 49' 02" East, feet to the westerly line of l conveyed to Norfolk Southern Railway (Norfolk Western Railway) as recorded in Deed Volume 11345, Page 267 of the Cuyahoga County Records; Thence, along Norfolk Southern s westerly line, South 00 46' 50" East, feet to the southerly right of way of Gr Avenue; Thence, along the southerly right of way of Gr Avenue, South 69 49' 02" West, feet; Thence, continuing along the southerly right of way of Gr

16 16 The City Record July 25, 2018 Avenue, South 88 40' 22" West, feet to the southeasterly right of way of Gr Avenue; Thence, along the southeasterly right of way of Gr Avenue, South 35 10' 58" West, feet to the northeasterly right of way of Kinsman Road; Thence, along the northeasterly right of way of Kinsman Road, North 54 44' 02" West, feet to the point of beginning. Containing within said bounds acres of l (49,974 square feet) as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No in September Bearings are based on Ohio State Plane, North Zone NAD83 (2011) Grid North. Legal Description approved by Greg Esber, Section Chief, Plats, Surveys House Numbering Section. Section 2. That there is reserved a permanent easement as required by law to any public utility with a current use or occupation within the above described vacated portion of the street, highway or road. That no structures shall be erected on the above described vacated area except those in compliance with federal, state local law under the approval of plans by those deemed to have an easement by right of law the City of Clevel. Section 3. That provided all required approvals have been obtained, the Manager of Engineering Construction is directed to record the vacation plat in the office of the Recorder of Cuyahoga County. Section 4. That the Clerk of Council is directed to transmit a copy of this ordinance to the Fiscal Officer of Cuyahoga County. Section 5. That this ordinance is, provided it receives the Referred to Directors of Capital Projects, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability, Finance. Ord. No By Council Members McCormack, Johnson, Brancatelli Kelley (by departmental request). An emergency ordinance to vacate a portion of Washington Avenue. Whereas, under Resolution No , adopted October 16, 2017, this Council declared its intention to vacate a portion of Washington Avenue; Whereas, notice of the adoption of the above vacation was served on the abutting property owners affected by the resolution which stated a time place when objections would be heard before the Board of Revision of Assessments; Whereas, on May 2, 2018, the Board of Revision of Assessments approved the above vacation under the provisions of Section 176 of the Charter of the City of Clevel; Whereas, this Council is satisfied that there is good cause for vacating a portion of the above that it will not be detrimental to the general interest that it should be made; Section 1. That this Council declares that the following described real property is vacated: Situated in the City of Clevel, County of Cuyahoga State of Ohio, known as being part of lot 70, Original Brooklyn Township 7 north, 13 west of the Connecticut Western Reserve; Beginning at the 1 inch iron pin found at the intersection of Washington Avenue (66 feet wide) West 24th Street (33 feet wide); Thence north 54 51' 50" east, along the centerline of said Washington Avenue, feet to a point; Thence south 35 08' 10" east, feet to the southerly line of said Washington Avenue the principal place of beginning; Course 1: thence feet, along an arc of a curve deflecting to the left, having a radius of feet, a central angle of 36 28' 57" a feet chord that bears north 36 37' 21" east to a point of tangency; Course 2: thence south 55 11' 40" east, along the southerly line of l conveyed to Stonebridge Viaduct, LLC, AFN , permanent parcel number ,32.82 feet to a point; Course 3: thence south 54 51' 50" west, along the northerly line of l conveyed to Stonebridge Viaduct, LLC permanent parcel number s , , AFN , feet to the principal place of beginning. Subject to all legal highways easements of record containing acres of l as calculated described based a field survey performed in July, 2017 by Richard A. Thompson Jr, Ohio registered professional l surveyor #7388 of Polaris engineering surveying. Bearings refer to the Ohio coordinate system of 1983 north zone 1986 adjustment. All iron pins set are 5/8 inch diameter by 30 inch long rebar with identification caps stamped Polaris s Legal Description approved by Greg Esber, Section Chief, Plats, Surveys House Numbering Section. Section 2. That there is reserved a permanent easement as required by law to any public utility with a current use or occupation within the above described vacated portion of the street, highway or road. That no structures shall be erected on the above described vacated area except those in compliance with federal, state local law under the approval of plans by those deemed to have an easement by right of law the City of Clevel. Section 3. That provided all required approvals have been obtained, the Manager of Engineering Construction is directed to record the vacation plat in the office of the Recorder of Cuyahoga County. Section 4. That the Clerk of Council is directed to transmit a copy of this ordinance to the Fiscal Officer of Cuyahoga County. Section 5. That this ordinance is, provided it receives the Referred to Directors of Capital Projects, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability, Finance. Ord. No By Council Member Kelley (by departmental request). An emergency ordinance approving the collective bargaining agreement with the Electrical Workers, AFL-CIO, Local 39; to amend Section 25 of Ordinance No , passed March 30, 2015, as amended by Ordinance No , passed October 5, 2015, relating to compensation for various classifications. a municipal department; now, therefore, Section 1. That under division (B) of Section of the Revised Code, subject to the conciliation/arbitration award, this Council approves the collective bargaining agreement with the Electrical Workers, AFL-CIO, Local 39, under the terms contained in File No A, for the period from April 1, 2016 through March 31, 2019, which provides, among other things, for an increase in the salaries wages for members of the bargaining unit under the following schedule: Increase Approximate Date of Increase 0% April 1, % April 1, % April 1,

17 July 25, 2018 The City Record 17 Section 2. That Section 25 of Ordinance No , passed March 30, 2015, as amended by Ordinance No , passed October 5, 2015, is amended to read as follows: Section 25. International Brotherhood of Electrical Workers, AFL-CIO, Local 39. That the salaries the compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification: Minimum Maximum 1 Apprentice Cable Splicer... $25.01 $ Apprentice Lineman Cable Foreman Cable Splicer I Cable Splicer Apprentice Cable Splicer Apprentice Cable Splicer Apprentice Cable Splicer Apprentice Cable Splicer Helper Cable Splicer Helper Start Cable Splicer Helper Dispatcher Electric System Operator Electric Meter Industrial Installer Electric Meter Industrial Installer Leader Electric Meter Instructor Instrument Specialist General Tester Electric Meter Service Foremen Electric Meter Service Installer I Electric Meter Service Installer II Electric Meterman Apprentice Electric Transmission Distribution Inspector Foreman Low Tension Gas Turbine Mechanic Gas Turbine Mechanic Apprentice Intern Apprentice Junior Electric Switchboard Operator Leader Lineman Low-Tension Line Clearance Man Line Foreman Line Helper Driver Line Helper Trouble Line Switchman Lineman Lineman Apprentice Lineman Apprentice Lineman Apprentice Lineman Apprentice Lineman Leader Low Tension Leader Lineman Low Tension Line Foreman Low Tension Lineman Low Tension Lineman Apprentice Low Tension Lineman Apprentice Low Tension Lineman Apprentice Low Tension Lineman Apprentice Low Tension Lineman Leader Low Tension Trouble Lineman

18 18 The City Record July 25, Meterman Apprentice Meterman Apprentice Meterman Apprentice Meterman Apprentice Senior Cable Splicer Senior Electric Switchboard Operator Senior Lineman Switchboard Operator Repair Foreman Telecommunications Technician Traffic Signal Control Technician Traffic Signal Control Technician Traffic Signal Control Technician Transformer Repairman Foreman Transformer/Gas Turbine Repair Foreman Transformer/Gas Turbine Repairman Transformer/Gas Turbine Repairman Apprentice Transformer/Gas Turbine Repairman Apprentice Transformer/Gas Turbine Repairman Apprentice Transformer/gas Turbine Repairman Apprentice Trouble Lineman Trouble Lineman Foreman Underground Conduit Foreman Section 3. That existing Section 25 of Ordinance No , passed March 30, 2015, as amended by Ordinance No , passed October 5, 2015, is repealed. Section 4. That this ordinance is, provided it receives the affirmative vote of two-thirds of all immediately upon its passage from after the earliest period Referred to Directors of Human Resources, Finance, Law; Committee on Finance. Ord. No By Council Member Kelley (by departmental request). An emergency ordinance approving the collective bargaining agreement with the Ohio Nurses Association, Local 85; to amend Section 24 of Ordinance No , passed March 30, 2015, as amended by Ordinance No , passed May 4, 2015, relating to compensation for various classifications. a municipal department; now, therefore, Section 1. That under division (B) of Section of the Revised Code, this Council approves the collective bargaining agreement with the Ohio Nurses Association, Local 85, under the terms contained in File No A, for the period from April 1, 2016 through March 31, 2019, which provides, among other things, for an increase in the salaries wages for members of the bargaining unit under the following schedule: Increase Approximate Date of Increase 0% April 1, % April 1, % April 1, 2018 Section 2. That Section 24 of Ordinance No , passed March 30, 2015, as amended by Ordinance No , passed May 4, 2015, is amended to read as follows: Section 24. Ohio Nurses Association, Local 85. That salaries compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification: Minimum Maximum 1. Public Health Nurse I... $23, $49, $49, $51, Public Health Nurse II... 35, , , , Public Health Nurse III... 39, , , , Section 3. That existing Section 56 of Ordinance No , passed March 30, 2015, as amended by Ordinance No , passed May 4, 2015, is repealed. Section 4. That this ordinance is, provided it receives the affirmative vote of two-thirds of all immediately upon its passage from after the earliest period Referred to Directors of Human Resources, Finance, Law; Committee on Finance. 1216

19 July 25, 2018 The City Record 19 Ord. No By Council Members Clevel Kelley (by departmental request). An emergency ordinance to amend Section 1 of Ordinance No , passed October 9, 2017, relating to exercising options to renew contracts for services materials necessary to maintain repair vehicles, trucks, various types of equipment. Section 1. That Section 1 of Ordinance No , passed October 9, 2017, is amended to read as follows: Section 1. That the Director of Port Control is authorized to exercise the first option to renew Contract Nos. RC with Concord Road Equipment Mfg Inc., RC with Jack Doheny Companies Inc., RC with Medina Tractor Sales Company, RC with Lakefront Automotive Parks, Inc., RC with Murphy Tractor & Equipment Co Inc., RC with United Rotary Brush Corporation, RC with Best Equipment Company Incorporated, RC RC with M-B Companies Inc. in the total approximate amount of $1,400,000 for the requirements for services materials necessary to maintain repair vehicles, trucks, various types of equipment, including labor installation, for the Department of Port Control. That this ordinance constitutes the additional legislative authority required by Ordinance No to exercise these options. Section 2. That existing Section 1 of Ordinance No , passed October 9, 2017, is repealed. Section 3. That this ordinance is, provided it receives the Referred to Directors of Port Control, Finance, Law; Committees on Transportation, Finance. Ord. No By Council Members Clevel Kelley (by departmental request). the Director of Port Control to exercise the third option to renew Contract No. PS with the United Services Organization, Inc. to provide for the operation of a US military traveler support lounge at Clevel Hopkins International Airport, Department of Port Control. Whereas, under the authority of Ordinance No , passed September 30, 2013, the Director of Port Control entered into Contract No. PS with the United Services Organization, Inc. to provide for the operation of a US military traveler support lounge at Clevel Hopkins International Airport, Department of Port Control; Whereas, Ordinance No requires further legislation before exercising the third option to renew on this contract; Section 1. That the Director of Port Control is authorized to exercise the third option to renew Contract No. PS for an additional year with the United Services Organization, Inc. at a rate of $1.00 per year, to provide for the operation of a US military traveler support lounge at Clevel Hopkins International Airport, Department of Port Control. This ordinance constitutes the additional legislative authority required by Ordinance No to exercise this option. Section 2. That this ordinance is, provided it receives the Referred to Directors of Port Control, Finance, Law; Committees on Transportation, Finance. Ord. No By Council Members Clevel Kelley (by departmental request). the Director of Port Control to exercise the first options to renew various contracts for the requirements of heavy-duty equipment, snow removal equipment, large capacity trucks, other equipment with operators, for the Department of Port Control. Whereas, under the authority of Ordinance No , passed July 22, 2015, as amended by Ordinance No , passed December 7, 2015, the Director of Port Control entered into Contract Nos. RC with Murphy Tractor & Equipment Co Inc., RC with Concord Road Equipment Mfg Inc., RC with Wausau Equipment Company Inc., RC with M-B Companies, Inc.; Whereas, Ordinance No , as amended by Ordinance No , requires further legislation before exercising the first option to renew on these contracts; Section 1. That the Director of Port Control is authorized to exercise the first option to renew Contract Nos. RC with Murphy Tractor & Equipment Co Inc., RC with Concord Road Equipment Mfg Inc., RC with Wausau Equipment Company Inc., RC with M-B Companies, Inc. in the total approximate amount of $1,571,250 for the requirements of heavy-duty equipment, snow removal equipment, large capacity trucks, other equipment with operators, for the Department of Port Control. This ordinance constitutes the additional legislative authority required by Ordinance No , as amended by Ordinance No , to exercise these options Section 2. That this ordinance is, provided it receives the Referred to Directors of Port Control, Finance, Law; Committees on Transportation, Finance. Ord. No By Council Members Clevel Kelley (by departmental request). the Director of Port Control to enter into a Lease Agreement with MarKenCami, LLC for the lease of office space at Burke Lakefront Airport for the operation of a software company, for a period of two years, with three one-year options to renew, the first of which is exercisable through additional legislative authority. Section 1. That the Director of Port Control is authorized to enter into a Lease Agreement ( Lease ) with MarKenCami ( Lessee ) for use occupancy of approximately 191 square feet of office space located in the Rooms at Burke Lakefront Airport ( Leased Premises ) for operation of a software company at the Leased Premises. The term of the Lease shall be for a two year period, with three one-year options to renew. The first one-year option to renew may not be exercised without additional legislative authority. If such additional legislative authority is granted the one-year option to renew is exercised, then the second third oneyear option to renew may be exercisable at the option of the Director of Port Control, without the necessity of obtaining additional authority of this Council. For use of the Leased Premises, Lessee shall pay the City the greater of the current fair market value as determined by an independent third-party appraisal or an annual rate of $6, for the initial term. For each option term exercised, the rental rate shall be adjusted based on the United States Department of Labor, Consumer Price Index: All Urban Consumers Clevel Akron, OH; however not lower than the rate during the initial term. Section 2. That the Lease authorized shall be prepared by the Director of Law. Section 3. That this ordinance is, provided it receives the Referred to Directors of Port Control, Finance, Law; Committees on Transportation, Finance.

20 20 The City Record July 25, 2018 Ord. No By Council Members Clevel Kelley (by departmental request). the Director of Port Control to enter into a Lease Agreement with Zone Aviation for the lease of office space at Burke Lakefront Airport for the operation of a flight training school, aircraft management, pilot support services, for a period of two years, with three oneyear options to renew, the first of which is exercisable through additional legislative authority. Section 1. That the Director of Port Control is authorized to enter into a Lease Agreement ( Lease ) with Zone Aviation ( Lessee ) for use occupancy of approximately 1,452 square feet of office space located in the Rooms at Burke Lakefront Airport ( Leased Premises ) for operation of flight training, aircraft management, pilot support services at the Leased Premises. The term of the Lease shall be for a two year period, with three one-year options to renew. The first one-year option to renew may not be exercised without additional legislative authority. If such additional legislative authority is granted the one-year option to renew is exercised, then the second third one-year option to renew may be exercisable at the option of the Director of Port Control, without the necessity of obtaining additional authority of this Council. For use of the Leased Premises, Lessee shall pay the City the greater of the current fair market value based on an independent third party appraisal or an annual rate of $23,380 for the initial term. For each option term exercised, the rental rate shall be adjusted based on the United States Department of Labor, Consumer Price Index: All Urban Consumers Clevel Akron, OH; however not lower than the rate during the initial term. Section 2. That the Lease authorized shall be prepared by the Director of Law. Section 3. That this ordinance is, provided it receives the Referred to Directors of Port Control, Finance, Law; Committees on Transportation, Finance. Ord. No By Council Members Clevel Kelley (by departmental request). An emergency ordinance determining the method of making the public improvement of designing constructing an updated Ground Transportation Center, which includes; but not limited to, a new canopy system at Clevel Hopkins International Airport; authorizing the Director of Port Control to enter into one or more contracts for the making of the improvement. Whereas, the unique design, time, budgetary, or other material elements of this project can benefit from the special care, coordination, expeditiousness possible by performance of both the professional design services the construction under a design-build approach contract with a single entity; Section 1. That, under Section 167 of the Charter of the City of Clevel, this Council determines to make the public improvement of designing constructing an updated Ground Transportation Center, which includes; but not limited to, a new canopy system at Clevel Hopkins International Airport (the Improvement ), for the Division of Clevel Hopkins International Airport, Department of Port Control, by one or more design-build or engineer-procure-construct contracts duly let to the person, firm, or corporation or combination of them submitting the best proposal, taking into consideration the engineering design, the construction method, the proposed design construction costs, the total lifecycle costs, the qualifications of the proposed design professional construction firm, the other objectives of the Improvement. The selection of the person, firm, or corporation to design construct the Improvement shall be made by the Board of Control on the nomination of the Director of Port Control from a list of qualified available persons, firms, or corporations, as may be determined by the Director of Port Control after making a full complete canvass for the purpose of compiling the list. The Board of Control shall fix the total compensation to be paid for all design construction procurement necessary for the Improvement. The contract or contracts shall be prepared by the Director of Law, approved by the Director of Port Control, certified by the Director of Finance. Section 2. That notwithsting as an exception to the provisions of Chapters of Codified Ordinances of the City of Clevel, the Director of Port Control is authorized to acquire any real estate interests needed for the Improvement execute all documents pay all fees necessary. Section 3. That the Director of Port Control is authorized to apply pay for permits, licenses, or other authorizations required by any regulatory agency or public authority to permit performance of the work authorized by this ordinance. Section 4. That the cost of the Improvement authorized shall be paid from Fund Nos. 60 SF 001, from the funds or funds which are credited the proceeds of the sale of bonds authorized by Ordinance No , passed May 21, 2018, if the City sells such bonds, any other 1218 funds deemed appropriated by the Director of Finance. Request No. RQS 3001, RLA Section 5. That this ordinance is, provided it receives the Referred to Directors of Port Control, City Planning Commission, Finance, Law; Committees on Transportation, Finance. Ord. No By Council Members Zone Kelley (by departmental request). the Director of Public Safety to lease certain space located on various floors of the current Clevel Police Division Headquarters at 1300 Ontario Street from Cuyahoga County, for a term up to one year beginning October 2, 2018, for the public purpose of conducting City business. Whereas, under Ordinance No , passed June 5, 2017, this Council authorized the sale of the City s Division of Police Headquarters located at 1300 Ontario Street ( current Police Headquarters ) to Cuyahoga County (the County ) as part of the City/County jail merger; Whereas, the City has identified a location for its new Police Headquarters located at 1801 Superior Avenue, with construction anticipated to be completed by March 31, 2019; Whereas, since renovations at the new Police Headquarters will not be completed when the title to the current Police Headquarters transfers to the County on October 2, 2018, the City needs to leaseback portions of the current Police Headquarters from the County to conduct City business; Section 1. That notwithsting as an exception to the provisions of Chapters of the Codified Ordinances of Clevel, Ohio, 1976, the Director of Public Safety is authorized to lease from Cuyahoga County, certain space more fully described as follows: All or a portion of floors 3, 5, 6, 7, 8, 9 of the current Police Headquarters, which shall reduce as the renovated areas within the new Police Headquarters are completed so that applicable portions of the leased floors are no longer needed by City to conduct City business. Section 2. That the term of the lease authorized by this ordinance shall begin on October 2, 2018 not exceed one year. Section 3. That the rent for the lease authorized by this ordinance shall not exceed $10.00 per square foot, with the total square footage rental amount not to exceed $151, per month; shall allow for up to 143 parking spaces at a cost not to exceed $ per space

21 July 25, 2018 The City Record 21 per month;, may include a proportional share of monthly recurring costs, such as routine property building maintenance, real estate taxes, insurance, snow removal, utilities, estimated to not exceed $72, per month, for a total maximum lease amount not to exceed $238, per month at maximum occupancy. Section 4. That the lease may authorize the City to make improvements to the leased premises under terms to be determined by the parties to be consistent with the public purpose or purposes of conducting City business. Section 5. That the costs of the lease shall be paid from funds approved by the Director of Finance. (RQS 0117, RLA ) Section 6. That the lease shall be prepared by the Director of Law shall contain any terms conditions as are required to protect the interests of the City. Section 7. That the Director of Public Safety, the Director of Law, other appropriate City officials are authorized to execute any other documents certificates, take any other actions which may be necessary or appropriate to effect the lease authorized by this ordinance. Section 8. That this ordinance is, provided it receives the Referred to Directors of Public Safety, City Planning Commission, Finance, Law; Committees on Safety, Finance. Ord. No By Council Members Keane Kelley (by departmental request). the Director of Public Utilities to enter into one or more contracts without competitive bidding with OPEX Corporation for the purchase of on-call maintenance services for mail extractors, scanners, ID assist towers annual license fees on covered equipment, for Utilities Fiscal Control, Department of Public Utilities, for a period of two years. Section 1. That this Council determines that the within commodities are non-competitive cannot be secured from any source other than OPEX Corporation. Therefore the Director of Public Utilities is authorized to make one or more written contracts with OPEX Corporation the basis of its proposal dated May 25, 2018 revised on June 8, 2018, for the purchase of on-call maintenance services for up to six (6) mail extractors, up to six (6) scanners, up to six (6) ID assist towers, to be purchased by the Commissioner of Purchases Supplies, for Utilities Fiscal Control, Department of Public Utilities, for a period of two years. The agreement will also include the city s obligation to pay any annual license fees for covered equipment. The contract or contracts authorized shall not exceed $123, shall be paid from Fund No. 50 SF 003, RQS 2005, RL Section 2. That this ordinance is, provided it receives the Referred to Directors of Public Utilities, Finance, Law; Committees on Utilities, Finance. Ord. No By Council Members Keane Kelley (by departmental request). An emergency ordinance determining the method of making the public improvement of renewing, repairing, replacing various water mains for work commencing in ; authorizing the Director of Public Utilities to enter into one or more public improvement contracts for the making of the improvement. Section 1. That, under Section 167 of the Charter of the City of Clevel, it is determined to make the public improvement of renewing, repairing, replacing various water mains for work commencing in , including but not limited to, cleaning, lining, structural lining, for the Division of Water, Department of Public Utilities, by one or more contracts duly let to the lowest responsible bidder or bidders after competitive bidding upon a unit basis for the improvement. Section 2. That the Director of Public Utilities is authorized to enter into one or more contracts for the making of the public improvement with the lowest responsible bidder or bidders after competitive bidding upon a unit basis for the improvement, provided, however, that each separate trade each distinct component part of the improvement may be treated as a separate improvement, each, or any combination, of the trades or components may be the subject of a separate contract upon a unit basis. Section 3. That the Director of Public Utilities is authorized to apply pay for permits, licenses, or other authorizations required by any regulatory agency or public authority to permit performance of the work authorized by this ordinance. Section 4. That the cost of the improvement other expenditures authorized shall be paid from Fund No. 52 SF 001 from the fund or funds to which are credited the sale from the proceeds of future bonds, if issued for this purpose. RQS 2002, RL Section 5. That this ordinance is, provided it receives the 1219 Referred to Directors of Public Utilities, City Planning Commission, Finance, Law; Committees on Utilities, Finance. Ord. No By Council Members Johnson, Brancatelli Kelley (by departmental request). the Commissioner of Purchases Supplies to transfer City-owned property to the West Creek Conservancy; authorizing the Directors of Capital Projects, Community Development, Public Works, as appropriate, to execute deeds of easement temporary deeds of easement granting to the West Creek Conservancy the Boys & Girls Clubs of Clevel certain easement rights in property, for the Morgana Bluffs Nature Preserve Learning Center; declaring the easement property rights no longer needed for the City s use. Whereas, the Directors of Capital Projects Community Development have requested the transfer of the City-owned properties under their control which are necessary to the West Creek Conservancy ( West Creek ) for the Morgana Bluffs Nature Preserve Learning Center Project (the Morgana Bluffs Project ); Whereas, the portion of Permanent Parcel No being transferred under this ordinance ( Acre) is under the control of the Director of Community Development is currently in the Residential L Bank Permanent Parcel Nos ( Acres) are under the control of the Department of Capital Projects; Whereas, the Morgana Bluffs Project is a collaborative effort between the City of Clevel, Slavic Village Development Corporation, West Creek Conservancy, the Clevel Metropolitan School District, the Boys & Girls Clubs of Clevel; Whereas, West Creek has requested the Directors of Public Works Capital Projects to convey certain temporary permanent easement rights in property located within Morgana Bluffs Project; Whereas, both the City-owned property the temporary permanent easements located within the Morgana Bluffs Project are not needed for the City s use; Section 1. That notwithsting as an exception to the provisions of Chapter of the Codified Ordinances of Clevel, Ohio, 1976, it is found determined that the following City-owned properties located within the Morgana Bluffs Project are no longer needed for the City s use are further described as follows:

22 22 The City Record July 25, 2018 Part of PPN Acre Situated in the City of Clevel, County of Cuyahoga State of Ohio, known as being part of Sublot No. 146 in Heisel, Hamm, Wagner Wagermann s Allotment of part of Original Newburgh Township Lot Nos. 316, as recorded in Volume 6, Page 3 of the Cuyahoga County Map Records, part of Sublot Nos. 40 through 44 inclusive in Sarah M. Richards Allotment of part of Original Newburgh Township Lot No. 321 as recorded in Volume 11, Page 48 of the Cuyahoga County Map Records, part of Morgana Avenue (60 feet wide) vacated by Ordinance part of Original Newburgh Township Lot No Also being part of the l conveyed to the City of Clevel as recorded in Volume 7297, Page 636 of the Cuyahoga County Records, being more definitely described as follows; Commencing at the intersection of the easterly line of Original Newburgh Township Lot No. 316 the westerly extension of the centerline of Linton Avenue (60 feet wide), said point being referenced by a drill hole in stone in a monument box found 0.29 feet West; Thence, along the easterly line of Original Newburgh Township Lot No. 316, North 01 14' 20" West, feet to the northeasterly corner thereof, being also the southeasterly corner of Original Newburgh Township Lot No. 320; Thence, along the easterly line of Original Newburgh Township Lot No. 320, North 01 14' 20" West, feet to an iron pin set in the centerline of vacated Morgan Avenue the True Point of Beginning for the parcel herein described; Thence, continuing along the easterly line of Original Newburgh Township Lot No. 320, North 01 14' 20" West, feet to an iron pin set at the southeasterly corner of said Sublot No. 146; Thence, along the southerly line of said Sublot No. 146, South 88 02' 11" West, feet to an iron pin set; Thence, leaving said southerly line, North 19 56' 08" West, feet to an iron pin set in the southerly line of l conveyed to City of Clevel as recorded in AFN of the Cuyahoga County Records; Thence, along City of Clevel s southerly line the following four courses; North 02 00' 28" West, 5.00 feet to an iron pin set; Thence, North 77 33' 59" East, feet to an iron pin set; Thence, North 01 14' 20" West, 9.99 feet to a KS ASSOC capped 5/8" iron pin found; Thence, along City of Clevel s southerly line, along the arc of a curve which deflects to the right, feet to the northwesterly corner of l conveyed to City of Clevel L Reutilization Program as recorded in Volume , Page 8 of the Cuyahoga County Records, said curve having a radius of feet, a central angle of 06 07' 53", a chord of feet which bears North 76 46' 48" East; Thence, along City of Clevel L Reutilization Program s westerly line, South East, feet to the centerline of vacated Morgana Avenue; Thence, along the centerline of vacated Morgana Avenue, South 89 00' 01" West, feet to the point of beginning. Containing within said bounds acre (30,704 square feet) of l as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No in May, Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North. All iron pins set are 5/8" x 30" capped rebar inscribed KS ASSOCS INC PROP MARKER. PPN PPN Acres Situated in the City of Clevel, County of Cuyahoga State of Ohio, known as being part of Sublot Nos. 37 through 41 inclusive in Sarah M. Richards Allotment of part of Original Newburgh Township Lot No. 321 as recorded in Volume 11, Page 48 of the Cuyahoga County Map Records, part of Sublot Nos. 18 through 22 inclusive in Hubbard Cook, Trustee Allotment of part Original Newburgh Township Lot Nos as recorded in Volume 6, Page 21 of the Cuyahoga County Map Records, part of Morgana Avenue (60 feet wide) vacated by Ordinance part of Original Newburgh Township Lot No Also being part of the l conveyed to the City of Clevel L Reutilization Program as recorded in Volume , Page 8 of the Cuyahoga County Records, being more definitely described as follows; Commencing at the intersection of the easterly line of Original Newburgh Township Lot No. 316 the westerly extension of the centerline of Linton Avenue (60 feet wide), said point being referenced by a drill hole in stone in a monument box found 0.29 feet West; Thence, along the easterly line of Original Newburgh Township Lot No. 316, North 01 14' 20" West, feet to the northeasterly corner thereof, being also the southeasterly corner of Original Newburgh Township Lot No. 320; Thence, along the easterly line of Original Newburgh Township Lot No. 320, North 01 14' 20" West, feet to an iron pin set in the centerline of vacated Morgan Avenue; Thence, along the centerline of Morgana Avenue, North 89 00' 01" East, feet to the easterly line of l conveyed to the City of Clevel as recorded in Volume 7297, Page 636 of the Cuyahoga County Records, said point being the True Point of Beginning for the parcel herein described; Thence, along City of Clevel s easterly line, North West, feet to the southerly line of l conveyed to City of Clevel as recorded in AFN of the Cuyahoga County Records; Thence, along City of Clevel s southerly line, along the arc of a curve which deflects to the right, feet to a KS ASSOC capped 5/8" iron pin found, said curve having a radius of feet, a central angle of 34 40' 02", a chord of feet which bears South 82 49' 15" East; 1220 Thence, South 65 29' 14" East, feet to the northwesterly corner of Consolidation Parcel A in Lot Consolidation Plat as recorded in Volume 359, Page 99 of the Cuyahoga County Map Records; Thence, along the westerly line of said Parcel A, South 24 38' 18" West, feet to a DJB capped 5/8" iron pin found at the northeasterly corner of Parcel A in Plat of Consolidation as recorded in Volume 374, Page 75 of the Cuyahoga County Map Records passing through a 5/8" iron pin found at 0.56 feet; Thence, along the northerly line of said Parcel A the following two courses; North 68 49' 02" West, feet to a DJB capped 5/8" iron pin found, said point being referenced by a 1 iron pipe found 0.20 feet North 2.15 feet East; Thence, North 77 39' 55" West, feet to the northeasterly corner of l conveyed to Cuyahoga County Reutilization Corporation as recorded in AFN of the Cuyahoga County Records, said point being referenced by a DJB capped 5/8" iron pin found South 00 59' 59" East feet; Thence, along Cuyahoga County Reutilization Corporation s northerly line along the northerly line of l conveyed to Janina Draus as recorded in AFN of the Cuyahoga County Records, South 89 00' 01" West, feet to the easterly line of l conveyed to City of Clevel L Reutilization Program as recorded in AFN or the Cuyahoga County Records, said point being referenced by a 5/8" iron pin found 1.11 feet East; Thence, along City of Clevel L Reutilization Program s easterly line, North 00 59' 59" West, feet to an iron pin set in the centerline of vacated Morgana Avenue; Thence, along the centerline of vacated Morgana Avenue, South 89 00' 01" West, feet to the point of beginning. Containing within said bounds acre (131,131 square feet) of l as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No in May, Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North. All iron pins set are 5/8" x 30" capped rebar inscribed KS ASSOCS INC PROP MARKER. Section 2. That the City will retain one or more ingress egress easements over the property described above for the purpose of inspecting maintaining the East 55th Street Bridge. Section 3. That the conveyance shall be made by official deed prepared by the Director of Law executed by the Mayor on behalf of the City of Clevel. The deed shall contain necessary provisions, including restrictive covenants deemed necessary for conservation purposes, as specified by the Directors of Capital Projects, Community Development, Law, restrictive reversionary interests as may be specified by the Board of Control or Director of Law, which shall protect the City s interests shall specifically contain a provision

