The City Record

Official Publication of the City of Cleveland

May the Twenty-Second, Two Thousand and Two

Mayor Containing PAGE Jane L. Campbell City Council 3 President of Council The Calendar 26 Frank G. Jackson Board of Control 31 Civil Service 35 Clerk of Council Board of Zoning Appeals 35 Valarie J. McCall Board of Building Standards and Building Appeals 36 Ward Name Public Notices 36 1 Joseph T. Jones Public Hearings 36 2 Robert J. White City of Cleveland Bids 36 3 Zachary Reed Adopted Resolutions 4 Kenneth L. Johnson and Ordinances 37 5 Frank G. Jackson Committee Meetings 55 6 Patricia J. Britt Index 55 7 Fannie M. Lewis 8 Sabra Pierce Scott 9 Kevin Conwell 10 Roosevelt Coats 11 Michael D. Polensek PRESORTED STANDARD 12 Edward W. Rybka U. S. POSTAGE PAID CLEVELAND, OHIO 13 Joe Cimperman 14 Nelson Cintron, Jr. Permit No. 1372 15 Merle R. Gordon 16 Michael C. O’Malley 17 Matthew Zone 18 Jay Westbrook 19 Dona Brady 20 Martin J. Sweeney 21 Michael A. Dolan

Printed on Recycled Paper DIRECTORY OF CITY OFFICIALS

CITY COUNCIL–LEGISLATIVE Park Maintenance and Properties – Richard L. Silva, Commissioner, President of Council–Frank G. Jackson Public Auditorium – E. 6th & Lakeside. Ward Name Residence Property Management – Tom Nagle, Commissioner, East 49th & Harvard 1 Joseph T. Jones ...... 4691 East 177th Street 44128 Recreation – Michael Cox, Commissioner, Room 8 2 Robert J. White ...... 3760 East 126th Street 44105 Research, Planning & Development – Mark Fallon, Commissioner, 1501 3 Zachary Reed...... 3734 East 149th Street 44120 N. Marginal Road, Burke Lakefront Airport 4 Kenneth L. Johnson ...... 2948 Hampton Road 44120 DEPT. OF COMMUNITY DEVELOPMENT – Linda M. Hudecek, Director, 3rd 5 Frank G. Jackson ...... 2327 East 38th Street 44115 Floor, City Hall. 6 Patricia J. Britt ...... 12402 Britton Drive 44120 7 Fannie M. Lewis...... 7416 Star Avenue 44103 DIVISIONS: Administrative Services – Terrence Ross, Commissioner. 8 Sabra Pierce Scott...... 9212 Kempton Avenue 44108 Building & Housing – Robert Vilkas, Commissioner, 5th Floor, City Hall. 9 Kevin Conwell...... 774 East 131st Street 44108 Neighborhood Services – Louise V. Jackson, Commissioner. 10 Roosevelt Coats ...... 1775 Cliffview Road 44112 Neighborhood Development – Sharon Dumas, Commissioner. 11 Michael D. Polensek ...... 17855 Brian Avenue 44119 DEPT. OF PERSONNEL AND HUMAN RESOURCES –Eduardo A. Romero, 12 Edward W. Rybka ...... 6832 Indiana Avenue 44105 Director, Room 121 13 Joe Cimperman...... 3053 West 12th Street 44113 DEPT. OF ECONOMIC DEVELOPMENT – Greg Huth, Acting Director, 14 Nelson Cintron, Jr...... 4326 Daisy Avenue 44109 Room 210 15 Merle R. Gordon...... 1700 Denison Avenue 44109 16 Michael C. O’Malley...... 6710 Brookside Drive 44144 DEPT. OF AGING – Jane E. Fumich, Director, Room 122 17 Matthew Zone ...... 1228 West 69th Street 44102 DEPT. OF CONSUMER AFFAIRS – Kenya Taylor, Director 18 Jay Westbrook ...... 10513 Clifton Boulevard 44102 COMMUNITY RELATIONS BOARD – Room 11, John E. Barnes, Jr., Director; 19 Dona Brady...... 3466 Bosworth Road 44111 Mayor Jane L. Campbell, Chairman Ex–Officio; Mary Adele Springman, 20 Martin J. Sweeney ...... 3632 West 133rd Street 44111 Vice–Chairman; Councilman Kevin Conwell, Councilman Matthew Zone, 21 Michael A. Dolan ...... 16519 West Park Road 44111 City Council Representatives; Rev. Bruce Goode, Paula Castleberry, Clerk of Council – Valarie J. McCall, 216 City Hall, 664–2840 Charles E. McBee, Mary Adele Springman, Esq., Terez E. Woods, Emmett First Assistant Clerk – Sandra Franklin Saunders, John Banno, Mary Jane Buckshot, Kathryn M. Hall, Raymond MAYOR – Jane L. Campbell Negron, Evangeline Hardaway, Edna Fuentes-Casiano, Janet Jankura, Terrell Cole, Executive Assistant Gia Hoa Ryan. Erik Janas, Executive Assistant CIVIL SERVICE COMMISSION – Room 119, Reynaldo Galindo, President; Rodney Jenkins, Executive Assistant Rev. Earl Preston, Vice President; Jonalyn M. Krupka, Secretary; David M. McGuirk, Executive Assistant Members: Diane M. Downing, Matthew Dotson. Timothy Mueller, Executive Assistant Henry Guzman, Director, Office of Equal Opportunity SINKING FUND COMMISSION – Jane L. Campbell, President; Betsy Hruby, Margreat A. Jackson, Legislative Affairs Liaison Asst. Sec’y.; ______, Director; Council President Frank G. Jackson. DEPT. OF LAW – Subodh Chandra, Director, Galen L. Schuerlein, Acting Chief Counsel, Room 106 BOARD OF ZONING APPEALS – Room 516, Carol Johnson, Chairman; Karen E. Martines, Law Librarian, Room 100 Members; Margreat Hopkins, Ozell Dobbins, Joan Shaver-Washington, Eugene Cranford, Jr., Secretary. DEPT. OF FINANCE – Robert H. Baker, Director, Room 104; Frank Badalamenti, Manager, Internal Audit BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F. Denk, Chairman; James Williams, Arthur Saunders, Alternate DIVISIONS: Accounts – Shareen Jackson, Commissioner, Room 19 Members – D. Cox, P. Frank, E. P. O’Brien, Richard Pace, J.S. Sullivan. Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 City Treasury – Algeron Walker, Treasurer, Room 115 BOARD OF REVISION OF ASSESSMENTS – Law Director Richard F. Financial Reporting and Control – Joel Nacion, Acting Controller, Room 18 Horvath, President; Finance Director Betsy Hruby, Secretary; Council Information Systems Services – Cleo Henderson, Commissioner, President Frank G. Jackson. 1404 E.9th St. BOARD OF SIDEWALK APPEALS – Service Director Mark Ricchiuto; Law Purchases and Supplies – Myrna Branche, Commissioner, Room 128 Director Richard F. Horvath; Councilman Martin J. Sweeney. Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue BOARD OF REVIEW – (Municipal Income Tax) – Law Director Richard F. Taxation – Nassim Lynch, Tax Administrator, 1701 Lakeside Avenue Horvath; Utilities Director Darnell Brown; Council President Frank G. Jackson. DEPT. OF PUBLIC UTILITIES – Darnell Brown, Acting Director, 1201 Lakeside Avenue CITY PLANNING COMMISSION – Room 501 – Christopher S. Ronayne, Director; Anthony J. Coyne, Chairman; David Bowen, Lillian W. Burke, DIVISIONS – 1201 Lakeside Avenue Lawrence A. Lumpkin, Gloria Jean Pinkney, Rev. Sam Edward Small, Cleveland Public Power – James F. Majer, Commissioner Councilman Joseph Cimperman. Street Lighting Bureau – ______, Acting Chief Utilities Fiscal Control – Dennis Nichols, Commissioner CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Water – Julius Ciaccia, Jr., Commissioner Chairman; Clint Martin, Mark Rivera. Water Pollution Control – Darnell Brown, Commissioner MORAL CLAIMS COMMISSION – Law Director, Richard F. Horvath; DEPT. OF PORT CONTROL – Michael G. Konicek, Acting Director, Chairman; Finance Director Betsy Hruby; Council President Frank G. Cleveland Hopkins International Airport, 5300 Riverside Drive; Jackson; Councilman Dona Brady; Councilman Martin J. Sweeney. Burke Lakefront Airport – Khalid Bahkur, Commissioner BOARD OF EXAMINERS OF ELECTRICIANS – Samuel Montfort, Chairman; Cleveland Hopkins International Airport – Fred Szabo, Commissioner Donald Baulknilght, Anton J. Eichmuller, J. Gilbert Steele, Raymond DEPT. OF PUBLIC SERVICE – Mark Ricchiuto, Director, Room 113 Ossovicki, Chief Electrical Inspector; Laszlo V. Kemes, Secretary to the DIVISIONS: Architecture – Kurt Weibusch, Commissioner, Room 517 Board. Engineering and Construction – Randall E. DeVaul, Commissioner, BOARD OF EXAMINERS OF PLUMBERS – Joseph Gyorky, Chairman; Room 518 Earl S. Bumgarner, Alfred Fowler, Jozef Valencik, Lawrence Skule, Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard Yards Chief Plumbing Inspector; Laszlo V. Kemes, Secretary to the Board. Streets – Randell T. Scott, Commissioner, Room 25 CLEVELAND LANDMARKS COMMISSION – Room 519 – Richard Traffic Engineering – Robert Mavec, Commissioner, Schanfarber, Chairman; Paul Volpe, Vice Chairman; N. Kurt Wiebush, 4150 East 49th Street, Building #1 James Gibans, Sandra Morgan, Hunter Morrison, Theodore Sande, Galen Waste Collection and Disposal – Ron Owens, Commissioner, 5600 Carnegie Schuerlein, Randall Shorr, Councilman Joseph Cimperman, Dwayne J. Avenue. Simpson, Robert Keiser, Executive Secretary. DEPT. OF PUBLIC HEALTH – Matthew Carroll, Acting Director, Mural CLEVELAND MUNICIPAL COURT Building, 1925 St. Clair Avenue JUSTICE CENTER – 1200 ONTARIO STREET DIVISIONS: Correction – Robert Tasky, Commissioner, Cleveland JUDGE COURTROOM ASSIGNMENTS House of Corrections, 4041 Northfield Road Judge Courtroom Environment – Michael Krzywicki, Acting Commissioner, Mural Building, Presiding and Administrative Judge Larry A. Jones 13C 1925 St. Clair Avenue Judge Ronald B. Adrine 15A Health – Susan E. Axelrod, Commissioner, Mural Building, Judge C. Ellen Connally 15C 1925 St. Clair Avenue Judge Sean C. Gallagher 12C DEPT. OF PUBLIC SAFETY – James A. Draper, Director, Room 230 Judge Emanuella Groves 12B DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 W. 7th Street Judge Mabel M. Jasper 14D Emergency Medical Service – Edward Eckart, Commissioner, Judge Kathleen Ann Keough 13D 1708 South Pointe Drive Judge Mary E. Kilbane 14C Fire – Kevin G. Gerrity, Chief, 1645 Superior Avenue Judge Ralph J. Perk, Jr. 14B Police \ Edward F. Lohn, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street Judge Raymond L. Pianka (Housing Court Judge) 13B Judge Angela R. Stokes 13A DEPT. OF PARKS, RECREATION & PROPERTIES –James Glending, Acting Director, Cleveland Convention Center, Clubroom A, 1220 E. 6th St. Judge Robert J. Triozzi 14A Judge Joseph J. Zone 12A DIVISIONS: Convention Center & Stadium – James Glending, Commissioner, Public Auditorium, E. 6th and Lakeside Ave. Earle B. Turner – Clerk of Courts, Michael E. Flanagan–Court Administrator, Parking Facilities – Dennis Donahue, Commissioner, Public Auditorium, Paul J. Mizerak–Bailiff; Kenneth Thomas–Chief Probation Officer, E. 6th and Lakeside Ave. Gregory F. Clifford–Chief Magistrate The City Record