23 July 25, 2018 The City Record 23 against the erection of any advertising signs or billboards except permitted identification signs. Section 4. That, notwithsting as an exception to the provisions of Chapters of the Codified Ordinances of Clevel, Ohio, 1976, it is found determined that permanent easement interests in the following described properties are not needed for the City s use: Drainage Easement Acre Situated in the City of Clevel, County of Cuyahoga State of Ohio, known as being part of Original Newburgh Township Lot No Also being part of Parcel 2 conveyed to the City of Clevel as recorded in AFN of the Cuyahoga County Records, being more definitely described as follows; Commencing in the westerly right of way of Ackley Road (60 feet wide) at the southeasterly corner of said Parcel 2; Thence, leaving said westerly right of way, along the southerly line of said Parcel 2 the following two courses; Along the arc of a curve which deflects to the right, feet, said curve having a radius of feet, a central angle of 06 21' 50", a chord of feet which bears North 68 40' 09" West; Thence, North West, feet to the True Point of Beginning for the easement herein described; Thence, continuing along the southerly line of said Parcel 2, North 65 29' 14" West, feet; Thence, leaving said southerly line, North 72 47' 14" East, feet; Thence, North 40 41' 39" East, feet to the northerly line of said Parcel 2; Thence along the northerly line of said Parcel 2, South 65 29' 14" East, feet; Thence, leaving said northerly line, South 40 41' 39" West, feet; Thence, South 72 48' 13" West, feet to the point of beginning. Containing within said bounds acre (1,852 square feet) of l as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No in May, Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North. Drainage Easement Acre Situated in the City of Clevel, County of Cuyahoga State of Ohio, known as being part of Original Newburgh Township Lot No Also being part of Parcel 2 conveyed to the City of Clevel as recorded in AFN of the Cuyahoga County Records, being more definitely described as follows; Commencing in the westerly right of way of Ackley Road (60 feet wide) at the southeasterly corner of said Parcel 2; Thence, leaving said westerly right of way, along the southerly line of said Parcel 2 the following three courses; Along the arc of a curve which deflects to the right, feet, said curve having a radius of feet, a central angle of 06 21' 50", a chord of feet which bears North 68 40' 09" West; Thence, North West, feet; Thence, along the arc of a curve which deflects to the left, feet to the True Point of Beginning for the easement herein described, said curve having a radius of feet, a central angle of 04 36' 57", a chord of feet which bears North 67 47' 43" West; Thence, continuing along the southerly line of said Parcel 2, along the arc of a curve which deflects to the left, feet, said curve having a radius of feet, a central angle of 01 20' 32", a chord of feet which bears North 70 46' 28" West; Thence, leaving said southerly line, North 01 00' 23" West, feet; Thence, North 06 47' 19" West, feet to the northerly line of said Parcel 2; Thence along the northerly line of said Parcel 2, along the arc of a curve which deflects to the right, feet, said curve having a radius of feet, a central angle of 01 16' 28", a chord of feet which bears South 72 41' 43" East; Thence, leaving said northerly line, South 06 47' 19" East, feet; Thence, South 01 00' 23" East, feet to the point of beginning. Containing within said bounds acre (1,631 square feet) of l as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No in May, Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North. Section 5. That, notwithsting as an exception to the provisions of Chapters of the Codified Ordinances of Clevel, Ohio, 1976, it is found determined that a temporary easement interest in the following described property is not needed for the City s public use: Parcel C Acre Situated in the City of Clevel, County of Cuyahoga State of Ohio, known as being part of Sublot Nos. 146 through 148 inclusive in Heisel, Hamm, Wagner Wagermann s Allotment of part of Original Newburgh Township Lot Nos. 316, as recorded in Volume 6, Page 3 of the Cuyahoga County Map Records. Also being part of the l conveyed to the City of Clevel as recorded in Volume 2556, Page 391 Volume 7297, Page 636 of the Cuyahoga County Records, being more definitely described as follows; Commencing at the intersection of the easterly line of Original Newburgh Township Lot No. 316 the westerly extension of the centerline of Linton Avenue (60 feet wide), said point being referenced by a drill hole in stone in a monument box found 0.29 feet West; Thence, along the easterly line of Original Newburgh Township Lot No. 316, North 01 14' 20" West, feet to the northeasterly corner thereof, being also the southeasterly corner of Original Newburgh Township Lot No. 320; 1221 Thence, along the easterly line of Original Newburgh Township Lot No. 320, North 01 14' 20" West, feet to an iron pin set at the southeasterly corner of said Sublot No. 146 passing through an iron pin set at feet: Thence, along the southerly line of said Sublot No. 146, South 88 02' 11" West, feet to an iron pin set at the True Point of Beginning for the parcel herein described; Thence, along the southerly line of said Sublot Nos , South 88 02' 11" West, feet to an iron pin set in the easterly right of way of East 55th Street as now located; Thence, along said easterly right of way, North 27 15' 20" West, feet to an iron pin set in the southerly line of l conveyed to City of Clevel as recorded in AFN of the Cuyahoga County Records; Thence, along City of Clevel s southerly line, North 70 22' 21" East, feet to an iron pin set; Thence, leaving said southerly line, South 19 56' 08" East, feet to the point of beginning. Containing within said bounds acre (2,600 square feet) of l as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No in May, Bearings are based on the Ohio State Plane, North Zone, NAD83(2011) Grid North. All iron pins set are 5/8" x 30" capped rebar inscribed KS ASSOCS INC PROP MARKER. Section 6. That the permanent easement temporary easement shall be non-exclusive the purpose of the permanent easement is to divert stormwater flow from the Boys & Girls Clubs of Clevel under the Morgana Run Trail into the project site to increase the wet habitat area better control stormwater runoff in the Project area the purpose of the temporary easement is to conduct construction activities on l adjacent to the East 55th Street Bridge. Section 7. That the duration of the permanent easement shall be perpetual; that the duration of the temporary easement shall be until construction activities are no longer needed; that the permanent easement temporary easement may include reasonable right of entry right to the City; that the permanent easement temporary easement shall not be assignable without the consent of the Director of Public Works or Capital Projects, as appropriate; that the permanent easement temporary easement shall require that the Boys & Girls Clubs of Clevel West Creek Conservancy, as appropriate, provide reasonable insurance, pay any applicable taxes assessments. Section 8. That both easement conveyances referred to in this ordinance shall be made by official deed of easement, official deed of temporary easement prepared by the Director of Law executed by the Director of Public Works or Capital Projects, as appropriate, on behalf of the City of Clevel. The deed of easement the deed of temporary easement shall contain any additional terms conditions as are required to protect the interest of the City.

24 24 The City Record July 25, 2018 Section 9. That by at the direction of the Board of Control, the Commissioner of Purchases Supplies is authorized to convey the permanent easements to the Boys & Girls Clubs of Clevel, the temporary easement to the West Creek Conservancy, the property described in Section 1 to the West Creek Conservancy, at a price of $1.00 other valuable consideration determined to be fair market value, taking into consideration restrictions on the conveyances authorized in this ordinance. Section 10. That the Directors of Public Works or Capital Projects, as appropriate, Law are authorized to execute any other documents, including without limitation, contracts for right of entry, as may be necessary to real estate transactions authorized in this ordinance. Section 11. That this ordinance is, provided it receives the Referred to Directors of Capital Projects, Community Development, Public Works, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability, Finance. Ord. No By Council Members Johnson Kelley (by departmental request). the Director of Public Works to enter into an amendment to Contract No. CT 7001 LS with the Negro League Baseball Legends of Fame Inc. dba Baseball Heritage Museum to extend the term of the lease. Whereas, under Ordinance No , passed June 5, 2017, this Council authorized the Director of Public Works to enter into a lease at League Park with the Negro League Baseball Legends of Fame Inc. dba Baseball Heritage Museum ( the Baseball Heritage Museum ) for space in the Ticket House Building for the purpose of storing displaying historical baseball memorabilia to sell museum baseball-related merchise for a period of one year; Whereas, the Baseball Heritage Museum promotes Clevel s baseball history culture is a public benefit to the community; Whereas, both parties wish to extend the one-year term of the lease to include two options to renew for additional one-year terms, exercisable by the Director of Public Works; Section 1. That the Director of Public Works is authorized to enter into an amendment to Contract No. CT 7001 LS with the Negro League Baseball Legends of Fame Inc. dba Baseball Heritage Museum to extend the one-year term of the lease for an additional one year period beginning August 14, 2018 two options to renew for additional one-year terms, exercisable by the Director of Public Works. All other terms conditions of the Lease shall remain the same. Section 2. That the amendment shall be prepared by the Director of Law. Section 3. That this ordinance is, provided it receives the Referred to Directors of Public Works, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Finance. Ord. No By Council Members Johnson Kelley (by departmental request). the purchase by one or more requirement contracts of carts needed for the Automated Waste Collection Curbside Recycling Program, for the Division of Waste Collection Disposal, Department of Public Works, for a period of one year. Section 1. That the Director of Public Works is authorized to make one or more written requirement contracts under the Charter the Codified Ordinances of Clevel, Ohio, 1976, for the requirements for a one year period of the necessary items of carts needed for the Automated Waste Collection Curbside Recycling Program, in the approximate amount as purchased during the preceding term, to be purchased by the Commissioner of Purchases Supplies on a unit basis for the Division of Waste Collection Disposal, Department of Public Works. Bids shall be taken in a manner that permits an award to be made for all items as a single contract, or by separate contract for each or any combination of the items as the Board of Control determines. Alternate bids for a period less than the specified term may be taken if desired by the Commissioner of Purchases Supplies until provision is made for the requirements for the entire term. Section 2. That the costs of the contract or contracts shall be paid from Fund Nos. 20 SF 566, 20 SF 573, 20 SF 578, 20 SF 585 shall be charged against the proper appropriation accounts the Director of Finance shall certify the amount of any purchase under the contract, each of which purchases shall be made on order of the Commissioner of Purchases Supplies by a delivery order issued against the contract or contracts certified by the Director of Finance. (RQN 7013, RL ) Section 3. That under Section 108(b) of the Charter, the purchases 1222 authorized by this ordinance may be made through cooperative arrangements with other governmental agencies. The Director of Public Works may sign all documents that are necessary to make the purchases, may enter into one or more contracts with the vendors selected through that cooperative process. Section 4. That this ordinance is, provided it receives the Referred to Directors of Public Works, Finance, Law; Committees on Municipal Services Properties, Finance. Ord. No By Council Members Johnson, Brancatelli Kelley (by departmental request). the Director of Public Works to execute deeds of easement granting to the Clevel Electric Illuminating Company certain aerial easement rights in property located in Ambler Park located along the south side of Cedar Road between Ambleside Road Harcourt Drive in the City of Clevel Heights; declaring that the easement rights granted are not needed for public use. Whereas, permanent aerial easements to the Clevel Electric Illuminating Company ( CEI ) are necessary in order to allow it to replace enhance certain aboveground conduits cables adjacent to the right-of-way to enhance CEI s service in the surrounding area; Whereas, the easement rights to be granted are not needed for the City s public use; Section 1. That, notwithsting as an exception to the provisions of Chapters of the Codified Ordinances of Clevel, Ohio, 1976, it is found determined that aerial easement interests in the following described properties are not needed for the City s public use: Utility Easement Across P.P.N City of Clevel Situated in the City of Clevel Heights, County of Cuyahoga, State of Ohio, known as being part of Cedar Glen Parkway as shown on the Plan of Cedar Glen of the Cuyahoga County Engineers Office, dated July 1930, of part of Original 100 Acre Lot Number 412, bounded described as follows: Beginning at a point in the southeasterly line of Cedar Glen Parkway at its intersection with the southwesterly line of a parcel of l conveyed to the City of Clevel by deed recorded in Volume 1971, Page 622 of Cuyahoga County Records; Thence North 41 degrees 37 minutes 26 seconds East along the

25 July 25, 2018 The City Record 25 southeasterly line of Cedar Glen Parkway, feet to a point, the principal place of beginning of the easement herein described; Thence North 66 degrees 52 minutes 42 seconds West, feet to a point in the curved southeasterly line of Cedar Road; Thence northeasterly along the southeasterly line of Cedar Road, being the arc of a curve deflecting to the right, feet to a point, said arc having a radius of feet, a central angle of 1 degree 17 minutes 29 seconds, a chord which bears North 42 degrees 53 minutes 51 seconds East, feet; Thence South 66 degrees 52 minutes 42 seconds East, feet to a point in the curved southeasterly line of Cedar Glen Parkway; Thence southwesterly along the southeasterly line of Cedar Glen Parkway, being the arc of a curve deflecting to the left, 2.96 feet to a point of tangency, said arc having a radius of feet, a central angle of 0 degrees 33 minutes 54 seconds, a chord which bears South 39 degrees 04 minutes 06 seconds West, 2.96 feet; Thence South 41 degrees 37 minutes 26 seconds West, along the southeasterly line of Cedar Glen Parkway, 7.55 feet to the principal place of beginning as described by Donald G. Bohning & Associates, Inc. in September, The courses used in this description are referenced to an assumed meridian are used to indicate angles only. Utility Easement Across P.P.N West - City of Clevel Situated in the City of Clevel Heights, County of Cuyahoga, State of Ohio, known as being part of Cedar Glen Parkway as shown on the Plan of Cedar Glen of the Cuyahoga County Engineers Office, dated July 1930, of part of Original 100 Acre Lot Number 412, bounded described as follows: Beginning at a point in the southeasterly line of Cedar Glen Parkway at its intersection with the southwesterly line of a parcel of l conveyed to the Marissa Ann Mayer, Trustee recorded by deed as A.F.N of Cuyahoga County Records; Thence North 56 degrees 08 minutes 08 seconds East along the southeasterly line of Cedar Glen Parkway, feet to a point, the principal place of beginning of the easement herein described; Thence North 37 degrees 26 minutes 39 seconds West, feet to a point in the curved southeasterly line of Cedar Road; Thence northeasterly along the southeasterly line of Cedar Road, being the arc of a curve deflecting to the left, feet to a point, said arc having a radius of feet, a central angle of 0 degrees 56 minutes 18 seconds, a chord which bears North 67 degrees 34 minutes 38 seconds East, feet; Thence South 37 degrees 26 minutes 39 seconds East, feet to a point in the northwesterly line of said l conveyed to Marissa Ann Mayer, Trustee; Thence South 56 degrees 08 minutes 08 seconds West along the northwesterly line of said l conveyed to Marissa Ann Mayer, Trustee, feet to the principal place of beginning as described by Donald G. Bohning & Associates, Inc. in September, Utility Easement Across P.P.N City of Clevel Situated in the City of Clevel Heights, County of Cuyahoga, State of Ohio, known as being part of Original 100 Acre Lot Number 412, bounded described as follows: Beginning at a point in the southeasterly line of Cedar Glen Parkway at its intersection with the southwesterly line of a parcel of l conveyed to the City of Clevel by deed recorded in Volume 1971, Page 622 of Cuyahoga County Records; Thence North 41 degrees 37 minutes 26 seconds East along the southeasterly line of Cedar Glen Parkway, feet to a point, the principal place of beginning of the easement herein described; Thence North 41 degrees 37 minutes 26 seconds East along the southeasterly line of Cedar Glen Parkway, 7.55 feet to a point of curvature; Thence northeasterly along the southeasterly line of Cedar Glen Parkway, being the arc of a curve deflecting to the right, 2.96 feet to a point, said arc having a radius of feet, a central angle of 0 degrees 33 minutes 54 seconds, a chord which bears North 39 degrees 04 minutes 06 seconds East, 2.96 feet; Thence South 66 degrees 52 minutes 42 seconds East, feet to a point in the curved northwesterly line of Harcourt Drive, 60 feet wide; Thence southwesterly along the northwesterly line of Harcourt Drive, being the arc of a curve deflecting to the left, feet to a point, said arc having a radius of feet, a central angle of 1 degrees 06 minutes 51 seconds, a chord which bears South 38 degrees 08 minutes 18 seconds West, feet; Thence North 66 degrees 52 minutes 42 seconds West, feet to the principal place of beginning as described by Donald G. Bohning & Associates, Inc. in September, Section 2. That, by at the direction of the Board of Control, the Commissioner of Purchases Supplies is authorized to convey the above-described aerial easement interests to CEI subject to any conditions stated in this ordinance. The consideration to be paid for the properties shall not exceed the appraised value of $900.00, which are determined to be fair market value. Section 3. That the aerial easements shall be non-exclusive the purpose of the aerial easements shall be to allow CEI to install new aboveground conduits cables adjacent to the right-of-way to enhance their services in the surrounding area. Section 4. That the duration of the aerial easements shall be perpetual; that the aerial easements shall not be assignable without the consent of the Director of Public Works; that the aerial easements shall require that CEI provide reasonable insurance or self-insurance; maintain any CEI improvements located within the aerial easements; pay any applicable taxes assessments; 1223 shall contain such other terms conditions that the Director of Law determines to be necessary to protect benefit the City. Section 5. That the conveyances referenced above shall be made by official deeds of aerial easement prepared by the Director of Law executed by the Director of Public Works on behalf of the City of Clevel. The Directors of Public Works Law are authorized to execute any other documents, including without limitation, contracts for right of entry, as may be necessary to effect this ordinance. Section 6. That this ordinance is, provided it receives the Referred to Directors of Public Works, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability, Finance. Ord. No By Council Members Johnson, Brancatelli Kelley (by departmental request). the Director of Public Works to execute a deed of easement granting to the Clevel Electric Illuminating Company certain easement rights in property located in Rockefeller Park along the west side of East 105th Street between Mt. Sinai Drive East Boulevard; declaring that the easement rights granted are not needed for public use. Whereas, a permanent easement to the Clevel Electric Illuminating Company ( CEI ) is necessary in order to allow it to install new underground conduits cables adjacent to the right-of-way to enhance their services in the surrounding area; Whereas, the easement rights to be granted are not needed for the City s public use; Section 1. That, notwithsting as an exception to the provisions of Chapters of the Codified Ordinances of Clevel, Ohio, 1976, it is found determined that an easement interest in the following described property is not needed for the City s public use: Utility Easement Across P.P.N City of Clevel Situated in the City of Clevel, County of Cuyahoga, State of Ohio, known as being part of Original 100 Acre Lot No. 393, bounded described as follows: Beginning at a point in the centerline of East 105th Street, 60 feet wide, at its intersection with the centerline of Wade Park Avenue, 70 feet wide; Thence South 1 degree 6 minutes 10 seconds East along the centerline

26 26 The City Record July 25, 2018 of East 105th Street, feet to a point; Thence South 89 degrees 00 minutes 23 seconds West, feet to a point in the westerly line of East 105th Street at its intersection with the northerly line of a parcel of l conveyed to the City of Clevel by deed recorded in Volume 660, Page 288 of Cuyahoga County Records; Thence South 1 degree 6 minutes 10 seconds East along the westerly line of East 105th Street, feet to a point, the principal place of beginning of the easement herein described; Thence South 1 degree 6 minutes 10 seconds East along the westerly line of East 105th Street, feet to a point; Thence South 43 degrees 53 minutes 50 seconds West, feet to a point; Thence South 20 degrees 53 minutes 50 seconds West, feet to a point; Thence South 10 degrees 17 seconds 49 minutes East, feet to a point; Thence South 28 degrees 33 minutes 04 seconds East, feet to a point; Thence South 1 degree 6 minutes 10 seconds East, feet to a point; Thence South 88 degrees 53 minutes 50 seconds West, feet to a point; Thence South 36 degrees 53 minutes 50 seconds West, feet to a point; Thence South 0 degrees 1 minute 05 seconds East, feet to a point; Thence South 50 degrees 16 minutes 5 seconds East, feet to a point; Thence Due South, feet to the curved northerly line of Parcel 1-SH of l conveyed by deed as Highway Easement to Cuyahoga County recorded in A.F.N of Cuyahoga County Records; Thence southwesterly along the curved northerly line of said Highway Easement Parcel 1-SH, being the arc of a curve deflecting to the right, feet to a point, said arc having a radius of feet, a central angle of 2 degrees 48 minutes 58 seconds, a chord which bears South 48 degrees 11 minutes 10 seconds West, feet; Thence Due North, feet to a point; Thence North 50 degrees 16 minutes 05 seconds West, feet to a point; Thence North 0 degrees 01 minutes 05 seconds West, feet to a point; Thence North 36 degrees 53 minutes 50 seconds East, feet to a point; Thence North 1 degree 6 minutes 10 seconds West, feet to a point; Thence North 28 degrees 33 minutes 04 seconds West, feet to a point; Thence North 10 degrees 17 minutes 49 seconds West, feet to a point; Thence North 20 degrees 53 minutes 50 seconds East, feet to a point; Thence North 43 degrees 53 minutes 50 seconds East, feet to the principal place of beginning as described by Donald G. Bohning & Associates, Inc. in September, Bearings are based upon GPS observations utilizing the ODOT Virtual Reference System dated August 29, Section 2. That by at the direction of the Board of Control, the Commissioner of Purchases Supplies is authorized to convey the above-described easement interest to CEI subject to any conditions stated in this ordinance. The consideration to be paid for this property shall be $69,500, which is determined to be fair market value. Section 3. That the easement shall be exclusive the purpose of the easement shall be to allow CEI to install new underground conduits cables adjacent to the right-ofway to enhance their services in the surrounding area. Section 4. That the duration of the easement shall be perpetual; that the easement shall not be assignable without the consent of the Director of Public Works; that the easement shall require that CEI provide reasonable insurance or self-insurance; maintain any CEI improvements located within the easement; pay any applicable taxes assessments; shall contain such other terms conditions that the Director of Law determines to be necessary to protect benefit the City. Section 5. That the conveyance referenced above shall be made by official deed of easement prepared by the Director of Law executed by the Director of Public Works on behalf of the City of Clevel. The Directors of Public Works Law are authorized to execute any other documents, including without limitation, contracts for right of entry, as may be necessary to effect this ordinance. Section 6. That this ordinance is, provided it receives the Referred to Directors of Public Works, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability, Finance. Ord. No By Council Members Johnson, Brancatelli Kelley (by departmental request). the Director of Public Works to execute a deed of easement a temporary deed of easement granting to the Northeast Ohio Regional Sewer District certain easement rights in property needed for its Big Creek Bank Stabilization Project at John Nagy Boulevard; declaring the easement rights not needed for the City s public use. Whereas, the Northeast Ohio Regional Sewer District ( NEORSD ) has requested the Director of Public Works to convey certain easement rights temporary easement rights in property 1224 needed for its Big Creek Bank Stabilization Project at John Nagy Boulevard; Section 1. That, notwithsting as an exception to the provisions of Chapters of the Codified Ordinances of Clevel, Ohio, 1976, it is found determined that a permanent easement interest is not needed for the City s public use are further described as follows: Permanent Easement City of Clevel Acre Situated in the City of Clevel, County of Cuyahoga State of Ohio, known as being part of Original Brooklyn Lot Nos Also being part of the l conveyed to City of Clevel as recorded in Volume 5447, Page 153, Volume 6070, Page 185, Volume 6496, Page 405, Volume 1610, Page 297, Volume 4939, Page 445 Volume 1044, Page 519 of the Cuyahoga County Records, being more definitely described as follows: Commencing at the southeasterly corner of said Original Brooklyn Lot No. 36, said point being referenced by a 5/8" iron pin found 0.31 feet North 0.28 feet East; Thence, along the easterly line of said Original Brooklyn Lot No. 36, North 00 32' 36" West, feet to the True Point of Beginning for the easement herein described; Thence, leaving said easterly line, North 89 30' 11" West, feet; Thence, North 89 43' 32" West, feet; Thence, South 88 55' 09" West, feet; Thence, South 87 52' 29" West, feet; Thence, South 86 51' 49" West feet; Thence, South 84 31' 38" West, feet; Thence, South 84 45' 11" West, feet; Thence, South 05 14' 49" East, 6.63 feet; Thence, South 82 27' 38" West, feet; Thence, North 66 12' 50" West, feet; Thence, South 85 32' 23" West, feet; Thence, North 85 49' 17" West, feet; Thence, South 77 35' 54" West, feet; Thence, South 65 36' 34" West, feet; Thence, South 70 02' 11" West, feet; Thence, South 71 41' 02" West, feet; Thence, South 72 35' 50" West, feet; Thence, South 65 26' 12" West, feet; Thence, South 47 53' 54" West, feet; Thence, South 74 53' 39" West, feet; Thence, North 32 31' 16" West, feet to the southerly right of way of CSX Transportation Railroad;

27 July 25, 2018 The City Record 27 Thence, along said southerly right of way the following three courses; Along the arc of a curve which deflects to the right, feet, said curve having a radius of feet, a central angle of 14 34' 26", a chord of feet which bears North 69 46' 30" East; Thence, North 77 03' 27" East, feet; Thence, North 80 03' 45" East, feet; Thence, leaving said southerly right of way, South 78 46' 33" East, feet; Thence, South 64 49' 43" East, feet; Thence, South 36 35' 54" East, feet; Thence, South 51 54' 10" West, feet; Thence, South 61 08' 39" East, feet; Thence, South 41 21' 21" West, feet; Thence, South 13 09' 06" West, feet; Thence, South 09 36' 28" East, feet; Thence, North 68 11' 54" West, feet; Thence, North 15 19' 46" East, feet; Thence, South 46 07' 31" West, feet; Thence, South 52 26' 04" West, feet; Thence, South 89 57' 28" West, feet; Thence, South 89 30' 11" West, feet to the point of beginning. Containing within said bounds acres of l as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No in August, Bearings are based on the Ohio State Plane, North Zone, NAD83 (2011) Grid North. Section 2. That, notwithsting as an exception to the provisions of Chapters of the Codified Ordinances of Clevel, Ohio, 1976, it is found determined that a temporary easement interest is not needed for the City s public use are further described as follows: Temporary Easement City of Clevel Acre Situated in the City of Clevel, County of Cuyahoga State of Ohio, known as being part of Original Brooklyn Lot Nos Also being part of the l conveyed to City of Clevel as recorded in Volume 5447, Page 153, Volume 6070, Page 185, Volume 6496, Page 405, Volume 1610, Page 297, Volume 4939, Page 445 Volume 1044, Page 519 of the Cuyahoga County Records, being more definitely described as follows: Commencing at the southeasterly corner of said Original Brooklyn Lot No. 36, said point being referenced by a 5/8" iron pin found 0.31 feet North 0.28 feet East; Thence, along the easterly line of said Original Brooklyn Lot No. 36, North 00 32' 36" West feet to the True Point of Beginning for the easement herein described; Thence, North 86 03' 17" West, feet; Thence, North 89 26' 47" West, feet; Thence, South 88 04' 10" West, feet; Thence, South 83 17' 24" West, feet; Thence, South 81 32' 42" West, feet; Thence, South 80 45' 14" West, feet; Thence, South 83 52' 53" West, feet; Thence, South 81 22' 23" West, feet; Thence, South 78 27' 09" West, feet; Thence, South 69 50' 23" West, feet; Thence, South 65 47' 01" West, feet; Thence, South 65 04' 49" West, feet; Thence, South 56 41' 23" West, feet; Thence, South 52 56' 08" West, feet; Thence, South 52 55' 44" West, feet; Thence, South 41 53' 24" West, feet; Thence, South 39 36' 00" West, feet; Thence, South 41 07' 54" West, feet; Thence, North 49 12' 59" West, feet; Thence, North 48 52' 53" West, feet; Thence, North 40 52' 16" East, feet; Thence, North 41 00' 42" West, feet to the southerly right of way of CSX Transportation Railroad; Thence, along said southerly right of way the following three courses; North 52 27' 43" East, feet; Thence, North 55 27' 48" East, feet; Thence, along the arc of a curve which deflects to the right, feet, said curve having a radius of feet, a central angle of 07 01' 33", a chord of feet which bears North 58 58' 30" East; Thence, leaving said southerly right of way, South 32 31' 16" East, feet; Thence, North 74 53' 39" East, feet; Thence, North 47 53' 54" East, feet; Thence, North 65 26' 12" East, feet; Thence, North 72 35' 50" East, feet; Thence, North 71 41' 02" East, feet; Thence, North 70 02' 11" East, feet; Thence, North 65 36' 34" East, feet; Thence, North 77 35' 54" East, feet; Thence, South 85 49' 17" East, feet; Thence, North 85 32' 23" East, feet; Thence, South 66 12' 50" East, feet; Thence, North 82 27' 38" East, feet; Thence, North 05 14' 49" West, 6.63 feet; Thence, North 84 45' 11" East, feet; Thence, North 84 31' 38" East, feet; Thence, North 86 51' 49" East, feet; Thence, North 87 52' 29" East, feet; 1225 Thence, North 88 55' 09" East, feet; Thence, South 89 43' 32" East, feet; Thence, South 89 30' 11" East, feet; Thence, South 89 30' 11" East, feet; Thence, North 89 57' 28" East, feet; Thence, North 52 26' 04" East, feet; Thence, North 46 07' 31" East, feet; Thence, South 15 19' 46" West, feet; Thence, South 68 11' 54" East, feet; Thence, North 09 36' 28" West, feet; Thence, North 13 09' 06" East, feet; Thence, North 41 21' 21" East, feet; Thence, North 61 08' 39" West, feet; Thence, North 51 54' 10" East, feet; Thence, North 36 35' 54" West, feet; Thence, North 64 49' 43" West, feet; Thence, North 78 46' 33" West, feet to the southerly right of way of CSX Transportation Railroad; Thence, along said southerly right of way, North 80 03' 45" East, feet; Thence, leaving said southerly right of way, South 08 44' 31" East, feet; Thence, South 49 07' 34" West, feet; Thence, South 38 02' 04" East, feet; Thence, South 62 23' 31" East, feet; Thence, South 16 57' 23" West, feet; Thence, North 66 02' 14" West, feet; Thence, North 67 52' 35" West, feet; Thence, North 83 37' 28" West, feet; Thence, North 71 05' 57'' West, feet; Thence, North 77 28' 27" West, feet; Thence, North 86 03' 17" West, 9.05 feet to the point of beginning. Containing within said bounds acres of l as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No in August, Bearings are based on the Ohio State Plane, North Zone, NAD83 (2011) Grid North. Section 3. That by at the direction of the Board of Control, the Commissioner of Purchases Supplies is authorized to convey the above-described non-exclusive permanent easement interest the exclusive temporary easement interest to NEORSD at a price of $1.00 other valuable consideration, which is determined to be fair market value. Section 4. That the purpose of the easements shall be to access perform future maintenance on the project site for access staging to the Big Creek Bank Stabilization Project at John Nagy Boulevard.

28 28 The City Record July 25, 2018 Section 5. That the duration of the permanent easement shall be perpetual; that the duration of the temporary easement shall be until the Big Creek Bank Stabilization Project is completed; that the permanent easement temporary easement may include reasonable right of entry rights to the City; that the easement temporary easement shall not be assignable without the consent of the Director of Public Works; that the permanent easement temporary easement shall require that NEORSD or its contractor provide reasonable insurance, pay any applicable taxes assessments. Section 6. That the conveyances referred to above shall be made by official deed of easement official deed of temporary easement prepared by the Director of Law executed by the Director of Public Works on behalf of the City of Clevel. The deed of easement the deed of temporary easement shall contain any additional terms conditions as are required to protect the interest of the City. The Directors of Public Works Law are authorized to execute any other documents, including without limitation, contracts for right of entry, as may be necessary to effect this ordinance. Section 7. That this ordinance is, provided it receives the Referred to Directors of Public Works, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability, Finance. Ord. No By Council Members Johnson, Brancatelli Kelley (by departmental request). the Director of Public Works to execute a deed of easement two temporary deeds of easement granting to the Northeast Ohio Regional Sewer District certain easement rights in property needed for its Doan Brook Stabilization Project at Wade Park; declaring the easement rights not needed for the City s public use. Whereas, the Northeast Ohio Regional Sewer District ( NEORSD ) has requested the Director of Public Works to convey certain easement rights temporary easement rights in property needed for its Doan Brook Stabilization Project at Wade Park; Section 1. That, notwithsting as an exception to the provisions of Chapters of the Codified Ordinances of Clevel, Ohio, 1976, it is found determined that a permanent easement interest located across Doan Brook is not needed for the City s public use are further described as follows: Permanent Stormwater Easement Across PPN Acre Situated in the City of Clevel, County of Cuyahoga State of Ohio known as being part of Original 100 Acre Lot Nos Also being part of the l conveyed to the City of Clevel as recorded in Volume 341, Page 165 of the Cuyahoga County Records, being more definitely described as follows; Commencing at a drill hole in a stone in a monument box found at the intersection of the centerline of E. 105th Street (width varies) the centerline of Park Lane; Thence, along the centerline of E. 105th Street, North 01 05' 59" West, feet; Thence, leaving the centerline of E. 105th Street, North 88 54' 01" East, feet to the easterly curb line of Martin Luther King Jr. Drive; Thence, leaving the easterly curb line of Martin Luther King Jr. Drive, South 78 55' 24" East, feet; Thence, North 81 39' 55" East, feet to the True Point of Beginning for the easement herein described; Thence, North 44 44' 24" West, feet; Thence, North 32 47' 36" West, feet; Thence, North 15 57' 32" West, feet; Thence, North 01 04' 16" East, feet; Thence, North 44 49' 51" West, feet; Thence, North 35 49' 22" West, feet; Thence, North 19 51' 10" West, feet; Thence, North 00 40' 31" West, feet; Thence, North 73 27' 44" West, feet to the easterly curb line of Martin Luther King Jr. Drive; Thence, along the easterly curb line of Martin Luther King Jr. Drive the following three courses: Along the arc of a curve which deflects to the right, feet, said curve having a radius of feet, a central angle of 07 05' 42", a chord of feet which bears North 18 34' 08" East; Thence, North 22 06' 59" East, feet; Thence, North 23 52' 54" East, feet; Thence, leaving the easterly curb line of Martin Luther King Jr. Drive, South 46 35' 48" East, feet; Thence, along the arc of a curve which deflects to the right, feet, said curve having a radius of feet, a central angle of 21 20' 51", a chord of feet which bears South 35 55' 22" East; Thence, North 66 34' 26" East, 9.43 feet; Thence, South 17 14' 25" East, feet; Thence, South 16 12' 33" East, feet; Thence, South 72 54' 06" West, 8.64 feet; Thence, South 17 05' 54" East, feet; 1226 Thence, South 29 38' 35" East, feet; Thence, South 21 19' 03" East, feet; Thence, South 07 54' 01" East, feet; Thence, South 25 43' 32" East, feet; Thence, South 10 56' 22" East, feet; Thence, South 01 46' 13" West, feet; Thence, South 22 33' 01" East, feet; Thence, South 44 17' 57" East, feet; Thence, South 26 59' 20" East, feet; Thence, South 81 39' 55" West, feet to the point of beginning. Containing within said bounds acres (108,639 square feet) of l as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No in October Bearings are based on the Ohio State Plane, North Zone NAD83(2011), Grid North. Section 2. That, notwithsting as an exception to the provisions of Chapters of the Codified Ordinances of Clevel, Ohio, 1976, it is found determined that two temporary easement interests located on both sides of Doan Brook are not needed for the City s public use are further described as follows: Temporary Construction Easement 1 Across PPN Acre Situated in the City of Clevel, County of Cuyahoga State of Ohio known as being part of Original 100 Acre Lot Nos Also being part of the l conveyed to the City of Clevel as recorded in Volume 341, Page 165 of the Cuyahoga County Records, being more definitely described as follows; Commencing at a drill hole in a stone in a monument box found at the intersection of the centerline of E. 105th Street (width varies) the centerline of Park Lane; Thence, along the centerline of E. 105th Street, North 01 05' 59" West, feet; Thence, leaving the centerline of E. 105th Street, North 88 54' 01" East, feet to the easterly curb line of Martin Luther King Jr. Drive the True Point of Beginning for the easement herein described; Thence along the easterly curb line of Martin Luther King Jr. Drive the following six courses: Along the arc of a curve which deflects to the right, feet, said curve having a radius of feet, a central angle of 15 55' 26", a chord of feet which bears North 28 02' 49" West; Thence, North 20 05' 06" West, feet; Thence, North 08 01' 04" West, feet; Thence, along the arc of a curve which deflects to the right, feet, said curve having a radius of feet, a central angle of 10 21' 11", a chord of feet which bears North 02 50' 29" West; Thence, North 02 20' 07" East, feet; Thence, along the arc of a curve which deflects to the right,

29 July 25, 2018 The City Record 29 feet, said curve having a radius of feet, a central angle of 12 41' 10", a chord of feet which bears North 08 40' 42" East; Thence, leaving the easterly curb line of Martin Luther King Jr. Drive, South 73 27' 44" East, feet; Thence, South 00 40' 31" East, feet; Thence, South 19 51' 10" East, feet; Thence, South 35 49' 22" East, feet; Thence, South 44 49' 51" East, feet; Thence, South 01 04' 16" West, feet; Thence, South 15 57' 32" East, feet; Thence, South 32 47' 36" East, feet; Thence, South 44 44' 24" East, feet; Thence, South 81 39' 55" West, feet; Thence, North 78 55' 24" West, feet to the point of beginning. Containing within said bounds acres (105,335 square feet) of l as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No in October Bearings are based on the Ohio State Plane, North Zone NAD83(2011), Grid North. Temporary Construction Easement 2 Across PPN Acre Situated in the City of Clevel, County of Cuyahoga State of Ohio known as being part of Original 100 Acre Lot Nos Also being part of the l conveyed to the City of Clevel as recorded in Volume 341, Page 165 of the Cuyahoga County Records, being more definitely described as follows; Commencing at a drill hole in a stone in a monument box found at the intersection of the centerline of E. 105th Street (width varies) the centerline of Park Lane; Thence, along the centerline of E. 105th Street, North 01 05' 59" West, feet; Thence, leaving the centerline of E. 105th Street, North 88 54' 01" East, feet to the easterly curb line of Martin Luther King Jr. Drive; Thence, leaving the easterly curb line of Martin Luther King Jr. Drive, South 78 55' 24" East, feet; Thence, North 81 39' 55" East, feet to the True Point of Beginning for the easement herein described; Thence, North 26 59' 20" West, feet; Thence, North 44 17' 57" West, feet; Thence, North 22 33' 01" West, feet; Thence, North 01 46' 13" East, feet; Thence, North 10 56' 22" West, feet; Thence, North 25 43' 32" West, feet; Thence, North 07 54' 01" West, feet; Thence, North 21 19' 03" West, feet; Thence, North 29 38' 35" West, feet; Thence, North 17 05' 54" West, feet; Thence, North 72 54' 06" East, 8.64 feet; Thence, North 16 12' 33" West, feet; Thence, North 17 14' 25" West, feet; Thence, South 66 34' 26" West, 9.43 feet; Thence, along the arc of a curve which deflects to the left, feet, said curve having a radius of feet, a central angle of 21 20' 51", a chord of feet which bears North 35 55' 22" West; Thence, North 46 35' 48" West, feet to the easterly curb line of Martin Luther King Jr. Drive; Thence, along the easterly curb line of Martin Luther King Jr. Drive, North 23 52' 54" East, feet; Thence, leaving the easterly curb line of Martin Luther King Jr. Drive, South 65 29' 31" East, feet; Thence, South 43 43' 15" East, feet; Thence, South 35 03' 50" East, feet to the northerly line of l conveyed to the Clevel Museum of Art as recorded in Volume 1901, Page 42, Volume 8278, Page 387, Volume 12328, Page 601 Volume 15651, Page 773 of the Cuyahoga County Records; Thence, along the Clevel Museum of Art s northerly line, along the arc of a curve which deflects to the right, feet to the westerly line of said l conveyed to the Clevel Museum of Art, said curve having a radius of feet, a central angle of 13 16' 15", a chord of feet which bears North 57 04' 44" West; Thence, along the Clevel Museum of Art s westerly line the following four courses: South 08 19' 36" East, feet; Thence, South 17 37' 21" East, feet; Thence, South 30 10' 01" East, feet; Thence, South 08 19' 36" East, feet to the southerly line of said l conveyed to the Clevel Museum of Art; Thence, along the Clevel Museum of Art s southerly line, North 81 40' 24" East, 5.76 feet; Thence, leaving the Clevel Museum of Art s southerly line, South 00 17' 55" East, feet; Thence, South 53 12' 32" East, feet; Thence, South 56 22' 32" East, feet; Thence, South 13 21' 59" East, feet; Thence, South 81 39' 55" West, feet to the point of beginning. Containing within said bounds acres (53,266 square feet) of l as surveyed by KS Associates, Inc. under the supervision of Trevor A. Bixler, Professional Surveyor, No in October Bearings are based on the Ohio State Plane, North Zone NAD83(2011), Grid North. Section 3. That by at the direction of the Board of Control, the Commissioner of Purchases Supplies is authorized to convey the above-described non-exclusive permanent easement interest the two exclusive temporary easement interests to NEORSD at a price of 1227 $1.00 other valuable consideration, which is determined to be fair market value. Section 4. That the purpose of the easements shall be to access perform future maintenance on the project site for access staging to the Doan Brook Stabilization Project at Wade Park. Section 5. That the duration of the permanent easement shall be perpetual; that the duration of the temporary easements shall be until the Doan Brook Stabilization Project is completed; that the permanent easement temporary easements may include reasonable right of entry rights to the City; that the easement temporary easements shall not be assignable without the consent of the Director of Public Works; that the permanent easement temporary easements shall require that NEORSD or its contractor provide reasonable insurance, pay any applicable taxes assessments. Section 6. That the conveyances referred to above shall be made by official deed of easement official deeds of temporary easement prepared by the Director of Law executed by the Director of Public Works on behalf of the City of Clevel. The deed of easement the deeds of temporary easement shall contain any additional terms conditions as are required to protect the interest of the City. The Directors of Public Works Law are authorized to execute any other documents, including without limitation, contracts for right of entry, as may be necessary to effect this ordinance. Section 7. That this ordinance is, provided it receives the Referred to Directors of Public Works, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability, Finance. Ord. No By Council Members Brancatelli Kelley (by departmental request). An emergency ordinance to amend the title Sections 1 2 of Ordinance No , passed June 4, 2018, relating to the development of Fleet Avenue; to supplement the ordinance by adding new Sections 1a, 1b, 1c, 1d, 1e, relating to real estate activities. Section 1. That the title Sections 1 2 of Ordinance No , passed June 4, 2018, are amended to read as follows: the Director of Economic Development to enter into an agreement with Slavic Village Development for the to purchase Fleet Avenue project through the use of Ward 12

30 30 The City Record July 25, 2018 Restricted Income Tax Funds.; authorizing the Commissioner of Purchases Supplies to purchase the property for the Department of Economic Development;, following demolition of the existing structures on the property, authorizing the Director of Economic Development to transfer the property to the control, possession, use of the Department of Community Development for future redevelopment. Section 1. That the Director of Economic Development is authorized to enter into an agreement with Slavic Village Development for the public purpose of acquisition related activities in support of the Fleet Avenue project. through the use of Ward 12 Restricted Income Tax Funds. Section 2. That the cost of the contract implementing this ordinance, including, but not limited to, the costs of acquisition demolition, shall be in an amount not to exceed $75,000 shall be paid from the Fund designated by the Director of Finance for the project. Fund No , RQS 9501, RL Section 2. That the existing title Sections 1 2 of Ordinance No , passed June 4, 2018, are repealed. Section 3. That Ordinance No is supplemented by adding new Sections 1a, 1b, 1c, 1d, 1e to read as follows: Section 1a. That notwithsting as an exception to the provisions of Chapter of the Codified Ordinances of Clevel, Ohio, 1976, the Commissioner of Purchases Supplies is authorized to purchase the property located at Fleet Avenue for future redevelopment. Section 1b. That the Director of Economic Development is authorized to execute on behalf of the City of Clevel all necessary documents to effect the purposes of this ordinance. Section 1c. That the consideration to be paid for this property shall not exceed fair market value as determined by the Board of Control. Section 1d. That under Section of the Codified Ordinances of Clevel, Ohio, 1976, following demolition of the existing structures on the property, the Director of Economic Development is authorized to transfer the property to the control, possession, use of the Department of Community Development. Section 1e. That, upon consummation of the transfer referenced above, the directors participating in the transaction shall initial date a copy of this ordinance deliver the copy to the custody of the Division of Property Management of the Department of Public Works. Section 4. That this ordinance is, provided it receives the Referred to Directors of Economic Development, Community Development, Finance, Law; Committees on Development Planning Sustainability, Finance. FIRST READING ORDINANCES REFERRED Ord. No By Council Member McCormack. An ordinance changing the Use, Area Height of ls in the Barber-Vega neighborhood, South of Bailey Avenue Train Avenue east to I-90 between Fulton Road I-71 (Map Change 2585). Section 1. That the Use District of ls bounded described as follows: Situated in the City of Clevel, County of Cuyahoga, of Ohio known as being part of the Original Brooklyn Township Lots No. 68, 71, 65, 77, 42 47, as shown by recorded plat in Volume 5 of Maps, Page 50 in Cuyahoga County Records; Beginning at the intersection of the centerline of Brevier Avenue, formerly Howard Avenue S.W. the centerline of West 18th Place (formerly Alfred Place); Thence, southwesterly along the centerline of West 18th Place to its intersection with the centerline of Starkweather Avenue S.W.; Thence, easterly along the centerline of Starkweather Avenue to its intersection with the centerline of West 18th Place (formerly Little Place); Thence, southwesterly along the centerline of West 18th Place to its intersection with the centerline of Auburn Avenue (formerly Spring Avenue S.W.); Thence, westerly along the centerline of Auburn Avenue to its intersection with the centerline of West 18th Street (formerly Cologne Street); Thence, northerly along the centerline of West 18th Street to its intersection with the centerline of Lamoille Court S.W.; Thence, westerly along the centerline of Lamoille Court S.W. to its intersection with the centerline of West 19th Place (formerly Johnson Place); Thence, northerly along the centerline of West 19th Place to its intersection with the westerly prolongation of the northerly line of Permanent Parcel Number (PPN) also known as Sublot No. 59 in H.H little s Subdivision as recorded in Cuyahoga County Map Records; Thence, easterly along said northerly line continuing along the westerly prolongation of the southerly line of PPN also known as Sublet No. 65 in Alfred Kellogg s Allotment of part of the Old Brooklyn Township Lot No. 87 as shown in Volume 11 of Maps Page 40 of Cuyahoga County Records to its intersection with the southwesterly corner of said parcel; Thence, north easterly along the westerly line of Sublet No. 65 continuing along the southerly prolongation of the westerly line of Sublet No. 77 also known as PPN to its intersection with the north easterly corner of said parcel; Thence, westerly along the prolongation of the northerly line of said parcel to its intersection with the southwesterly corner of PPN also known as Sublet No. 47 of Alfred Kellogg s Allotment of part of the Original Brooklyn Township Lot No. 87 as shown in Volume 11 of Maps Page 40 of Cuyahoga County Records; Thence, north easterly along the westerly line of said parcel to its intersection with the northwesterly corner of said Sublot No. 47; Thence, westerly along the easterly prolongation of the northerly line of said parcel to its intersection with a point, the southwesterly prolongation of westerly line of Sublot No. 42 or PPN ; Thence, northeasterly along said westerly line to its intersection with the centerline of Brevier Avenue; Thence, southeasterly along the centerline of Brevier Avenue to its intersection with the centerline of West 18th Place the point of origin; And as identified on the attached map shall be changed to a Two Family Residential District, a D Area District a 1 Height District; Section 2. That the Use District of ls bounded described as follows: Beginning at the intersection of the centerline of Starkweather Avenue the centerline of West 18th Place (formerly Little Place); 1228

31 July 25, 2018 The City Record 31 Thence, easterly along the centerline of Starkweather Avenue to its intersection with the centerline of Scranton Road; Thence, northeasterly along the centerline Scranton Road to its intersection with the centerline of Starkweather Avenue; Thence, easterly along the centerline of Starkweather Avenue to its intersection with the northerly prolongation of the westerly line of Sublot No. 143 in John C Jennings University Heights Subdivision of part of the Original Brooklyn Township Lots No. 71 & 87, as shown by recorded plat in Volume 1 of Maps, Page 15 of Cuyahoga County Records (also known as PPN ). Thence, southerly along the northerly prolongation of the westerly line of said parcel to its intersection with the southeasterly corner of said parcel; Thence, easterly along the southerly line of said parcel to its intersection with the northeasterly corner of PPN (Sublot No. 141 & 143); Thence, southerly along the easterly line of said parcel to its intersection with the southeasterly corner of PPN ; Thence, westerly along the southerly line of said parcel to its intersection with the northeasterly corner of PPN ; Thence southerly along the easterly line of said parcel to its intersection with the southwesterly corner of PPN ; Thence, westerly along the southerly line of said parcel to its intersection with the north westerly corner of PPN ; Thence, southerly along the westerly line of said parcel continuing along its southerly prolongation to its intersection with the centerline of Auburn Avenue; Thence, westerly along the centerline of Auburn Avenue to its intersection with the northwesterly prolongation of the westerly line of PPN ; Thence, southeasterly along said prolongation continuing along said westerly line to its intersection with the northerly line of PPN ; Thence, westerly along said northerly line to its intersection with the northeasterly corner of PPN ; Thence, southerly along the easterly line of said parcel continuing along its southerly prolongation to is intersection with the centerline of I-90 West; Thence, southerly westerly along the centerline of I-90 West to its intersection with the centerline of Scranton Road (formerly Brainard); Thence, north easterly along the centerline of Scranton Road to its intersection with the centerline of Auburn Avenue; Thence, westerly along the centerline of Auburn Avenue to its intersection with the centerline of West 18th Place (formerly Little); Thence, north easterly along the centerline of West 18th Place to its intersection with the centerline of Starkweather Avenue the point of origin; And as identified on the attached map shall be changed to a Local Retail Business District, a G Area District a 2 Height District; Section 3. That the Use District of ls bounded described as follows: Beginning at the intersection of the centerline of West 27th Street the easterly prolongation of the northerly line of a parcel of a parcel of l conveyed to Julia Roman Torres on January 19, 1978 is known as the northerly forty four feet (44 feet) of Sublot No. 10 or PPN as recorded in Volume 39, Page 2 of Cuyahoga County Map Records; Thence, southerly westerly along West 27th Street to its intersection with the centerline of Barber Avenue; Thence, westerly along the centerline of Barber Avenue to its intersection with the centerline of West 28th Place; Thence, northerly easterly along the centerline of West 28th Place (formerly Edison) to its intersection with the westerly prolongation of the northerly line of PPN ; Thence, easterly along said westerly prolongation of said northerly line to its intersection with the centerline of West 27th Street (Formerly Empress Street) its point of origin; And; Beginning at the intersection of the centerline of Barber Avenue the centerline of West 30th Street; Thence, southerly along the centerline of West 30th Street to its intersection with the centerline of Barber Court; Thence, easterly along the centerline of Barber Court to its intersection with the centerline of West 26th Place; Thence, southerly along the centerline of West 26th Place to its intersection with the centerline of Vega Avenue; Thence, westerly along the centerline of Vega Avenue to its intersection with southerly prolongation of the centerline of Pueblo Court; Thence, northerly along said prolongation to its intersection with the centerline of Barber Avenue; Thence, easterly along the centerline of Barber Avenue to its intersection with the centerline of West 32nd Place; Thence, northerly along the centerline of West 32nd Place to its intersection with westerly prolongation of the northerly line of a parcel of l conveyed by the City of Clevel to Donald Brun on December 1, 1998 known as Sublot No. 19 of the Original Brooklyn Township Lot No. 68 in A.M. McGregor s Re-Allotment of part of Baker McCluskey s Allotment of Original Brooklyn Township Lot No. 68 as recorded in Volume 12 of Maps, Page 14 of Cuyahoga County Records (PPN ) Thence, easterly along said westerly prolongation to of the northerly line continuing easterly to its intersection with the centerline of West 30th Street; Thence, south easterly southerly along West 30th Street to its intersection with the centerline of Barber Avenue its point of origin; And as identified on the attached map shall be changed to a Multi-Family Residential District, a D Area District a 1 Height District; Section 4. That the Use District of ls bounded described as follows: Beginning at the intersection of the centerline of Starkweather Avenue the centerline of I 90 West; Thence southerly westerly along the centerline of I-90 West to its intersection with the southerly prolongation of the westerly line of PPN ; Thence, northerly along said westerly line to its intersection with the north westerly corner of PPN a part of the Original Brooklyn Township No. 71 as recorded in Cuyahoga County Map Records; 1229

32 32 The City Record July 25, 2018 Thence, easterly along the northerly line of said parcel to its intersection with the south westerly corner of the easterly eight (8) feet of Subplot No. 171 an d the Westerly 32 feet of Sublot No. 173 in the J.G. Jennings Subdivision of the Original Brooklyn Township Lots No. 71 & 87 as recorded in Volume 1, Page 15 in Cuyahoga County Map Records (aka PPN ); Thence, northerly along the westerly line of said parcel to its intersection with the centerline of Auburn Avenue; Thence, easterly along the centerline of Auburn Avenue to its intersection with the southerly prolongation of the westerly line of PPN ; Thence, northerly along said prolongation to its intersection with the north westerly corner of said parcel; Thence, easterly along the northerly line of said parcel to its intersection with the southwesterly corner of PPN ; Thence, northerly along the westerly line of said parcel to its intersection with the northeasterly corner of PPN ; Thence, easterly along the southerly line of PPN to its intersection with the southwesterly corner of said parcel; Thence, northerly along the westerly line of said parcel continuing to its intersection with the north easterly corner of a parcel of l conveyed by the City of Clevel to Edwin Peckler on January 21, 1986 as record in Cuyahoga County Map Records (or PPN ); Thence, westerly along the southerly line of said parcel to intersection with the south westerly corner of a parcel of l conveyed known as PPN ) by Millie Bellamy to Angela Hodge on March 26, 2008 known as Sublot No. 95 in the Original Brooklyn Township Lot No. 87 ; Thence, northerly along the westerly line of said parcel its northerly prolongation to its intersection with the centerline of Starkweather Avenue; Thence, easterly along the centerline of Starkweather Avenue to its intersection with the centerline of I-90 West the point of origin; And; Beginning at the intersection of the centerline of the Clevel, Cincinnati, Chicago St. Louis Railroad the centerline of West 30th Street (formerly Mill Street); Thence, southeasterly along the centerline of West 30th Street to its intersection with the centerline of Queen Avenue (formerly North Avenue S.W.); Thence, easterly along the centerline of Queen Avenue to its intersection with the centerline of West 28th Place (formerly Edson Place); Thence southwesterly along the centerline of West 28th Place to its intersection with the centerline of Barber Avenue; Thence, westerly along the centerline of Barber Avenue to its intersection with the centerline of West 30th Street; Thence, northwesterly along the centerline of West 30th Street to its intersection with the centerline of Joy Court S.W.; Thence, southwesterly westerly along the centerline of Joy Court S.W. to its intersection with the centerline of West 32nd Place; Thence, southerly along the centerline of West 32nd Place to its intersection with the centerline of Barber Avenue; Thence, westerly along the centerline of Barber Avenue to its intersection with the southerly prolongation of the westerly line of PPN ; Thence, northerly along said southerly prolongation of said westerly line continuing to its intersection with the centerline of the Clevel, Cincinnati, Chicago St. Louis Railroad; Thence, northeasterly along the centerline of said railroad to its intersection with the centerline of West 30th Street (formerly Mill Street) the point of origin; And; Beginning at the intersection of the centerline of West 20th Street formerly Moltke the westerly prolongation of the northerly line of PPN conveyed by Millie Bellamy to Angela Hodge on March 26, 2008 known as Sublot No. 95 in the Original Brooklyn Township Lot No. 87 ; Thence, easterly along said northerly line to its intersection with the north easterly corner of said parcel; Thence, southerly along the westerly line of said parcel its south easterly prolongation to its intersection with the centerline of Moltke Court; Thence, easterly along the centerline of Moltke Court continuing to its intersection with the westerly line of PPN ; Thence, southerly along the westerly line of said parcel to its intersection with the southerly line of said parcel; Thence, easterly along said southerly line to its intersection with the north easterly corner of PPN ; Thence, southerly along the easterly line of said parcel to its intersection with the northerly line of a parcel of l conveyed by Miriel Ebert to Eugene Prate on November 3, 1997 known as PPN ; Thence, easterly along said northerly line to its intersection with the northeasterly corner of said parcel; Thence, southerly along said easterly line continuing along its southeasterly prolongation to its intersection with the northerly line of PPN also known as Sublot No. 63 in Hiriam H Little s Subdivision of Parts of the Original Brooklyn Township Lot Nos. 68 & 71 as recorded in Volume 5 of Maps, Page 50 of Cuyahoga County Records; Thence, westerly along said northerly line its prolongation to its intersection with the centerline of West 19th Place (formerly Johnson Street); Thence, northerly along the centerline of West 19th Place to its intersection with the centerline of Potter Court S.W.; Thence, westerly along the centerline of Potter Court to its intersection with the centerline of West 20th Street; Thence, northerly westerly along the centerline of West 20th Street(formerly Bismarck Moltke) to its intersection with the westerly prolongation of Sublot No. 95 the point of origin; And as identified on the attached map shall be changed to a Multi-Family Residential District, a G Area District a 2 Height District; Section 5. That the Use District of ls bounded described as follows: Beginning at the intersection of the centerline of Willey Avenue S.W. the centerline of the New York, Chicago St. Louis Railroad; 1230

33 July 25, 2018 The City Record 33 Thence, southerly easterly along the centerline of Willey Avenue S.W. to its intersection with the centerline of West 18th Street; Thence, southwesterly along West 18th Street to its intersection with the south easterly corner of Sublot No. 26 in Alfred Kellogg s Subdivision as part of the Original Brooklyn Township Lot No. 87 known as PPN as recorded in Volume 5 of Maps, Page 35 of Cuyahoga County Records; Thence, westerly along the southerly line of said parcel to its intersection with the westerly line of PPN ; Thence, southerly along said westerly line to its intersection with the mid-southerly line of PPN ; Thence, westerly along said mid-southerly line to its intersection with the north easterly corner of A. Kellogg s Sublot No. 42 as recorded in Volume 11 of Maps, Page 48 of Cuyahoga County Records known as PPN ; Thence, southerly along the westerly line of said parcel its southwesterly prolongation to its intersection with the centerline of Brevier Avenue (formerly Howard Avenue S.W.); Thence, south westerly along said prolongation to its intersection with the westerly prolongation of the northerly line of PPN ; Thence, easterly along said northerly line to its intersection with the westerly line of said parcel; Thence, southerly along said westerly line to its intersection with the southerly line of said parcel; Thence, easterly along said southerly line its prolongation to the north westerly corner of Sublot No. 77 or PPN in same original Brooklyn Township Lot; Thence, south westerly along the westerly line of said parcel its southerly prolongation to its intersection with the most southerly line of PPN ; Thence, westerly along the southerly line of said parcel to its intersection with the south easterly corner of PPN ; Thence, northerly along the easterly line of said parcel continuing to its intersection with the north easterly corner of PPN ; Thence, westerly along the northerly line of said parcel to its intersection with the southwesterly corner of a parcel of l conveyed to Keith Mills on December 28, 1998 an d known as Sublot No. 16 or PPN ; Thence, northerly along the westerly line of said parcel to its intersection tithe the centerline of Moltke Court; Thence, westerly along the centerline of Moltke Court to its intersection with the southeasterly prolongation of the westerly line of PPN ; Thence, north westerly along the westerly line of said parcel to its intersection with the southeasterly corner of a parcel of l conveyed by David Ebner to Willamette 20N LLC on June 23, 2015 are known as Sublots No. 96, 97, 98 in the Morison Allotment of part of the Original Brooklyn Township Lot No. 69 known as PPN as recorded in Volume 3, Page 12 of Cuyahoga County Records; Thence, westerly along the southerly line of said parcel to its intersection with the centerline of West 20th Street (formerly Bismarck Motke); Thence south easterly along the centerline of West 20th Street to its intersection with the centerline of Potter Court; Thence, westerly along the centerline of Potter Court S.W. to its intersection with the centerline of West 25th Street; Thence, southwesterly southerly along the centerline of West 25th Street to its intersection with the centerline of Vega Avenue; Thence, westerly along Vega Avenue to its intersection with the centerline of West 26th Place; Thence, northerly along West 26th Place to its intersection of the centerline of Barber Avenue; Thence, westerly along the centerline of Barber Venue to its intersection with the centerline of West 27th Street; Thence, north easterly then northwesterly along the centerline of West 27th Street to its intersection with the centerline of Swift Avenue; Thence, north easterly along the centerline of Swift Avenue to its intersection with the centerline of West 25th Street; Thence, northwesterly along the centerline of West 25th Street to its intersection with the centerline of the New York, Chicago St. Louis Railroad; Thence, northerly easterly along the centerline of said Railroad to its intersection with the centerline of Willey Avenue its point of origin; And as identified on the attached map shall be changed to a Limited Retail Business District, a G Area District a 2 Height District; Section 6. That the Use District of ls bounded described as follows: Beginning at the intersection of the centerline of Barber Avenue (formerly Second Street) the centerline of West 30th Street (formerly Mill Street); Thence, easterly along the centerline of Barber Avenue to its intersection with the centerline of West 26th Place; Thence, southerly along the centerline of West 25th Place to its intersection with the centerline of Barber Court; Thence, westerly along the centerline of Barber Court to its intersection with the centerline of West 30th Street; Thence, northerly along the centerline of West 30th Street to its intersection with the centerline of Barber Avenue the point of origin; And: Beginning at the intersection of the centerline of the Clevel, Cincinnati, Chicago St. Louis Railroad the northwesterly prolongation of the centerline of West 30th Street; Thence, southeasterly along the centerline of West 30th Street to its intersection with the centerline of the vacated Walworth Avenue; Thence, southwesterly southerly along said centerline to its intersection with the centerline of Train Avenue; Thence, southerly along the northerly prolongation of the westerly line of Sublot No. 4 parts of 5 & 6 in Baker & McCrosky s Subdivision of the Original Brooklyn Township Lot No. 68, recorded in Volume 3, Page 12 of Cuyahoga County Map Records also known PPN to its intersection with the centerline of Barber Avenue; Thence, westerly along the centerline of Barber Avenue to its intersection with the centerline of Pueblo Court; Thence, southerly along the centerline of Pueblo Court continuing to its intersection with the centerline of I-90 West; Thence, westerly along the centerline of I-90 West to its intersection with the centerline of Fulton Road; Thence, northerly northwesterly along the centerline of Fulton Road to its intersection with the northerly 1231

34 34 The City Record July 25, 2018 line of the Clevel, Cincinnati, Chicago St. Louis Railroad; Thence, north easterly along the northerly line of said railroad continuing along the northerly line of PPN to its intersection with the northwesterly prolongation of the centerline of West 30th Street the point of origin; And as identified on the attached map shall be changed to a Limited Retail Business District, an H Area District a 2 Height District; Section 7. That the Use District of ls bounded described as follows: Beginning at the intersection of the centerline of West 25th Street the centerline of the New York, Chicago, St. Louis Railroad; Thence, southeasterly along West 25th Street to its intersection with the northeasterly prolongation of the centerline of Swift Avenue; Thence, southwesterly along the centerline of Swift Avenue to its intersection with the centerline of West 27th Street; Thence, southeasterly along the centerline of West 27th Street to its intersection with the easterly prolongation of the southerly line of PPN also known as a parcel of l conveyed to Norfolk Southern Railway Co by Colombo Entprs Inc. on August 27, 1999 part of the Original Brooklyn Township Lot No. 69 part of the vacated lots roads in Morison Allotment as recorded in Volume 9, Page 6 of Cuyahoga County Map Records; Thence, westerly along the southerly line of said parcel to its intersection with the centerline of West 28th Place; Thence southwesterly along the centerline of West 28th Pace to its intersection with the centerline of Queen Avenue S.W.; Thence, westerly along the centerline of Queen Avenue to its intersection with the centerline of West 30th Street (formerly Mill Street); Thence, northwesterly along the centerline of West 30th Street to its intersection with the centerline of the Walworth Avenue S.W. Relocation; Thence, northerly easterly along said centerline to its intersection with the centerline of the New York, Chicago, St. Louis Railroad; Thence northerly easterly along the centerline of said Railroad to its intersection with the centerline of West 25th Street the point of origin; And as identified on the attached map shall be changed to a Semi-Industry District, a K Area District a 3 Height District; Section 8. That the change of zoning of ls described in Section 1 through 7 shall be identified as Map Change No. 2585, shall be made upon the Building Zone Maps of the City of Clevel on file in the office of the Clerk of Council on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 9. That this ordinance allowed by law. Referred to Directors of City Planning Commission. Law; Committee on Development Planning Sustainability. 1232

35 July 25, 2018 The City Record 35 Ord. No By Council Member Griffin. An ordinance establishing the Cedar Avenue Design Review District along ls south of Euclid Avenue between East 79th Street East 83rd Street, as well as along Cedar Avenue between East 78th Street East 101st Street (Map Change No. 2584). Whereas, the City Planning Commission has determined that the proposed Cedar Avenue Design Review District meets the criteria for designation outlined in Section of Chapter 341 of the Codified Ordinances of the City of Clevel, Ohio, now, therefore Section 1. That the Cedar Avenue Design Review District is hereby established includes ls located south of Euclid Avenue between East 79th Street East 83rd Street, ls south of Carnegie Avenue between East 79th Street East 86th Street as well as along Cedar Avenue between East 78th Street East 101st Street as shown on the attached map. Section 2. That the designation of the area described in Section 1 hereof as the Cedar Avenue Design Review District shall be identified as Map Change Number 2584, shall be made upon the Building Zone Maps of the City of Clevel on file in the office of the City Planning Commission by the appropriate person designated for such purpose by the City Planning Commission. Section 3. That this ordinance allowed by law. Referred to Directors of City Planning Commission, Law; Committee on Development Planning Sustainability. Ord. No By Council Member Brancatelli (by departmental request). An ordinance to amend Sections , , , , of the Codified Ordinances of Clevel, Ohio, 1976, as amended by various ordinances, relating to side yard setbacks, parking spaces sizes, residential garage placement size, conditional uses in the Pedestrian Retail Overlay; to supplement the codified ordinances by enacting new Section relating to the definition of Lot Interior. Section 1. That the following sections of the Codified Ordinances of Clevel, Ohio, 1976: Section , as amended by Ordinance No , passed June 30, 1958, Section , as amended by Ordinance No , passed October 4,