OFFICIAL PUBLICATION OF THE CITY OF CLEVELAND

Vol. 89 WEDNESDAY, MAY 22, 2002 No. 4615 CITY COUNCIL MONDAY, MAY 20, 2002

The City Record WEDNESDAY—Alternating Greater Prayer Tower Church of God in Christ located at 2606 Martin Published weekly under authority 10:00 A.M.—Aviation & Transporta- Luther King Boulevard in Ward 6. of the Charter of the tion Committee: Westbrook, Chair- Pledge of Allegiance. City of Cleveland man; Sweeney, Vice Chairman; Britt, Subscription (by mail) $75.00 a year Dolan, Gordon, Reed, Rybka. MOTION January 1 to December 31 10:00 A.M.—Public Safety Commit- Interim subscriptions prorated tee: Reed, Chairman; Britt, Vice On the Motion of Council Member $6.25 per month Chairman; Brady, Cimperman, Coats, Sweeney, the reading of the minutes Conwell, Jones, White, Zone. Address all communications to of the last meeting was dispensed with and the journal approved. Sec- VALARIE J. McCALL WEDNESDAY—Alternating onded by Council Member Lewis. Clerk of Council OATH OF OFFICE 1:30 P.M.—Public Utilities Commit- 216 City Hall tee: Coats, Chairman; O’Malley, Vice File No. 959-02. Chairman; Brady, Cintron, Jones, Subodh Chandra – Law Director of PERMANENT SCHEDULE Polensek, Sweeney, Westbrook, Zone. the City of Cleveland. STANDING COMMITTEES 1:30 P.M.—City Planning Commit- tee: Cimperman, Chairman, Rybka, OF THE COUNCIL FROM DEPARTMENT OF Vice Chairman, Conwell, Lewis, LIQUOR CONTROL 2002-2005 O’Malley, Scott, Westbrook. File No. 960-02. MONDAY The following Committees are Re: New Application — 0037135 — subject to the Call of the Chairman: Kamal Abuoun, Inc. d.b.a. Friendly Rules Committee: Jackson, Chair- 9:30 A.M. — Public Parks, Property Market, 4200 West 130th Street. & Recreation Committee: Johnson, man; O’Malley, Reed, Sweeney. (Ward 19). Received. Chairman; White, Vice Chairman; Personnel and Operations Commit- Cimperman, Dolan, Jones, Rybka, tee: Gordon, Chairman; Britt, Cim- File No. 961-02. Sweeney. perman, Coats, Scott. Re: Transfer of Ownership Appli- Mayor’s Appointment Committee: cation — 6549670 — 14510, Inc. d.b.a. MONDAY—Alternating Coats, Chairman; Cintron, Reed, Kinsman Sunoci, 14510 Kinsman Pierce Scott, Westbrook. 11:00 A.M. — Public Service Com- Avenue. (Ward 3). Received. mittee: Sweeney, Chairman; Jones, Vice Chairman; Brady, Cimperman, File No. 962-02. Johnson, O’Malley, Polensek, White, OFFICIAL PROCEEDINGS CITY COUNCIL Re: Transfer of Ownership Appli- Zone. cation — 5227940 — Lisa Dunlap, ______11:00 A.M. — Employment, Affir- Inc. d.b.a. Dunlaps Country Corner, 3258 West 32nd Street, first floor mative Action & Training Commit- Cleveland, Ohio tee: Lewis, Chairman; Conwell, Vice Monday, May 20, 2002. and basement. (Ward 14). Chairman; Cintron, Coats, Johnson, The meeting of the Council was Received. Reed, Polensek. called to order, The President, Frank G. Jackson, in the Chair. File No. 963-02. MONDAY Council Members present: Brady, Re: Transfer of Ownership Appli- Cimperman, Cintron, Coats, Conwell, cation — 6472751 — NU-Bar, Inc. 2:00 P.M. — Finance Committee: Dolan, Gordon, Johnson, Jones, d.b.a. Vanta’s Lounge, 4497 Broad- Jackson, Chairman; Sweeney, Vice view Road, first floor and basement. Chairman; Brady, Britt, Coats, Gor- Lewis, O’Malley, Polensek, Reed, (Ward 16). Received. don, O’Malley, Reed, Scott, West- Rybka, Sweeney, White, Zone. brook, White. Also present were Mayor Camp- bell, Acting Director Langhenry, File No. 964-02. TUESDAY Chief Director of Director Baker, Re: Transfer of Location Appli- Acting Director Brown, Director Ric- cation — 52543660001 — Loew’s 9:30 A.M. — Community and Econo- chiuto, Acting Director Carroll, Act- Building LTD, 2037 East 14th Street. mic Development Committee: Gor- ing Director Shade, Acting Director (Ward 13). Received. don, Chairman; Cimperman, Vice Glending, Acting Director Williams, Chairman; Cintron, Coats, Jones, Director Romero, Acting Director File No. 965-02. Lewis, Reed, Scott, Zone. Huth, Director Ronayne, Director Re: Stock Transfer Application — Barnes, and Chief Tame. Rodney 5185227 — Liberty Deli Mart, Inc. TUESDAY—Alternating Jenkins, Executive Assistant to the d.b.a. Liberty Deli Mart, 8806 Almi- Mayor, Margaret A. Jackson, Leg- ra Avenue, first floor. (Ward 18). 1:00 P.M. — Public Health Com- islative Affairs Liaison, John Received. mittee: Britt, Chairman; Zone, Vice Goersmeyer, Assistant Press Secre- Chairman; Cintron, Conwell, Gordon, tary were also present. File No. 966-02. Scott, Polensek. Re: Liquor Agency Contract — 1:30 P.M. — Legislation Committee: Pursuant to Ordinance No. 2926-76, 34862480002 — Haddi Liquor & Bev- White, Chairman; Scott, Vice Chair- the Council Meeting was opened erage, Inc. d.b.a. Qasem Save More, man; Dolan, Gordon, Johnson, Ryb- with a prayer offered by Elder 5816 Superior Avenue. (Ward 7). ka, Westbrook. James Howard Bannerman of Received. 1069 4 The City Record May 22, 2002

CONDOLENCE RESOLUTIONS Section 3. That this ordinance is shall take effect and be in force hereby declared to be an emergency from and after the earliest period The rules were suspended and the measure and, provided it receives allowed by law. following Resolutions were adopted the affirmative vote of two-thirds of Referred to Directors of Port Con- by a rising vote: all the members elected to Council, trol, Finance, Law; Committees on it shall take effect and be in force Aviation and Transportation, Res. No. 967-02—Leonard Riggins. immediately upon its passage and Finance. approval by the Mayor; otherwise it Res. No. 968-02—Judge Kenneth shall take effect and be in force Ord. No. 981-02. Stralka. from and after the earliest period By Councilmen Westbrook and allowed by law. Jackson (by departmental request). CONGRATULATION RESOLUTIONS Referred to Directors of Port Con- An emergency ordinance authoriz- trol, Finance, Law; Committees on ing the Director of Port Control to The rules were suspended and the Aviation and Transportation, employ a professional consultant to following Resolutions were adopted Finance. provide shuttle services to employ- without objection: ees at Cleveland Hopkins Interna- Ord. No. 980-02. tional Airport; and authorizing the Res. No. 969-02—Rebuilding Toget- By Councilmen Westbrook and Director of Port Control to enter into her with Christmas in April* Cleve- Jackson (by departmental request). an amendment to City Contract No. land An emergency ordinance to sup- 48042 with APCOA, Inc. to provide Res. No. 970-02—Cleveland Central plement the Codified Ordinances of for the processing of payments to Catholic – Boys Varsity Basketball Cleveland, Ohio, 1976, be enacting such consultant. Team new Section 571.89 thereof, relating Whereas, the City desires to hire Res. No 971-02—Fran Heyer to the purchase of operational and professional consultants to provide Res. No. 972-02—Sgt. Richard T. structural maintenance, labor and shuttle services to employees of Reese materials for the Division of Cleve- Cleveland Hopkins International Res. No. 973-02—Detective Frank land Hopkins International Airport Airport; and Acierno and Burke Lakefront Airport. Whereas, such services require a Res. No. 974-02—Detective Michael Whereas, this ordinance consti- consultant with professional man- O’Malley tutes an emergency measure provid- agement abilities and customer ser- Res. No. 975-02—Booze, Allen & ing for the usual daily operation of vice skills; and Hamilton, Inc. a municipal department; now, there- Whereas, this ordinance consti- fore tutes an emergency measure provid- RESOLUTION OF RECOGNITION Be it ordained by the Council of ing for the usual daily operation of the City of Cleveland: a municipal department; now, there- The rules were suspended and the Section 1. That the Codified Ordi- fore following Resolution was adopted nances of Cleveland, Ohio, 1978, are Be it ordained by the Council of without objection: hereby supplemented by enacting the City of Cleveland: new Section 571.89 thereof to read as Section 1. That the Director of Res. No. 976-02—Harry B. Herforth. follows: Port Control is hereby authorized to employ by contract one or more con- FIRST READING EMERGENCY sultants for the purpose of supple- Section 571.89 Purchase of Opera- ORDINANCES REFERRED menting the regularly employed tional and Structural Maintenance, staff of the several departments of Labor and Materials for the Divi- Ord. No. 979-02. the City of Cleveland in order to pro- sions of Cleveland Hopkins Interna- By Councilmen Westbrook and vide shuttle bus services for employ- tional Airport and Burke Lakefront Jackson (by departmental request). ees at Cleveland Hopkins Interna- Airport An emergency ordinance authoriz- tional Airport. The selection of said The Director of Port Control is ing the Director of Port Control to consultant for such services shall be authorized to enter into one or more enter into an amendment with made by the Board of Control upon American Airlines, Inc., Contract No. standard purchase or requirements the nomination of the Director or 31083, to provide for the deletion of contract duly let to the lowest and Port Control from a list of qualified certain space from the Lease, for the best bidder after competitive bid- consultants available for such Division of Cleveland Hopkins Inter- ding for the purchase of labor and employment as may be determined national Airport, Department of Port materials deemed by the Director to after a full and complete canvass by Control. be necessary for installation, main- the Director of Port Control for the Whereas, this ordinance consti- tenance, repair, and replacement of purpose of compiling such a list. tutes an emergency measure provid- plumbing, sewer, electrical, and The compensation to be paid for ing for the usual daily operation of HVAC systems; structural entities such services shall be fixed by the a municipal department; now, there- including without limitation floor- Board of Control. The contract here- fore, ing, roofing, fencing, elevators, esca- in authorized shall be prepared by the Director of Law and approved Be it ordained by the Council of lators, moving walkways, windows, by the Director of Port Control. the City of Cleveland: runways, and roads; security and Section 2. That the Director of Section 1. That the Director of safety equipment; landscaping; com- Port Control is hereby authorized to Port Control is hereby authorized to munications equipment; uniforms; enter into an amendment to City enter into an Amendment with oil and water separators; outfall Contract No. 48042 with APCOA, Inc. American Airlines, Inc. (“Lessee”), sampling; automotive parts; and labor and materials deemed by the for the purpose of processing pay- Contract No. 31083, to delete from ments to said consultant and includ- Director to be necessary for public Lessee’s right and obligation under ing such payments in APCOA’s cal- safety training at Cleveland Hop- the lease the following space, effec- culation of direct operating expens- kins International Airport and tive upon the effective date of this es pursuant to City Contract No. Burke Lakefront Airport. Any pur- ordinance: approximately 2,468 square 48042. feet of space located on the south- chase made by standard purchase or Section 2. That this ordinance is west corner of the intersection of requirement contract pursuant to hereby declared to be an emergency Concourse A and the Concourse A this Section shall be made by the measure and, provided it receives connector, formerly used as Ameri- Commissioner of Purchases and Sup- the affirmative vote of two-thirds of can’s Admiral’s Club. plies, and paid from the annual all the members elected to Council, All other terms and conditions appropriations made for such pur- it shall take effect and be in force contained in the original lease shall chase. immediately upon its passage and remain the same. Section 2. That this ordinance is approval by the Mayor; otherwise it Section 2. That the Amendment to hereby declared to be an emergency shall take effect and be in force the Lease herein authorized shall be measure and, provided it receives from and after the earliest period prepared by the Director of Law and the affirmative vote of two-thirds of allowed by law. shall contain such terms and condi- all the members elected to Council, Referred to Directors of Port Con- tions as said Director deems neces- it shall take effect and be in force trol, Finance, Law; Committees on sary to protect and benefit the pub- immediately upon its passage and Aviation and Transportation, lic interest. approval by the Mayor; otherwise it Finance. 1070 May 22, 2002 The City Record 5

Ord. No. 982-02. By Councilmen Westbrook and Jackson (by departmental request). An emergency ordinance authorizing the Director of Port Control to make alterations and modifications in Con- tract No. 57869 for the replacement of Tug Road at Cleveland Hopkins International Airport, with Perk Compa- ny, Inc., for the Department of Port Control. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Port Control is hereby authorized to make the following alterations and modi- fications in Contract No. 57869 with Perk Company, Inc. for the replacement of Tug Road at Cleveland Hopkins International Airport, for the Department of Port Control:

ADDITIONS OUT OF SCOPE

ITEM # DESCRIPTION AMOUNT

CM-001 Removal of contaminated soils in sections B & C to sub-grade and the prevention of spreading con- taminates by covering the excavated site with visqueen. 27,911.72

CM-002 Remove and replace severely deteriorated concrete slab (25' x 25' x 1') around electrical vault and the installation of a new casting and cover to replace existing cracked casting and cover.4,100.00

CM-016 Removal of petroleum contaminated soils from Tug Road Section “A” to sub grade and disposal of contaminated soils at an OEPA approved dump. Prevention of spreading contaminates by covering excavation with visqueen.27,088.28

CM-011 Construction of stock piles (earthen dams) to hold contaminated soils from Sections “B & C”.7,497.74

CM-012 Tarping for stockpiles.4,931.51

ADDITIONS WITHIN SCOPE

ITEM # DESCRIPTION AMOUNT

00003 Additional flagger hours as result of airport shutdown. 2 flaggers x 2 days x 24 hours per day = 96 hours.2,400.00

00027 Work involving regulated water for an additional 400 Gallons removed from electrical vault.4,605.62

ADDITIONS SUBTOTAL 78,534.87

REDUCTIONS WITHIN SCOPE

00008 Credit for water for dust control not utilized (1,000.00)

00009 Partial credit for pavement planing not fully utilized.(1,350.00)

00014 Partial credit for 6" perforated pipe (drain-tile) and filter fabric wrap deleted from contract.(4,605.62)

00017 Credit for temporary seeding not performed.(118.75)

00019 Credit for temporary mulching not performed.(95.00)

00024 Credit for petroleum contaminated soil (VAP) as non-performed. (1,500.00)

00026 Work involving non-regulated water not performed.(750.00)

1071 6 The City Record May 22, 2002

REDUCTIONS OUT OF SCOPE

CM-14 Credit for 12 cubic yards of crushed aggregate base not

used around the electrical vault.(410.00)

REDUCTIONS SUBTOTAL 9,829.37

Total Subsidiary Additions $ 78,534.87

Total Subsidiary Reductions - 9,829.37

TOTAL SUBSIDIARY AMOUNT 68,705.50

Original Contract Amount $ 476,471.60

Total Subsidiary Amount + 68,705.50

TOTAL REVISED CONTRACT AMOUNT $ 545,177.10

which alteration has been recommended in writing by the said Director of Port Control, countersigned by the

Mayor, and consented to by the surety on said contract, which price to be paid therefor has been agreed upon in writing and signed by the Director of Port Control and the Contractor. This alteration will cause an increase in the amount of the original contract in the sum of $68,705.50, payable from federal PFC authorization.

Section 2. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force imme- diately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Referred to Directors of Port Control, Finance, Law; Committees on Aviation and Transportation, Finance.

Ord. No. 983-02. and Supplies until provision is made Ord. No. 984-02. By Councilmen Sweeney and Jack- for the requirements for the entire By Councilmen Sweeney and Jack- son (by departmental request). term. The Director of Public Ser- son (by departmental request). An emergency ordinance authoriz- vice shall have authority to enter An emergency ordinance authoriz- ing the purchase by requirement into a contract or contracts with a ing the Director of Public Service to contract of various Ford automobile, term of two (2) years when there is enter into a requirement contract van, truck and police vehicle parts, a financial advantage to the City of with E.J. Ward, Inc. for spare including labor for installation, if entering into a contract or contracts replacement parts for the fuel con- necessary, for the Division of Motor with a term of two (2) years in lieu trol terminals and for telephone con- Vehicle Maintenance, Department of of entering into a contract or con- sultation needed to maintain the ter- Public Service. tracts with a term of one (1) year. minals, for the Division of Motor Whereas, this ordinance consti- For purposes of this ordinance, a Vehicle Maintenance, Department of tutes an emergency measure pro- financial advantage shall be deter- Public Service, for a period not to viding for the usual daily operation mined by the Director of Public Ser- exceed two years. of a municipal department; now, vice by comparing the bids received Whereas, this ordinance consti- therefore for a contract or contracts with a tutes an emergency measure pro- Be it ordained by the Council of term of two (2) years and the bids viding for the usual daily operation the City of Cleveland: received for a contract or contracts of a municipal department; now, Section 1. That the Director of with a term of one (1) year. therefore, Public Service is hereby authorized Section 2. That the cost of said Be it ordained by the Council of to make a written requirement con- contract shall be charged against the City of Cleveland: Section 1. That it is hereby deter- tract in accordance with the Char- the proper appropriation account mined that the within services are ter and the Codified Ordinances of and the Director of Finance shall non-competitive and cannot be Cleveland, Ohio, 1976, for the certify thereon the amount of the secured from any source other than requirements for the term of one initial purchase thereunder, which E.J. Ward, Inc. Therefore, the Direc- year or two years subject to the purchase, together with all subse- tor of Public Service is hereby requirements of this ordinance for quent purchases, shall be made on authorized to make a written re- the necessary items of various Ford order of the Commissioner of Pur- quirement contract with E.J. Ward, automobile, van, truck and police chases and Supplies pursuant to a Inc. for spare replacement parts for vehicle parts, including labor for requisition against such contract the fuel control terminals and for installation, if necessary in the duly certified by the Director of telephone consultation needed to approximate amount as purchased Finance. (RL 105817) maintain the terminals, for the Divi- during the preceding year, to be Section 3. That this ordinance is sion of Motor Vehicle Maintenance, purchased by the Commissioner of hereby declared to be an emergency Department of Public Service, for a Purchases and Supplies upon a unit period not to exceed two years. basis for the Division of Motor Vehi- measure and, provided it receives the affirmative vote of two-thirds of That the contract shall be prepared cle Maintenance, Department of by the Director of Law and shall Public Service. Bids shall be taken all the members elected to Council, it shall take effect and be in force contain such terms and conditions in such manner as to permit an as such Director deems necessary to immediately upon its passage and award to be made for all items as protect and benefit the public inter- approval by the Mayor; otherwise it a single contract, or by separate est. contract for each or any combina- shall take effect and be in force Section 2. That the cost of said tion of said items as the Board of from and after the earliest period contract shall be charged against Control shall determine. Alternate allowed by law. the proper appropriation account bids for a period less than a year Referred to Directors of Public and the Director of Finance shall may be taken if deemed desirable Service, Finance, Law; Committees certify thereon the amount of the by the Commissioner of Purchases on Public Service, Finance. initial purchase thereunder, which 1072 May 22, 2002 The City Record 7 purchase, together with all subse- Be it ordained by the Council of shall take effect and be in force quent purchases, shall be made on the City of Cleveland: from and after the earliest period order of the Commissioner of Pur- Section 1. That it is hereby deter- allowed by law. chases and Supplies pursuant to a mined that the within commodities Referred to Directors of Public requisition against such contract are non-competitive and cannot be Service, Finance, Law; Committees duly certified by the Director of secured from any source other than on Public Service, Finance. Finance. (RL 105798) Sutphen Corporation. Therefore, the Section 3. That this ordinance is Director of Public Service is hereby Ord. No. 988-02. hereby declared to be an emergency authorized to make a written By Councilmen Sweeney and Jack- measure and, provided it receives requirement contract with Sutphen son (by departmental request). the affirmative vote of two-thirds of Corporation for Sutphen fire appa- An emergency ordinance authoriz- all the members elected to Council, ratus parts, for the Division of ing the Director of Public Service to it shall take effect and be in force Motor Vehicle Maintenance, Depart- enter into a requirement contract immediately upon its passage and ment of Public Service, for a period with Maltese Fire Equipment for approval by the Mayor; otherwise it not to exceed two years. Duplex cab and chassis fire appa- shall take effect and be in force Section 2. That the cost of said ratus parts and LTI and Grumman from and after the earliest period contract shall be charged against fire apparatus parts, including labor allowed by law. the proper appropriation account if necessary, for the Division of Referred to Directors of Public and the Director of Finance shall Motor Vehicle Maintenance, Depart- Service, Finance, Law; Committees certify thereon the amount of the ment of Public Service, for a period on Public Service, Finance. initial purchase thereunder, which not to exceed two years. purchase, together with all subse- Whereas, this ordinance consti- Ord. No. 985-02. quent purchases, shall be made on tutes an emergency measure provid- By Councilmen Sweeney and Jack- order of the Commissioner of Pur- ing for the usual daily operation of son (by departmental request). chases and Supplies pursuant to a a municipal department; now, there- An emergency ordinance authoriz- requisition against such contract fore ing the Director of Public Service to duly certified by the Director of Be it ordained by the Council of enter into a requirement contract the City of Cleveland: with A & H Equipment Co. for Finance. (RL 105802) Section 1. That it is hereby deter- Leach packer parts, for the Division Section 3. That this ordinance is mined that the within commodities of Motor Vehicle Maintenance, hereby declared to be an emergency are non-competitive and cannot be Department of Public Service, for a measure and, provided it receives secured from any source other than period not to exceed two years. the affirmative vote of two-thirds of Whereas, this ordinance consti- all the members elected to Council, Maltese Fire Equipment. Therefore, tutes an emergency measure provid- it shall take effect and be in force the Director of Public Service is ing for the usual daily operation of immediately upon its passage and hereby authorized to make a writ- a municipal department; now, there- approval by the Mayor; otherwise it ten requirement contract with Mal- fore, shall take effect and be in force tese Fire Equipment for Duplex cab Be it ordained by the Council of from and after the earliest period and chassis fire apparatus parts and the City of Cleveland: allowed by law. LTI and Grumman fire apparatus Section 1. That it is hereby deter- Referred to Directors of Public parts, including labor if necessary, mined that the within commodities Service, Finance, Law; Committees for the Division of Motor Vehicle are non-competitive and cannot be on Public Service, Finance. Maintenance, Department of Public secured from any source other than Service, for a period not to exceed A & H Equipment Co. Therefore, the Ord. No. 987-02. two years. Director of Public Service is hereby By Councilmen Sweeney and Jack- Section 2. That the cost of said authorized to make a written re- son (by departmental request). contract shall be charged against quirement contract with A & H An emergency ordinance authoriz- the proper appropriation account Equipment Co. for Leach packer ing the Director of Public Service to and the Director of Finance shall parts, for the Division of Motor enter into a requirement contract certify thereon the amount of the Vehicle Maintenance, Department of with Finley Fire Equipment for initial purchase thereunder, which Public Service, for a period not to Pierce fire apparatus parts, for the purchase, together with all subse- exceed two years. Division of Motor Vehicle Mainte- quent purchases, shall be made on Section 2. That the cost of said nance, Department of Public Service, order of the Commissioner of Pur- contract shall be charged against for a period not to exceed two years. chases and Supplies pursuant to a the proper appropriation account Whereas, this ordinance consti- requisition against such contract and the Director of Finance shall tutes an emergency measure provid- duly certified by the Director of certify thereon the amount of the ing for the usual daily operation of Finance. (RL Nos. 105799 and initial purchase thereunder, which a municipal department; now, there- 105800) purchase, together with all subse- fore, Section 3. That this ordinance is quent purchases, shall be made on Be it ordained by the Council of hereby declared to be an emergency order of the Commissioner of Pur- the City of Cleveland: measure and, provided it receives chases and Supplies pursuant to a Section 1. That it is hereby deter- the affirmative vote of two-thirds of requisition against such contract mined that the within commodities all the members elected to Council, duly certified by the Director of are non-competitive and cannot be it shall take effect and be in force Finance. (RL 105821) secured from any source other than immediately upon its passage and Section 3. That this ordinance is Finley Fire Equipment. Therefore, approval by the Mayor; otherwise it hereby declared to be an emergency the Director of Public Service is shall take effect and be in force measure and, provided it receives hereby authorized to make a writ- from and after the earliest period the affirmative vote of two-thirds of ten requirement contract with Fin- allowed by law. all the members elected to Council, ley Fire Equipment for Pierce fire Referred to Directors of Public it shall take effect and be in force apparatus parts, for the Division of Service, Finance, Law; Committees immediately upon its passage and Motor Vehicle Maintenance, Depart- on Public Service, Finance. approval by the Mayor; otherwise it ment of Public Service, for a period shall take effect and be in force Ord. No. 989-02. from and after the earliest period not to exceed two years. Section 2. That the cost of said By Councilmen Sweeney and allowed by law. Jackson (by departmental request). Referred to Directors of Public contract shall be charged against the proper appropriation account An emergency ordinance authoriz- Service, Finance, Law; Committees ing the purchase by requirement on Public Service, Finance. and the Director of Finance shall certify thereon the amount of the contract of various air compressor parts, including labor for installa- Ord. No. 986-02. initial purchase thereunder, which purchase, together with all subse- tion, if necessary, for the Division By Councilmen Sweeney and Jack- of Motor Vehicle Maintenance, son (by departmental request). quent purchases, shall be made on order of the Commissioner of Pur- Department of Public Service. An emergency ordinance authoriz- Whereas, this ordinance consti- ing the Director of Public Service to chases and Supplies pursuant to a requisition against such contract tutes an emergency measure provid- enter into a requirement contract ing for the usual daily operation of with Sutphen Corporation for Sut- duly certified by the Director of a municipal department; now, there- phen fire apparatus parts, for the Finance. (RL 105801) fore Division of Motor Vehicle Mainte- Section 3. That this ordinance is Be it ordained by the Council of nance, Department of Public Service, hereby declared to be an emergency the City of Cleveland: for a period not to exceed two years. measure and, provided it receives Whereas, this ordinance consti- the affirmative vote of two-thirds of Section 1. That the Director of tutes an emergency measure provid- all the members elected to Council, Public Service is hereby authorized ing for the usual daily operation of it shall take effect and be in force to make a written requirement con- a municipal department; now, there- immediately upon its passage and tract in accordance with the Charter fore, approval by the Mayor; otherwise it and the Codified Ordinances of 1073 8 The City Record May 22, 2002