36 36 The City Record July 25, 2018 Section , as amended by Ordinance No , passed November 27, 2012, Section , as amended by Ordinance No A-48, passed December 19, 1949, Section , as amended by Ordinance No , passed May 21, 2012 are amended to read as follows: Section Accessory Parking Space Accessory parking space means an area open or enclosed, of not less than one hundred eighty (180) one hundred fifty-three (153) square feet accessible from a street, exclusive of drives or access area to be used solely for the storage or parking of motor vehicles for use by the owner, tenants, visitors, patients, clients, customers or employees of the main building, structure or l use. Off-street loading requirements shall not be considered as accessory off-street parking spaces. Section Accessory Uses in Residence Districts (a) Permitted Accessory Uses. The following accessory uses buildings are permitted in a Residence District. Attached detached garages shall be regulated as described in division (a)(6) of this section. All other Such permitted accessory buildings shall be located on the rear half of the lot, a minimum of eighteen (18) inches from all property lines at least ten (10) feet from any main building on an adjoining lot in a Residence District. Accessory buildings shall not occupy more than forty percent (40%) of the area of the required rear yard, in the case of a corner lot, shall be located back of any required setback or specific building line. For side street yard regulations consult Sections to (1) Within a main building, the office of a surgeon, physician, clergyman, architect, engineer, attorney or similar professional person residing in such main building employing in the office not more than one (1) nonresident office or laboratory assistant. (2) Customary home occupation for gain carried on in the main building or in a rear building accessory thereto requiring only customary home equipment; provided that no nonresident help is employed for that purpose, no trading in merchise is carried on no personal physical service is performed, in a Limited One-Family District or in a One-Family District, no sign or other outward evidence of the occupation is displayed on the premises. (3) Agricultural uses, subject to the regulations of Section Section regarding the keeping of farm animals. (4) Private incinerators for the burning of refuse garbage produced on the same premises, provided that the construction is such as to assure immediate complete combustion freedom from offensive smoke, ash, unburned particles odors, a permit therefor is granted by the Commissioner of Environment. (5) Fences walls, as regulated in Chapter 358. (6) Garages parking spaces for the occupants of the premises, when the premises are used for other than residence purposes, for their employees, patrons guests. A. In a Dwelling House District the floor area of a private garage erected as an accessory building shall not exceed six hundred fifty (650) square feet unless the lot area exceeds four thous eight hundred (4,800) square feet in which event the floor area may be increased in the ratio of one (1) square foot for each twelve (12) square feet of additional lot area. B. In Multi-Family Districts, garages parking spaces erected or established as accessory uses shall be subject to the restrictions specified in Sections to Chapter 349. (6) Parking spaces for the occupants of the premises, when the premises are used for other than residence purposes, for their employees, patrons guests provided they are located in the rear half of the lot. A. Interior Lots. 1. Detached garages. Permitted provided they are located in the rear half of the lot. 2. Attached Garages. Permitted provided they are located in the rear half of the lot, or provided that they have their entire width height screened from a required or actual Front Yard Setback Building Line by an Active Use of at least 9 (nine) feet in depth. B. Corner Lots. 1. Lot width: more than 40' Attached Detached garages. Permitted provided they are located in the rear half of the lot. Garage doors fronting a Side Lot Line shall be set back a minimum of eighteen (18) feet from the Side Lot Line, or a minimum of fifty percent (50%) of the established Side Street Setback, whichever is greater. 2. Lot width: 40' or less a. Detached Garages. Permitted provided they are located in the rear half of the lot. Garage doors fronting a Side Lot Line shall be setback a minimum of 18 (eighteen) feet from the Side Lot Line. b. Attached Garages. Permitted provided they are located in the rear half of the lot. Garage doors fronting a Side Lot Line shall be setback a maximum of twenty-four (24) feet from the Interior Side Lot Line. Any garage door fronting a side Lot Line within eighteen (18) feet of a Side Lot Line shall be limited to a maximum of nine (9) feet in width. C. In a Dwelling House District the floor area of a private garage erected as an accessory building shall not exceed eight hundred (800) square feet unless the lot area exceeds four thous eight hundred (4,800) square feet in which event the floor area may be increased in the ratio of one (1) square foot for each twelve (12) square feet of additional lot area. D. In Multi-Family Districts, garages parking spaces erected or established as accessory uses shall be subject to the restrictions specified in Sections to Chapter 349. (7) Garage Sale or other Residential Property Sales, as defined in Section 676B.01(a), as long as they conform to the provisions in Chapter 676B. (8) Signs permitted in accordance with the requirements of Chapter 350. (9) Any other accessory use customarily incident to a use authorized in a Residence District except that no use prohibited in a Local Retail Business District shall be permitted as an accessory use. (b) Accessory Building Erected Prior to Erection of Main Building. An accessory building may be erected prior to the construction of the main building only if: (1) The accessory building is erected on the rear half of the lot; (2) The accessory building is so placed as not to prevent the practicable conforming location of the main building; 1234

37 July 25, 2018 The City Record 37 (3) The main building is completed within two (2) years from the date of issuance of the permit for the accessory building. Section Pedestrian Retail Overlay (PRO) District (a) Purpose. The Pedestrian Retail Overlay (PRO) District is established to maintain the economic viability of older neighborhood shopping districts by preserving the pedestrian-oriented character of those districts to protect public safety by minimizing conflicts between vehicles pedestrians in neighborhood shopping districts. (b) Mapping. The PRO District is an overlay district which shall be mapped only in an area where at least seventy-five percent (75%) of the underlying zoning is either Local Retail or General Retail. In every PRO District, any street frontage to be considered a Pedestrian Retail Street Frontage, as defined in this section, shall be marked on the Zoning Map, with either one (1) or both sides of a street designated as such. (c) Applicability. The PRO District regulations shall apply only in those portions of a PRO District in which the underlying zoning is either Local Retail or General Retail. In the relevant portions of a PRO District, the regulations of the underlying zoning district shall govern except where in conflict with the regulations of the PRO District, in which case the regulations of the PRO District shall govern. (d) Definitions. As used in this section, the following terms shall be defined as stated below: (1) Pedestrian Retail Street Frontage means that side or sides of a public street frontage where pedestrianoriented retail shopping activity exists or is expected to exist such street frontage is specifically designated on the Zoning Map. (2) Pedestrian Retail Space means that portion of a building or property located at or closest to the level of the public sidewalk within forty (40) feet of a Pedestrian Retail Street Frontage. (3) Open Sales Lot means a property or portion of a property used for the sale of merchise stored in outdoor, unenclosed locations. (4) Institutional Use means, for purposes of this section, a school, day care center, place of worship, place of assembly, hospital, nursing home, residential treatment facility, or similar use. (5) Non-Retail Office means an office use whose primary activity does not involve service to customers or clients on the premises. (e) Use Regulations. All uses permitted in the underlying retail zoning district shall be permitted in the PRO District, except that the use of Pedestrian Retail Spaces, as defined in this section, shall be further limited as follows. (1) Prohibited Uses. For Pedestrian Retail Spaces, as defined in this section, the following uses shall be prohibited: A. Open sales lots, as defined in this section; B. Filling service stations; C. Car washes; D. Any business served by a drive-through lane providing access to windows or other facilities at which food or merchise can be ordered or picked up, or business can be transacted by a person in a motor vehicle. (2) Conditional Uses. For Pedestrian Retail Spaces, as defined in this section, the following uses shall be permitted as Conditional Uses, as approved by the City Planning Commission under the approval criteria provided in this section: A. Off-street parking or loading areas; B. Driveways extending across a public sidewalk; C. Residential, institutional non-retail office uses, as defined herein, except that ground-floor entrances lobbies serving such uses located on upper floors or in a basement level shall be permitted without the requirement for conditional approval; D. Any building-enclosed use that does not have a public pedestrian entrance from the Pedestrian Retail Street Frontage; E. Any use with more than forty (40) feet of frontage along the Pedestrian Retail Street Frontage; F. E. A building with an interior side yard more than four (4) feet in width located within forty (40) feet of a Pedestrian Retail Frontage. (f) Criteria for Conditional Uses. The City Planning Commission shall approve a Conditional Use application if it determines that the application meets the following criteria: (1) In the case of a proposed residential, institutional or non-retail office use, one (1) or more of the following conditions apply: A. The subject building space was designed specifically for the type of use proposed, as such, occupancy by an allowed use is an unreasonable expectation; B. Denial of the application for occupancy by a conditional use would result in a long-term vacancy of the subject property, as demonstrated by the applicant; C. It has been determined that the proposed use is needed in the immediate area that suitable alternative locations are unavailable. (2) In the case of a proposed off street parking or loading area or driveway, one (1) or both of the following conditions apply. A. The size, shape or layout of the subject property does not permit placement of the parking, loading or driveway in a more suitable location. B. It has been demonstrated by the applicant that placement of the parking, loading or driveway in an allowed location would jeopardize the continued occupancy of the subject property by uses suited to the PRO District. (3) In the case of a building enclosed use that does not have an entrance from the Pedestrian Retail Street Frontage, one (1) or both of the following conditions apply: A. The proposed use will occupy an existing building that lacks such pedestrian entrance, the addition of a conforming pedestrian entrance is made infeasible by the configuration of the interior space or other factors related to the design placement of the building. B. Placement of the pedestrian entrance in a location other than on the Pedestrian Retail Street Frontage will result in more suitable pedestrian access. (4) In the case of a proposed use with more than forty (40) feet of frontage along the Pedestrian Retail Street Frontage, the subject space was designed for use at such size the proposed use, in the determination of the City Planning Commission, will not have adverse impacts on the functioning of nearby pedestrian-oriented retail uses. 1235

38 38 The City Record July 25, 2018 (5) (4) In the case of an interior side yard more than four (4) feet in width located within forty (40) feet of a Pedestrian Retail Frontage, the subject building will be occupied by residential units which require the greater side yard area to allow for desirable levels of light air. (g) Maximum Setbacks. Notwithsting the provisions of the underlying zoning district, properties in PRO Districts shall conform to the following regulations with respect to maximum setbacks. (1) Front Street Yard. No main building on a lot abutting a Pedestrian Retail Street Frontage shall be set back more than five (5) feet from the Pedestrian Retail Street Frontage unless the City Planning Commission has approved establishment of a surface parking lot in such location as a Conditional Use. Such building features as entrances display windows may be set back up to an additional five (5) feet as long as these features occupy no more than fifty percent (50%) of the building's total frontage. These setback regulations shall not apply to portions of buildings above the first-story level. (2) Interior Side Yard. No portion of an interior side yard located within forty (40) feet of a Pedestrian Retail Street Frontage shall exceed four (4) feet in width on the ground floor level, unless the City Planning Commission has approved a driveway or a residential side yard in such location as a Conditional Use. (3) Exceptions for Outdoor Cafes. A building may be set back a maximum of fifteen (15) feet from the Pedestrian Retail Street Frontage in order to accommodate a permanent outdoor café. If use of such café is discontinued for a period of two (2) years or more, the setback area shall be lscaped or otherwise improved in accordance with a plan approved by the City Planning Commission. (h) Window Areas. For any nonresidential building or storefront facing a Pedestrian Retail Street Frontage, not less than sixty percent (60%) of the front facade between two one-half (2-1/2) seven one-half (7-1/2) feet in height shall be composed of transparent windows or doors. In addition, not more than twenty-five percent (25%) of such window or door area on a building or storefront shall be covered with permanent signs. (i) Parking. In recognition of the expected greater use of public transit, bicycles walking by customers employees traveling to PRO Districts, the minimum number of parking spaces otherwise required by the Zoning Code shall be reduced by thirty-three percent (33%) for retail business uses in the districts. The Board of Zoning Appeals may further reduce parking requirements where it has been demonstrated that additional parking is available in common or shared parking facilities or in on-street parking areas located within a reasonable walking distance of the use, given the nature of the use the district. The Board shall also consider factors as the number of bicycle racks available in proximity to a use. In making its determination, the Board shall be guided by an up-to-date analysis of parking supply dem other relevant factors submitted by or on behalf of the applicant. The City Planning Commission shall maintain a file of all such parking analyses submitted for properties in each PRO District. (j) Signs in the Public Street Right-of-Way. An ordinance to map a PRO District in a particular location may include permission to place private signs in the public street right-of-way under the regulations of Chapter 512 of the Codified Ordinances. Such provision shall be included in the PRO designation only if it is determined, on the basis of a survey analysis conducted by the City Planning Commission, that the particular PRO District is characterized by a preponderance of restaurants small independent stores for which signs placed near the street curb would provide useful information to pedestrians seeking goods services would enhance the pedestrian-oriented image of the district. Any PRO District designated for display of signs in the street right-ofway shall be shown on the Zoning Map as a PRO-S District, with S noting the presence of special sign provisions. No sign permitted by these provisions shall be displayed without design approval of the sign's structure permanent elements by the City Planning Commission, or where applicable, by the Lmarks Commission. (k) Variances. The Board of Zoning Appeals may grant variances to requirements of this section under the applicable criteria stated in Chapter 329 of this code. In the case of an appeal for a variance to permit a drivethrough business in a PRO District, the Board shall consider the following factors based, in part, on a traffic study performed by the applicant: (1) The anticipated volume of vehicular use of the proposed drive-through facility, with higher volumes considered to detract from the pedestrian character of the district; (2) The anticipated proportion of drive-through customer transactions to all transactions at the business, with over fifty percent (50%) of drive-through transactions indicating that the business is an inappropriate use for a Pedestrian Retail District. (3) The impact of the drive-through facility on the pedestrian character of the designated Pedestrian Retail Street Frontage; (4) The impact on traffic safety pedestrian safety in the vicinity of the drive-through business. (l) Appeals. Appeals from the decision of the City Planning Commission to approve or disapprove Conditional Uses in Pedestrian Retail Spaces shall be made to the Board of Zoning Appeals. Section Required Interior Side Yards (a) Where Required. (1) Except for Class B Multiple Dwellings located within the Central Business District defined in Section , interior side yards conforming to the provisions of this section shall be provided maintained along the interior side lot lines of all buildings or parts of buildings of Residential Occupancy or Institutional H Occupancy Classification irrespective of the use district in which they are located. An interior side yard provided for a Class B Multiple Dwelling in the Central Business District shall conform to the provisions of Section (2) Interior side yards conforming to the provisions of this Zoning Code shall be provided maintained along the interior side lot lines of all main buildings in Residence Districts irrespective of the occupancy classification of the building. (b) Width. (1) Limited One-Family Districts. In a Limited One-Family District the minimum width of an interior side yard shall be five (5) feet the aggregate width of side yards on the same premises shall be not less than twenty (20) feet. No building shall be erected less than twenty (20) feet from a main building on an adjoining lot within such District, nor less than ten (10) feet from a main building on an adjoining lot in other Residence Districts. (2) Other Residence Districts. A. In Residence Districts other than Limited One-Family Districts the aggregate width of side yards on the same premises shall be not less than one-half (1/2) the height of the main building but in no case less than ten (10) feet. No building shall be erected less than ten (10) feet from a main building on an adjoining lot within such Residence Districts. 1236

39 July 25, 2018 The City Record 39 B. In a One-Family District or in a Two-Family District no interior side yard, except as provided in subsection (b)(1) hereof, in any use district no interior side yard on a lot occupied by a dwelling house shall be less than five (5) feet in width for a corner lot, nor less than three (3) feet in width for an interior lot, nor shall the aggregate width of side yards on the same premises be less than ten (10) feet. However, the width of any such interior side yard shall in no case be less than one-fourth (1/4) the height of the main building on the premises. C. In Multi-Family Districts no interior side yard, in any use district not a Residence District no required interior side yard in connection with multiple dwellings or buildings of Institutional H Occupancy Classification except Class B Multiple Dwellings located within the Central Business District defined in Section , shall be less in width than one-fourth (1/4) the height of the main building on the premises nor less than eight (8) feet. However, when the length of such main building measured parallel to an adjoining interior lot line exceeds forty (40) feet, the area of that part of the interior side yard abutting the building, including the area of any outer court opening on such interior side yard, shall be not less than one- third (1/3) the height of the building multiplied by the length of the building measured parallel to the adjoining interior lot line; provided further that when the side yard provides all required light ventilation for all the habitable rooms of any dwelling unit, such area shall be not less than one-half (1/2) the height of the building multiplied by the length of the building. Where applicable Min. distance to Aggregate width of Min. distance property line side yards between main buildings on adjoining lots A. Limited One Family 5' 20' Limited One Family District: 20' Other Residence Districts: l0' B. One Family 1/2 height of main No requirement 10' building or min. 10' C. Two Family 3' 6' 10' D. Multi-Family One or Two 3' 6' 10' family Building Multi-Family 7' 14' 10' Building E. All other Residence Districts 5' 10' 10' F. All other Abutting a Districts Residence 7' 10' District No requirement Abutting all other Districts 0' 0' (3) Irregularly Shaped Lots. In the case of an irregular, triangular or segment-shaped lot, the required width of a required interior side yard shall be interpreted to mean the average width, provided that no such required interior side yard on any lot shall be less than three (3) feet in width at any point. (4) Interior Side Yards Adjoining Alleys. A. An alley line at the side of a lot shall be deemed to be an interior side lot line. B. The half-width of an alley abutting parallel to the side line of a lot may be considered as part of an interior side yard required on that side. However, in all cases a setback from the alley line of not less than three (3) feet shall be provided. (5) Interior Side Yards Adjoining Nonconforming Side Yards. For a period of one (1) year from after January 29, 1950, in Multi-Family Districts on any lot where the adjoining interior side yard of an existing building does not conform to the provisions of subsection (b)(2)c. hereof, the minimum width area of the interior side yard on that side may be the average between the requirements specified in subsection (b)(2)c. hereof, such existing adjoining side yard, but if such existing side yard is less in width than one-sixth (1/6) its building height (the ordinance requirement in effect prior to the adoption of Ordinance 2204-A-48) then the existing side yard shall be figured at one-sixth (1/6) the height of its building. Section Yard Encroachments Permitted Required yard spaces shall be maintained free unobstructed except for trees shrubbery,, in interior side or rear yards, cloths, poles, arbors, garden trellis similar accessories, except that the following encroachments shall be permitted. (a) Underground Garage or Accessory Space in Multi-Family Districts. Within the required yard spaces back of the setback building line in a Multi-Family District, an underground garage or other accessory space may be constructed provided the height of such structure, including parapets, piers or railings, shall not exceed five (5) feet above the grade level, provided such structure does not prevent free access to the rear yard. (b) Front Yard Side Street Yard Encroachments. Except as restricted or limited by other provisions of this Zoning Code, the following front yard side street yard encroachments shall be permitted in any use district: (1) Front yard side street yard encroachments permitted under Chapter 3109, Chapter 3113, except that in a Dwelling House District no entrance canopy shall be erected, no marquees or fixed or retractable awning shall project more than six (6) feet beyond the building line or within ten (10) feet of the street line. (2) Steps lings, their appurtenant railings, balustrades parapets, leading up or down to floor levels directly above or below the grade level. 1237

40 40 The City Record July 25, 2018 (3) Fences walls, as regulated in Chapter 358. (4) Open porticos or porches projecting not more than six (6) eight (8) feet, enclosed porches, balconies or vestibules projecting not more than four (4) feet balconies projecting not more than three (3) feet, provided they do not extend within ten (10) feet of the street line do not aggregate a vertical area in any story more than twenty percent (20%) of the area of the facade in that story. (5) Structures permitted by division (a) of Section , division (a) of Section Section or where not so permitted, gasoline pump isls, sign poles or similar temporary easily removable structures, provided that conditional temporary permits therefore are granted, subject to appropriate conditions safeguards by the Board after public notice public hearing, provided, further, that the erection, maintenance use thereof do not conflict with the intent purposes of this Zoning Code. (6) For one (1) to four (4) family dwelling structures, wheelchair lifts, including platform appurtenant structures, set back a minimum of five (5) feet from any public right-of-way a minimum of three (3) feet setback from any other property line, to be removed when no longer in use. (7) For one (1) to four (4) family dwelling structures, wheelchair ramps set back a minimum of five (5) feet from any public right-of-way a minimum of three (3) feet from any other property line, to be removed when no longer in use, meeting slope requirements all other requirements of the Ohio Building Code, as determined by collaboration between the City Planning Commission office the Department of Building Housing: A. designed to minimize the length of the ramp; B. located in a side yard or rear yard unless such placement is determined to be infeasible, thereby necessitating location in a front yard. (c) Rear Yard Interior Side Yard Encroachments. Except as restricted or limited by other provisions of this Zoning Code, the following rear yard interior side yard encroachments shall be permitted in any use district: (1) In rear yards only, accessory buildings uses in connection with Residence Occupancy as defined limited in Section , similar accessory buildings uses in connection with buildings of Institutional H Occupancy Classification. Accessory buildings or uses attached or forming part of a main building shall be permitted to encroach upon such rear yards to the extent permitted for detached accessory buildings or uses. (2) Projections for architectural embellishment listed in Section , provided that no main cornice or eaves shall project into a required yard more than two (2) feet, measured horizontally, no bar or oriel shall be constructed in a required interior side yard none shall project into a required rear yard more than eighteen (18) inches, no other projection shall exceed the maximum permissible projection specified in Section or be so located as to materially obstruct natural light or ventilation. (3) Fixed awnings, as permitted by Section (4) Retractable awnings, as permitted by Section (5) Steps, lings their appurtenant railings, balustrades parapets, leading up or down to floor levels directly above or below the grade level, not extending nearer than one (1) foot to a rear or side lot line. (6) Chimneys projecting not more than thirty-two (32) inches, downspouts projecting not more than twelve (12) inches, ventilating ducts or pipes projecting not more than thirty-two (32) inches having a maximum aggregate cross-sectional area in any yard at any level or one thous twenty-four (1,024) square inches. (7) Fences, walls, hedges or other barriers, as regulated in division (a)(6) of Section (d) Temporary Structures. Temporary offices, bridges, barricades similar structures required for incident to building construction. Section 2. That the following existing sections of the Codified Ordinances of Clevel, Ohio, 1976: Section , as amended by Ordinance No , passed June 30, 1958, Section , as amended by Ordinance No , passed October 4, 2010 Section , as amended by Ordinance No , passed November 27, 2012, Section , as amended by Ordinance No A-48, passed December 19, 1949, Section , as amended by Ordinance No , passed May 21, 2012 are repealed. Section 3. That the Codified Ordinances of Clevel, Ohio, 1976, are supplemented by enacting new Section to read as follows: Section Lot, Interior Lot, Interior means a lot other than a corner lot. Section 4. That this ordinance is, provided it receives the affirmative vote of two-thirds of all immediately upon its passage from after the earliest period Referred to Directors of City Planning Commission, Law; Committee on Development Planning Sustainability. FIRST READING EMERGENCY RESOLUTION REFERRED Res. No By Mayor Jackson. An emergency resolution declaring this Council s desire that Clevel Beit Shean Valley of Springs, Israel establish a sister city relationship authorizing the Mayor to enter into such agreement execute such documents that are necessary to implement the relationship. Whereas, Beit Shean, Israel, Valley of Springs, which is the regional government for the area surrounding the City of Beit Shean ( Beit Shean Valley of Springs ), are home to approximately 29,000 people; Whereas, its residents came to Israel from many different communities in Europe, North Africa the Middle East like Clevel, is a community of immigrants; Whereas, in 1995, Beit Shean, Valley of Springs, the Jewish Federation of Clevel (the Federation ) began its partnership has grown deepened over the past 23 years; Whereas, the Federation has invested huge resources into its 1238 work on community economic development of Beit Shean Valley of Springs has developed numerous educational cultural exchange programs that have connected thouss of Clevelers to Beit Shean Valley of Springs; Whereas, over the past three years, the Federation brought non- Jewish Clevel leaders to Beit Shean Valley of Springs, including civic leaders community development professionals, who are engaged in the Federation s work in the St. Clair-Superior neighborhood;

41 July 25, 2018 The City Record 41 Whereas, these exchanges are already yielding specific results in the areas of youth engagement for a program that is in development at the Clevel Public Library modeled after a Beit Shean teen engagement program, cultural programs with the possible development of a program to connect African-American youth with elderly leaders in the Civil Rights movement modeled after an existing program that connects young Jewish adults with Holocaust survivors, more, including additional possibilities for business-to-business cooperation knowledge sharing; Whereas, in addition to Clevelers traveling to Beit Shean, residents of Beit Shean also visit Clevel annually; for the immediate preservation of the public peace, property, health or safety in that peace in the world can only be assured thrugh a strengthening of relationships among the world s people; now, therefore, Section 1. That this Council, desiring that the City of Clevel Beit Shean Valley of Springs, Israel, establish a sister city relationship, authorize the Mayor to enter into such agreements execute such documents that are necessary to implement the sister city relationship on such terms conditions as the Director of Law determines are in the best interest of the general public. Section 2. That this resolution is, provided it receives the immediately upon its adoption Referred to Director of Law; Committee on Finance. FIRST READING EMERGENCY ORDINANCES READ IN FULL AND PASSED Ord. No By Council Members Johnson Kelley (by departmental request). An emergency ordinance to amend Section 2 of Ordinance No , passed April 10, 2017, relating to the purchase by one or more requirement contracts of trees labor materials needed for urban forestry services, including but not limited to, maintaining planting trees removing trees, stumps tree waste material. Section 1. That Section 2 of Ordinance No , passed April 10, 2017 is amended to read as follows: Section 2. That the costs of the contract or contracts shall be paid from Fund Nos. 20 SF 568, 20 SF 574, 20 SF 579, 20 SF 586, from the fund or funds which are credited the proceeds from the sale of future bonds, if issued for this purpose, shall also be charged against the proper appropriation accounts the Director of Finance shall certify the amount of any purchase under the contract, each of which purchases shall be made on order of the Commissioner of Purchases Supplies by a delivery order issued against the contract or contracts certified by the Director of Finance. (RQN 7012, RL RQN 7012, RL ) Section 2. That existing Section 2 of Ordinance No , passed April 10, 2017 is repealed. Section 3. That this ordinance is, provided it receives the Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Zone Kelley (by departmental request). the Director of Public Safety to enter into amendments to Contract No. PS with Hillard Heintze, LLC, to provide additional services relating to civilian complaints filed with the City s Office of Professional Stards in 2015, 2016, Whereas, under Ordinance No , passed February 12, 2018, this Council authorized the Director of Public Safety to enter into Contract No. PS with Hillard Heintze, LLC ( Hillard Heintze ) for professional services necessary for the initial assessment of non-criminal civilian complaints filed with the Office of Professional Stards in 2015, 2016, 2017; Whereas, Hillard Heintze has completed the initial assessment, additional services are now needed for a comprehensive evidentiary review to determine those complaints that can be brought forward to a disciplinary outcome those that should be closed for insufficient evidence to support an investigative outcome; Section 1. That the Director of Public Safety is authorized to enter into amendments to Contract No. PS with Hillard Heintze to provide additional services to complete a comprehensive evidentiary review of all complaints filed during 2015, 2016, 2017 to determine which of those complaints can be brought forward to a disciplinary outcome which can be closed for insufficient evidence to support an investigative outcome. Section 2. That the costs of the contract amendments shall be paid from Fund No , RQS 6008, RL Section 3. That this ordinance is, provided it receives the Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 15. Nays 1. Those voting yea: Council Members Bishop, Brady, Brancatelli, Clevel, Conwell, Griffin, Hairston, B. Jones, J. Jones, Johnson, Keane, Kelley, McCormack, Polensek, Zone. Those voting nay: Council Member Kazy. Ord. No By Council Member Kelley. the Clerk of Council to enter into an agreement with Saint Martin De Porres High School Work Study Program to participate as a sponsor of students for work/study positions with Clevel City Council. Section 1. That the Clerk of Council is authorized to enter into an agreement with Saint Martin De Porres High School Work Study Program to participate as a sponsor of students for work/study positions with Clevel City Council. This agreement shall be entered into as of August 1, 2018 shall terminate July 31, Clevel City Council shall provide sponsorship for up to four students at a time during the term. The agreement shall be certified for $36, shall be certified from fund number 01, subfund 001, department 0101, object Section 2. That this ordinance is measure, provided it receives it Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Kelley. the Clerk of Council to enter into an agreement with Raul SoundCom Systems for the professional services necessary to maintain support the audio video systems for the Mercedes Cotner Committee Room Council Chamber for Clevel City Council.

42 42 The City Record July 25, 2018 Section 1. That the Clerk of Council is authorized to enter into an agreement with Raul SoundCom Systems for the professional services necessary to maintain support the audio video systems for the Mercedes Cotner Committee Room Council Chamber, as set forth in its proposal dated June 26, 2018, for the initial certified amount of $2,750.00, for a period of one year with three one-year options to renew at the Clerk s discretion. Section 2. That the cost of all services under this agreement shall be paid from Fund No , , , /or Section 3. That this ordinance is measure, provided it receives it Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Hairston. An emergency ordinance to add the name James E. Slim Parks, Sr. Way as a secondary honorary name to North Marginal Road between Martin Luther King, Jr. Drive East 72nd Street. Section 1. That, notwithsting as an exception to the Codified Ordinances of the City of Clevel, 1976, the name James E. Slim Parks Sr. Way shall be added as a secondary honorary name to North Marginal Road between Martin Luther King, Jr. Drive East 72nd Street. Section 2. That this ordinance is measure, provided it receives it Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Kelley (by departmental request). payment of membership dues of the City of Clevel in Global Clevel for Section 1. That the Director of Finance is authorized to cause payment of membership dues of the City of Clevel in the amount of $50,000 to be made to Global Clevel for 2018, from funds approved by the Director of Finance. Section 2. That this ordinance is measure, provided it receives it Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members J. Jones, McCormack, Johnson, Polensek, Zone Kazy. the Director of the Department of Public Works to enter into agreement with the American Lebanese Community Council for the Lebanese Cultural Garden Project through the use of Wards 1, 3, 4, 8, Casino Revenue Funds. Section 1. That the Director of the Department of Public Works is hereby authorized to enter into agreement effective June 1, 2018, with the American Lebanese Community Council for the Lebanese Cultural Garden Project for the public purpose of promoting the history of the Lebanese community through historical displays within the Lebanese Cultural Garden for city of Clevel residents through the use of Wards 1, 3, 4, 8, Casino Revenue Funds. Section 2. That the cost of said contract shall be in an amount not to exceed $7,250 shall be paid from Fund No. 10 SF 188. Section 3. That the Director of Law shall prepare approve said contract that the contract shall contain such terms provisions as he deems necessary to protect the City s interest. Section 4. That this ordinance is measure, provided it receives it Motion to suspend rules, Charter, statutory provisions place on final passage third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members J. Jones, Bishop Johnson. the Director of the Department of Aging to enter into agreement with the First Street Coalition or with its designated fiscal agent Mt. Pleasant NOW Development Corporation for the Mt. Pleasant INFO Neighborhood Magazine Project through the use of Wards 1, 2 4 Casino Revenue Funds. Section 1. That the Director of the Department of Aging is hereby authorized to enter into an agreement effective June 1, 2018 with the First Street Coalition or with its designated fiscal agent Mt. Pleasant NOW Development Corporation for the Mt. Pleasant INFO Neighborhood Magazine Project for the public purpose of providing a community magazine providing information promoting senior citizen services in the city of Clevel through the use of Wards 1, 2 4 Casino Revenue Funds. Section 2. That the cost of said contract shall be in an amount not to exceed $8,000 shall be paid from Fund No. 10 SF 188. Section 3. That the Director of Law shall prepare approve said contract that the contract shall contain such terms provisions as he deems necessary to protect the City s interest. Section 4. That this ordinance is measure, provided it receives it Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members McCormack Zone. the Director of the Department of Public Health to enter into agreement with Near West Side Multi-Service Corporation DBA May Dugan Center for the Emergency Food Assistance Program through the use of Wards 3 15 Casino Revenue Funds. Section 1. That the Director of the Department of Public Health is hereby authorized to enter into

43 July 25, 2018 The City Record 43 agreement effective January 1, 2018 with Near West Side Multi-Service Corporation DBA May Dugan Center for the Emergency Food Assistance Program for the public purpose of providing healthy nutritious food to low income residents residing in the city of Clevel through the use of ward 3 15 casino revenue funds. Section 2. That the cost of said contract shall be in an amount not to exceed $17,500 shall be paid from Fund No. 10 SF 188. Section 3. That the Director of Law shall prepare approve said contract that the contract shall contain such terms provisions as he deems necessary to protect the City s interest. Section 4. That this ordinance is measure, provided it receives it Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members McCormack Zone. An emergency ordinance amending the Title Section 1 of Ordinance No , passed June 4, 2018 as it pertains to the Spanish American Committee for a Better Community for the Relief for Refugee Families Displaced by Natural Disaster Program through the use of Wards 3 15 Casino Revenue Funds. Section 1. That the Title Section 1 of Ordinance No , passed June 4, 2018 are hereby amended to read as follows: the Director of the Department of Public Health to enter into an agreement with the Spanish American Committee for a Better Community for the Relief for Refugee Families displaced by Natural Disaster Program through the use of Wards 3 15 Casino Revenue Funds. Section 1. That the Director of the Department of Public Health is hereby authorized to enter into agreement effective January 1, 2018 with the Spanish American Committee for a Better Community for the Relief for Refugee Families displaced by Natural Disaster Program for the public purpose of providing social service public health referrals assistance to city of Clevel residents who are refugees displaced by natural disasters in their home country through the use of Wards 3 15 Casino Revenue Funds. Section 2. That the Title Section 1 of Ordinance No , passed June 4, 2018 are hereby repealed. Section 3. That this ordinance is measure, provided it receives it Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member McCormack. An emergency ordinance amending the Title Section 1 of Ordinance No passed March 26, 2018, as it pertains to the Halfmoon Bakery Project through the use of Ward 3 Casino Revenue Funds. Section 1. That the Title Section 1 of Ordinance No passed March 26, 2018 are hereby amended to read as follows: the Director of the Department of Economic Development to enter into agreement with Half Moon Bakery LLC for the Halfmoon Bakery Project through the use of Ward 3 Casino revenue Funds. Section 1. That the Director of the Department of Economic Development is hereby authorized to enter into agreement effective October 1, 2017 with Half Moon Bakery LLC for the Halfmoon Bakery Project for the public purpose of promoting business development new job creation in the city of Clevel through the use of Ward 3 Casino Revenue Funds. Section 2. That the Title Section 1 of Ordinance No passed March 26, 2018 are hereby repealed. Section 3. That this ordinance is measure, provided it receives it Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member McCormack. the Director of the Department of Public Health to enter into agreement with The Merrick House for the Merrick House Neighborhood Center Healthy Living Program through the use of Ward 3 Casino Revenue Funds Section 1. That the Director of the Department of Public Health is hereby authorized to enter into agreement effective June 1, 2018 with The Merrick House for the Merrick House Neighborhood Center Healthy Living Program for the public purpose of providing health education on child care, healthy families, health wellness for residents residing in the city of Clevel through the use of Ward 3 Casino Revenue Funds. Section 2. That the cost of said contract shall be in an amount not to exceed $10,000 shall be paid from Fund No. 10 SF 188. Section 3. That the Director of Law shall prepare approve said contract that the contract shall contain such terms provisions as he deems necessary to protect the City s interest. Section 4. That this ordinance is measure, provided it receives it Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member McCormack. An emergency ordinance amending Section 2 of Ordinance No , passed June 4, 2018, as it pertains to authorizing the Director of the City Planning Commission to enter into agreement with Tremont West Development Corporation for the Tremont Lincoln Heights Planning Study through the use of Ward 3 Casino Revenue Funds. Section 1. That Section 2 of Ordinance No , passed June 4, 2018, is hereby amended to read as follows: Section 2. That the cost of said contract shall be in an amount not to exceed $10,000 shall be paid from Fund No. 10 SF 188. Section 2. That Section 2 of Ordinance No , passed June 4, 2018, is hereby repealed. Section 3. That this ordinance is measure, provided it receives it Motion to suspend rules, Charter, statutory provisions place on final passage.