Cleveland, Ohio, 1976, for the Section 1. That the Director of Whereas, this ordinance consti- requirements for the term of one Public Service is hereby authorized tutes an emergency measure provid- year or two years subject to the to make a written requirement con- ing for the usual daily operation of requirements of this ordinance for tract in accordance with the Charter a municipal department; now, there- the necessary items of various air and the Codified Ordinances of fore, compressor parts, including labor Cleveland, Ohio, 1976, for the Be it ordained by the Council of the City of Cleveland: for installation, if necessary in the requirements for the term of one year or two years subject to the Section 1. That the Director of approximate amount as purchased Public Health is hereby authorized requirements of this ordinance for during the preceding year, to be pur- to apply for and accept a grant in chased by the Commissioner of Pur- the necessary items of various the approximate amount of $500,000 chases and Supplies upon a unit Chrysler automobile, van and truck from the United States Environmen- basis for the Division of Motor Vehi- parts, including labor for installa- tal Protection Agency, for the Cleve- cle Maintenance, Department of Pub- tion, if necessary in the approximate land Integrated Air Toxic Pilot Pro- lic Service. Bids shall be taken in amount as purchased during the pre- ject, for the purposes set forth in the such manner as to permit an award ceding year, to be purchased by the summary and budget and according to be made for all items as a single Commissioner of Purchases and Sup- thereto; that the Director of Public contract, or by separate contract for plies upon a unit basis for the Divi- Health is hereby authorized to file each or any combination of said sion of Motor Vehicle Maintenance, all papers and execute all docu- items as the Board of Control shall Department of Public Service. Bids ments necessary to receive the funds under said grant; and that determine. Alternate bids for a peri- shall be taken in such manner as to permit an award to be made for all said funds be and they hereby are od less than a year may be taken if appropriated for the purposes set deemed desirable by the Commis- items as a single contract, or by sep- arate contract for each or any com- forth in the summary and budget for sioner of Purchases and Supplies said project. bination of said items as the Board until provision is made for the Section 2. That the summary and of Control shall determine. Alter- requirements for the entire term. budget for said project, File No. 991- The Director of Public Service shall nate bids for a period less than a 02-A, made a part hereof as if fully have authority to enter into a con- year may be taken if deemed desir- rewritten herein, is hereby approved tract or contracts with a term of two able by the Commissioner of Pur- in all respects. chases and Supplies until provision (2) years when there is a financial Section 3. That the Director of is made for the requirements for the advantage to the City of entering Public Health is hereby authorized entire term. The Director of Public into a contract or contracts with a to enter into one or more contracts Service shall have authority to enter with various agencies for the imple- term of two (2) years in lieu of into a contract or contracts with a mentation and operation of the pro- entering into a contract or contracts term of two (2) years when there is ject. with a term of one (1) year. For a financial advantage to the City of Section 4. That the Director of purposes of this ordinance, a finan- entering into a contract or contracts Public Health is hereby authorized cial advantage shall be determined with a term of two (2) years in lieu to make one or more written con- by the Director of Public Service by of entering into a contract or con- tracts in accordance with the Char- comparing the bids received for a tracts with a term of one (1) year. ter and the Codified Ordinances of Cleveland, Ohio, 1976, for the contract or contracts with a term of For purposes of this ordinance, a requirements for the period of the two (2) years and the bids received financial advantage shall be deter- for a contract or contracts with a grant term for the necessary items mined by the Director of Public Ser- of services, equipment and supplies term of one (1) year. vice by comparing the bids received Section 2. That the cost of said necessary for implementation and for a contract or contracts with a operation of the project, to be pur- contract shall be charged against term of two (2) years and the bids chased by the Commissioner of Pur- the proper appropriation account received for a contract or contracts chases and Supplies upon a unit and the Director of Finance shall with a term of one (1) year. basis for the Department of Public certify thereon the amount of the Section 2. That the cost of said Health. Bids shall be taken in such initial purchase thereunder, which contract shall be charged against manner as to permit an award to be purchase, together with all subse- the proper appropriation account made for all items as a single con- quent purchases, shall be made on and the Director of Finance shall tract, or by separate contract for order of the Commissioner of Pur- certify thereon the amount of the each or any combination of said chases and Supplies pursuant to a initial purchase thereunder, which items as the Board of Control shall requisition against such contract purchase, together with all subse- determine. Alternate bids for a peri- duly certified by the Director of quent purchases, shall be made on od less than the grant term may be Finance. (RL 105820) order of the Commissioner of Pur- taken if deemed desirable by the Section 3. That this ordinance is chases and Supplies pursuant to a Commissioner of Purchases and Sup- plies until provision is made for the hereby declared to be an emergency requisition against such contract requirements for the entire grant measure and, provided it receives duly certified by the Director of Finance. (RL 105818) term. the affirmative vote of two-thirds of Section 3. That this ordinance is The cost of said contracts or con- all the members elected to Council, hereby declared to be an emergency tracts shall be charged against the it shall take effect and be in force measure and, provided it receives proper appropriation account and immediately upon its passage and the affirmative vote of two-thirds of the Director of Finance shall certi- approval by the Mayor; otherwise it all the members elected to Council, fy thereon the amount of the initial shall take effect and be in force it shall take effect and be in force purchase thereunder, which pur- from and after the earliest period immediately upon its passage and chase, together with all subsequent allowed by law. approval by the Mayor; otherwise it purchases, shall be made on order of Referred to Directors of Public shall take effect and be in force the Commissioner of Purchases and Service, Finance, Law; Committees from and after the earliest period Supplies pursuant to a requisition against such contract duly certified on Public Service, Finance. allowed by law. Referred to Directors of Public by the Director of Finance. Section 5. That the cost of the Ord. No. 990-02. Service, Finance, Law; Committees on Public Service, Finance. above authorized contracts shall be By Councilmen Sweeney and Jack- paid from the fund or funds to son (by departmental request). which are credited the grant pro- Ord. No. 991-02. An emergency ordinance authoriz- ceeds accepted pursuant to this ordi- ing the purchase by requirement By Councilmen Britt and Jackson nance. (by departmental request). contract of various Chrysler auto- Section 6. That this ordinance is An emergency ordinance authoriz- mobile, van and truck parts, includ- hereby declared to be an emergency ing the Director of Public Health to ing labor for installation, if neces- measure and, provided it receives apply for and accept a grant from sary, for the Division of Motor Vehi- the affirmative vote of two-thirds of the United States Environmental all the members elected to Council, cle Maintenance, Department of Pub- Protection Agency for the Cleveland lic Service. it shall take effect and be in force Integrated Air Toxic Pilot Project; immediately upon its passage and Whereas, this ordinance consti- authorizing said Director to enter approval by the Mayor; otherwise it tutes an emergency measure provid- into one or more contracts with var- shall take effect and be in force ing for the usual daily operation of ious agencies to implement the pro- from and after the earliest period a municipal department; now, there- ject; and authorizing one or more allowed by law. fore contracts for the purchase of ser- Referred to Directors of Public Be it ordained by the Council of vices, equipment and supplies for Health, Finance, Law; Committees the City of Cleveland: the project. on Public Health, Finance. 1074 May 22, 2002 The City Record 9

Ord. No. 992-02. enter into contracts for the purchase Whereas, this ordinance consti- By Councilmen Britt and Jackson of service and equipment necessary tutes an emergency measure provid- (by departmental request). to operate the Division of Environ- ing for the usual daily operation of An emergency ordinance authoriz- ment. a municipal department; now, there- ing the Director of Public Health to Whereas, this ordinance consti- fore apply for and accept a grant from tutes an emergency measure provid- Be it ordained by the Council of the Ohio Department of Health for ing for the usual daily operation of the City of Cleveland: the 2003 Federal Childhood Lead a municipal department; now, there- Section 1. That pursuant to Sec- Poisoning Prevention Program; and fore, to enter into contract with the Ohio Be it ordained by the Council of tion 183.021 of the Codified Ordi- Department of Public Health for the City of Cleveland: nances of Cleveland, Ohio 1976, the performance of environmental Section 1. That the Director of Commissioner of Purchases and Sup- assessments of the residences of Public Health is hereby authorized plies is hereby authorized to sell Medicaid-eligible children. to accept a grant in the approximate Permanent Parcel No(s). 006-24-040, Whereas, this ordinance consti- amount of $2,484,106 from the Ohio as more fully described below, to tutes an emergency measure provid- Environmental Protection Agency Wanda L. Bolden. ing for the usual daily operation of for financial assistance for the oper- Section 2. That the real property a municipal department; now, there- ation of the Division of Environ- to be sold pursuant to this ordinance fore ment in accordance with the pur- is more fully described as follows: Be it ordained by the Council of poses set forth in the respective the City of Cleveland: summary; that the Director of Pub- P. P. No. 006-24-040 Section 1. That the Director of lic Health is hereby authorized to Public Health is hereby authorized Situated in the City of Cleveland, file all papers and execute all doc- County of Cuyahoga and State of to apply for and accept a grant in uments necessary to receive the Ohio, and known as being Sublot the approximate amount of funds under said grant; and that $312,000.00, and any other funds as said funds be appropriated for the No. 446 in Taylor and Hoyt’s Subdi- they become available, from the purposes set forth in the summary vision of part of Original Brooklyn Ohio Department of Health, to con- for said grant. Township Lot No. 48, as shown by duct the 2003 Federal Childhood Section 2. That the summary for the recorded plat in Volume 1 of Lead Poisoning Prevention Pro- said grant, File No. 993-02-A, made a Maps, Page 36 of Cuyahoga County gram, for the purposes set forth in part hereof as if fully rewritten Records and being 40 feet front on the summary and according thereto; herein, is hereby approved in all the Westerly side of West 47th that the Director of Public Health is respects, including the obligation of Street (formerly Ash Street), and hereby authorized to file all papers the City of Cleveland to provide in extending back of equal width 125 and execute all documents neces- cash matching funds in the sum of sary to receive the funds under said feet to the Easterly line of a 14 foot $290,000, from the Division of Envi- alley, as appears by said plat, be the grant; and that said funds be and ronment’s General Fund budget, in they hereby are appropriated for the same more or less, but subject to all order to receive the grant from the legal highways. purposes set forth in the summary Ohio Environmental Protection for said grant. Section 3. That all documents nec- Agency, as a pass through from the Section 2. That the summary for U.S. Environmental Protection essary to complete the conveyance said grant, File No. 992-02-A, made a Agency. authorized by this ordinance shall part hereof as if fully rewritten Section 3. That the Director of be executed within six (6) months herein, including the obligation to Public Health is hereby authorized of the effective date of this ordi- devote program income from first to enter into contracts for the pur- nance. If all of the documents are and third party billings, estimated chase of equipment and services not executed within six (6) months at $60,611.00, is hereby approved in of the effective date of this ordi- all respects. necessary to operate the Division of Section 3. That the Director of Environment in accordance with the nance, or such additional time as Public Health is hereby authorized purposes set forth in the above-ref- may be granted by the Director of to enter into contract with the State erenced grant summary, and that Community Development, this ordi- of Ohio, Department of Health, said contracts are payable from the nance shall be repealed and shall be under which the City will perform fund or funds to which are credited of no further force or effect. environmental assessments for lead the grant proceeds accepted pur- Section 4. That the consideration hazards in residences occupied by suant to this ordinance and the cash for the subject parcel shall be estab- match authorized herein. Medicaid-eligible children during lished by the Board of Control and Section 4. That this ordinance is the grant term. The contract shall shall be not less than Fair Market provide that the City will receive hereby declared to be an emergency measure and, provided it receives Value taking into account such compensation for performing such terms and conditions, restrictions assessments in the estimated the affirmative vote of two-thirds of and covenants as are deemed nec- amount of $33,040.00, and such other all the members elected to Council, funds that may become available it shall take effect and be in force essary or appropriate. during the grant period. The Direc- immediately upon its passage and Section 5. That the conveyance tor of Finance is hereby authorized approval by the Mayor; otherwise it authorized hereby shall be made by to receive and accept such compen- shall take effect and be in force official deed prepared by the Direc- sation on behalf of the City and the from and after the earliest period tor of Law and executed by the Director of Public Health is autho- allowed by law. Mayor on behalf of the City of rized to sign such documents as are Referred to Directors of Public Cleveland. The deed shall contain necessary to enter into said con- Health, Finance, Law; Committees such provisions as may be necessary tract. on Public Health, Finance. to protect and benefit the public Section 4. That this ordinance is interest including such restrictive Ord. No. 994-02. hereby declared to be an emergency covenants and reversionary inter- measure and, provided it receives By Councilman Cintron. ests as may be specified by the the affirmative vote of two-thirds of An emergency ordinance authoriz- all the members elected to Council, ing the sale of real property as part Board of Control, the Director of it shall take effect and be in force of the Land Reutilization Program Community Development or the immediately upon its passage and and located at 3056 West 47th Street Director of Law. approval by the Mayor; otherwise it to Wanda L. Bolden. Section 6. That this ordinance is shall take effect and be in force Whereas, the City of Cleveland hereby declared to be an emergency from and after the earliest period has elected to adopt and implement measure and, provided it receives allowed by law. the procedures under Chapter 5722 the affirmative vote of two-thirds of Referred to Directors of Public of the Ohio Revised Code to facili- all the members elected to Council, Health, Finance, Law; Committees tate reutilization of nonproductive it shall take effect and be in force on Public Health, Finance. lands situated within the City of immediately upon its passage and Cleveland; and approval by the Mayor; otherwise it Ord. No. 993-02. Whereas, real property acquired shall take effect and be in force By Councilmen Britt and Jackson under the City’s Land Reutilization from and after the earliest period (by departmental request). Program is acquired, held, adminis- An emergency ordinance authoriz- tered and disposed by the City of allowed by law. ing the Director of Public Health to Cleveland through its Department of Referred to Directors of Commu- accept a grant from the Ohio Envi- Community Development under the nity Development, City Planning ronmental Protection Agency for terms of Chapter 5722 of the Ohio Commission, Finance, Law; Commit- financial assistance for the opera- Revised Code and Section 183.021 of tees on Community and Economic tion of the Division of Environment; Codified Ordinances of the City of Development, City Planning, and authorizing said Director to Cleveland, 1976; and Finance. 1075 10 The City Record May 22, 2002

Ord. No. 995-02. and Grant Programs in the City of No. 14 and utilize said repayments By Councilmen Gordon and Jack- Cleveland. and other program income in a son (by departmental request). Section 3. That the Director of revolving fund for making addition- An emergency ordinance authoriz- Community Development is autho- al expenditures under this program, ing the Director of Community rized to accept monies in repayment and such funds are hereby appro- Development to enter into contracts under said programs and to utilize priated for that purpose. with various neighborhood-based said repayments, and other program Section 5. That the City is autho- street clubs, block clubs and other income in a revolving fund for addi- rized to accept promissory notes, community improvement groups to tional expenditures under these pro- naming the City of Cleveland as implement the Cityworks Program. grams and administrative expenses, payee, and mortgages, naming the Whereas, this ordinance consti- which repayments and program City of Cleveland as mortgagee, and tutes an emergency measure provid- income are hereby appropriated for any other security instrument exe- ing for the usual daily operation of those purposes. cuted to evidence and secure repay- a municipal department; now, there- Section 4. That the City is autho- ment of loans made under this pro- fore rized to accept promissory notes, gram. Be it ordained by the Council of naming the City of Cleveland as Section 6. That the Director of the City of Cleveland: payee, and mortgages, naming the Community Development is hereby Section 1. That the Director of City of Cleveland as mortgagee, and authorized to enter into forbearance Community Development is hereby any other security instrument exe- agreements with any recipient of a authorized to enter into contracts cuted to evidence and secure repay- validly existing loan administered with various CDBG-eligible agencies ment of loans made under this pro- by the City, and to charge and to implement the Cityworks Pro- gram. accept fees to cover costs incurred gram. Section 5. That the Director of in the preparation of loan docu- Section 2. That the aggregate cost Community Development is hereby ments, closing, and servicing costs. of said contracts shall be in an authorized to enter into forbearance Such fees shall be deposited into amount not to exceed $250,000.00, agreements with any recipient of a Fund No. 14. The revenues gener- and shall be paid from Fund Nos. 14 validly existing loan administered ated as a result of charging fees are SC 028, Request No. 125707. by the City, and to charge and hereby appropriated for additional Section 3. That this ordinance is accept fees to cover costs incurred program and operating expenses for hereby declared to be an emergency in the preparation of loan docu- Housing Trust Fund activities. measure and, provided it receives ments, closing, and servicing costs. Section 7. That this ordinance is the affirmative vote of two-thirds of Such fees shall be deposited into hereby declared to be an emergency all the members elected to Council, Fund No. 14 and are hereby appro- measure and, provided it receives it shall take effect and be in force priated for the purposes of the Low the affirmative vote of two-thirds of immediately upon its passage and Interest Loan and Grant Program. all the members elected to Council, approval by the Mayor; otherwise it Section 6. That this ordinance is it shall take effect and be in force shall take effect and be in force hereby declared to be an emergency immediately upon its passage and from and after the earliest period measure and, provided it receives approval by the Mayor; otherwise it allowed by law. the affirmative vote of two-thirds of shall take effect and be in force Referred to Directors of Commu- all the members elected to Council, from and after the earliest period nity Development, Finance, Law; it shall take effect and be in force allowed by law. Committees on Community and Eco- immediately upon its passage and Referred to Directors of Commu- nomic Development, Finance. approval by the Mayor; otherwise it nity Development, Finance, Law; shall take effect and be in force Committees on Community and Eco- Ord. No. 996-02. from and after the earliest period nomic Development, Finance. By Councilmen Gordon and Jack- allowed by law. son (by departmental request). Referred to Directors of Commu- Ord. No. 998-02. An emergency ordinance appro- nity Development, Finance, Law; By Councilman Jackson. priating Community Development Committees on Community and Eco- An emergency ordinance to amend Block Grant funds and Federal nomic Development, Finance. Sections 3107.19 and 3107.20 of the Home funds for the operation of the Codified Ordinances of Cleveland, Low Interest Loan and Grant Pro- Ord. No. 997-02. Ohio, 1976, as amended by Ordinance grams; and to enter into contract By Councilmen Gordon and Jack- No. 1116-A-85, passed February 10, with various agencies to implement son (by departmental request). 1986 relating to electrical licenses. these programs. An emergency ordinance authoriz- Whereas, this ordinance consti- Whereas, the City of Cleveland ing the Director of Community tutes an emergency measure provid- has received a Community Develop- Development to enter into contracts ing for the usual daily operation of ment Block Grant, Year 28 and 2002 with various housing development a municipal department; now, there- Federal HOME grant funds, from entities, or their designees, to imple- fore the United States Government; and ment the Housing Trust Fund Pro- Be it ordained by the Council of Whereas, this ordinance consti- gram, for costs associated with var- the City of Cleveland: tutes an emergency measure provid- ious housing activities. Section 1. That Sections 3107.19 ing for the usual daily operation of Whereas, this ordinance consti- and 3107.20 of the Codified Ordi- a municipal department; now, there- tutes an emergency measure provid- nances of Cleveland, Ohio, 1976, as fore ing for the usual daily operation of amended by Ordinance No. 1116-A-85 Be it ordained by the Council of a municipal department; now, there- passed February 10, 1986 are hereby the City of Cleveland: fore amended to read, respectively, as Section 1. That the Community Be it ordained by the Council of follows: Development Block Grant funds the City of Cleveland: from Fund No. 14 SF 028, and Fed- Section 1. That the Director of Section 3107.19 Types and Limi- eral Home Program funds from Community Development is hereby tations of Electrical Licenses Fund 13 SC 955, Request 125708, in authorized to enter into contracts Electrical licenses shall be of five the amount of $5,580,000 for other with various housing development types: expenses are hereby appropriated entities, or their designees, for the (a) Type 1 Contractor’s Electrical for the operation of the Low Inter- purpose of implementing the Hous- License - Residential. A contractor’s est Loan and Grant Programs, ing Trust Fund Program. residential electrical license shall including all related services. The Section 2. Eligible activities under authorize the licensee to install, Low Interest Loan and Grant Pro- the Housing Trust Fund Program maintain, alter and repair all types grams include Repair-A-Home include new construction, rehabilita- and kinds of electrical wiring and (RAH), Corrective Action Grant, tion, site preparation, site acquisi- equipment, for public hire or other- Afford-A-Home (AAH), Senior Home tion, predevelopment activities and wise, and to supervise the doing of Owners Assistance Program financial assistance to home buyers. such work by others, in City resi- (SHAP), Paint Refund Program, Section 3. That the cost of said dences and residential units. Housewarming, Furnace Repair, and contracts shall be in an amount not (b) Type 2 Limited Premises Elec- Home Maintenance Assistance Pro- to exceed $10,268,000.00, and shall be trical License, Class A Public and gram (HMAP). paid from Federal HOME Grant Special Hazard. A limited premises Section 2. That the Director of Fund No. 13 SF 929 and 955 and electrical license, Class A, shall Community Development is autho- Community Development Block apply only to the specific premises rized to enter into one or more con- Grant Fund No. 14 SC 023, 025, 026, specified on the license, which tracts with various non-profit agen- 027 and 028, Request No. 125709. premises shall include buildings or cies, rehabilitation service Section 4. That the Director of other structures where safety of the providers, tenants, homeowners, and Community Development is autho- public is directly involved, such as entities providing services neces- rized to accept monies in repayment places of assembly accommodating sary to process loans and grants to of loans authorized in this ordinance 100 or more persons, theaters, office implement the Low Interest Loan and to deposit those monies in Fund buildings, hospitals, schools, col- 1076 May 22, 2002 The City Record 11 leges, stores, and hotels; and premis- to make electrical installations in establish to the satisfaction of the es on which there are special elec- conformity therewith. Such exami- Board that the applicant possesses trical hazards. The license shall nation shall include at least one the qualifications and knowledge authorize the licensee to install, question relative to each class of necessary to properly operate a pic- maintain, alter and repair electrical building where special provisions or ture machine. wiring and/or equipment on the limitations or ordinances or codes Section 2. That existing Sections specified premises providing that all apply. Applicants shall not be 3107.19 and 3107.20 of the Codified work is done by or under the direct required to have a detailed knowl- Ordinances of Cleveland, Ohio, 1976, supervision of the licensee. edge of all ordinance or code safe- as amended by Ordinance No. 1116- (c) Type 3 Limited Premises Elec- ty provisions for each class or build- A-85, passed February 10, 1986 are trical License, Class B. Private Haz- ing and special hazard, but shall be hereby repealed. ard. A limited premises electrical required to have a general knowl- Section 3. That this ordinance is license, Class B, shall apply only to edge of the hazards and the safety hereby declared to be an emergency the specific premises specified on precautions required to guard measure and, provided it receives the license, which premises include against such hazards. the affirmative vote of two-thirds of only buildings and other structures (b) Limited Premises Electrical all the members elected to Council, where the safety of the public is not Licenses. A certificate authorizing it shall take effect and be in force directly involved and for which a the issuance of a limited premises immediately upon its passage and limited premises electrical license, electrical license shall be granted approval by the Mayor; otherwise it Class A, is not required. The license only to persons who: shall take effect and be in force shall authorize the licensee to (1) Have had not less than 5 from and after the earliest period install, maintain, alter and repair years’ experience for Class A allowed by law. electrical wiring and/or equipment license, and not less than 2 years’ Referred to Directors of Commu- on the specified premises, provided experience for a Class B License, in nity Development, City Planning that all such work is done by or installing, altering, maintaining, Commission, Finance, Law; Commit- under the direct supervision of the and repairing electrical wiring and tees on Community and Economic licensee. equipment; or the equivalent there- Development, City Planning, Legis- (d) Type 4 Elevator Contractor’s of in training or education. lation, Finance. Limited Electrical License. An ele- (2) Satisfactorily complete an vator contractor’s limited electrical examination prepared by and given Ord. No. 999-02. license shall authorize the licensee under the direction of the Board of By Councilman Johnson. to install, maintain, alter and repair Examiners of Electricians. Such An emergency ordinance authoriz- electrical installations for the oper- examination shall establish that the ing the sale of real property as part ation and control of electrically applicant has a reasonably complete of the Land Reutilization Program operated elevators, dumbwaiters and working knowledge of ordinance and located on Cumberland Avenue, moving stairways, and shall be lim- and code provisions governing the East 89th and East 93rd Streets to ited to the electrical wiring for, and installation of electrical wiring and E. and L. Properties LLC. the installation of, motors, controls, equipment, is familiar with the pro- Whereas, the City of Cleveland signalling devices, intercommunica- visions of such ordinances and codes adopted and implemented proce- tion systems, and lighting directly which apply to the premises for dures under Chapter 5722 of the in connection therewith. All work which the limited premises electri- Ohio Revised Code to facilitate shall be done either by the licensee cal license is sought, and possesses reutilization of nonproductive lands or under his direct supervision. theoretical and practical knowledge situated within the City of Cleve- (e) Type 5 Motion Picture Opera- necessary to install and maintain land; and tor’s License. A motion picture oper- electrical wiring and equipment in Whereas, real property acquired ator’s license shall authorize the conformity therewith. Where there under the City’s Land Reutilization licensee to operate any picture are one or more electrical elevators Program is acquired, held, adminis- machine as defined in Section 693.01 on the premises in question, such tered and disposed of by the City of of the Codified Ordinances. examination shall establish that the Cleveland through its Department of applicant is familiar with the elec- Community Development under the Section 3107.20 Prerequisites for trical wiring and equipment of such terms of Chapter 5722 of the Ohio Electrical Licenses. elevators and is capable of per- Revised Code and Section 183.021 of (a) Contractor’s Electrical License forming electrical maintenance Codified Ordinances of the City of - Residential. A certificate autho- work in connection therewith. Cleveland, 1976; and rizing the issuance of a contractor’s (c) Elevator Contractor’s Limited Whereas, this ordinance consti- residential electrical license shall be Electrical License. A certificate tutes an emergency measure provid- granted only to persons who: authorizing the issuance of an ele- ing for the usual daily operation of (1) Have had a minimum of 5 vator contractor’s limited electrical a municipal department; now, there- fore years’ general experience in license shall be granted only to per- Be it ordained by the Council of installing electrical wiring and sons who: the City of Cleveland: equipment; or the equivalent there- (1) Have had not less than 5 Section 1. That pursuant to Sec- of in training or education. years’ experience in installing elec- tion 183.021 of the Codified Ordi- The applicant for a contractor’s trical wiring and equipment, not nances of Cleveland, Ohio 1976, the residential electrical license shall less than one year of which was Commissioner of Purchases and Sup- include in his application a state- devoted to installing electrical plies is hereby authorized to sell ment of experience; specifying par- wiring and equipment for electrical Permanent Parcel No. 126-14-024 as ticular jobs with dates of same, elevators; or the equivalent in train- more fully described below, to E. length of time devoted to each job, ing or education. and L. Properties LLC. and the name of the employer or (2) Satisfactorily complete an Section 2. That the real property other responsible person with direct examination prepared by and given to be sold pursuant to Section 1 of knowledge of the character and under the direction of the Board of this Ordinance is more fully quality of the work performed by Examiners of Electricians. Such described as follows: the applicant, and of the character examination shall establish that the P. P. No. 126-14-024 of the applicant. Such application applicant is familiar with the pro- shall also include a statement of the visions of ordinances and codes gov- Parcel No. 1 schooling and training of the appli- erning the installation of electrical Situated in the City of Cleveland, cant, and of apprenticeship served wiring equipment for electrical ele- County of Cuyahoga and State of by the applicant, insofar as such is vators, dumbwaiters and moving Ohio, and known as being the pertinent to the application. stairways, and possesses the theo- Northerly 29 feet between parallel (2) Satisfactorily complete an retical and practical knowledge nec- lines of Sublot No. 16 in Reuben examination prepared by and given essary to install such electrical Yeakel’s Subdivision of part of Orig- under the direction of the Board of wiring in conformity therewith. inal One Hundred Acre Lots Nos. Examiners of Electricians. Such (d) Motion Picture Operator’s 417, 424, and 425 as shown by the satisfaction of such Board that the License. A certificate authorizing recorded plat in Volume 5 of Maps, applicant has a working knowledge the issuance of a motion picture Page 16 of Cuyahoga County of the ordinances and codes govern- operator’s license shall be issued to Records and being 29 feet front on ing the installation of electrical any person twenty-one years of age the Westerly side of East 93rd Street (formerly Oakdale Street) work in the City including electri- or over who: 192.08 feet deep on the Northerly cal wiring and equipment for elec- (1) Has had not less than three line about 176.42 feet deep on the trical elevators and amusement years experience in motion picture Southerly line and having a rear devices and including those which operation. line of 32.02 feet along the North- require specific safeguards because (2) Has satisfactorily completed easterly line of East 92nd Place, as of the use or occupancy of the build- an examination prepared and given appears by said plat, be the same ing, and possesses the theoretical by the Board of Examiners of Elec- more or less, but subject to all legal and practical knowledge necessary tricians, which examination shall highways. 1077 12 The City Record May 22, 2002