44 44 The City Record July 25, 2018 third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member McCormack. the Director of the Department of Public Works to enter into agreement with Ukrainian Museum Archives for the Ukrainian Clevel History Expo through the use of Ward 3 Casino Revenue Funds. Section 1. That the Director of the Department of Public Works is hereby authorized to enter into agreement effective June 1, 2018, with Ukrainian Museum Archives for the Ukrainian Clevel History Expo through the use of Ward 3 Casino Revenue Funds. Section 2. That the cost of said contract shall be in an amount not to exceed $5,000 shall be paid from Fund No. 10 SF 188. Section 3. That the Director of Law shall prepare approve said contract that the contract shall contain such terms provisions as he deems necessary to protect the City s interest. Section 4. That this ordinance is measure, provided it receives it Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Clevel. the Director of the Department of Economic Development to enter into agreement with Burten, Bell, Carr Development, Inc., for the Box Spot Project through the use of Ward 5 Casino Revenue Funds. Section 1. That the Director of the Department of Economic Development is hereby authorized to enter into agreement with Burten, Bell, Carr Development, Inc., for the Box Spot Project for the public purpose of creating economic development new job creation for city of Clevel residents through the use of Ward 5 casino revenue funds. Section 2. That the cost of said contract shall be in an amount not to exceed $80,000 shall be paid from Fund No. 10 SF 188. Section 3. That the Director of Law shall prepare approve said contract that the contract shall contain such terms provisions as he deems necessary to protect the City s interest. Section 4. That this ordinance is measure, provided it receives it Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Conwell. the Director of the Department of Economic Development to enter into agreement with AAA Construction Development, LLC for the Wilkinson Building Project through the use of Ward 9 Casino Revenue Funds. Section 1. That the Director of the Department of Economic Development is hereby authorized to enter into agreement with AAA Construction Development, LLC for the Wilkinson Building Project for the public purpose of promoting economic development new job creation for residents in the city of Clevel through the use of Ward 9 Casino Revenue Funds. Section 2. That the cost of said contract shall be in an amount not to exceed $20,000 shall be paid from Fund No. 10 SF 188. Section 3. That the Director of Law shall prepare approve said contract that the contract shall contain such terms provisions as he deems necessary to protect the City s interest. Section 4. That this ordinance is measure, provided it receives it Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Kelley. An emergency ordinance amending the Title of Ordinance No , passed, May 21, 2018, as it pertains to authorizing the Director of Community Development to enter into agreement with College NOW Greater Clevel for College NOW Advising Services through the use of Ward 13 Casino Revenue Funds Section 1. That the Title of Ordinance No passed May 21, 2018, is hereby amended to read as follows: the Director of the Department of Public Works to enter into agreement with College NOW Greater Clevel for College Now Advisory Services through the use of Ward 13 Casino Funds. Section 2. That the Title of Ordinance No passed May 21, 2018, is hereby repealed. Section 3. That this ordinance is measure, provided it receives it Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Santana. the Director of the Department of Public Works to enter into agreement with Metro West Community Development Corporation for the Placita Hispanic Expo through the use of Ward 14 Casino Revenue Funds. Section 1. That the Director of the Department of Public Works is hereby authorized to enter into agreement with Metro West Community Development Corporation for the Placita Hispanic Expo for the public purpose of providing educational community informational programming for residents residing in the city of Clevel through the use of Ward 14 Casino Revenue Funds. Section 2. That the cost of said contract shall be in an amount not to exceed $12,000 shall be paid from Fund No. 10 SF 188. Section 3. That the Director of Law shall prepare approve said contract that the contract shall contain such terms provisions as he deems necessary to protect the City s interest. Section 4. That this ordinance is measure, provided it receives it

45 July 25, 2018 The City Record 45 Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Kazy. the Director of the Department of Community Development to enter into agreement with Bellaire Puritas Development Corporation for the Code Enforcement Program through the use of Ward 16 Casino Revenue Funds. Section 1. That the Director of the Department of Community Development is hereby authorized to enter into agreement effective July 1, 2018 with Bellaire Puritas Development Corporation for the Code Enforcement Program for the public purpose of providing inspections of commercial residential properties in the City of Clevel through the use of Ward 16 Casino Revenue Funds. Section 2. That the cost of said contract shall be in an amount not to exceed $22,500 shall be paid from Fund No. 10 SF 188. Section 3. That the Director of Law shall prepare approve said contract that the contract shall contain such terms provisions as he deems necessary to protect the City s interest. Section 4. That this ordinance is measure, provided it receives it Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. FIRST READING EMERGENCY RESOLUTIONS READ IN FULL AND ADOPTED Res. No By Council Member Bishop. An emergency resolution withdrawing objection to a New C1 Liquor Permit at 3643 East 116th Street repealing Resolution No , objecting to said permit. Whereas, this Council objected to a New C1 Liquor Permit at Waheb Zahriyeh, DBA Kwick Food Shop, 3643 East 116th Street, Clevel, Ohio 44105, Permit Number by Resolution No adopted by the Council on May 14, 2018; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to a New C1 Liquor Permit at Waheb Zahriyeh, DBA Kwick Food Shop, 3643 East 116th Street, Clevel, Ohio 44105, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member McCormack. An emergency resolution withdrawing objection to the transfer of stock of a D2, D2X, D3, D3A D6 Liquor Permit at 1293 West 9th Street repealing Resolution No , objecting to said transfer. Whereas, this Council objected to the transfer of stock of a D2, D2X, D3, D3A D6 Liquor Permit at Tomo Hibachi Restaurant, 1293 West 9th Street, Clevel, Ohio 44113, Permit No by Resolution No adopted by the Council on June 5, 2017; Whereas, this Council wishes to withdraw its objection to the above transfer consents to said transfer; Section 1. That objection to a D2, D2X, D3, D3A D6 Liquor Permit at Tomo Hibachi Restaurant, 1293 West 9th Street, Clevel, Ohio 44113, Permit No , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate transfer thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays Res. No By Council Member Clevel. An emergency resolution objecting to a New C1 Liquor Permit at 3420 Prospect Avenue, E. Whereas, Council has been notified by the Division of Liquor Control of an application for a New C1 Liquor Permit at Gobrs, Inc., DBA Gopuff, 3420 Prospect Avenue, E, Clevel, Ohio 44115, Permit Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; Whereas, the place for which the permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; Whereas, the place for which the permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; Whereas, the place for which the permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Section 1. That Council does hereby record its objection to a New C1 Liquor Permit at Gobrs, Inc., DBA Gopuff, 3420 Prospect Avenue, E, Clevel, Ohio 44115, Permit Number ; requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption.

46 46 The City Record July 25, 2018 third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Clevel. An emergency resolution objecting to the transfer of stock of a D1, D3, D3X D6 Liquor Permit to 2215 Chester Avenue. Whereas, Council has been notified by the Division of Liquor Control of an application for a transfer of stock of a D1, D3, D3X D6 Liquor Permit at Chapati, LLC, DBA Chapati Indian Grill, 2215 Chester Avenue, Clevel, Ohio 44114, Permit Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; Whereas, the place for which the permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; Whereas, the place for which the permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; Whereas, the place for which the permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Section 1. That Council does hereby record its objection to a transfer of stock of a D1, D3, D3X D6 Liquor Permit at Chapati, LLC, DBA Chapati Indian Grill, 2215 Chester Avenue, Clevel, Ohio 44114, Permit Number , requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Clevel. An emergency resolution withdrawing objection to the transfer of ownership of a C1 Liquor Permit at 2288 East 55th Street repealing Resolution No objecting to said permit. Whereas, this Council objected to a transfer of ownership of a C1 liquor permit at Pit Stop E55 Corp., 2288 East 55th Street, Clevel, Ohio 44103, Permit Number by Resolution No adopted by the Council on November 27, 2017; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the transfer of ownership of a C1 liquor permit at Pit Stop E55 Corp., 2288 East 55th Street, Clevel, Ohio 44103, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Griffin. An emergency resolution objecting to a New D5J D6 Liquor Permit at Euclid Avenue. Whereas, Council has been notified by the Division of Liquor Control of an application for a New D5J D6 Liquor Permit at TNTMX LLC, DBA Tacologist, Euclid Avenue, Clevel, Ohio 44106, Permit Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor 1244 outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; Whereas, the place for which the permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; Whereas, the place for which the permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; Whereas, the place for which the permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Section 1. That Council does hereby record its objection to a New D5J D6 Liquor Permit at TNTMX LLC, DBA Tacologist, Euclid Avenue, Clevel, Ohio 44106, Permit Number ; requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member B. Jones. An emergency resolution withdrawing objection to the transfer of ownership of a C2 C2X Liquor Permit at 1930 East 79th Street repealing Resolution No objecting to said permit. Whereas, this Council objected to a transfer of ownership of a C2 C2X liquor permit at 79 Street Foods, LLC, 1930 East 79th Street,

47 July 25, 2018 The City Record 47 Clevel, Ohio 44103, Permit Number by Resolution No adopted by the Council on October 2, 2017; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the transfer of ownership of a C2 C2X liquor permit at 79 Street Foods, LLC, 1930 East 79th Street, Clevel, Ohio 44103, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Hairston. An emergency resolution objecting to the renewal of a D1, D2, D3, D3A D6 Liquor Permit at 1311 East 49th Street, 1st floor. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a D1, D2, D3, D3A D6 Liquor Permit, Permit No owned by Larry Miller, DBA Bull Shooters Bar & Grill, 1311 East 49th Street, 1st floor, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Hairston. An emergency resolution objecting to the renewal of a D5 D6 Liquor Permit at 5238 St. Clair Avenue. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a D5 D6 Liquor Permit, Permit No owned by Wing Lung, Inc., 5238 St. Clair Avenue, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Hairston. An emergency resolution objecting to the renewal of a C1 C2 Liquor Permit at 7516 St. Clair Avenue, Unit A. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a C1 C2 Liquor Permit, Permit No owned by Two Brothers Foodtown, LLC, DBA Food Town Supermarket, 7516 St. Clair Avenue, Unit A, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies

48 48 The City Record July 25, 2018 of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Hairston. An emergency resolution objecting to the renewal of a C1 C2 Liquor Permit at 9021 St. Clair Avenue, 1st floor basement. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a C1 C2 Liquor Permit, Permit No owned by 91st Corp., 9021 St. Clair Avenue, 1st floor basement, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Hairston. An emergency resolution objecting to the renewal of a D1 D2 Liquor Permit at St. Clair Avenue. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a D1 D2 Liquor Permit, Permit No owned by Food Xpress Gas, Inc., DBA Gas USA, St. Clair Avenue, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the 1246 Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Hairston. An emergency resolution objecting to the renewal of a D5 Liquor Permit at Euclid Avenue. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a D5 Liquor Permit, Permit No owned by Blueprint, LLC, Euclid Avenue, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives

49 July 25, 2018 The City Record 49 it immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Hairston. An emergency resolution withdrawing objection to the transfer of ownership of a C1 Liquor Permit at 831 East 140th Street repealing Resolution No objecting to said permit. Whereas, this Council objected to a transfer of ownership of a C1 liquor permit at Amira Beverage, LLC, DBA TN Food Market, 831 East 140th Street, Clevel, Ohio 44110, Permit Number by Resolution No adopted by the Council on February 12, 2018; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the transfer of ownership of a C1 liquor permit at Amira Beverage, LLC, DBA TN Food Market, 831 East 140th Street, Clevel, Ohio 44110, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Brady. An emergency resolution withdrawing objection to the transfer of ownership of a C1, C2 D6 Liquor Permit at 3584 West 105th Street repealing Resolution No objecting to said permit. Whereas, this Council objected to a transfer of ownership of a C1, C2 D6 Liquor Permit to Falguni Krupa, LLC, DBA Convenient Food Mart Store #365, 3584 West 105th Street, Clevel, Ohio 44111, Permit Number by Resolution No adopted by the Council on October 23, 2017; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the transfer of ownership of a C1, C2 D6 Liquor Permit to Falguni Krupa, LLC, DBA Convenient Food Mart Store #365, 3584 West 105th Street, Clevel, Ohio 44111, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Zone. An emergency resolution withdrawing objection to the renewal of a C1 Liquor Permit at West 65th Street, 1st floor basement repealing Resolution No objecting to said renewal. Whereas, this Council objected to the renewal of a C1 Liquor Permit to West 65th Street Beverage & Deli, Inc., DBA West 65th Street Market, West 65th Street, 1st floor basement, Clevel, Ohio 44102, Permit Number by Resolution No , adopted by the Council on August 16, 2017; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the renewal of a C1 Liquor Permit to West 65th Street Beverage & Deli, Inc., DBA West 65th Street Market, West 65th Street, 1st floor basement, Clevel, Ohio 44102, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it 1247 Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Zone. An emergency resolution withdrawing objection to the renewal of a D1, D2, D3, D3A D6 Liquor Permit at Lorain Avenue, 1st floor basement repealing Resolution No objecting to said renewal. Whereas, this Council objected to the renewal of a D1, D2, D3, D3A D6 Liquor Permit to 79L Corp., Lorain Avenue, 1st floor basement, Clevel, Ohio 44102, Permit Number by Resolution No , adopted by the Council on August 16, 2017; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the renewal of a D1, D2, D3, D3A D6 Liquor Permit to 79L Corp., Lorain Avenue, 1st floor basement, Clevel, Ohio 44102, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Zone. An emergency resolution withdrawing objection to the renewal of a D2 D2X Liquor Permit at 8002 Detroit Avenue repealing Resolution No objecting to said renewal. Whereas, this Council objected to the renewal of a D2 D2X Liquor Permit to S & S Detroit, LLC, DBA American Food Market, 8002 Detroit Avenue, Clevel, Ohio 44102, Permit Number by Resolution No , adopted by the Council on August 16, 2017; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit;

50 50 The City Record July 25, 2018 Section 1. That objection to the renewal of a D2 D2X Liquor Permit to S & S Detroit, LLC, DBA American Food Market, 8002 Detroit Avenue, Clevel, Ohio 44102, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Zone. An emergency resolution withdrawing objection to the transfer of ownership of a C2 C2X Liquor Permit at 7310 Lorain Avenue repealing Resolution No objecting to said permit. Whereas, this Council objected to a transfer of ownership of a C2 C2X liquor permit at 7310 Lorain, LLC, 7310 Lorain Avenue, Clevel, Ohio 44111, Permit Number by Resolution No adopted by the Council on October 2, 2017; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the transfer of ownership of a C2 C2X liquor permit at 7310 Lorain, LLC, 7310 Lorain Avenue, Clevel, Ohio 44111, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Kazy. An emergency resolution objecting to the transfer of ownership of a D5 D6 Liquor Permit to Lorain Avenue. Whereas, Council has been notified by the Division of Liquor Control of an application for the transfer of ownership of a D5 D6 Liquor Permit from Mama Bear, LLC, Lorain Avenue & Patio, Clevel, Ohio 44111, Permit Number to Tilt, LLC, DBA Tilt Bar & Patio, Lorain Avenue, Clevel, Ohio 44111, Permit Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; Whereas, the place for which the permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; Whereas, the place for which the permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; Whereas, the place for which the permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Section 1. That Council does hereby record its objection to the transfer of ownership of a D5 D6 Liquor Permit from Mama Bear, LLC, Lorain Avenue & Patio, Clevel, Ohio 44111, Permit Number to Tilt, LLC, DBA Tilt Bar & Patio, Lorain Avenue, Clevel, Ohio 44111, Permit Number ; requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives 1248 it immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Keane. An emergency resolution withdrawing objection to the transfer of ownership of a D5 Liquor Permit at Lorain Avenue repealing Resolution No objecting to said permit. Whereas, this Council objected to a transfer of ownership of a D5 liquor permit at Throwbacks Lorain, LLC, Lorain Avenue, Clevel, Ohio 44111, Permit Number by Resolution No adopted by the Council on February 12, 2018; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the transfer of ownership of a D5 liquor permit at Throwbacks Lorain, LLC, Lorain Avenue, Clevel, Ohio 44111, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Polensek. An emergency resolution objecting to the renewal of a C1 C2 Liquor Permit at 870 East 185th Street. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a

51 July 25, 2018 The City Record 51 manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a C1 C2 Liquor Permit, Permit No owned by MKJ Corp., DBA Quix Food Store, 870 East 185th Street, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Polensek. An emergency resolution objecting to the renewal of a C1 C2 Liquor Permit at 910 East 185th Street. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a C1 C2 Liquor Permit, Permit No owned by Petro Energy Northeast, Inc., 910 East 185th Street, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Polensek. An emergency resolution objecting to the renewal of a C1 Liquor Permit at 1150 East 185th Street. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, 1249 objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a C1 Liquor Permit, Permit No owned by Bay Village Julien, Inc., DBA E 185th Shell, 1150 East 185th Street, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Brancatelli. An emergency resolution objecting to the renewal of a D1, D3, D3A D6 Liquor Permit at 4002 Jennings Road, 1st floor patio. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore,

52 52 The City Record July 25, 2018 Section 1. That Council does hereby record its objection to the renewal of a D1, D3, D3A D6 Liquor Permit, Permit No owned by ICB 1, Inc., DBA The S Bar, 4002 Jennings Road, 1st floor patio, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Brancatelli. An emergency resolution objecting to the renewal of a D5 Liquor Permit at Lansing Avenue, 1st floor basement. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a D5 Liquor Permit, Permit No owned by World Transfers, LLC, DBA Shelia s Bar & Grille, Lansing Avenue, 1st floor basement, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Polensek. An emergency resolution objecting to the renewal of a C1, C2 D6 Liquor Permit at Waterloo Road & Gas Pumps. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a C1, C2 D6 Liquor Permit, Permit No owned by Lucky Times, LLC, DBA Freeway Sunoco, Waterloo Road & Gas Pumps, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Polensek. An emergency resolution objecting to the renewal of a C1, C2 D6 Liquor Permit at Lakeshore Boulevard. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a C1, C2 D6 Liquor Permit, Permit No owned by Nihaal, Inc., DBA Lakeshore Citgo, Lakeshore Boulevard, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is

53 July 25, 2018 The City Record 53 based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member B. Jones. An emergency resolution withdrawing objection to the transfer of location of a D1 D2 Liquor Permit at 6001 Euclid Avenue, Suite 110, repealing Resolution No , objecting to said transfer. Whereas, this Council objected to the transfer of location of a D1 D2 Liquor Permit to Vintage 59, LLC, 6001 Euclid Avenue, Suite 110, Clevel, Ohio 44114, Permit No by Resolution No adopted by the Council on April 9, 2018; Whereas, this Council wishes to withdraw its objection to the above transfer consents to said transfer; Section 1. That objection to the transfer of location of a D1 D2 Liquor Permit to Vintage 59, LLC, 6001 Euclid Avenue, Suite 110, Clevel, Ohio 44114, Permit No , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate transfer thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Kelley. An emergency resolution withdrawing objection to the transfer of ownership of a D2, D2X, D3, D3A D6 Liquor Permit at 4693 State Road, 1st floor basement front, repealing Resolution No objecting to said permit. Whereas, this Council objected to a transfer of ownership of a D2, D2X, D3, D3A D6 Liquor Permit to GG Cle, LLC, DBA Shade, 4693 State Road, 1st floor basement front, Clevel, Ohio 44109, Permit Number by Resolution No adopted by the Council on June 4, 2018; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the transfer of ownership of a D2, D2X, D3, D3A D6 Liquor Permit to GG Cle, LLC, DBA Shade, 4693 State Road, 1st floor basement front, Clevel, Ohio 44109, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Bishop. An emergency resolution withdrawing objection to the transfer of ownership of a C1 Liquor Permit at Miles Avenue repealing Resolution No objecting to said permit. Whereas, this Council objected to a transfer of ownership of a C1 Liquor Permit to Dolgen Midwest, DBA Dollar General Store, #19256, Miles Avenue, Clevel, Ohio 44105, Permit Number by Resolution No adopted by the Council on October 9, 2017; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the transfer of ownership of a C1 Liquor Permit to Dolgen Midwest, DBA Dollar General Store, #19256, Miles Avenue, Clevel, Ohio 44105, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the 1251 immediately upon its adoption approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. SECOND READING EMERGENCY ORDINANCES PASSED Ord. No By Council Members Clevel Kelley (by departmental request). the Director of Port Control to enter into a Lease Agreement with RPMayer & Associates, LLC for the lease of certain space in various areas of the terminal building at Clevel Hopkins International Airport for the purpose of operating maintaining the Airport s Inline Baggage Hling System, for the Department of Port Control, for a period of up to 19 months, with two one-year options to renew, the second of which shall require additional legislative authority. Approved by Directors of Port Control, Finance, Law; Passage recommended by Committees on Transportation, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Clevel Kelley (by departmental request). the Director of Port Control to enter into a Lease Agreement with the United States of America, acting through the General Services Administration on behalf of the Transportation Security Administration for the lease of certain space in the terminal at Clevel Hopkins International Airport for the purpose of general office, break rooms, storage in support of the passenger security checkpoints other essential security needs in conjunction with the operation of the airport, for the Department of Port Control, for a period of five years, with one five-year option to renew, which shall require additional legislative authority. Approved by Directors of Port Control, Finance, Law; Passage recommended by Committees on Transportation, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Zone. An emergency ordinance designating Fir Street (Anshe Emeth) Cemetery as a Clevel Lmark. Approved by Directors of City Planning Commission, Law; Passage recommended by Committee on Development Planning Sustainability. third time in full. Passed. Yeas 16. Nays 0.

54 54 The City Record July 25, 2018 Ord. No By Council Members B. Jones, Johnson Kelley (by departmental request). the Director of Capital Projects to issue a permit to Midtown Hospitality LLC to encroach into the public rights-of-way of Euclid Avenue, East 69th Street East 70th Street by installing, using, maintaining two sloped building marquees a cantilevered canopy. Approved by Directors of Capital Projects, City Planning Commission, Finance, Law; Passage recommended by Committees on Municipal Services Properties, Development Planning Sustainability. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Johnson Kelley (by departmental request). the purchase by one or more requirement contracts for the transfer disposal of tires, for the Division of Waste Collection Disposal, Department of Public Works, for a term of two years. Approved by Directors of Public Works, Finance, Law; Passage recommended by Committees on Municipal Services Properties, Finance, when amended, as follows: 1. In Section 3, line 5, strike RQN 7013, RL insert RQN 7013, RL Amendment agreed to. third time in full. Passed. Yeas 16. Nays 0. In compliance with Section 33 of the Charter a copy of the legislation was furnished to each member of Council before final passage. Ord. No By Council Members Griffin, Brancatelli Kelley (by departmental request). the Director of Public Health to enter into contracts with various agencies or entities to provide AIDSrelated services; authorizing the employment of one or more professional consultants to provide evaluation services; authorizing the Director to enter into one or more contracts with various agencies, entities, or individuals to implement the grant. Approved by Directors of Public Health, Community Development, Finance, Law; Passage recommended by Committees on Health Human Services, Development Planning Sustainability, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Griffin, Brancatelli Kelley (by departmental request). the Director of Public Health to enter into one or more contracts with various agencies or entities to provide AIDS-related services, in conjunction with the HOPWA Grant; authorizing the employment of one or more professional consultants to provide evaluation services. Approved by Directors of Public Health, Community Development, Finance, Law; Passage recommended by Committees on Health Human Services, Development Planning Sustainability, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Brancatelli Kelley (by departmental request). the Director of Community Development to enter into an amendment to Contract No the security documents with BEDO, LLC to partially finance the construction rehabilitation of the University Lofts located at Euclid Avenue to change the terms of the loan. Approved by Directors of Community Development, Finance, Law; Passage recommended by Committee on Development Planning Sustainability, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Kelley (by departmental request). the Secretary of the Civil Service Commission to enter into an amendment to Contract No. CT 1511 PS with Ergometrics & Applied Personnel Research, Inc. to provide additional transportability studies civil service testing for entry level law enforcement officers, for the Department of Public Safety to extend the term of the contract until December 31, Approved by Secretary of Civil Service Commission Directors of Finance Law; Passage recommended by Committee on Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Brancatelli Kelley (by departmental request). the Director of City Planning to apply for accept grants from the Ohio Department of Transportation for the 2018 Safe Routes to School Program; authorizing contracts agreements with the State of Ohio, Clevel Metropolitan School District, other entities needed to implement the grant; to apply for accept grants or gifts from any public or private entity to implement this ordinance. Approved by Directors of City Planning, Finance, Law; Passage recommended by Committees on Development Planning Sustainability, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Brancatelli Kelley (by departmental request). the Director of Economic Development to enter into a grant agreement with The Westside Industrial 1252 Retention Expansion Network, or its designee, to provide economic development assistance to finance the administration of the Clevel Industrial Retention Initiative. Approved by Directors of Economic Development, Finance, Law; Passage recommended by Committees on Development Planning Sustainability, Finance. Those voting yea: Council Members Bishop, Brady, Brancatelli, Clevel, Conwell, Griffin, Hairston, B. Jones, J. Jones, Johnson, Kazy, Keane, Kelley, McCormack, Zone. Those voting nay: Council Member Polensek. 15. Nays 1. Read second time. Read third time in full. Passed. Yeas 15. Nays 1. Ord. No By Council Members Brancatelli Kelley (by departmental request). the Director of Economic Development to enter into a grant agreement with the Greater Clevel Media Development Corporation dba Greater Clevel Film Commission, or its designee, to assist with the operations of the organization. Approved by Directors of Economic Development, Finance, Law; Passage recommended by Committees on Development Planning Sustainability, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Hairston, Brancatelli Kelley (by departmental request). the Director of Economic Development to enter into contract with SIFCO Industries, Inc., or its designee, to provide economic development assistance to partially finance the acquisition of machinery equipment for its business located at 970 East 64th Street other associated costs necessary to redevelop the property. Approved by Directors of Economic Development, Finance, Law; Passage recommended by Committees on Development Planning Sustainability, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Brancatelli Kelley (by departmental request). the Director of Economic Development to enter into a grant agreement with The Greater Clevel Sports Commission, or its designee, to provide financial assistance to organize administer programs for marketing the City of Clevel as a venue for sporting events to actively market the Public Auditorium as a premier site for the hosting of major events. Approved by Directors of Economic Development, Finance, Law; Passage recommended by Committees on Development Planning Sustainability, Finance. third time in full. Passed. Yeas 16. Nays 0.