Parcel No. 2 by deed dated September 12, 1916 the recorded plat in Volume 5 of Situated in the City of Cleveland, and recorded in Volume 1856, Page Maps, Page 16 of Cuyahoga County County of Cuyahoga and State of 414 of Cuyahoga County Records; Records and being 42 feet front on Ohio, and known as being part of thence Westerly along the Westerly the Westerly side of East 93rd Sublot No. 17 in Reuben Yeakel’s prolongation of the Northerly line of Street, (formerly Oakdale Street), Subdivision of part of Original One land so conveyed to Vera Goldman, and extending back 148.23 feet on Hundred Acre Lots Nos. 417, 424 and about 55 feet 10 inches to the East- the Northerly line, 125.50 feet on the 425, as shown by the recorded plat erly line of an alley; thence Souther- Southerly line and along the in Volume 5 of Maps, Page 16 of ly along the Easterly line of said Northerly line of a 12 foot alley and Cuyahoga County Records, and alley to its point of intersection about 47.79 feet wide in the rear, as forming a parcel of land bounded with the Westerly prolongation of appears by said plat, be the same and described as follows: the Southerly line of land so con- more or less, but subject to all legal Beginning in the Westerly line of veyed to Vera Goldman, as afore- highways. East 93rd Street (formerly Oakdale said; thence Easterly along the Also subject to all zoning ordi- Street) 60 feet wide at the South- Westerly prolongation about 42 feet nances, if any. easterly corner of said Sublot No. 17; 4 inches to the Southwesterly corner Section 11. That pursuant to Sec- thence Northerly along said Wester- of land so conveyed to Vera Gold- tion 183.021 of the Codified Ordi- ly line of East 93rd Street 5.00 feet; man; thence Northerly along the nances of Cleveland, Ohio 1976, the thence Westerly along a line paral- Westerly line of land so conveyed to Commissioner of Purchases and Sup- lel with the Southerly line of said Vera Goldman, 26 feet to the place plies is hereby authorized to sell Sublot No. 17, about 188.83 feet to the of beginning, be the same more or Permanent Parcel No. 126-14-029 as Southeasterly line of East 92nd less, but subject to all legal high- more fully described below, to E. Place, 12 feet wide; thence South- ways. and L. Properties LLC. westerly, along said Southeasterly Section 7. That pursuant to Sec- Section 12. That the real property line of East 92nd Place, about 6.01 tion 183.021 of the Codified Ordi- to be sold pursuant to this Ordi- feet to the Southwesterly corner of nances of Cleveland, Ohio 1976, the nance is more fully described as fol- said Sublot No. 17; thence Easterly Commissioner of Purchases and Sup- lows: along the Southerly line of Sublot plies is hereby authorized to sell No. 17, 192.08 feet to the place of Permanent Parcel No. 126-14-027 as P. P. No. 126-14-029 beginning, as appears by said plat, more fully described below, to E. Situated in the City of Cleveland, be the same more or less, but sub- and L. Properties LLC. County of Cuyahoga and State of ject to all legal highways. Section 8. That the real property Ohio, and known as being Sublot No. Also subject to all zoning ordi- to be sold pursuant to this Ordi- 13 in Reuben Yeakel’s Subdivision nances, if any. nance is more fully described as fol- of part of Original One Hundred Section 3. That pursuant to Sec- lows: Acre Lot Nos. 417, 424 and 425, as tion 183.021 of the Codified Ordi- shown by the recorded plat in Vol- nances of Cleveland, Ohio 1976, the P. P. No. 126-14-027 ume 5 of Maps, Page 16 of Cuyahoga Commissioner of Purchases and Sup- Situated in the City of Cleveland, County Records and being 42 feet plies is hereby authorized to sell County of Cuyahoga and State of front on the Northerly side of Stein- Permanent Parcel No. 126-14-025 as Ohio, and known as being the way Avenue, S.E., (formerly Oak- more fully described below, to E. Southerly 25 feet of Sublot No. 15 field Avenue), and extending back and L. Properties LLC. and the Northerly 1 foot of Sublot of equal width 138 feet 2 inches Section 4. That the real property No. 14 in Reuben Yeakel’s Subdivi- along the Westerly line of East 93rd Street (formerly Oak Street) to the to be sold pursuant to Section 1 of sion of part of Original One Hun- Southerly line of a 12 foot alley, as this Ordinance is more fully dred Acre Lot Nos. 417, 424 and 425, appears by said plat, be the same described as follows: as shown by the recorded plat in more or less, but subject to all legal Volume 5 of Maps, Page 16 of Cuya- highways. P. P. No. 126-14-025 hoga County Records, and together Section 13. That pursuant to Sec- Situated in the City of Cleveland, forming a parcel of land, bounded tion 183.021 of the Codified Ordi- County of Cuyahoga and State of and described as follows: nances of Cleveland, Ohio 1976, the Ohio, and known as being the Beginning at a point on the West- Commissioner of Purchases and Sup- Northerly 15 feet of the Easterly 120 erly line of East 93rd Street, at the plies is hereby authorized to sell feet of Sublot No. 15 and the Northeasterly corner of a parcel of Permanent Parcel No. 126-14-030 as Southerly 11 feet of the Easterly 120 land conveyed to John and Katalin more fully described below, to E. feet of Sublot No. 16 in Reuben Hasznos, by deed recorded in Vol- and L. Properties LLC. Yeakel’s Subdivision of part of Orig- ume 2180, Page 251 of Cuyahoga Section 14. That the real property inal One Hundred Acre Lot Nos. 417, County Records; thence Southerly 26 to be sold pursuant to this Ordi- 424 and 425, as shown by the record- feet measured along said Westerly nance is more fully described as fol- ed plat in Volume 5 of Maps, Page line of East 93rd Street; thence lows: 16 of Cuyahoga County Records and Westerly 148.23 feet and parallel together forming a parcel of land with the Northerly line of land con- P. P. No. 126-14-030 having frontage of 26 feet on the veyed to John and Katalin Hasznos Situated in the City of Cleveland, Westerly side of East 93rd Street, as aforesaid to the Southwesterly County of Cuyahoga and State of and extending back of equal width line thereof; thence Northwesterly Ohio, and known as being part of 120 feet, as appears by said plat, be 29.56 feet measured along said Sublot No. 12 in Reuben Yeakel’s the same more or less, but subject Southwesterly line to the North- Allotment of part of Original One to all legal highways. westerly corner of land conveyed to Hundred Acre Lot Nos. 417, 424 and Section 5. That pursuant to Sec- John and Katalin Hasznos as afore- 425, as shown by the recorded plat tion 183.021 of the Codified Ordi- said; thence Easterly 162.30 feet in Volume 5 of Maps, Page 16 of nances of Cleveland, Ohio 1976, the measured along the Northerly line Cuyahoga County Records and Commissioner of Purchases and Sup- of land so conveyed to the place of bounded and described as follows: plies is hereby authorized to sell the beginning, as appears by said Beginning on the Northerly line of Permanent Parcel No. 126-14-026 as plat, be the same more or less, but Steinway Avenue, S.E., at the South- more fully described below to E. and subject to all legal highways. easterly corner of Sublot No. 12; L. Properties LLC. Section 9. That pursuant to Sec- thence Westerly along the Norther- Section 6. That the real property tion 183.021 of the Codified Ordi- ly line of Steinway Avenue, S.E., 27 to be sold pursuant to this Ordi- nances of Cleveland, Ohio 1976, the feet to the Northeasterly line of Buckeye Road, S.E., as widened by nance is more fully described as fol- Commissioner of Purchases and Sup- plat recorded in Volume 11 of Maps, lows: plies is hereby authorized to sell Page 3 of Cuyahoga County Permanent Parcel No. 126-14-028 as Records; thence Northwesterly along P. P. No. 126-14-026 more fully described, to E. and L. said Northeasterly line of Buckeye Situated in the City of Cleveland, Properties LLC. Road, S.E., 21 feet 1/2 inches to the County of Cuyahoga and State of Section 10. That the real property Westerly line of Sublot No. 12; Ohio, and known as being part of to be sold pursuant to this Ordi- thence Northerly along the Wester- Sublot Nos. 15 and 16 in Reuben nance is more fully described as fol- ly line of Sublot No. 12, a distance Yeakel’s Allotment of part of Origi- lows: of 127 feet 9 1/2 inches to the nal One Hundred Acre Lot Nos. 417, Southerly line of a 12 foot alley; 424 and 425, as shown by the record- P. P. No. 126-14-028 thence Easterly along the Southerly ed plat in Volume 5 of Maps, Page Situated in the City of Cleveland, line 30 feet to the Northeasterly cor- 16 of Cuyahoga County Records and County of Cuyahoga and State of ner of Sublot No. 12; thence Souther- together forming a parcel of land Ohio, and known as being the ly along the Easterly line of said bounded and described as follows: Southerly 42 feet of Sublot No. 14 in Sublot No. 12, 138 feet 2 inches in Beginning at the Northwesterly Reuben Yeakel’s Subdivision of part the place of the beginning, be the corner of land conveyed by John of Original One Hundred Acre Lots same more or less, but subject to all Gedeon and wife to Vera Goldman Nos. 417, 424, and 425, as shown by legal highways. 1078 May 22, 2002 The City Record 13

Section 15. That pursuant to Sec- tion with the Easterly line of said Permanent Parcel No. 126-14-102 as tion 183.021 of the Codified Ordi- Sublot No. 158, thence Northerly more fully described below, to E. nances of Cleveland, Ohio 1976, the along the Easterly line of said and L. Properties LLC. Commissioner of Purchases and Sup- Sublot No. 158, 120 feet to the Section 24. That the real property plies is hereby authorized to sell Southerly line of Cumberland to be sold pursuant to this Ordi- Permanent Parcel No. 126-14-032 as Avenue, S.E.; thence Westerly along nance is more fully described as fol- more fully described below, to E. the Northerly line of Sublot No. 158, lows: and L. Properties LLC. which is also the Southerly line of Section 16. That the real property Cumberland Avenue, S.E., 40 feet to P. P. No. 126-14-102 to be sold pursuant to this Ordi- the Northwesterly corner of said Situated in the City of Cleveland, nance is more fully described as fol- Sublot No. 158; thence Southerly County of Cuyahoga and State of lows: along the Westerly line of said Ohio, and known as being Sublot No. Sublot No. 158, 141 feet 11 2/3 inch- 149 in Wyman and Hamilton’s Allot- P. P. No. 126-14-032 es to the Northerly line of said ment of part of Original One Hun- Situated in the City of Cleveland, Sublot No. 1; thence Westerly dred Acre Lot No. 416, as shown by County of Cuyahoga and State of along the Northerly line of said the recorded plat in Volume 5 of Ohio, and known as being Sublot No. Sublot No. 1, 21.80 feet to the place Maps, Page 22 of Cuyahoga County 10 in Reuben Yeakel’s Allotment of of the beginning, be the same more Records and being 40 feet front on part of Original One Hundred Acre or less, but subject to all legal high- the Southerly side of Cumberland Lot Nos. 417, 424 and 425 in said ways. Avenue, S.E., (formerly Charles City. Said Sublot No. 10 has frontage Section 19. That pursuant to Sec- Street) 140 feet 9-2/3 inches deep on of 50 feet on the Northeasterly side tion 183.021 of the Codified Ordi- the Easterly line, and 140 feet 11 of Buckeye Road, S.E., (formerly nances of Cleveland, Ohio 1976, the inches deep on the Westerly line, Woodland Avenue), and is 90 feet 7 Commissioner of Purchases and Sup- and 40 feet wide in rear, as appears 1/2 inches deep on the Westerly plies is hereby authorized to sell by said plat, be the same more or line, 110 feet 1/2 inches deep on its Permanent Parcel No. 126-14-100 as less, but subject to all legal high- Easterly line and 30 feet 7 1/2 inch- more fully described below, to E. ways. es wide in the rear, as appears by and L. Properties LLC. Subject to Zoning Ordinances, if said plat said Allotment recorded in Section 20. That the real property any. Volume 5 of Maps, Page 16 of Cuya- to be sold pursuant to this Ordi- Section 25. That pursuant to Sec- hoga County Records, excepting nance is more fully described as fol- tion 183.021 of the Codified Ordi- therefrom a 10 foot strip used for lows: nances of Cleveland, Ohio 1976, the widening of Buckeye Road, S.E., Commissioner of Purchases and Sup- recorded in Volume 11 Page 3 of P. P. No. 126-14-100 plies is hereby authorized to sell Cuyahoga County Records. Subject Situated in the City of Cleveland, Permanent Parcel No. 126-14-103 as to zoning ordinance, if any. County of Cuyahoga and State of more fully described below, to E. Section 17. That pursuant to Sec- Ohio, and known as being County and L. Properties LLC. tion 183.021 of the Codified Ordi- Auditor Permanent Parcel No. 126.14- Section 26. That the real property nances of Cleveland, Ohio 1976, the 100, and known as being Sublot No. to be sold pursuant to this Ordi- Commissioner of Purchases and Sup- 147 in Hamilton and Wyman’s Re- nance is more fully described as fol- plies is hereby authorized to sell Subdivision of part of Original One lows: Permanent Parcel No. 126-14-042 as Hundred Acre Lot No. 416, as shown more fully described below, to E. by the recorded plat in Volume 5 of P. P. No. 126-14-103 and L. Properties LLC. Maps, Page 22 of Cuyahoga County Situated in the City of Cleveland, Section 18. That the real property Records and being 40 feet front on County of Cuyahoga and State of to be sold pursuant to this Ordi- the Southerly side of Cumberland Ohio, and known as being Sublot No. nance is more fully described as fol- Avenue, S.E., and extending back 150 in Wyman and Hamilton’s Re- lows: 134 feet 7 inches on the Easterly Subdivision of part of Original One line, 140 feet 8-1/3 inches on the Hundred Acre Lot No. 416, as shown P. P. No. 126-14-042 Westerly line and having a rear line by the recorded plat in Volume 5 of Situated in the City of Cleveland, of about 41 feet 7-1/4 inches along Maps, Page 22 of Cuyahoga County County of Cuyahoga and State of the Northerly line of a 12 foot alley, Records and being 40 feet front on Ohio, and known as being part of as appears by said plat, be the same the Southerly side of Cumberland Sublot No. 157 and all of Sublot No. more or less, but subject to all legal Avenue, S.E., (formerly Charles 158 in Hamilton and Wyman Allot- highways. Street), 140 feet 11 inches deep on ment of part of Original One Hun- Subject to Zoning Ordinances, if the Easterly line, 141 feet _ of an dred Acre Lot No. 416, as shown by any. inch deep on the Westerly line and the recorded plat in Volume 5 of Section 21. That pursuant to Sec- 40 feet wide in the rear, as appears Maps, Page 22 of Cuyahoga County tion 183.021 of the Codified Ordi- by said plat, be the same more or Records and a part of Sublot No. 1 nances of Cleveland, Ohio 1976, the less, but subject to all legal high- in Reuben Yeakel’s Allotment of Commissioner of Purchases and Sup- ways. part of Original One Hundred Acre plies is hereby authorized to sell Subject to Zoning Ordinances, if Lot Nos. 417, 424 and 425, as shown Permanent Parcel No. 126-14-101 as any. by the recorded plat in Volume 5 of more fully described below, to E. Section 27. That pursuant to Sec- Maps, Page 16 of Cuyahoga County and L. Properties LLC. tion 183.021 of the Codified Ordi- Records and together forming a par- Section 22. That the real property nances of Cleveland, Ohio 1976, the cel of land bounded and described to be sold pursuant to this Ordi- Commissioner of Purchases and Sup- as follows: nance is more fully described as fol- plies is hereby authorized to sell Beginning on the Northeasterly lows: Permanent Parcel No. 126-14-105 as line of Buckeye Road, S.E., (for- more fully described below, to E. merly Woodland Avenue), 80 feet P. P. No. 126-14-101 and L. Properties LLC. wide, at its intersection with the Situated in the City of Cleveland, Section 28. That the real property Northerly line of said Sublot No. 1; County of Cuyahoga and State of to be sold pursuant to this Ordi- thence Southeasterly along the Ohio, and known as being Sublot No. nance is more fully described as fol- Northeasterly line of Buckeye Road, 148 in Hamilton and Wyman’s Allot- lows: S.E., about 84.16 feet to its intersec- ment of part of Original One Hun- tion with the Southeasterly line of dred Acre Lot No. 416, as shown by P. P. No. 126-14-105 said Sublot No. 1; thence Northeast- the recorded plat in Volume 5 of Situated in the City of Cleveland, erly along the Southeasterly line of Maps, Page 22 of Cuyahoga County County of Cuyahoga and State of said Sublot No. 1, 55 feet 10 1/2 inch- Records and being 40 feet front on Ohio, and known as being the West- es to the Southerly line of said the Southerly side of Cumberland erly 10 feet of the Northerly 120 feet Sublot No. 157; thence Easterly Avenue, S.E., and extending back of Sublot No. 151 and the Easterly along the Southerly line of said between parallel lines, 140.7 feet 20 feet of the Northerly 120 feet of Sublot No. 157, 6 1/2 inches to the deep on the Easterly line, 140.77 feet Sublot No. 152 in Hamilton and Southeasterly corner thereof; thence deep on the Westerly line as Wymans Re-Subdivision of part of Northerly along the Easterly line of appears by said plat, be the same Original One Hundred Acre Lot No. said Sublot No. 157, 21 feet 8 4/5 more or less, but subject to all legal 416 as shown by the recorded plat inches to a point which is distant highways. in Volume 5 of Maps, Page 22 of 120 feet Southerly, measured along Subject to Zoning Ordinances, if Cuyahoga County Records, and said Easterly line, from the Souther- any. together forming a parcel of land ly line of Cumberland Avenue, S.E., Section 23. That pursuant to Sec- having a frontage of 30 feet on the (formerly Charles Street) thence tion 183.021 of the Codified Ordi- Southerly side of Cumberland Westerly and parallel with the nances of Cleveland, Ohio 1976, the Avenue, S.E., (formerly Charles Southerly line of Cumberland Commissioner of Purchases and Sup- Street) and extending back of equal Avenue, S.E., 40 feet to its intersec- plies is hereby authorized to sell width 120 feet deep, as appears by 1079 14 The City Record May 22, 2002 said plat, be the same more or less, Sublot Nos. 154 and 155 in Wyman P. P. No. 126-14-111 but subject to all legal highways. and Hamilton’s Allotment of part of Situated in the City of Cleveland, Subject to Zoning Ordinances, if Original One Hundred Acre Lot No. County of Cuyahoga and State of any. 416, as shown by the recorded plat Ohio, and known as being part of Section 29. That pursuant to Sec- in Volume 5 of Maps, Page 22 of Sublot No. 156 in Wyman and Hamil- tion 183.021 of the Codified Ordi- Cuyahoga County Records and ton’s Allotment of part of Original nances of Cleveland, Ohio 1976, the together forming a parcel of land One Hundred Acre Lot No. 416, Commissioner of Purchases and Sup- bounded and described as follows: recorded in Volume 5 of Maps, Page plies is hereby authorized to sell Beginning in the Southerly line of 22 of Cuyahoga County Records, Permanent Parcel No. 126-14-106 as Cumberland Avenue, S.E., at a point bounded and described as follows: more fully described below, to E. distant Easterly 67.79 feet from the Beginning at the Northwesterly and L. Properties LLC. Northwesterly corner of Sublot No. corner of said Sublot No. 156; thence Section 30. That the real property 156 in said Wyman and Hamilton’s Easterly along the Southerly line of to be sold pursuant to this Ordi- Allotment, thence Easterly along Cumberland Avenue, S.E., 32.22 feet; nance is more fully described as fol- the Southerly line of Cumberland thence Southerly parallel with the lows: Avenue, S.E., 25.55 feet to a point Westerly line of said Sublot, 141.64 distant Easterly 13.34 feet from the feet to the Southerly line of said P. P. No. 126-14-106 Northwesterly corner of said Sublot Sublot; thence Westerly along the Situated in the City of Cleveland, No. 154, thence Southerly parallel Southerly line of said Sublot, 32.22 County of Cuyahoga and State of with the Westerly line of said feet to the Southwesterly corner Ohio, and known as being parts of Sublot No. 154, 141.46 feet to the thereof; thence Northerly along the Sublot Nos. 152 and 153 in Hamilton Southerly line of said Sublot No. 154, Westerly line of said Sublot, 141.73 and Wyman’s Subdivision of part of thence Westerly along the Souther- feet to the beginning, according to Original One Hundred Acre Lot No. ly line of said Sublot Nos. 154 and the survey of Charles W. Root, Civil 416, as shown by the recorded plat 155, 25.55 feet to a point distant Engineer, be the same more or less, in Volume 5 of Maps, Page 22 of Easterly 67.79 feet from the South- but subject to all legal highways. Cuyahoga County Records, said westerly corner of said Sublot No. Section 39. That pursuant to Sec- parts of Sublot Nos. 152 and 153 are 156 in said Wyman and Hamilton’s tion 183.021 of the Codified Ordi- bounded and described as follows: Allotment, thence Northerly parallel nances of Cleveland, Ohio 1976, the Beginning at a point in the with the Westerly line of Sublot No. Commissioner of Purchases and Sup- Southerly line of Cumberland 156, 141.54 feet to the place of begin- plies is hereby authorized to sell Avenue, S.E., 330.76 feet Westerly ning , according to the survey of Permanent Parcel No. 126-14-112 as from the intersection of the Wester- Charles W. Root, Civil Engineer, more fully described below, to E. ly line of East 93rd Street; thence dated May 4, 1929, be the same more and L. Properties LLC. Southerly parallel with Easterly line or less, but subject to all legal high- Section 40. That the real property of said Sublot No. 152, 120 feet; ways. to be sold pursuant to this Ordi- thence Westerly parallel with the Subject to Zoning Ordinances, if nance is more fully described as fol- Southerly line of Cumberland any. lows: Avenue, S.E., 29 feet; thence Norther- Section 35. That pursuant to Sec- ly parallel with the Easterly line of tion 183.021 of the Codified Ordi- P. P. No. 126-14-112 said Sublot No. 152, 120 feet; thence nances of Cleveland, Ohio 1976, the Situated in the City of Cleveland, Easterly along the Southerly line of Commissioner of Purchases and Sup- County of Cuyahoga and State of Cumberland Avenue, S.E., 29 feet to