55 July 25, 2018 The City Record 55 Ord. No By Council Members Zone Kelley (by departmental request). the Director of Public Safety to donate miscellaneous items from the House of Correction to one or more public or non-profit agencies to enter into agreements if necessary to make the donations. Approved by Directors of Public Safety, Finance, Law; Passage recommended by Committees on Safety, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Brancatelli (by departmental request). An emergency ordinance to supplement the Codified Ordinances of Clevel, Ohio, 1976, by enacting new Sections , ; to amend Sections , as amended by various ordinances, relating to residential commercial waste collection, disposal, recycling facilities, transfer facilities, scrap tire facilities, dumping, motor vehicle repair garages, related zoning. Approved by Directors of Building Housing, City Planning Commission, Law; Passage recommended by Committee on Development Planning Sustainability, when amended, as follows: 1. In Section 1, line 2, after , insert Amendment agreed to. third time in full. Passed. Yeas 16. Nays 0. In compliance with Section 33 of the Charter a copy of the legislation was furnished to each member of Council before final passage. Ord. No By Council Members Brancatelli Kelley (by departmental request). the Director of City Planning to apply for accept a grant from the Northeast Ohio Areawide Coordinating Agency for the Vision for the Valley Plan in the Transportation for Livable Communities Initiative Planning Studies Program; authorizing the director to employ one or more professional consultants; authorizing one or more contracts with various agencies, entities, or individuals to implement the grant, including one or more multi-party agreements with NOACA, the Clevel MetroParks, the Cuyahoga County Port Authority. Approved by Directors of City Planning Commission, Finance, Law; Passage recommended by Committees on Development Planning Sustainability, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member McCormack. the Director of Capital Projects to issue permits to Historic Gateway Neighborhood Corporation to encroach into the public rights-ofway within the Gateway District by installing, using, maintaining street furniture. Approved by Directors of Capital Projects, City Planning Commission, Finance, Law; Passage recommended by Committees on Municipal Services Properties, Development Planning Sustainability. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Kelley (by departmental request). An emergency ordinance approving the collective bargaining agreement with the Clevel Firefighters Local 93; to amend Sections of Ordinance No , passed March 30, 2015, as amended relating to compensation for various classifications. Approved by Directors of Human Resources, Finance, Law; Passage recommended by Committee on Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Zone Kelley (by departmental request). the purchase by one or more requirement contracts of turnout gear, hoses, nozzles, fittings, defibrillators, other safety-related equipment, for the Division of Fire, Department of Public Safety, for a term of one-year, with a one-year option to renew exercisable by the Director of Public Safety. Approved by Directors of Public Safety, Finance, Law; Passage recommended by Committees on Safety, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Johnson Kelley (by departmental request). An emergency ordinance aauthorizing the purchase by one or more written stard purchase requirement contracts of various onroad vehicles, apparatus, offroad equipment, cabs, bodies, accessories, equipment other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, as needed, for the Director of Public Works. Approved by Directors of Public Works, Finance, Law; Passage recommended by Committees on Municipal Services Properties, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Johnson Kelley (by departmental request). the purchase by one or more stard requirement contracts for the purchase, lease, or lease with option to purchase, of various on-road vehicles off-road equipment, cabs, bodies, accessories, equipment other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, training, inspections, as needed, for the various divisions of City government, for a period of one year Approved by Directors of Public Works, Finance, Law; Passage recommended by Committees on Municipal Services Properties, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Johnson Kelley (by departmental request). the Director of Public Works to apply for accept a grant from the Clevel Foundation for the 2018 Clevel Nights Program. Approved by Directors of Public Works, Finance, Law; Passage recommended by Committees on Municipal Services Properties, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Brancatelli, Johnson Kelley (by departmental request). the Director of Public Works to enter into a license agreement with Slavic Village Development, or its designee, to install maintain a sculpture on City-owned property along Morgana Run Trail south of Union Avenue between East 69th Street East 70th Streets. Approved by Directors of Public Works, City Planning Commission, Finance, Law; Passage recommended by Committees on Municipal Services Properties, Development Planning Sustainability, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Conwell, Johnson, Brancatelli Kelley (by departmental request). the Director of Public Works to enter into a property adoption agreement with the Hershel Woody Williams Medal of Honor Foundation to install maintain a Gold Star Families Memorial monument on City-owned property in Wade Park at the Louis Stokes Clevel VA Medical Center. Approved by Directors of Public Works, City Planning Commission, Finance, Law; Passage recommended by Committees on Municipal Services Properties, Development Planning Sustainability, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members B. Jones, Johnson, Zone, Brancatelli Kelley (by departmental request). the Commissioner of Purchases Supplies to purchase property for the future development of a Clevel Police Division headquarters at 1801 Superior Avenue from GLP Superior Ltd., or its designee authorizing the Director of Public Safety to lease the property to GLP; determining the method of making the public improvement of designing constructing the new

56 56 The City Record July 25, 2018 Police Headquarters; authorizing the Director of Capital Projects or Public Safety, as appropriate, to enter into one or more contracts with GLP for that purpose; authorizing the purchase of furnishings appurtenances, including relocation costs; to apply for accept any gifts or grants from any public or private entity; authorizing one or more agreements to implement the improvement. Approved by Directors of Capital Projects, Public Safety, City Planning Commission, Finance, Law; Passage recommended by Committees on Municipal Services Properties, Safety, Development Planning Sustainability, Finance, when amended, as follows: 1. Insert new Section 2a to read as follows: Section 2a. That the consideration to be paid for this property shall not exceed $18,500,000 other valuable consideration, which is determined to be fair market value.. Amendment agreed to. third time in full. Passed. Yeas 16. Nays 0. In compliance with Section 33 of the Charter a copy of the legislation was furnished to each member of Council before final passage. SECOND READING ORDINANCES PASSED Ord. No By Council Member Brancatelli (by departmental request). An ordinance to repeal Section of the Codified Ordinances of Clevel, Ohio, 1976, as amended by Ordinance No , passed May 12, 2003, relating to Townhouse (RA) Districts; to supplement the codified ordinances by enacting new Section , relating to Townhouse (RA) Districts. Approved by Directors of City Planning Commission, Law; Passage recommended by Committee on Development Planning Sustainability, when amended, as follows: 1. In Section 2, at new Section (e), line 3, strike subsection insert division ; at Section (e)(3), line 5, strike division (g) insert division (f). 2. In Section 2, at new Section (f)(2)A., in the first column, strike Section (h)(2) insert Section (g)(2) ; in new Section (f)(3)E., in the first column, strike (h)(1) insert (g)(1) ; in Section , on page 4, at footnote 3, at the end, in lines 3 4, strike subsection (e)(3)d. insert in both places division (f)(3)f.. 3. In Section 2, at new Section , reletter existing divisions (h) (g) as new divisions (g) (h). 4. In Section 2, at new Section , in existing division (g)(1), line 3, strike (g)(2)a. insert (f)(2)a. ; in existing division (g)(2), lines 3 4, strike section (e) of this Chapter insert division (d) of this section. Amendments agreed to. third time in full. Passed. Yeas 16. Nays 0. In compliance with Section 33 of the Charter a copy of the legislation was furnished to each member of Council before final passage. Ord. No By Council Member Brancatelli (by departmental request). An ordinance to supplement the Codified Ordinances of Clevel, Ohio, 1976, by enacting new Sections , relating to the Central Business District (CBD); to amend various sections of Chapters Approved by Directors of City Planning Commission, Law; Passage recommended by Committee on Development Planning Sustainability. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Santana. An ordinance changing the Use, Area, Height Districts of parcels along the eastern side of West 25th Street south of Sackett/Valentine Avenue east to SR-176 south to I-71 (Map Change No. 2581) Approved by Directors of City Planning Commission, Law; Passage recommended by Committee on Development Planning Sustainability, when amended, as follows: 1. Strike Section 1 in its entirety insert the following new sections: Section 1. That the Use District of ls bounded described as follows: Situated in the City of Clevel, County of Cuyahoga State of Ohio known as being various sub-lots in the East View Addition Extension Subdivision or part of the Original Brooklyn Township Lots Numbers 66, 67, 72, 73, as record in Volume 16, Page 18 of Cuyahoga County Map Records; that the use district of ls fully bounded described as follows: Beginning at the intersection of the centerline of Sackett Avenue West 25th Street; Thence, easterly along Sackett Avenue to its intersection with the centerline of Scranton Road; Thence, southwesterly along Scranton Road to its intersection with the centerline of Valentine Avenue; Thence, easterly along Valentine Avenue to its intersection with the centerline of I-71 North; Thence, southerly along I-71 North to its intersection with the southeasterly prolongation of the southerly line of the newly split Lot 2 in Parcel A of the subdivision entitled Plat of Consolidation prepared for Cuyahoga County Vacation Plat of West 17th Street, Eglindale Avenue, South Point Drive Ginger County of record in AFN ; Thence, northwesterly along said prolongation to its intersection with the centerline of Scranton Road; Thence, southerly westerly along the centerline of Scranton Road to its intersection with the centerline of I-71 North; Thence, south westerly along the centerline of I-71 North to its intersection with the centerline of West 25th Street Thence, northeasterly along centerline of West 25th Street to its intersection with the centerline of Sackett Avenue its point of origin; And as identified on the attached map shall be changed to an Institutional Research District, a K Area District a 3 Height District; Section 2. That the Use District of ls bounded described as follows: Situated in the City of Clevel, County of Cuyahoga State of Ohio known as being various sublots in the East View Addition Extension Subdivision of part of Original Brooklyn Township Lots Numbers 66, 67, 72 73, as recorded in Volume 16, Page 18 of Cuyahoga County Map Records; that the Use District of Ls bounded described as follows: Beginning at the intersection of the centerline of Metro Health Drive the centerline of Scranton Road; Thence, southeasterly along the centerline of Metro Health Drive continuing along the southeasterly prolongation of the southerly parcel line of Lot 2 as recorded in Plat of Consolidation prepared for Cuyahoga County Vacation Plat of West 17th Street, Eglindale Avenue, South Point Drive Ginger Court recorded as AFN of Cuyahoga County Map Records to its intersection with the centerline of I-71 North; Thence, southerly westerly along the centerline of I-71 North to its intersection with the centerline of Scranton Road; Thence, northerly easterly along the centerline of Scranton Road to its intersection with the centerline of Metro Health Drive its point of origin; And as identified on the attached map shall be changed to an Institutional Research District, a K Area District a 6 Height District;. 2. In existing Section 2, line 1, after Section 1 insert Sections Renumber existing Sections 2 3 to new Section 3 Section Strike the existing map insert the following new map: 1254

57 July 25, 2018 The City Record 57 Amendments agreed to. third time in full. Passed. Yeas 16. Nays 0. In compliance with Section 33 of the Charter a copy of the legislation was furnished to each member of Council before final passage. 1255

58 58 The City Record July 25, 2018 SECOND READING EMERGENCY RESOLUTIONS ADOPTED Res. No By Council Members Brancatelli, Conwell Johnson (by departmental request). An emergency resolution declaring the intent to vacate a portion of Bellflower Court. Approved by Directors of Capital Projects, City Planning Commission, Finance, Law; Adoption recommended by Committees on Municipal Services Properties, Development Planning Sustainability. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Members Brancatelli Kelley (by departmental request). An emergency resolution approving the continuation of the Clevel Kamm s Area Special Improvement District as a Special Improvement District in the City; accepting petitions from owners of property in the District; approving a new plan for public services; declaring it necessary to provide safety, cleaning, other services for the District; providing for the assessment of the cost of such work upon benefited property in the District; declaring an emergency. Approved by Directors of City Planning Commission, Finance, Law; Adoption recommended by Committees on Development Planning Sustainability, Finance. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Members Griffin, Kelley, Zone, B. Jones, McCormack, Bishop, Clevel, Conwell, Johnson, Hairston, J. Jones Santana. An emergency resolution establishing a working committee of Council, the Jackson Administration, community stakeholders to study policies regarding fair application of marijuana charges, further decriminalization, preparedness for legalization of recreational marijuana; urging the Ohio General Assembly to further decriminalize marijuana possession by lowering penalties; supporting a statewide ballot measure to legalize recreational marijuana. Approved by Director of Law; Adoption recommended by Committees on Health Human Services, Finance, when amended, as follows: 1. Strike the last two lines in the title insert lowering penalties. 2. Strike the seventh Whereas clause in its entirety, beginning with Whereas, as accomplished in nine states. Amendments agreed to. third time in full. Adopted. Yeas 16. Nays 0. In compliance with Section 33 of the Charter a copy of the legislation was furnished to each member of Council before final passage. MOTION On the motion of Council Member Bishop, the absence of Council Member Jasmin Santana is hereby authorized. Seconded by Council Member Kazy. MOTION The Council Meeting adjourned at 4:24 p.m. to the call of the chair. The next scheduled meeting of Council will be on Wednesday, August 15, 2018, in the Council Chamber. Patricia J. Britt City Clerk, Clerk of Council THE CALENDAR The following measures will be on their final passage at the next meeting: NONE BOARD OF CONTROL July 18, 2018 The meeting of the Board of Control convened in the Mayor s office on Wednesday July 18, 2018 at 10:37 a.m. with Director Langhenry presiding. Present: Directors Langhenry, Davis, Acting Directors Szabo, K. Johnson, Director Gordon, Acting Director Hennessy, Directors Menesse, West, Ebersole, McNamara, Donald. Absent: Mayor Jackson Directors Dumas. Others: Tiffany White Johnson, Commissioner, Purchases & Supplies. Melissa Burrows, Director, Office of Equal Opportunity. Resolution No By Director Dumas. Be it resolved by the Board of Control of the City of Clevel that under authority of Ordinance No , passed by the Clevel City Council on January 22, 2018, ACL Services LTD is selected upon nomination of the Director of Finance, from a list of qualified firms determined after a full complete canvass by the Director of Finance as the firm available for employment to develop /or acquire software solutions necessary to provide Audit Management Software as a Service (SaaS) or audit management software, including implementation configuration, end-user technical staff training, maintenance other support-related services, for a period of one year with two one-year options to renew, exercisable by the Director of Finance. Be it further resolved that the Director of Finance is authorized to enter into a contract with ACL Services LTD, based upon its proposal dated May 2, 2018, which contract shall be prepared by the Director of Law, shall provide for furnishing the above-mentioned software services as described in the proposal, for an amount not to exceed 1256 $45,750 for the initial year, notto-exceed $21,000 for the first optional renewal year not to exceed $21,000 for the second optional renewal year, if exercised, shall contain such additional provisions as the Director of Law deems necessary to protect benefit the public interest. Yeas: Directors Langhenry, Davis, Acting Directors Szabo, K. Johnson, Director Gordon, Acting Director Hennessy, Directors Menesse, West, Ebersole, McNamara, Donald. Nays: None. Absent: Mayor Jackson Directors Dumas. Resolution No By Director Dumas. Be it resolved, by the Board of Control of the City of Clevel that the bid of Hylant Group, Inc., for an estimated amount of dishonesty crime bond insurance, all items, for the Division of Accounts, Department of Finance, for the period of three years, beginning with the date of execution of a contract, with two one-year options to renew, received on June 20, 2018, under the authority of Section of the Codified Ordinances of Clevel, Ohio, 1976, which on the basis of the estimated quantity would amount to $41, (Net), is affirmed approved as the lowest best bid, the Director of Finance is requested to enter into a requirement contract for the goods /or services. The requirement contract shall further provide that the Contractor shall furnish the City s requirements for the goods /or services, whether more or less than the estimated quantity, as may be ordered under delivery orders certified to the contract. Be it further resolved that the employment of the following subcontractor by Hylant Group, Inc. is approved: Subcontractor Percentage Subcontract Amount Pinkney-Perry Insurance Agency 0% $ Yeas: Directors Langhenry, Davis, Acting Directors Szabo, K. Johnson, Director Gordon, Acting Director Hennessy, Directors Menesse, West, Ebersole, McNamara, Donald. Nays: None. Absent: Mayor Jackson Directors Dumas. Resolution No By Director Davis. Be it resolved by the Board of Control of the City of Clevel that under the authority of Ordinance No , Siemens Industry, Inc. is selected from a list of firms determined after a full complete canvass by the Director of Public Utilities as the firm to be employed by contract to provide the professional services necessary for the removal of legacy lighting the installation of LED Streetlights or fixtures adaptive control photocell units, salvaging, for a period of two years, for the Division of Clevel Public Power, Department of Public Utilities. Be it further resolved that the Director of Public Utilities is authorized to enter into a contract with Siemens Industry, Inc. based upon

59 July 25, 2018 The City Record 59 its proposal dated, August 28, 2017, which contract shall be prepared by the Director of Law, shall provide that the compensation for the professional services described in the proposal shall not exceed $7,606,675.00, shall contain such other provisions as the Director of Law deems necessary to protect benefit the public interest. Be it further resolved that the employment of the following subconsultants by Siemens Industry, Inc. for the above-mentioned professional services is approved: SUB-CONSULTANTS AMOUNT PERCENTAGE North Electric (CSB) $761, % CDM Smith $244, % Laurel Environmental $ 67, % Yeas: Directors Langhenry, Davis, Acting Directors Szabo, K. Johnson, Director Gordon, Acting Director Hennessy, Directors Menesse, West, Ebersole, McNamara, Donald. Nays: None. Absent: Mayor Jackson Directors Dumas. Resolution No By Director Davis. Whereas, under authority of Ordinance No , passed by the Council of the City of Clevel on July 16, 2014, Board of Control Resolution No , adopted July 13, 2016, the City through its Director of Public Utilities entered into City Contract No. RC2016*98 with Pro- Tech Systems Group, Inc. for an estimated quantity of labor materials necessary to maintain the supervisory control data acquisition system (SCADA), all items, in the estimated amount of $179,010.00, for the Division of Water Pollution Control, Department of Public Utilities; Whereas, the City wishes to utilize certain funding available from the Northeast Ohio Regional Sewer District for an estimated quantity of labor materials necessary to maintain the supervisory control data acquisition system (SCADA); Whereas, Ordinance No , was amended by Ordinance No , passed June 4, 2018, to authorize the Director of Public Utilities to apply for accept funding from the Northeast Ohio Regional Sewer District Community Cost Share Program to purchase an estimated quantity of labor materials necessary to maintain the supervisory control data acquisition system (SCADA); now, therefore, Be it resolved by the Board of Control of the City of Clevel that Resolution No , adopted by this Board July 13, 2016, under authority of Ordinance No , passed by the Council of the City of Clevel on July 16, 2014, is amended by inserting, as amended by Ordinance No , passed June 4, 2018, after Ordinance No , passed by the Council of the City of Clevel on July 16, Be it further resolved that all other provisions of Resolution No not expressly amended by this resolution shall remain unchanged in full force effect. Yeas: Directors Langhenry, Davis, Acting Directors Szabo, K. Johnson, Director Gordon, Acting Director Hennessy, Directors Menesse, West, Ebersole, McNamara, Donald. Nays: None. Absent: Mayor Jackson Directors Dumas. Resolution No By Director Davis. Whereas, under authority of Ordinance No , passed by the Council of the City of Clevel on June 5, 2017, Board of Control Resolution No , adopted February 28, 2018, the City through its Director of Public Utilities entered into City Contract No. PI2018*13 with Terrace Construction Company, Inc. for the public improvement of constructing repairing catch basins manholes at various locations citywide, in the estimated amount of $1,276,880.00, approved various subcontractors, for the Division of Water Pollution Control, Department of Public Utilities; Whereas, Resolution No , adopted by this Board of Control on May 30, 2018, approved the employment of additional subcontractors by Terrace Construction Company, Inc. under the above-mentioned Contract; Whereas, the City wishes to utilize certain funding available from the Northeast Ohio Regional Sewer District for the public improvement of constructing repairing catch basins manholes at various locations citywide; Whereas, Ordinance No , was amended by Ordinance No , passed May 14, 2018, to authorize the Director of Public Utilities to apply for accept funding from the Northeast Ohio Regional Sewer District Community Cost Share Program to conduct catch basin manhole construction improvements repairs; now, therefore, Be it resolved by the Board of Control of the City of Clevel that Resolution No , adopted by this Board February 28, 2018, under authority of Ordinance No , passed by the Council of the City of Clevel on June 5, 2017, is amended by inserting -, as amended by Ordinance No , passed May 14, 2018, after Ordinance No , passed by the Council of the City of Clevel on June 5, Be it further resolved that all other provisions of Resolution No not expressly amended by this resolution shall remain unchanged in full force effect. Yeas: Directors Langhenry, Davis, Acting Directors Szabo, K. Johnson, Director Gordon, Acting Director Hennessy, Directors Menesse, West, Ebersole, McNamara, Donald. Nays: None. Absent: Mayor Jackson Directors Dumas. Resolution No By Director Menesse. Whereas, under Ordinance No passed October 25, 1976, the City is conducting a L Reutilization Program ( Program ) according to the provisions of Chapter 5722 of the Ohio Revised Code; 1257 Whereas, under the Program, the City has acquired Permanent No located at 8421 Detroit Avenue; Whereas, Section of the Codified Ordinances of Clevel, Ohio 1976 authorizes the Commissioner of Purchases Supplies, when directed by the Director of Community Development when certain specified conditions have been met, to lease L Reutilization Program parcels; Whereas, Mariah Hayden has proposed to the City to lease develop the parcel for a market garden; Whereas, the following conditions exist: 1. The member of Council from Ward 15 has either approved the proposed lease or has not disapproved or requested a hold of the proposed lease within 45 days of notification of it; 2. The proposed lessee of the parcel is neither tax delinquent nor in violation of the Building Housing Code; now, therefore, Be it resolved by the Board of Control of the City of Clevel that under Section of the Codified Ordinances of Clevel, Ohio, 1976, the Commissioner of Purchases Supplies is authorized, when directed by the Director of Community Development, to execute a lease for a term of five (5) years for on behalf of the City of Clevel with Mariah Hayden for the lease development of Permanent Parcel No located at 8421 Detroit Avenue, according to the L Reutilization Program in such manner as best carries out the intent of the program. Be it further resolved that the consideration for the lease of the parcel shall be a one-time fee of $5.00, which amount is determined to be not less than the fair market value of the parcel for uses according to the Program. Yeas: Directors Langhenry, Davis, Acting Directors Szabo, K. Johnson, Director Gordon, Acting Director Hennessy, Directors Menesse, West, Ebersole, McNamara, Donald. Nays: None. Absent: Mayor Jackson Directors Dumas. Resolution No By Director Menesse. Whereas, under Ordinance No passed October 25, 1976, the City is conducting a L Reutilization Program ( Program ) according to the provisions of Chapter 5722 of the Ohio Revised Code; Whereas, under the Program, the City has acquired Permanent No located at 3388 East 66th Street; Whereas, Section of the Codified Ordinances of Clevel, Ohio 1976 authorizes the Commissioner of Purchases Supplies, when directed by the Director of Community Development when certain specified conditions have been met, to lease L Reutilization Program parcels; Whereas, John Lutz has proposed to the City to lease develop the parcel for a community garden; Whereas, the following conditions exist:

60 60 The City Record July 25, The member of Council from Ward 6 has either approved the proposed lease or has not disapproved or requested a hold of the proposed lease within 45 days of notification of it; 2. The proposed lessee of the parcel is neither tax delinquent nor in violation of the Building Housing Code; now, therefore, Be it resolved by the Board of Control of the City of Clevel that under Section of the Codified Ordinances of Clevel, Ohio, 1976, the Commissioner of Purchases Supplies is authorized, when directed by the Director of Community Development, the Mayor is requested, to execute a lease for a term of three (3) years, for on behalf of the City of Clevel, with John Lutz for the lease development of Permanent Parcel No located at 3388 East 66th Street, according to the L Reutilization Program in such manner as best carries out the intent of the program. Be it further resolved that the consideration for the lease of the parcel shall be a one-time fee of $3.00, which amount is determined to be not less than the fair market value of the parcel for uses according to the Program. Yeas: Directors Langhenry, Davis, Acting Directors Szabo, K. Johnson, Director Gordon, Acting Director Hennessy, Directors Menesse, West, Ebersole, McNamara, Donald. Nays: None. Absent: Mayor Jackson Directors Dumas. Resolution No By Director West. Be it resolved by the Board of Control of the City of Clevel that under the authority of Ordinance No passed by Clevel City Council on February 12, 2018, Discovery Benefits Inc. is selected by the Director of Human Resources as the firm to be employed by contract to supplement the regularly employed staff of the Department of Human Resources to perform the professional services necessary to administer the City s COBRA program HIPPA compliance for City of Clevel employees for a period of one year with two one-year options to renew, the second of which requires additional legislation. Be it further resolved that the Director of Human Resources is authorized to enter into contract with Discovery Benefits, Inc., based on its proposal dated April 9, 2018, which contract shall be prepared by the Director of Law, shall provide for the furnishing of professional services as described in the proposal for aggregate fees of $45, annually shall contain such additional provisions as the Director of Law deems necessary to protect benefit the public interest. Yeas: Directors Langhenry, Davis, Acting Directors Szabo, K. Johnson, Director Gordon, Acting Director Hennessy, Directors Menesse, West, Ebersole, McNamara, Donald. Nays: None. Absent: Mayor Jackson Directors Dumas. JEFFREY B. MARKS, Secretary CIVIL SERVICE NOTICES General Information Application blanks information, regarding minimum entrance qualifications, scope of examination, suggested reference materials may be obtained at the office of the Civil Service Commission, Room 119, City Hall, East 6th Street, Lakeside Avenue. Application blanks must be properly filled out on the official form prescribed by the Civil Service Commission filed at the office of the commission not later than the final closing date slated in the examination announcement. EXAMINATION RESULTS: Each applicant whether passing or failing will be notified of the results of the examination as soon as the commission has graded the papers. Thereafter, eligible lists will be established which will consist of the names of those cidates who have been successful in all parts of the examination. PHYSICAL EXAMINATION: All cidates for original entrance positions who are successful in other parts of the examinations must submit to a physical examination. ROBERT BENNETT, President SCHEDULE OF THE BOARD OF ZONING APPEALS MONDAY, AUGUST 6, :30 A.M. Calendar No : 809 Brayton Road (Ward 3) Bogdan Kozul, owner, proposes to erect a 2.5 story 2,001 square foot two family house on a 4,500 square foot lot in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of the following sections of the Clevel Codified Ordinances: 1. Section (b)(2)(C) which states that in a Two-Family District no interior side yard shall be less than five (5) feet in width for a corner lot, nor less than three (3) feet in width for an interior lot, nor shall the aggregate width of side yard on the same premises be less than ten (10) feet. However, the width of any such interior side yard shall in no case be less than one-fourth (1/4) the height of the main building on the premises. The building height is approximately 33' - 4" thus no interior side yard shall be less than 8' - 4" a 3' side yard is proposed. 2. Section (b) which states that City Planning approval is required prior to the issuance of a building permit. (Filed July 5, 2018) Calendar No : 1947 West 47th Street (Ward 3) B.R. Knez, owner, proposes to construct a new 2.5 story 1,785 square foot single family house with a detached garage on a 3,960 square foot lot in a B1 Two-Family Residential District. The owner appeals 1258 for relief from the strict application of the following sections of the Clevel Codified Ordinances: 1. Section (a) which states that the minimum lot width for a single family dwelling in a B Area District is 40 feet a 30 foot wide lot is proposed. This section also states that the minimum lot area for a single family dwelling in a B Area District is 4,800 square feet 3,960 square feet. 2. Section (b)(2)(B) which states that in a Two-Family District no interior side yard shall be less than five (5) feet in width for a corner lot, nor less than three (3) feet in width for an interior lot, nor shall the aggregate width of side yard on the same premises be less than ten (10) feet. However, the width of any such interior side yard shall in no case be less than one-fourth (1/4) the height of the main building on the premises. The required side yard is 7 feet 3 inches a 3 foot interior side yard is proposed. 3. Section (b) which states that City Planning approval is required prior to the issuance of a building permit. (Filed July 16, 2018) Calendar No : 1949 West 47th Street (Ward 3) B.R. Knez, owner, proposes to construct a new 2.5 story 1,785 square foot single family house with a detached garage on a 3,960 square foot lot in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of the following sections of the Clevel Codified Ordinances: 1. Section (a) which states that the minimum lot width for a single family dwelling in a B Area District is 40 feet a 30 foot wide lot is proposed. This section also states that the minimum lot area for a single family dwelling in a B Area District is 4,800 square feet 3,960 square feet. 2. Section (b)(2)(B) which states that in a Two-Family District no interior side yard shall be less than five (5) feet in width for a corner lot, nor less than three (3) feet in width for an interior lot, nor shall the aggregate width of side yard on the same premises be less than ten (10) feet. However, the width of any such interior side yard shall in no case be less than one-fourth (1/4) the height of the main building on the premises. The required side yard is 7 feet 3 inches a 3 foot interior side yard is proposed. 3. Section (b) which states that City Planning approval is required prior to the issuance of a building permit. (Filed July 16, 2018) Calendar No : 1958 West 47th Street (Ward 3) B.R. Knez, owner, proposes to construct a new 2.5 story 1,842 square foot single family house with a detached garage on a 5,287 square foot lot in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of the following sections of the Clevel Codified Ordinances: 1. Section (b)(2)(B) which states that in a Two-Family District no interior side yard shall be less than five (5) feet in width for a corner lot, nor less than three (3) feet

61 July 25, 2018 The City Record 61 in width for an interior lot, nor shall the aggregate width of side yard on the same premises be less than ten (10) feet. However, the width of any such interior side yard shall in no case be less than one-fourth (1/4) the height of the main building on the premises. The required side yard is 7 feet 3 inches a 3 foot interior side yard is proposed. 2. Section (b) which states that City Planning approval is required prior to the issuance of a building permit. (Filed July 16, 2018) Calendar No : 1321 West 69th Street (Ward 15) Denny Matheou, owner, proposes to install approximately 95 linear feet of 6 foot tall privacy fence in the interior side yard of a parcel located in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of Section (a)(1) of the Clevel Codified Ordinances which states the following: 1. a fence in the actual front yard shall not exceed 4 feet in height, shall be ornamental at least 50% open. 2. a fence located along parallel to a driveway within 15 feet of its intersection with a public sidewalk or street shall be 75% open; the proposed fence located along parallel to adjacent lot driveway is less than 75% open. 3. A fence in the actual interior side yard shall not be higher than its distance from a residence building on an adjoining lot; the proposed 6 foot tall fence is 5 feet from a residence building on adjoining lot. (Filed July 16, 2018) Secretary REPORT OF THE BOARD OF ZONING APPEALS MONDAY, JULY 23, 2018 At the meeting of the Board of Zoning Appeals on Monday, July 23, 2018 the following appeals were scheduled for hearing before the Board. The following appeal was APPROVED: Calendar No : 9000 Aetna Avenue 9000 Aetna, owner, proposes to establish use for outside storage/stockpiling of dirt rock accessory rock crushing in a B3 General Industry Zoning District. The following appeals were DENIED: None. The following appeals were WITHDRAWN: None. The following appeals were DIS- MISSED: None. The following cases were POST- PONED: Calendar No : Ruth Tate 2240 East 89th Street. Postponed to August 27, Calendar No : Clevel Bricks 4610 Clinton Avenue. Postponed to August 20, Calendar No : Clevel Bricks 4608 Clinton Avenue. Postponed to August 20, Calendar No : Jim Taddeo 1967 West 54th Street. Postponed to August 27, The following cases were heard by the Board of Zoning Appeals on Monday, July 16, 2018 the decisions were adopted approved on Monday, July 23, 2018: The following appeals were APPROVED: Calendar No : 1980 Columbus Road Kamis Properties, owner, proposes to build a single family residence in a C1 Semi-Industry District. Calendar No : 1957 Columbus Road Theresa Robert Andrews, owners, propose to erect a 3 story 1,733 square foot single family house with an attached garage on a 4,565 square foot lot in a C1 Local Retail Business District. Calendar No : Mitchell Avenue Julie Woyar, owner, proposes to install approximately 58 linear feet of 4 feet tall picket fence with a gate in the actual side street yard in an A1 One-Family Residential District. Calendar No : Lorain Avenue Assad s Bakery, owner, proposes to construct a parking lot in a C2 General Retail Business District an Urban Form Overlay District (UFO). Calendar No : Lorain Avenue Assad s Bakery, owner, proposes to construct a parking lot in a C2 General Retail Business District an Urban Form Overlay District (UFO). Secretary REPORT OF THE BOARD OF BUILDING STANDARDS AND BUILDING APPEALS NO MEETING PUBLIC NOTICE NONE NOTICE OF PUBLIC HEARING NONE 1259 CITY of CLEVELAND BIDS For All Departments Sealed bids will be received at the office of the Commissioner of Purchases Supplies, Room 128, City Hall, in accordance with the appended schedule, will be opened read in Room 128, City Hall, immediately thereafter. Each bid must be made in accordance with the specifications must be submitted on the blanks supplied for the purpose, all of which may be obtained at the office of the said Commissioner of Purchases Supplies, but no bid will be considered unless delivered to the office of the said commissioner previous to 12:00 noon (Eastern Stard Time) on the date specified in the schedule Negotiated contracts; Notice required in Advertisement for Bids. Where invitations for bids are advertised, the following notice shall be included in the advertisement: Pursuant to the MBE/FBE Code, each prime bidder, each minority business enterprise ( MBE ) each female business enterprise ( FBE ) must be certified before doing business with the City. Therefore, any prime contractor wishing to receive credit for using an MBE or FBE should ensure that applications for certification as to MBE or FBE status compliance with the Code, affirmative action in employment, if applicable, joint venture status, are submitted to the of - fice of Equal Opportunity ( OEO ) prior to the date of bid opening or submission of proposals or as speci - fied by the Director. Failure to comply with the business enterprise code or with representations made on these forms may result in cancellation of the contract or other civil or criminal penalties. THURSDAY, AUGUST 9, 2018 File No Brookfield Park Pavilion Site Improvements, for the Division of Architecture Site Development, Office of Capital Projects, as authorized by Ordinance No , passed by the Council of the City of Clevel, June 4, THERE WILL BE A NON-REFUND- ABLE FEE FOR PLANS AND SPECIFICATIONS IN THE AMOUNT OF FIFTY DOLLARS ($50.00) ONLY IN THE FORM OF A CASHIER S CHECK OR MONEY ORDER (NO COMPANY CHECKS, NO CASH AND NO CREDIT CARDS WILL BE ACCEPTED TO PURCHASE PLANS. ALL PLANS AND SPECI- FICATIONS MUST BE PUR- CHASED DIRECTLY FROM THE DIVISION OF PURCHASES AND SUPPLIES. BIDDERS MUST BE ON PLAN-HOLDERS LIST TO SUBMIT A BID OR RECEIVED ADDENDUMS.) THERE WILL BE A NON-MANDA- TORY PRE-BID MEETING, THURSDAY, JULY 26, 2018 AT 11:00 A.M. CLEVELAND CITY HALL, 601 LAKESIDE AVENUE, CLEVELAND, OHIO 44114, ROOM 517A.

62 62 The City Record July 25, 2018 NOTE: BID MUST BE DELIVERED AT THE OFFICE OF THE COM- MISSIONER OF PURCHASES AND SUPPLIES, CLEVELAND CITY HALL, 601 LAKESIDE AVENUE, ROOM 128, CLEVE- LAND, OHIO BEFORE 12 O CLOCK NOON (EASTERN TIME). File No Ballfield Site Improvements, for the Division of Architecture Site Development, Office of Capital Projects, as authorized by Ordinance No , passed by the Council of the City of Clevel, June 4, THERE WILL BE A NON-REFUND- ABLE FEE FOR PLANS AND SPECIFICATIONS IN THE AMOUNT OF FIFTY DOLLARS ($50.00) ONLY IN THE FORM OF A CASHIER S CHECK OR MONEY ORDER (NO COMPANY CHECKS, NO CASH AND NO CREDIT CARDS WILL BE ACCEPTED TO PURCHASE PLANS. ALL PLANS AND SPECI- FICATIONS MUST BE PUR- CHASED DIRECTLY FROM THE DIVISION OF PURCHASES AND SUPPLIES. BIDDERS MUST BE ON PLAN-HOLDERS LIST TO SUBMIT A BID OR RECEIVED ADDENDUMS.) THERE WILL BE A NON-MANDA- TORY PRE-BID MEETING, THURSDAY, JULY 26, 2018 AT 10:00 A.M. CLEVELAND CITY HALL, 601 LAKESIDE AVENUE, CLEVELAND, OHIO 44114, ROOM 517A. NOTE: BID MUST BE DELIVERED AT THE OFFICE OF THE COM- MISSIONER OF PURCHASES AND SUPPLIES, CLEVELAND CITY HALL, 601 LAKESIDE AVENUE, ROOM 128, CLEVE- LAND, OHIO BEFORE 12 O CLOCK NOON (EASTERN TIME). July 18, 2018 July 25, 2018 THURSDAY, AUGUST 16, 2018 File No High Performance Cold Mix Material, for the Division of Streets, Department of Public Works, as authorized by Section of the Codified Ordinances of Clevel, Ohio, THERE WILL BE A NON- MANDATORY PRE-BID MEETING, WEDNESDAY, AUGUST 8, 2018 AT 10:30 A.M. CLEVELAND CITY HALL, 601 LAKESIDE AVENUE, CLEVELAND, OHIO ROOM 8. NOTE: BID MUST BE DELIVERED AT THE OFFICE OF THE COM- MISSIONER OF PURCHASES AND SUPPLIES, CLEVELAND CITY HALL, 601 LAKESIDE AVENUE, ROOM 128, CLEVE- LAND, OHIO BEFORE 12 O CLOCK NOON (EASTERN TIME). File No Purchase of various Regular Synthetic Lubricants, for the Division of Motor Vehicle Maintenance, Department of Public Works, as authorized by Section of the Codified Ordinances of Clevel, Ohio, THERE WILL BE A NON- MANDATORY PRE-BID MEETING, TUESDAY, AUGUST 7, 2018 AT 10:00 A.M. MOTOR VEHICLE MAINTENANCE, 4150 EAST 49TH STREET, NEWBURGH HEIGHTS, OHIO 44105, BUILDING 1. NOTE: BID MUST BE DELIVERED AT THE OFFICE OF THE COM- MISSIONER OF PURCHASES AND SUPPLIES, CLEVELAND CITY HALL, 601 LAKESIDE AVENUE, ROOM 128, CLEVE- LAND, OHIO BEFORE 12 O CLOCK NOON (EASTERN TIME). File No Purchase of Gasoline, for the Division of Motor Vehicle Maintenance, Department of Public Works, as authorized by Section of the Codified Ordinances of Clevel, Ohio, THERE WILL BE A NON-MANDA- TORY PRE-BID MEETING, TUESDAY, AUGUST 7, 2018 AT 10:30 A.M. MOTOR VEHICLE MAINTENANCE, 4150 EAST 49TH STREET, NEWBURGH HEIGHTS, OHIO 44105, BUILD- ING 1. NOTE: BID MUST BE DELIVERED AT THE OFFICE OF THE COM- MISSIONER OF PURCHASES AND SUPPLIES, CLEVELAND CITY HALL, 601 LAKESIDE AVENUE, ROOM 128, CLEVE- LAND, OHIO BEFORE 12 O CLOCK NOON (EASTERN TIME). July 18, 2018 July 25, 2018 FRIDAY, AUGUST 17, 2018 File No Water Main Maintenance Insulation Replacement on Bridge Crossings, (Re-Bid), for the Division of Water, Department of Public Utilities, as authorized by Ordinance No , passed by the Council of the City of Clevel, July 13, THERE WILL BE A NON-REFUND- ABLE FEE FOR PLANS AND SPECIFICATIONS IN THE AMOUNT OF TWENTY-FIVE DOLLARS ($25.00) ONLY IN THE FORM OF A CASHIER S CHECK OR MONEY ORDER (NO COM- PANY CHECKS, NO CASH AND NO CREDIT CARDS WILL BE ACCEPTED TO PURCHASE PLANS. ALL PLANS AND SPECI- FICATIONS MUST BE PUR- CHASED DIRECTLY FROM THE DIVISION OF PURCHASES AND SUPPLIES. BIDDERS MUST BE ON PLAN-HOLDERS LIST TO SUBMIT A BID OR RECEIVED ADDENDUMS.) THERE WILL BE A NON-MANDA- TORY PRE-BID MEETING, FRI- DAY, JULY 27, 2018 AT 10:00 A.M. CARL B. STOKES PUBLIC UTIL- ITIES BUILDING, 1201 LAKE- SIDE AVENUE, CLEVELAND, OHIO 44114, 2ND FLOOR ATRI- UM CONFERENCE ROOM. NOTE: BID MUST BE DELIVERED AT THE OFFICE OF THE COM- MISSIONER OF PURCHASES AND SUPPLIES, CLEVELAND CITY HALL, 601 LAKESIDE AVENUE, ROOM 128, CLEVE- LAND, OHIO BEFORE 12 O CLOCK NOON (EASTERN TIME). July 18, 2018 July 25, 2018 THURSDAY, AUGUST 16, 2018 File No Basketball Tennis Court Site Improvements, for the Division of Architecture Site Development, Office of Capital 1260 Projects, as authorized by Ordinance No , passed by the Council of the City of Clevel, June 4, THERE WILL BE A NON-REFUND- ABLE FEE FOR PLANS AND SPECIFICATIONS IN THE AMOUNT OF FIFTY DOLLARS ($50.00) ONLY IN THE FORM OF A CASHIER S CHECK OR MONEY ORDER (NO COMPANY CHECKS, NO CASH, AND NO CREDIT CARDS WILL BE ACCEPTED TO PURCHASE PLANS. ALL PLANS AND SPECI- FICATIONS MUST BE PUR- CHASED DIRECTLY FROM THE DIVISION OF PURCHASES AND SUPPLIES. BIDDERS MUST BE ON PLAN-HOLDERS LIST TO SUBMIT A BID OR RECEIVED ADDENDUMS.) THERE WILL BE A NON-MANDA- TORY PRE-BID MEETING, THURSDAY, AUGUST 2, 2018 AT 10:00 A.M. CLEVELAND CITY HALL, 601 LAKESIDE AVENUE, CLEVELAND, OHIO 44114, ROOM 517A. NOTE: BID MUST BE DELIVERED AT THE OFFICE OF THE COM- MISSIONER OF PURCHASES AND SUPPLIES, CLEVELAND CITY HALL, 601 LAKESIDE AVENUE, ROOM 128, CLEVE- LAND, OHIO BEFORE 12 O CLOCK NOON (EASTERN TIME). July 25, 2018 August 1, 2018 FRIDAY, AUGUST 17, 2018 File No Almira Avenue Sewer Project, for the Division of Water Pollution Control, Department of Public Utilities, as authorized by Ordinance No , passed by the Council of the City of Clevel, May 14, THERE WILL BE A NON-REFUND- ABLE FEE FOR PLANS AND SPECIFICATIONS IN THE AMOUNT OF FIFTY DOLLARS ($50.00) ONLY IN THE FORM OF A CASHIER S CHECK OR MONEY ORDER (NO COMPANY CHECKS, NO CASH, AND NO CREDIT CARDS WILL BE ACCEPTED TO PURCHASE PLANS. ALL PLANS AND SPECI- FICATIONS MUST BE PUR- CHASED DIRECTLY FROM THE DIVISION OF PURCHASES AND SUPPLIES. BIDDERS MUST BE ON PLAN-HOLDERS LIST TO SUBMIT A BID OR RECEIVED ADDENDUMS.) THERE WILL BE A NON-MANDA- TORY PRE-BID MEETING, FRI- DAY, AUGUST 3, 2018 AT 10:00 A.M. DIVISION OF WATER POL- LUTION CONTROL, KIRBY AVENUE, CLEVELAND, OHIO NOTE: BID MUST BE DELIVERED AT THE OFFICE OF THE COM- MISSIONER OF PURCHASES AND SUPPLIES, CLEVELAND CITY HALL, 601 LAKESIDE AVENUE, ROOM 128, CLEVE- LAND, OHIO BEFORE 12 O CLOCK NOON (EASTERN TIME). July 25, 2018 August 1, 2018

63 July 25, 2018 The City Record 63 FRIDAY, AUGUST 24, 2018 File No State Road Water Main Renewal, for the Division of Water, Department of Public Utilities, as authorized by Ordinance No , passed by the Council of the City of Clevel, June 4, THERE WILL BE A NON-REFUND- ABLE FEE FOR PLANS AND SPECIFICATIONS IN THE AMOUNT OF TWENTY-FIVE DOLLARS ($25.00) ONLY IN THE FORM OF A CASHIER S CHECK OR MONEY ORDER (NO COM- PANY CHECKS, NO CASH AND NO CREDIT CARDS WILL BE ACCEPTED TO PURCHASE PLANS. ALL PLANS AND SPECI- FICATIONS MUST BE PUR- CHASED DIRECTLY FROM THE DIVISION OF PURCHASES AND SUPPLIES. BIDDERS MUST BE ON PLAN-HOLDERS LIST TO SUBMIT A BID OR RECEIVED ADDENDUMS.) THERE WILL BE A NON-MANDA- TORY PRE-BID MEETING, FRI- DAY, AUGUST 3, 2018 AT 10:00 A.M. CARL B. STOKES PUBLIC UTILITIES BUILDING, 1200 LAKESIDE AVENUE, CLEVE- LAND, OHIO 44114, 2ND FLOOR ATRIUM CONFERENCE ROOM. NOTE: BID MUST BE DELIVERED AT THE OFFICE OF THE COM- MISSIONER OF PURCHASES AND SUPPLIES, CLEVELAND CITY HALL, 601 LAKESIDE AVENUE, ROOM 128, CLEVE- LAND, OHIO BEFORE 12 O CLOCK NOON (EASTERN TIME). File No Large Valve Renewal Project Phase 2, for the Division of Water, Department of Public Utilities, as authorized by Ordinance No , passed by the Council of the City of Clevel, November 30, THERE WILL BE A NON-REFUND- ABLE FEE FOR PLANS AND SPECIFICATIONS IN THE AMOUNT OF TWENTY-FIVE DOLLARS ($25.00) ONLY IN THE FORM OF A CASHIER S CHECK OR MONEY ORDER (NO COM- PANY CHECKS, NO CASH, AND NO CREDIT CARDS WILL BE ACCEPTED TO PURCHASE PLANS. ALL PLANS AND SPECI- FICATIONS MUST BE PUR- CHASED DIRECTLY FROM THE DIVISION OF PURCHASES AND SUPPLIES. BIDDERS MUST BE ON PLAN-HOLDERS LIST TO SUBMIT A BID OR RECEIVED ADDENDUMS.) THERE WILL BE A NON-MANDA- TORY PRE-BID MEETING, FRI- DAY, AUGUST 3, 2018 AT 11:00A.M. CARL B. STOKES PUB- LIC UTILITIES BUILDING, 1200 LAKESIDE AVENUE, CLEVE- LAND, OHIO 44114, 2ND FLOOR ATRIUM CONFERENCE ROOM. NOTE: BID MUST BE DELIVERED AT THE OFFICE OF THE COM- MISSIONER OF PURCHASES AND SUPPLIES, CLEVELAND CITY HALL, 601 LAKESIDE AVENUE, ROOM 128, CLEVE- LAND, OHIO BEFORE 12 O CLOCK NOON (EASTERN TIME). July 25, 2018 August 1, 2018 ADOPTED RESOLUTIONS AND ORDINANCES Res. No By Council Members Brancatelli, Conwell Johnson (by departmental request). An emergency resolution declaring the intent to vacate a portion of Bellflower Court. Whereas, this Council is satisfied that there is good cause to vacate a portion of Bellflower Court, as described; Section 1. That this Council declares its intent to vacate a portion of the following described real property: Bellflower Court N.E. Situated in the City of Clevel, County of Cuyahoga State of Ohio being part of Original Lots Numbers 386, 387, 394, 395, 402, 403 as shown in the Re-Allotment Re-Survey of a part of the Wade Park Allotment in Volume 33, Page of the Cuyahoga County Map Records, further described as follows; Being all that portion of Bellflower Court N.E. (16.00 feet wide) extending from the N.E. right of way of Ford Drive N.E. (55.00 feet wide) Northeasterly to the S.W. right of way of Juniper Drive N.E. (60.00 feet wide). Legal Description approved by Greg Esber, Section Chief, Plats, Surveys House Numbering Section. Section 2. That this resolution is, provided it receives the immediately upon its adoption Adopted July 18, Res. No By Council Members Brancatelli Kelley (by departmental request). An emergency resolution approving the continuation of the Clevel Kamm s Area Special Improvement District as a Special Improvement District in the City; accepting petitions from owners of property in the District; approving a new plan for public services; declaring it necessary to provide safety, cleaning, other services for the District; providing for the assessment of the cost of such work upon benefited property in the District; declaring an emergency. Whereas, Chapter 1710 of the Ohio Revised Code ( Revised Code ) authorizes the formation of special improvement districts within the boundaries of a municipality by petition of property owners in a district approval by the 1261 municipality for the purpose of developing implementing plans for public improvements public services that benefit a district; Whereas, owners of at least sixty percent of the front footage of all real property located in the Clevel Kamm s Area Special Improvement District ( District ) that abuts upon any street, alley, public road, place, boulevard, parkway, park entrance, easement, or other existing public improvement within the District, excluding certain property as provided in Section (E) of the Revised Code, have signed petitions ( Petitions ) requesting that the City of Clevel ( City ) renew the District as described in this resolution; Whereas, the District is governed by the Clevel Kamm s Area Special Improvement District Corporation ( Corporation ) an Ohio nonprofit corporation formed under Chapters of the Revised Code; Whereas, under Section (F) of the Revised Code, the petitioners have proposed a new plan for public services benefitting all of the District ( Plan ), have submitted the Plan as part of the Petitions proposing continuation of the District; Whereas, the Petitions, including the Plan, have been submitted to the municipal executive ( Mayor ) the legislative authority ( Council ) of the City; Whereas, under Section (E) of the Revised Code, the City has sixty days to approve or disapprove the Petitions by resolution; Section 1. That the Petitions, including the Plan, are accepted approved are placed in File No A. Section 2. That, under Chapter 1710 of the Revised Code, the District is hereby continued for an additional five-year period commencing January 1, Section 3. That it is determined declared necessary conducive to the public health, convenience welfare of the City to provide safety security services, cleaning maintenance services, additional permitted services for the District, for an additional five-year period commencing January 1, Section 4. That it is determined that the property contained within the District will be specially benefited by the above described public services shall be assessed to pay for the cost of the services, calculated in proportion to the benefits that may result from the services. Section 5. That the Plan placed in the above mentioned file is approved at an estimated cost of $150,000. Section 6. That the entire cost of the Plan will be paid by special assessment of the property in the District levied in proportion to the benefits that may result from the services within the District. The cost of the Plan shall include the

64 64 The City Record July 25, 2018 cost of printing, serving, publishing notices, resolutions, ordinances, the costs incurred in connection with the preparation, levy, collection of the special assessments, expenses of legal services, the cost of all labor materials all other necessary expenditures Section 7. That the assessments to be levied shall be paid when levied in five-annual installments. The first annual installment shall be payable in cash to the Commissioner of Assessments Licenses of the City on or before January 15, All payments not received by the Commissioner by September 1, 2019, shall be certified to the Cuyahoga County Fiscal Officer to be placed on the tax duplicate collected the same as other taxes, as provided by law. The other four annual installments will be certified to the County to be placed directly on the tax duplicate. Section 8. That the City will not issue securities in anticipation of either the levy or the collection of the special assessments for the cost of the Plan. Section 9. That the City Commissioner of Assessments Licenses is authorized to prepare separately file with the Clerk of Council estimated assessment amounts for each lot or parcel of l to be assessed, which are based on the estimated cost of the Plan. After the estimated special assessments have been filed, the Clerk of Council shall cause notice of the adoption of this resolution the amounts of estimated special assessments to be served in the manner provided by law on the owners of all lots parcels to be assessed. Section 10. That this Council finds determines that all formal actions of this Council concerning relating to the passage of this resolution were adopted in an open meeting of the Council that all deliberations of the Council of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 11. That, pursuant to O.R.C , this resolution of necessity requires the affirmative vote of three-fourths of all the members elected to Council for passage. Section 12. That this resolution is, provided it receives the immediately upon its adoption Adopted July 18, Res. No By Council Members Griffin, Kelley, Zone, B. Jones, McCormack, Bishop, Clevel, Conwell, Johnson, Hairston, J. Jones Santana. An emergency resolution establishing a working committee of Council, the Jackson Administration, community stakeholders to study policies regarding fair application of marijuana charges, further decriminalization, preparedness for legalization of recreational marijuana; urging the Ohio General Assembly to further decriminalize marijuana possession by lowering penalties. Whereas, Ohio cities of Toledo, Athens, Bellaire, Logan, Newark, Roseville have passed ballot measures by initiative petition campaigns enacted ordinances that lowered the penalties for misdemeanor marijuana offenses, including possession of marijuana of 200 grams or less, to no fines or prison time; Whereas, after findings of uneven enforcement of marijuana charges against minorities, New York City responded by halting arrests for smoking marijuana in public convening a working group to examining police department policies; Atlanta responded by enacting an ordinance that lowers the penalty for small amounts of marijuana possession to a nominal fine with no prison time; Whereas, this Council the Administration will establish a working group, including the Health Department, Public Safety Department, City Planning Commission, other law enforcement agencies courts, Council, community stakeholders to study current policies, determine if a disproportionate number of charges are brought against minorities poor individuals, consider implementing policies promoting fairness further decriminalization through lower penalties; Whereas, this working committee will consider administratively halting marijuana possession arrests charges while studying fairness policies, as well as vacating misdemeanor marijuana-possession convictions in the future, as Seattle Washington is doing after state legalization; Whereas, the committee will also study the City s preparedness for eventual state legalization of marijuana, including planning for public safety, health, zoning, economic, tax, budgeting effects; Whereas, this Council urges the Ohio General Assembly to further decriminalize marijuana possession by lowering penalties eliminating prison time beyond minor misdemeanor convictions in order to avoid unnecessary incarceration; Section 1. That this Council establishes a working committee of Council, the Jackson Administration, community stakeholders to study policies regarding fair application of marijuana charges, further decriminalization, preparedness for legalization of marijuana; urges the Ohio General Assembly to further decriminalize marijuana possession by lowering penalties; supports a statewide ballot initiative to legalize marijuana. Section 2. That the Clerk of Council is directed to send copies of this resolution to Mayor Frank G. Jackson the Ohio General Assembly Section 3. That this resolution is measure, provided it receives it immediately upon its adoption Adopted July 18, Res. No By Council Member Bishop. An emergency resolution withdrawing objection to a New C1 Liquor Permit at 3643 East 116th Street repealing Resolution No , objecting to said permit. Whereas, this Council objected to a New C1 Liquor Permit at Waheb Zahriyeh, DBA Kwick Food Shop, 3643 East 116th Street, Clevel, Ohio 44105, Permit Number by Resolution No adopted by the Council on May 14, 2018; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to a New C1 Liquor Permit at Waheb Zahriyeh, DBA Kwick Food Shop, 3643 East 116th Street, Clevel, Ohio 44105, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member McCormack. An emergency resolution withdrawing objection to the transfer of stock of a D2, D2X, D3, D3A D6 Liquor Permit at 1293 West 9th Street repealing Resolution No , objecting to said transfer. Whereas, this Council objected to the transfer of stock of a D2, D2X, D3, D3A D6 Liquor Permit at Tomo Hibachi Restaurant, 1293 West 9th Street, Clevel, Ohio 44113, Permit No by Resolution No adopted by the Council on June 5, 2017; Whereas, this Council wishes to withdraw its objection to the above transfer consents to said transfer;

65 July 25, 2018 The City Record 65 Section 1. That objection to a D2, D2X, D3, D3A D6 Liquor Permit at Tomo Hibachi Restaurant, 1293 West 9th Street, Clevel, Ohio 44113, Permit No , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate transfer thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Clevel. An emergency resolution objecting to a New C1 Liquor Permit at 3420 Prospect Avenue, E. Whereas, Council has been notified by the Division of Liquor Control of an application for a New C1 Liquor Permit at Gobrs, Inc., DBA Gopuff, 3420 Prospect Avenue, E, Clevel, Ohio 44115, Permit Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; Whereas, the place for which the permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; Whereas, the place for which the permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; Whereas, the place for which the permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Section 1. That Council does hereby record its objection to a New C1 Liquor Permit at Gobrs, Inc., DBA Gopuff, 3420 Prospect Avenue, E, Clevel, Ohio 44115, Permit Number ; requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Clevel. An emergency resolution objecting to the transfer of stock of a D1, D3, D3X D6 Liquor Permit to 2215 Chester Avenue. Whereas, Council has been notified by the Division of Liquor Control of an application for a transfer of stock of a D1, D3, D3X D6 Liquor Permit at Chapati, LLC, DBA Chapati Indian Grill, 2215 Chester Avenue, Clevel, Ohio 44114, Permit Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; Whereas, the place for which the permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; Whereas, the place for which the permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; Whereas, the place for which the permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; 1263 for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Section 1. That Council does hereby record its objection to a transfer of stock of a D1, D3, D3X D6 Liquor Permit at Chapati, LLC, DBA Chapati Indian Grill, 2215 Chester Avenue, Clevel, Ohio 44114, Permit Number , requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Clevel. An emergency resolution withdrawing objection to the transfer of ownership of a C1 Liquor Permit at 2288 East 55th Street repealing Resolution No objecting to said permit. Whereas, this Council objected to a transfer of ownership of a C1 liquor permit at Pit Stop E55 Corp., 2288 East 55th Street, Clevel, Ohio 44103, Permit Number by Resolution No adopted by the Council on November 27, 2017; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the transfer of ownership of a C1 liquor permit at Pit Stop E55 Corp., 2288 East 55th Street, Clevel, Ohio 44103, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the

66 66 The City Record July 25, 2018 immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Griffin. An emergency resolution objecting to a New D5J D6 Liquor Permit at Euclid Avenue. Whereas, Council has been notified by the Division of Liquor Control of an application for a New D5J D6 Liquor Permit at TNTMX LLC, DBA Tacologist, Euclid Avenue, Clevel, Ohio 44106, Permit Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; Whereas, the place for which the permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; Whereas, the place for which the permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; Whereas, the place for which the permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Section 1. That Council does hereby record its objection to a New D5J D6 Liquor Permit at TNTMX LLC, DBA Tacologist, Euclid Avenue, Clevel, Ohio 44106, Permit Number ; requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member B. Jones. An emergency resolution withdrawing objection to the transfer of ownership of a C2 C2X Liquor Permit at 1930 East 79th Street repealing Resolution No objecting to said permit. Whereas, this Council objected to a transfer of ownership of a C2 C2X liquor permit at 79 Street Foods, LLC, 1930 East 79th Street, Clevel, Ohio 44103, Permit Number by Resolution No adopted by the Council on October 2, 2017; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the transfer of ownership of a C2 C2X liquor permit at 79 Street Foods, LLC, 1930 East 79th Street, Clevel, Ohio 44103, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Hairston. An emergency resolution objecting to the renewal of a D1, D2, D3, D3A D6 Liquor Permit at 1311 East 49th Street, 1st floor. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a 1264 manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a D1, D2, D3, D3A D6 Liquor Permit, Permit No owned by Larry Miller, DBA Bull Shooters Bar & Grill, 1311 East 49th Street, 1st floor, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Hairston. An emergency resolution objecting to the renewal of a D5 D6 Liquor Permit at 5238 St. Clair Avenue. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ;

67 July 25, 2018 The City Record 67 for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a D5 D6 Liquor Permit, Permit No owned by Wing Lung, Inc., 5238 St. Clair Avenue, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Hairston. An emergency resolution objecting to the renewal of a C1 C2 Liquor Permit at 7516 St. Clair Avenue, Unit A. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a C1 C2 Liquor Permit, Permit No owned by Two Brothers Foodtown, LLC, DBA Food Town Supermarket, 7516 St. Clair Avenue, Unit A, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Hairston. An emergency resolution objecting to the renewal of a C1 C2 Liquor Permit at 9021 St. Clair Avenue, 1st floor basement. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, 1265 Section 1. That Council does hereby record its objection to the renewal of a C1 C2 Liquor Permit, Permit No owned by 91st Corp., 9021 St. Clair Avenue, 1st floor basement, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Hairston. An emergency resolution objecting to the renewal of a D1 D2 Liquor Permit at St. Clair Avenue. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a D1 D2 Liquor Permit, Permit No owned by Food Xpress Gas, Inc., DBA Gas USA, St. Clair Avenue, Clevel, Ohio requests the Superintendent of the Division of Liquor

68 68 The City Record July 25, 2018 Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Hairston. An emergency resolution objecting to the renewal of a D5 Liquor Permit at Euclid Avenue. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a D5 Liquor Permit, Permit No owned by Blueprint, LLC, Euclid Avenue, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Hairston. An emergency resolution withdrawing objection to the transfer of ownership of a C1 Liquor Permit at 831 East 140th Street repealing Resolution No objecting to said permit. Whereas, this Council objected to a transfer of ownership of a C1 liquor permit at Amira Beverage, LLC, DBA TN Food Market, 831 East 140th Street, Clevel, Ohio 44110, Permit Number by Resolution No adopted by the Council on February 12, 2018; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the transfer of ownership of a C1 liquor permit at Amira Beverage, LLC, DBA TN Food Market, 831 East 140th Street, Clevel, Ohio 44110, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Brady. An emergency resolution withdrawing objection to the transfer of ownership of a C1, C2 D6 Liquor Permit at 3584 West 105th Street repealing Resolution No objecting to said permit Whereas, this Council objected to a transfer of ownership of a C1, C2 D6 Liquor Permit to Falguni Krupa, LLC, DBA Convenient Food Mart Store #365, 3584 West 105th Street, Clevel, Ohio 44111, Permit Number by Resolution No adopted by the Council on October 23, 2017; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the transfer of ownership of a C1, C2 D6 Liquor Permit to Falguni Krupa, LLC, DBA Convenient Food Mart Store #365, 3584 West 105th Street, Clevel, Ohio 44111, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Zone. An emergency resolution withdrawing objection to the renewal of a C1 Liquor Permit at West 65th Street, 1st floor basement repealing Resolution No objecting to said renewal. Whereas, this Council objected to the renewal of a C1 Liquor Permit to West 65th Street Beverage & Deli, Inc., DBA West 65th Street Market, West 65th Street, 1st floor basement, Clevel, Ohio 44102, Permit Number by Resolution No , adopted by the Council on August 16, 2017; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the renewal of a C1 Liquor Permit to West 65th Street Beverage & Deli, Inc., DBA West 65th Street Market, West 65th Street, 1st floor basement, Clevel, Ohio 44102, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof.

69 July 25, 2018 The City Record 69 Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Zone. An emergency resolution withdrawing objection to the renewal of a D1, D2, D3, D3A D6 Liquor Permit at Lorain Avenue, 1st floor basement repealing Resolution No objecting to said renewal. Whereas, this Council objected to the renewal of a D1, D2, D3, D3A D6 Liquor Permit to 79L Corp., Lorain Avenue, 1st floor basement, Clevel, Ohio 44102, Permit Number by Resolution No , adopted by the Council on August 16, 2017; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the renewal of a D1, D2, D3, D3A D6 Liquor Permit to 79L Corp., Lorain Avenue, 1st floor basement, Clevel, Ohio 44102, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Zone. An emergency resolution withdrawing objection to the renewal of a D2 D2X Liquor Permit at 8002 Detroit Avenue repealing Resolution No objecting to said renewal. Whereas, this Council objected to the renewal of a D2 D2X Liquor Permit to S & S Detroit, LLC, DBA American Food Market, 8002 Detroit Avenue, Clevel, Ohio 44102, Permit Number by Resolution No , adopted by the Council on August 16, 2017; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the renewal of a D2 D2X Liquor Permit to S & S Detroit, LLC, DBA American Food Market, 8002 Detroit Avenue, Clevel, Ohio 44102, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Zone. An emergency resolution withdrawing objection to the transfer of ownership of a C2 C2X Liquor Permit at 7310 Lorain Avenue repealing Resolution No objecting to said permit. Whereas, this Council objected to a transfer of ownership of a C2 C2X liquor permit at 7310 Lorain, LLC, 7310 Lorain Avenue, Clevel, Ohio 44111, Permit Number by Resolution No adopted by the Council on October 2, 2017; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the transfer of ownership of a C2 C2X liquor permit at 7310 Lorain, LLC, 7310 Lorain Avenue, Clevel, Ohio 44111, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Kazy. An emergency resolution objecting to the transfer of ownership of a D5 D6 Liquor Permit to Lorain Avenue. Whereas, Council has been notified by the Division of Liquor Control of an application for the transfer of ownership of a D5 D6 Liquor Permit from Mama Bear, LLC, Lorain Avenue & Patio, Clevel, Ohio 44111, Permit Number to Tilt, LLC, DBA Tilt Bar & Patio, Lorain Avenue, Clevel, Ohio 44111, Permit Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; Whereas, the place for which the permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; Whereas, the place for which the permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; Whereas, the place for which the permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Section 1. That Council does hereby record its objection to the transfer of ownership of a D5 D6 Liquor Permit from Mama Bear, LLC, Lorain Avenue & Patio, Clevel, Ohio 44111, Permit Number to Tilt, LLC, DBA Tilt Bar & Patio, Lorain Avenue, Clevel, Ohio 44111, Permit Number ; requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives

70 70 The City Record July 25, 2018 it immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Keane. An emergency resolution withdrawing objection to the transfer of ownership of a D5 Liquor Permit at Lorain Avenue repealing Resolution No objecting to said permit. Whereas, this Council objected to a transfer of ownership of a D5 liquor permit at Throwbacks Lorain, LLC, Lorain Avenue, Clevel, Ohio 44111, Permit Number by Resolution No adopted by the Council on February 12, 2018; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the transfer of ownership of a D5 liquor permit at Throwbacks Lorain, LLC, Lorain Avenue, Clevel, Ohio 44111, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Polensek. An emergency resolution objecting to the renewal of a C1 C2 Liquor Permit at 870 East 185th Street. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a C1 C2 Liquor Permit, Permit No owned by MKJ Corp., DBA Quix Food Store, 870 East 185th Street, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Polensek. An emergency resolution objecting to the renewal of a C1 C2 Liquor Permit at 910 East 185th Street. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation 1268 of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a C1 C2 Liquor Permit, Permit No owned by Petro Energy Northeast, Inc., 910 East 185th Street, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Polensek. An emergency resolution objecting to the renewal of a C1 Liquor Permit at 1150 East 185th Street. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore,

71 July 25, 2018 The City Record 71 Section 1. That Council does hereby record its objection to the renewal of a C1 Liquor Permit, Permit No owned by Bay Village Julien, Inc., DBA E 185th Shell, 1150 East 185th Street, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Brancatelli. An emergency resolution objecting to the renewal of a D1, D3, D3A D6 Liquor Permit at 4002 Jennings Road, 1st floor patio. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a D1, D3, D3A D6 Liquor Permit, Permit No owned by ICB 1, Inc., DBA The S Bar, 4002 Jennings Road, 1st floor patio, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Brancatelli. An emergency resolution objecting to the renewal of a D5 Liquor Permit at Lansing Avenue, 1st floor basement. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a D5 Liquor Permit, Permit No owned by World Transfers, LLC, DBA Shelia s Bar & Grille, Lansing Avenue, 1st floor basement, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to 1269 transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Polensek. An emergency resolution objecting to the renewal of a C1, C2 D6 Liquor Permit at Waterloo Road & Gas Pumps. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a C1, C2 D6 Liquor Permit, Permit No owned by Lucky Times, LLC, DBA Freeway Sunoco, Waterloo Road & Gas Pumps, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the

72 72 The City Record July 25, 2018 Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Polensek. An emergency resolution objecting to the renewal of a C1, C2 D6 Liquor Permit at Lakeshore Boulevard. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a C1, C2 D6 Liquor Permit, Permit No owned by Nihaal, Inc., DBA Lakeshore Citgo, Lakeshore Boulevard, Clevel, Ohio requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives it immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member B. Jones. An emergency resolution withdrawing objection to the transfer of location of a D1 D2 Liquor Permit at 6001 Euclid Avenue, Suite 110, repealing Resolution No , objecting to said transfer. Whereas, this Council objected to the transfer of location of a D1 D2 Liquor Permit to Vintage 59, LLC, 6001 Euclid Avenue, Suite 110, Clevel, Ohio 44114, Permit No by Resolution No adopted by the Council on April 9, 2018; Whereas, this Council wishes to withdraw its objection to the above transfer consents to said transfer; Section 1. That objection to the transfer of location of a D1 D2 Liquor Permit to Vintage 59, LLC, 6001 Euclid Avenue, Suite 110, Clevel, Ohio 44114, Permit No , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate transfer thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Kelley. An emergency resolution withdrawing objection to the transfer of ownership of a D2, D2X, D3, D3A D6 Liquor Permit at 4693 State Road, 1st floor basement front, repealing Resolution No objecting to said permit. Whereas, this Council objected to a transfer of ownership of a D2, D2X, D3, D3A D6 Liquor Permit to GG Cle, LLC, DBA Shade, 4693 State Road, 1st floor basement front, Clevel, Ohio 44109, Permit Number by Resolution No adopted by the Council on June 4, 2018; Whereas, this Council wishes to withdraw its objection to the above 1270 permit consents to said permit; Section 1. That objection to the transfer of ownership of a D2, D2X, D3, D3A D6 Liquor Permit to GG Cle, LLC, DBA Shade, 4693 State Road, 1st floor basement front, Clevel, Ohio 44109, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, Res. No By Council Member Bishop. An emergency resolution withdrawing objection to the transfer of ownership of a C1 Liquor Permit at Miles Avenue repealing Resolution No objecting to said permit. Whereas, this Council objected to a transfer of ownership of a C1 Liquor Permit to Dolgen Midwest, DBA Dollar General Store, #19256, Miles Avenue, Clevel, Ohio 44105, Permit Number by Resolution No adopted by the Council on October 9, 2017; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Section 1. That objection to the transfer of ownership of a C1 Liquor Permit to Dolgen Midwest, DBA Dollar General Store, #19256, Miles Avenue, Clevel, Ohio 44105, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the immediately upon its adoption approval by the Mayor; otherwise, it Adopted July 18, 2018.

73 July 25, 2018 The City Record 73 Ord. No By Council Member Brancatelli (by departmental request). An ordinance to repeal Section of the Codified Ordinances of Clevel, Ohio, 1976, as amended by Ordinance No , passed May 12, 2003, relating to Townhouse (RA) Districts; to supplement the codified ordinances by enacting new Section , relating to Townhouse (RA) Districts. Section 1. That Section of the Codified Ordinances of Clevel, Ohio, 1976, as amended by Ordinance No , passed May 12, 2003, is repealed. Section 2. That the Codified Ordinances of Clevel, Ohio, 1976, are supplemented by enacting new Section to read as follows: Section Townhouse (RA) Districts) (a) Purpose. Townhouse Districts (i.e., Residential Attached Districts) are established to set the requirements for the form, site plan building features of townhouse developments. Safe sidewalks, inviting streets compelling urban form are essential elements of vibrant, walkable urban neighborhoods. The inherent density of townhouses is a key component of this vision, but without thoughtful site planning design, this goal will not be fully realized. The provisions of this section are intended to make these elements the stards for developments in Clevel s neighborhoods. (b) Definitions. (1) Townhouse Unit is a single or two (2) family dwelling on its own lot, served by its own exclusive exterior pedestrian entrance, attached to one (1) or more other such units by fire walls or fire separation walls. (2) Townhouse Building is a building composed of two (2) or more townhouse units. (3) Principal Pedestrian Entrance is the exterior door exclusive to the dwelling unit that offers a pedestrian the most visible direct means of ingress egress to a public right of way. (4) Principal Street Frontage is the Street Line where the Townhouse Unit s Principal Pedestrian Entrance is located. Where a townhouse has a lot line abutting a Public Space, that frontage shall be regulated as a Principal Street Frontage. (5) "Secondary Street Frontage" means that on corner lots, all street lines that are not the Principal Frontage are considered Secondary Street Frontages; also known as the side street frontage. (6) Interior Frontage For lots fronting an Alley or without a Street Line, the Interior Frontage is the frontage of a townhouse where the Principal Pedestrian Entrance is located. (7) Frontage build-out means the portion of the Principal Secondary Street Frontage containing a building. (8) Active Uses are those habitable spaces of a dwelling most often used for living, eating or cooking. These spaces encourage eyes on the street include such spaces as living rooms, offices, kitchens, or similar. Nonhabitable spaces, garages, hallways, corridors, bathrooms, closets, storage, mechanical rooms, utility spaces, or similar are not considered Active Uses. (9) Human-scaled materials are defined as twelve inch (12") maximum width in either the vertical or the horizontal dimension. The other dimension is unlimited. Examples include brick, stone, wood, fiber-cement lap siding, terra cotta, or similar materials. (c) District Establishment. The following Townhouse Districts are hereby established: RA-1, RA-2, RA-3 (with the abbreviation RA indicating Residential, Attached the numeral indicating that the districts are listed in order of densite, from lowest to highest. ). (d) Permitted uses in all RA Districts. A. Townhouses Permitted B. Accessory uses As permitted in the Two-Family District (e) Site Planning Design No Building Permit shall be issued for the original construction of a townhouse unit or Townhouse Building without approval of the Director of the City Planning Commission, which shall seek to ensure that the development meets the spirit intent of division (a) by applying the stards set forth below: (1) Compatibility. The development shall be visually compatible with nearby properties with respect to such design elements as scale, height, setbacks, orientation to existing streets, roof lines, architectural character, materials, colors, proportions of architectural features. (2) Site Layout. Buildings, structures lscape features shall be arranged so as to create visual interest, promote security personal safety, promote safe, efficient, comfortable pedestrian circulation, facilitate safe efficient vehicular circulation, conserve natural features provide usable common private open space. (3) Building Features. Townhouse units shall contribute to the character of the neighborhood by drawing from the best examples of architecture urbanism. Townhouse units shall be designed to create active, attractive, street frontages that promote safety walkability using the essential elements of traditional urban architecture as regulated in division (f) of this code. (4) Circulation Parking. Circulation parking shall be designed to achieve the following: A. Provide proper access for service safety vehicles B. Minimize conflicts between pedestrians vehicles C. Minimize the number of curb cuts D. Maximize opportunities for on-street parking street trees by prohibiting front loaded garages unenclosed parking in front yards. E. Prohibits placement of garage doors so close to sidewalks as to impair pedestrian safety. (f) Area, Yard, Siting Design Regulations. The following yard area regulations shall apply in RA-1, RA-2, RA-3 Districts. 1271

74 74 The City Record July 25, 2018 RA-1 RA-2 RA-3 (1) Lot Dimensions No min (2) Setbacks Where applicable Requirements A. Front Yard Depth 1 Principal Min: 20' or, if greater, Min: 10' Min: 0' See Section (g)(2). below for the average setback Max: 20' Max: 12' Frontage Diagram. of the buildings within 100' on both sides. Max: none Secondary Min: 7' Min: 5' Min: none Interior Min: 10' Min: 8' Min: 7' C. Interior Side Yard Depth 2 Adjoining 1 or Min: 10' Min: 5' Min: 3' 2-Family District Adjoining Other Min: 7' Min: 5' Min: none District D. Rear Yard Depth Rear lot line Min: 15' Min: 10' Min: 7' adjoining 1 or 2-Family District Rear lot line Min: 10' Min: 10' Min: none adjoining Other District (3) Building Design Features A. First-story glazing Principal Min: 35% % of facade required to be Where the finished first floor is 48" or more above grade: transparent windows Min. 20% glazing between grade the finished first floor, doors between 3' 7' less Frontage Feature areas. above finished floor. Secondary Min: 25% Where the finished first floor is 48" or more above grade: Min. 20% glazing between grade the finished first floor, less Frontage Feature areas. Interior Min: 20% B. Active uses on first story Principal Required on 60 % of total Frontage Buildout. Min depth: 9' Secondary Interior No requirement No requirement C. Floor Area Ratio No requirement D. Entrances Each unit with a Street Line shall provide a Principal Pedestrian Entrance directly to that Street Line or Interior Frontage. Corner lots are required only one (1) Principal Pedestrian Entrance. E. Frontage feature (See Figure (g)(1). of A or B Required B, C or E B, C, D or E this section) Min. porch depth: 6' Required Required Min. area: 16 Min. area: 16 sq. ft. sq. ft. F. Height of finished first Principal Min: 18" Min: 24" Min: 28" floor above grade Max: 4' Max: 4' Max: 5'6" Secondary Min: 18" Min: 24" Min: 28" Max: 4' Max: 4' Max: 5'6" Interior Min: 12" Min: 12" Min: 18" Max: 5'6" Max: 5'6" Max: 5'6" G. First floor materials; Human scaled; ex. brick, stone, lap siding, wood, terra cotta or similar Principal, Secondary Above first-story: Materials in any dimension are permitted. Prohibited Materials on Principal Secondary Street Frontage: plain split-face concrete masonry units synthetic stucco. (4) Garages, Car Openings Driveways A. Garage or Car Openings Not Permitted fronting a Principal Secondary Street Frontage 1272

75 July 25, 2018 The City Record 75 B. Garage or Car Openings Streetscreen or fence required at actual Principal Secondary Street setback, perpendicular to a Principal minus permitted driveways. Secondary Street Frontage Streetscreens or fence shall be a min. 3.5' in height, max. height as allowed by the Zoning Code. C. Garage or Car Openings Streetscreen or fence is required along the shared rear/side yard property line. within an established front Streetscreen or fence shall be a min. 3.5' in height, max. height as allowed by yard setback on a Secondary the Zoning Code. Street D. Alley access Where an alley abuts the development, no curb cuts shall be permitted on Principal or Secondary Street Frontage. E. One-way vehicular Max: 11' driveway width F. Two-way vehicular driveway Max: 18' serving multiple units width G. Continuous at-grade Required sidewalk apron 1 Except that any mapped or established setback shall prevail over the setbacks of this section. 2 Does not apply to lot lines separating attached dwellings as a non-condominium townhouse development 3 For infill townhouses: Height of Finished Floor above grade shall match the typical height found in the adjacent context. Where the Height of Finished Floor above grade in the adjacent context is outside the range set forth in division (f)(3)f. the Height of Finished Floor above grade shall be set at the min or max permitted by division (f)(3)f. (g) Diagrams & Modifications (1) 1273

76 76 The City Record July 25, 2018 (2) Frontage Diagram (3) Administrative Modifications. The Director of City Planning may require a numerical stard that is different from the stard under section (f) of up to twenty (20) percent in any direction if it is determined that such relief will result in a townhouse or townhouse building that is more appropriately situated /or more consistent with its context. This provision shall not apply to section (f)(3)f. Example application of Director discretion: In the RA-3 District the Director may administratively reduce the required Interior Front Yard Depth from the numerical stard of 7' to 5'7" (7' x 0.8 =5' 7"). (h) Procedures Appeals (1) Application of the RA Code. In all zoning districts other than a mapped Townhouse District, proposed townhouse developments shall be reviewed under the RA District whose front yard setback in section (f)(2)a. most closely matches or complements the zoning district of the proposed development as determined by the Director of City Planning. To determine which RA District the development shall be reviewed under: A. Determine the existing typical front yard setback of the zoning district of the proposed development. B. For proposals to be constructed at mid-block, the RA District whose front yard setback range most closely aligns with the setback of the existing buildings on the block shall be applied. C. For proposals to be constructed on corners, context from the buildings on the adjacent corners of the intersection as well as those buildings on the specific block should be considered, the RA District whose front yard setback range most closely aligns with the front yard setback of the existing buildings at the intersection shall be applied. (2) Townhouses in Single or Two Family Districts. In any zoning district where a townhouse use is not permitted by right (ex. Single Family, Two Family), the City Planning Commission shall determine, based on the application of division (d) of this Section, if a townhouse use shall be permitted. Section 3. That this ordinance allowed by law. Passed July 18, Effective August 17, Ord. No By Council Member Brancatelli (by departmental request). An ordinance to supplement the Codified Ordinances of Clevel, Ohio, 1976, by enacting new Sections , relating to the Central Business District (CBD); to amend various sections of Chapters

77 July 25, 2018 The City Record 77 Section 1. That the Codified Ordinances of Clevel, Ohio, 1976, are supplemented by enacting new Sections to read as follows: CHAPTER 356 Central Business District (CBD) Section Properties within the Central Business District Notwithsting the provisions of Chapters to the contrary, any property within the boundary of the Central Business District as defined in , shall conform to the requirements under this Chapter. Section Screening of Structured Parking; Liner Buildings (a) Where Required within the Central Street frontages Required Business District Alleys, Ways & Courts Not required frontages (b) Height (c) Width (d) Depth (e) Active Uses (f) First Story Glazing, non-residential Liner Buildings, all Frontages except Alleys (g) First Story Glazing, residential Liner Buildings, all Frontages except Alleys Height of Liner Building shall be equal to or greater than the Height of the structured parking building. Ground floor: The Liner Building shall at minimum equal the width of the parking it screens, less the permitted vehicular access points. Upper floors: The Liner Building shall at minimum equal the width of the structured parking building. Depth of Liner Building shall be a minimum of 15'. Required along 70% of all frontages not designated as an alley. 70% min. of Building Frontage between 2' 6" 7'6" above grade shall be transparent windows doors 30% min. of Building Frontage between 3' 8' above grade shall be transparent windows doors (h) Parking service access Street frontages Max. openings per frontage: 1 Max. opening width: 24' Max. opening height for parking entrance: 11' Max. opening height for service access: 14' Continuous at-grade sidewalk apron required Alleys, Ways & Courts frontages Unlimited (i) Valet zones Shall not reduce existing sidewalk width, or shall maintain 8' min. through pedestrian sidewalk zone. Liner Building shall have the same meaning as provided in Section Section 2. That the following sections of the Codified Ordinances of Clevel, Ohio, 1976: Section , as amended by Ordinance No A-48, passed December 19, 1949, Section , as amended by Ordinance No , passed June 12, 2000, Section , as amended by Ordinance No A-48, passed December 19, 1949, Section , as amended by Ordinance No , passed September 18, 1961, Sections , , , as amended by Ordinance No A-48, passed December 19, 1949, Section , as amended by Ordinance No , passed May 18, 1987 are amended to read as follows: Section Area Districts Established Exceptions (a) The City is hereby divided into area districts which are specified in the table of Section are designated on the Building Zone Map. (b) The provisions of this chapter shall not apply to any property within the boundary of the Central Business District as defined in Section Residence Buildings Other Main Buildings in Residence District (a) Except as provided in Sections to , in any use district, no residence building shall hereafter be erected, established or altered except in conformity with the limitations requirements specified in the following table. (b) In a Residence District, no main building, irrespective of occupancy classification, shall hereafter be erected, established or altered except in conformity with the maximum gross floor area limitation specified in the following table: 1275

78 78 The City Record July 25, 2018 Area Regulations for Residence Buildings in All Use Districts for All Main Buildings in Residence Districts Area Maximum Minimum Lot Width** Minimum Minimum Lot Area District Gross Floor (feet) Street (square feet) Floor Area Frontage*** (feet) Any Dwelling Any One Main Family Building in Dwelling Residence District Two Family Dwelling Minimum Class A One Row Floor Multiple Family One Two House: Area per District Two Family Family per Family Dwelling Dwelling Dwelling per Primary Residential Dwelling Dwelling Unit Building Unit (square feet) AA 1/2 lot area A 1/2 lot area B 1/2 lot area C* 1/2 lot area D* lot area E* 1-1/2 lot area F* 2 lot area G* 3 lot area H* 4 lot area J* 5 lot area K* 6 lot area * Shall not apply to alterations made to an existing building in a Residence district nor to an existing residence building in another use district, which building exceeds the maximum gross floor area limitation, provided the gross floor area of such existing building is not increased. ** Measured at building line. *** Lot width measured at front street line. Section Application of Yard Regulations The provisions of this chapter establish required yards in various use districts as follows: (a) Residence Districts. Front, rear side yards for all main buildings. A main building other than a residence permitted in a Residence District shall observe the same yard requirements as a residence; (b) Local Retail Business Districts. Front yards for all main buildings premises, side street yards for all main buildings premises on corner lots; (c) Local Retail Business Districts, Retail Business Districts, Semi-Industry Districts General Industry Districts. Rear side yards for all residence buildings buildings of Institutional H Occupancy Classification. Residence buildings in General Industry Districts in certain parts of Semi-Industry Districts are permitted only on special permit from the Board of Zoning Appeals; (d) Any Use District. Front yards when established by specific building lines shown on the Building Zone Map; (e) The provisions of Chapter 357 shall not apply to any property within the boundary of the Central Business District as defined in Section (f) Other Special Yard Requirements. As hereinafter established. Section Yards for Mixed Occupancy Buildings Used in Part for Residential or Institutional H Whenever any building of mixed occupancy is used or occupied in part for Residential Occupancy or Institutional H Occupancy, the part of the building so used shall be so located in respect to lot lines as to provide the yard spaces required by this chapter. Any building of mixed occupancy occupied in part as a dwelling house shall have side yards a rear yard as required for dwelling houses. Section Required Rear Yards (a) Where Required. (1) Buildings of Residential Occupancy Institutional H Occupancy Classification. Rear yards conforming to the provisions of this section shall be provided maintained at the rear of all buildings or parts of buildings of Residential Occupancy or Institutional H Occupancy Classification irrespective of the use district in which they are located. A rear yard provided for a Class B Multiple Dwelling in the Central Business District shall conform to the provisions of Section (2) Main buildings in Residence Districts. Rear yards conforming to the provisions of this section shall be provided maintained at the rear of all main buildings in Residence Districts, irrespective of the occupancy classification of the building. (b) Depth of Required Rear Yards. 1276

79 July 25, 2018 The City Record 79 (1) Residence Districts. In a Residence District the depth of a rear yard shall be not less than fifteen percent (15%) of the depth of the lot but in no case less than twenty (20) feet; provided that in a Limited One-Family District, One-Family District or Two-Family District, such depth shall be not less than the height of the main building, in a Multi-Family District such depth shall be not less than one-half (1/2) the height of the main building. (2) Use districts other than Residence Districts. In a use district other than a Residence District the depth of a required rear yard in connection with a building of Residential Occupancy or Institutional H Occupancy Classification shall be not less than fifteen percent (15%) of the depth of the lot but in no case less than twenty (20) feet or less than one-half (1/2) the height of the main building. (3) Irregularly Shaped Lots. In the case of an irregular, triangular or segment-shaped lot, the required depth of a required rear yard shall be interpreted to mean the average depth, provided that no required rear yard on any lot in a Residence District or in connection with buildings of Residential Occupancy or Institutional H Occupancy Classification shall be less than ten (10) feet in depth at any point. (4) Rear Yards Abutting Alleys. Where the rear yard abuts is parallel to an alley, one-half (1/2) the width of such alley may be assumed to be a portion of such rear yard. Section Required Interior Side Yards (a) Where Required. (1) Interior side yards conforming to the provisions of this section shall be provided maintained along the interior side lot lines of all buildings or parts of buildings of Residential Occupancy or Institutional H Occupancy Classification irrespective of the use district in which they are located. (2) Interior side yards conforming to the provisions of this Zoning Code shall be provided maintained along the interior side lot lines of all main buildings in Residence Districts irrespective of the occupancy classification of the building. (b) Width. (1) Limited One-Family Districts. In a Limited One-Family District the minimum width of an interior side yard shall be five (5) feet the aggregate width of side yards on the same premises shall be not less than twenty (20) feet. No building shall be erected less than twenty (20) feet from a main building on an adjoining lot within such District, nor less than ten (10) feet from a main building on an adjoining lot in other Residence Districts. (2) Other Residence Districts. A. In Residence Districts other than Limited One-Family Districts the aggregate width of side yards on the same premises shall be not less than one-half (1/2) the height of the main building but in no case less than ten (10) feet. No building shall be erected less than ten (10) feet from a main building on an adjoining lot within such Residence Districts. B. In a One-Family District or in a Two-Family District no interior side yard, except as provided in subsection (b)(1) hereof, in any use district no interior side yard on a lot occupied by a dwelling house shall be less than five (5) feet in width for a corner lot, nor less than three (3) feet in width for an interior lot, nor shall the aggregate width of side yards on the same premises be less than ten (10) feet. However, the width of any such interior side yard shall in no case be less than one-fourth (1/4) the height of the main building on the premises. C. In Multi-Family Districts no interior side yard, in any use district not a Residence District no required interior side yard in connection with multiple dwellings or buildings of Institutional H Occupancy Classification shall be less in width than one-fourth (1/4) the height of the main building on the premises nor less than eight (8) feet. However, when the length of such main building measured parallel to an adjoining interior lot line exceeds forty (40) feet, the area of that part of the interior side yard abutting the building, including the area of any outer court opening on such interior side yard, shall be not less than one- third (1/3) the height of the building multiplied by the length of the building measured parallel to the adjoining interior lot line; provided further that when the side yard provides all required light ventilation for all the habitable rooms of any dwelling unit, such area shall be not less than one-half (1/2) the height of the building multiplied by the length of the building. (3) Irregularly Shaped Lots. In the case of an irregular, triangular or segment-shaped lot, the required width of a required interior side yard shall be interpreted to mean the average width, provided that no such required interior side yard on any lot shall be less than three (3) feet in width at any point. (4) Interior Side Yards Adjoining Alleys. A. An alley line at the side of a lot shall be deemed to be an interior side lot line. B. The half-width of an alley abutting parallel to the side line of a lot may be considered as part of an interior side yard required on that side. However, in all cases a setback from the alley line of not less than three (3) feet shall be provided. (5) Interior Side Yards Adjoining Nonconforming Side Yards. For a period of one (1) year from after January 29, 1950, in Multi-Family Districts on any lot where the adjoining interior side yard of an existing building does not conform to the provisions of subsection (b)(2)c. hereof, the minimum width area of the interior side yard on that side may be the average between the requirements specified in subsection (b)(2)c. hereof, such existing adjoining side yard, but if such existing side yard is less in width than one-sixth (1/6) its building height (the ordinance requirement in effect prior to the adoption of Ordinance 2204-A-48) then the existing side yard shall be figured at one-sixth (1/6) the height of its building. Section Yards for Buildings Not of Residential Occupancy or Institutional H Occupancy Classification (a) Where the provisions of Sections to do not apply, rear yards interior side yards extending to rear yards for required windows in buildings or parts of buildings not of Residential Occupancy or Institutional H Occupancy Classification, shall have a width at any given height of not less than three (3) inches for each foot of such height measured from the bottom of such yard as actually constructed, or from the grade level, whichever is higher, but in no case shall any such yard be less than five (5) feet in width. As used in this section the width of a rear yard means the distance from the extreme rear wall of the main building to the rear lot line, the width of a side yard means the distance from the extreme side wall of the building to the adjoining side lot line. (b) In the case of irregular, triangular or segment- shaped lots, the required width of such yard shall be interpreted to mean the average width, provided that no such yard shall be less in width at any point than three (3) feet. 1277

80 80 The City Record July 25, 2018 (c) The half-width of an alley abutting parallel to a lot line may be considered as part of a yard provided along such lot line. (d) An interior side yard which does not extend to a rear yard of required dimensions shall be deemed to be an outer court shall conform to the applicable provisions of Section Section Yard Heights Regulations (a) Level of Bottom of Yard. (1) Residence Districts. A. In Limited One-Family Districts, One-Family Districts Two-Family Districts every rear yard interior side yard, in Multi-Family Districts every rear yard interior side yard for a dwelling house or row house, shall begin at a level not higher than the grade level or, where the grade level of an abutting lot is at a higher level, at a level not higher than the grade level of the abutting lot. B. In Multi-Family Districts every rear yard interior side yard shall begin at a level not more than five (5) feet above grade level, except that rear yards interior side yards for dwelling houses or row houses shall begin at the level specified in subsection (a)(1)a. hereof. (2) Use Districts Other than Residence Districts. A. In use districts other than Residence Districts every rear yard or interior side yard for a dwelling house or row house shall begin at a level not higher than the grade level, or where the grade level of an abutting lot is at a higher level, at a level not higher than the grade level of the abutting lot. B. In use districts other than Residence Districts a rear yard or interior side yard for a building other than a dwelling house or row house shall begin at a level not lower than the window sill level of the lowest habitable room or lowest room of human occupancy relying upon natural light or natural ventilation from windows opening thereon, the height of such yard shall be measured from the bottom of such yard as actually constructed, or from the grade level, whichever is higher. (b) Application of Yard Depth or Width Requirements. (1) The required depth or width of a yard in a Residence District, or for a residence building or building of Institutional H Occupancy Classification in other use districts, shall be the depth or width required for the full height of such yard shall conform to the provisions of subsection (b)(2) hereof. (2) The abutting walls of yards provided under the provisions of Section , may be set back at various levels to provide the required width specified therein. (3) In establishing the required depth of a rear yard or required width of an interior side yard as determined by the height of a building, such height shall be deemed to be the height of that portion of the building which abuts the yard; provided that such height shall not be required to include any portion of the building which extends above the height limit specified in Section is set back from the required yard lines as prescribed in Section Section Courts (a) Width Area of Required Courts. (1) General Provisions. No court serving a required window shall be less in any part than the minimum sizes prescribed in this section no court, required or not, shall be less than five (5) feet in width. (2) Outer Courts Opening on Alleys. When an outer court opens directly upon an alley extending parallel to the opening, one-half (1/2) the width of such alley may be assumed to be a portion of such court. (3) Widths of Courts Serving Habitable Rooms. A. Every outer court required to serve windows in habitable rooms shall have a width at any level of not less than four (4) inches for each foot or fraction thereof of the height of such court at that level, but not less than ten (10) feet; such width at any level shall be not less than three (3) inches for each foot or fraction thereof of the height of such court at that level, but not less than five (5) feet; except that where the length of an outer court is ten (10) feet or less, the minimum width may be five (5) feet. B. Every inner court required to serve windows in habitable rooms shall have a width at any level of not less than one (1) foot for each foot or fraction thereof of the height of such court at that level, but not less than ten (10) feet; such width at any level shall be not less than eight (8) inches for each foot or fraction thereof of the height of such court at that level, but not less than ten (10) feet. (4) Widths of Courts Serving Other than Habitable Rooms. Every outer or inner court required to serve windows in other than habitable rooms shall have a width at any level of not less than three (3) inches for each foot or fraction thereof of the height of such court at that level, but not less than five (5) feet. (5) Widths of Irregular Shaped Courts. In the case of irregular or segment-shaped courts, the average width of such court shall be not less than the required width of such court, provided that no such court shall be less than five (5) feet in width at any point. (6) Area of Courts. A. The cross-sectional area of a required inner court at any level shall be not less than one one-half (1-1/2) times the square of its required width. B. The cross-sectional area of a required outer court at any level shall not be greater than three (3) times the square of its width; for outer courts greater in length than three (3) times the required width, the width shall be increased so that the cross- sectional area shall be not greater than three (3) times the square of its width. (b) Application of Court Width Area Requirements. (1) In Residence Districts, for buildings of Residential Occupancy or Institutional H Occupancy Classification in other use districts, the required width cross-sectional area of a court at its highest level shall be the width cross-sectional area required for its full height. (2) Except as provided in subsection (b)(1) hereof, walls of courts may be set back at various levels to provide the width cross-sectional area specified in this section. (c) Air Intakes for Courts Serving Habitable Rooms. Every court serving one (1) or more habitable rooms that does not open for its full height on one (1) or more sides on a street, alley or other permanent open public space, or upon a yard conforming to the provisions of this Zoning Code, shall be connected, at or near the bottom, with a street, alley or other permanent open public space, or with a yard conforming to the provisions of this Zoning Code, by an intake or passage. Such intake or passage shall have a cross-sectional area of not less than twenty-one (21) square feet, shall be maintained fully open at both ends unobstructed for its full size length, except that grilles may be permitted at the ends. (d) Encroachments upon Required Courts. 1278

81 July 25, 2018 The City Record 81 (1) Every court shall remain unobstructed for its required width full height, except that for outer courts, cornices, eaves downspouts projecting not more than twelve (12) inches from a wall, ordinary window sills or belt courses projecting not more than four (4) inches from a wall, fixed or retractable awnings as limited by Sections respectively, shall be permitted to encroach upon such required court dimensions; except that clothes poles, arbors, garden trellises other similar accessories shall be permitted. (2) In inner courts no projections of more than four (4) inches into the required dimensions shall be permitted, except that downspouts may project to the extent required for their installation, except that fixed retractable awnings may project to the extent permitted by Sections , respectively. (e) Drainage Accessibility of Court Bottoms. (1) The bottom of every court shall be properly graded drained shall be roofed, paved or suitably grassed over or lscaped. Courts shall be maintained in a clean sanitary condition. (2) Every court that is not otherwise accessible at the bottom shall be made accessible by a door or other means to enable it to be properly cleaned. Section 3. That the following existing sections of the Codified Ordinances of Clevel, Ohio, 1976: Section , as amended by Ordinance No A-48, passed December 19, 1949, Section , as amended by Ordinance No , passed June 12, 2000, Section , as amended by Ordinance No A-48, passed December 19, 1949, Section , as amended by Ordinance No , passed September 18, 1961, Sections , , , , as amended by Ordinance No A-48, passed December 19, 1949, Section , as amended by Ordinance No , passed May 18, 1987 are repealed. Section 4. That this ordinance allowed by law. Passed July 18, Effective August 17, Ord. No By Council Member Santana. An ordinance changing the Use, Area, Height Districts of parcels along the eastern side of West 25th Street south of Sackett/Valentine Avenue east to SR-176 south to I-71 (Map Change No. 2581) Section 1. That the Use District of ls bounded described as follows: Situated in the City of Clevel, County of Cuyahoga State of Ohio known as being various sub-lots in the East View Addition Extension Subdivision or part of the Original Brooklyn Township Lots Numbers 66, 67, 72, 73, as record in Volume 16, Page 18 of Cuyahoga County Map Records; that the use district of ls fully bounded described as follows: Beginning at the intersection of the centerline of Sackett Avenue West 25th Street; Thence, easterly along Sackett Avenue to its intersection with the centerline of Scranton Road; Thence, southwesterly along Scranton Road to its intersection with the centerline of Valentine Avenue; Thence, easterly along Valentine Avenue to its intersection with the centerline of I-71 North; Thence, southerly along I-71 North to its intersection with the southeasterly prolongation of the southerly line of the newly split Lot 2 in Parcel A of the subdivision entitled Plat of Consolidation prepared for Cuyahoga County Vacation Plat of West 17th Street, Eglindale Avenue, South Point Drive Ginger County of record in AFN ; Thence, northwesterly along said prolongation to its intersection with the centerline of Scranton Road; Thence, southerly westerly along the centerline of Scranton Road to its intersection with the centerline of I-71 North; Thence, south westerly along the centerline of I-71 North to its intersection with the centerline of West 25th Street Thence, northeasterly along centerline of West 25th Street to its intersection with the centerline of Sackett Avenue its point of origin; And as identified on the attached map shall be changed to an Institutional Research District, a K Area District a 3 Height District; Section 2. That the Use District of ls bounded described as follows: Situated in the City of Clevel, County of Cuyahoga State of Ohio known as being various sublots in the East View Addition Extension Subdivision of part of Original Brooklyn Township Lots Numbers 66, 67, 72 73, as recorded in Volume 16, Page 18 of Cuyahoga County Map Records; that the Use District of Ls bounded described as follows: Beginning at the intersection of the centerline of Metro Health Drive the centerline of Scranton Road; Thence, southeasterly along the centerline of Metro Health Drive continuing along the southeasterly prolongation of the southerly parcel line of Lot 2 as recorded in Plat of Consolidation prepared for Cuyahoga County Vacation Plat of West 17th Street, Eglindale Avenue, South Point Drive Ginger Court recorded as AFN of Cuyahoga County Map Records to its intersection with the centerline of I-71 North; Thence, southerly westerly along the centerline of I-71 North to its intersection with the centerline of Scranton Road; Thence, northerly easterly along the centerline of Scranton Road to its intersection with the centerline of Metro Health Drive its point of origin; And as identified on the attached map shall be changed to an Institutional Research District, a K Area District a 6 Height District; Section 3. That the change of zoning of ls described in Sections 1 2 shall be identified as Map Change No. 2581, shall be made upon the Building Zone Maps of the City of Clevel on file in the office of the Clerk of Council 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 this ordinance allowed by law. 1279

82 82 The City Record July 25, 2018 Passed July 18, Effective August 17,