plies is hereby authorized to sell Ohio, and known as being the North the place of the beginning, be the Permanent Parcel No. 126-14-110 as part of Sublot No. 157 in Hamilton same more or less, but subject to all more fully described below, to E. and Wyman’s Allotment of part of legal highways. and L. Properties LLC. Original One Hundred Acre Lot No. Section 31. That pursuant to Sec- Section 36. That the real property 416, as shown by the recorded plat tion 183.021 of the Codified Ordi- to be sold pursuant to this Ordi- in Volume 5 of Maps, Page 22 of nances of Cleveland, Ohio 1976, the nance is more fully described as fol- Cuyahoga County Records, being a Commissioner of Purchases and Sup- lows: parcel of land 40 feet front on the plies is hereby authorized to sell Southerly side of Cumberland Permanent Parcel No. 126-14-108 as P. P. No. 126-14-110 Avenue, S.E., (formerly Cumberland more fully described below, to E. Situated in the City of Cleveland, Street) and extending back of equal and L. Properties LLC. County of Cuyahoga and State of width 120 feet, as appears by said Section 32. That the real property Ohio, and known as being part of plat, be the same more or less, but to be sold pursuant to this Ordi- Sublot Nos. 155 and 156 in Wyman subject to all legal highways. nance is more fully described as fol- and Hamilton’s Allotment of part of Section 41. That pursuant to Sec- lows: Original One Hundred Acre Lot No. tion 183.021 of the Codified Ordi- 416 as shown by the recorded plat nances of Cleveland, Ohio 1976, the P. P. No. 126-14-108 in Volume 5 of Maps, Page 22 of Commissioner of Purchases and Sup- Situated in the City of Cleveland, Cuyahoga County Records and plies is hereby authorized to sell County of Cuyahoga and State of together forming a parcel of land Permanent Parcel No. 126-14-113 as Ohio, and known as being the East- bounded and described as follows: more fully described below, to E. erly 26.66 feet of Northerly 115 feet Beginning in the Northerly line of and L. Properties LLC. to Sublot No. 154 in the Hamilton Cumberland Avenue, S.E., at a point Section 42. That the real property and Wyman’s Re-Allotment of part distant Easterly 32.22 feet from the to be sold pursuant to this Ordi- of Original One Hundred Acre Lot Northwesterly corner of said Sublot nance is more fully described as fol- No. 416, as shown by the recorded No. 156; thence Easterly along the lows: plat in Volume 5 of Maps, Page 22 Southerly line of Cumberland of Cuyahoga County Records and Avenue, S.E., 35.57 feet; thence P. P. No. 126-14-113 being 26.66 feet front on the Souther- Southerly parallel with the Wester- Situated in the City of Cleveland, ly side of Cumberland Avenue, S.E., ly line of Sublot No. 155; 141.54 feet County of Cuyahoga and State of and extending back of equal width to the Southerly line of said Sublot Ohio, and known as being Sublot No. 115 feet, as appears by said plat, be No. 155; thence Westerly along the 158 in the Hamilton and Wyman’s the same more or less, but subject Southerly line of said Sublot Nos. Allotment of part of Original One to all legal highways. 155 and 156, 35.57 feet to a point dis- Hundred Acre Lot No. 416 as shown Subject to Zoning Ordinances, if tant Easterly 32.22 feet from the by the recorded plat in Volume 5 of any. Southwesterly corner of said Sublot Maps, Page 22 of Cuyahoga County Section 33. That pursuant to Sec- No. 156; thence Northerly parallel Records and being a parcel of land tion 183.021 of the Codified Ordi- with the Westerly line of said 40 feet front on the Southerly side nances of Cleveland, Ohio 1976, the Sublot No. 156, 141.64 feet to the of Cumberland Avenue, S.E., (for- Commissioner of Purchases and Sup- beginning, be the same more or less, merly Cumberland Street) and plies is hereby authorized to sell but subject to all legal highways. extending back of equal width Permanent Parcel No. 126-14-109 as Section 37. That pursuant to Sec- 141.85 feet deep on the Easterly line, more fully described below, to E. tion 183.021 of the Codified Ordi- 141.97 feet deep on the Westerly and L. Properties LLC. nances of Cleveland, Ohio 1976, the line, and being 40 feet wide in the Section 34. That the real property Commissioner of Purchases and Sup- rear, as appears by said plat, be the to be sold pursuant to this Ordi- plies is hereby authorized to sell same more or less, but subject to all nance is more fully described as fol- Permanent Parcel No. 126-14-111 as legal highways. lows: more fully described below, to E. Section 43. That all documents and L. Properties LLC. necessary to complete the con- P. P. No. 126-14-109 Section 38. That the real property veyance authorized by this ordi- Situated in the City of Cleveland, to be sold pursuant to this Ordi- nance shall be executed within six County of Cuyahoga and State of nance is more fully described as fol- (6) months of the effective date of Ohio, and known as being part of lows: this ordinance. If all of the docu- 1080 May 22, 2002 The City Record 15 ments are not executed within six ed plat in Volume 21 of Maps, Page Whereas, Medici Properties LLC (6) months of the effective date of 29 of Cuyahoga County Records, and (the “Enterprise”) has proposed to this ordinance, or such additional being 40 feet front on the Southerly acquire property and to construct time as may be granted by the side of Lockyear Avenue, N.E., and improvements and renovations at Director of Community Develop- extending back of equal width 70 the property located at 6419-6421 ment, this ordinance shall be feet, as appears by said plat, be the Detroit Avenue, located in the Cleve- repealed and shall be of no further same more or less, but subject to all land Area Enterprise Zone; and force or effect. legal highways. Whereas, the Enterprise has cer- Section 44. That the consideration Section 3. That all documents nec- tified to the City that, but for tax for the subject parcel shall be estab- essary to complete the conveyance abatement of personal property im- lished by the Board of Control and authorized by this ordinance shall provements the Enterprise would be shall be not less than Fair Market be executed within six (6) months at a competitive disadvantage by Value taking into account such of the effective date of this ordi- terms and conditions, restrictions operating at this location; and and covenants as are deemed nec- nance. If all of the documents are not executed within six (6) months Whereas this ordinance consti- essary or appropriate. tutes an emergency measure in that Section 45. That the conveyance of the effective date of this ordi- nance, or such additional time as the same provides for the immediate authorized hereby shall be made by preservation of the public peace, official deed prepared by the Direc- may be granted by the Director of safety, property, and welfare and tor of Law and executed by the Community Development, this ordi- Mayor on behalf of the City of nance shall be repealed and shall be for the further reason that its enact- Cleveland. The deed shall contain of no further force or effect. ment is a necessary prerequisite to such provisions as may be necessary Section 4. That the consideration providing immediate assistance to to protect and benefit the public for the subject parcel shall be estab- create and preserve job opportuni- interest including such restrictive lished by the Board of Control and ties and advance and promote com- covenants and reversionary inter- shall be not less than Fair Market mercial and economic development ests as may be specified by the Value taking into account such in the City of Cleveland, such assis- Board of Control, the Director of terms and conditions, restrictions tance being immediately necessary Community Development or the and covenants as are deemed nec- or such jobs will be lost; now, there- Director of Law. essary or appropriate. fore, Section 46. That this ordinance is Be it ordained by the Council of hereby declared to be an emergency Section 5. That the conveyance measure and, provided it receives authorized hereby shall be made by the City of Cleveland: the affirmative vote of two-thirds of official deed prepared by the Direc- Section 1. That this Council here- all the members elected to Council, tor of Law and executed by the by approves the application of the it shall take effect and be in force Mayor on behalf of the City of Enterprise for enterprise zone incen- immediately upon its passage and Cleveland. The deed shall contain tives on the basis that the Enter- approval by the Mayor; otherwise it such provisions as may be necessary prise is qualified by financial shall take effect and be in force to protect and benefit the public responsibility and business experi- from and after the earliest period interest including such restrictive ence to create and preserve employ- allowed by law. covenants and reversionary inter- ment opportunities in the Cleveland Referred to Directors of Commu- ests as may be specified by the Area Enterprise Zone and to im- nity Development, City Planning Board of Control, the Director of prove the economic climate of the Commission, Finance, Law; Commit- Community Development or the City of Cleveland. tees on Community and Economic Director of Law. Development, City Planning, Section 2. That the Director of Section 6. That this ordinance is Finance. Economic Development is autho- hereby declared to be an emergency rized to enter into an Enterprise Ord. No. 1000-02. measure and, provided it receives Zone Agreement with the Enterprise By Councilman Lewis. the affirmative vote of two-thirds of to provide for a ten year sixty per- An emergency ordinance authoriz- all the members elected to Council, cent (60%) abatement for certain ing the sale of real property as part it shall take effect and be in force tangible personal property improve- of the Land Reutilization Program immediately upon its passage and ments as an incentive to acquire and located on Lockyear Avenue to approval by the Mayor; otherwise it property and to construct improve- Frank Hughes and Rosemary shall take effect and be in force ments and renovations at the prop- Hughes. from and after the earliest period erty located at 6419-6421 Detroit Whereas, the City of Cleveland allowed by law. Avenue, located in the Cleveland has elected to adopt and implement Referred to Directors of Commu- the procedures under Chapter 5722 nity Development, City Planning Area Enterprise Zone; said abate- of the Ohio Revised Code to facili- Commission, Finance, Law; Commit- ment shall be subject to annual tate reutilization of nonproductive tees on Community and Economic review of the Tax Incentive Review lands situated within the City of Development, City Planning, Council. Cleveland; and Finance. Section 3. That the terms of said Whereas, real property acquired tax abatement shall be in accor- under the City’s Land Reutilization Ord. No. 1001-02. dance with the terms as set forth in Program is acquired, held, adminis- By Councilmen Zone, Gordon, Cim- the Summary contained in File No. tered and disposed by the City of perman and Jackson (by depart- 1001-02-A. The terms of said file Cleveland through its Department of notwithstanding, the terms of the Community Development under the mental request). terms of Chapter 5722 of the Ohio An emergency ordinance Autho- tax abatement shall not be amend- Revised Code and Section 183.021 of rizing the Director of Economic ed, nor shall the tax abatement be Codified Ordinances of the City of Development to enter into an Enter- assignable or transferrable to any Cleveland, 1976; and prise Zone Agreement with Medici entity, without the prior legislative Whereas, this ordinance consti- Properties LLC to provide for a ten authorization by Cleveland City tutes an emergency measure provid- year sixty percent abatement for Council. ing for the usual daily operation of certain tangible personal property Section 4. That the Director of a municipal department; now, there- improvements as an incentive to Economic Development is hereby fore, acquire property and to construct authorized to charge and accept fees Be it ordained by the Council of improvements and renovations at in an amount not to exceed the max- the City of Cleveland: the property located at 6419-6421 imum allowable under Chapter 5709 Section 1. That pursuant to Sec- Detroit Avenue, located in the Cleve- of the Revised Code and such funds tion 183.021 of the Codified Ordi- land Area Enterprise Zone. nances of Cleveland, Ohio 1976, the are hereby appropriated for the pur- Whereas, pursuant to Ordinance poses set forth in Chapter 5709 of Commissioner of Purchases and Sup- No. 948-95, passed June 19, 1995, this plies is hereby authorized to sell the Revised Code. Such fees shall be Council designated an area which is deposited to and expended from Permanent Parcel No(s). 105-33-150, in the City of Cleveland and as more fully described below, to Fund No. 17 SF 305, Loan Fees Fund. described in File No. 948-95-A, as the Frank Hughes and Rosemary Section 5. That the Director of Cleveland Area Enterprise Zone Hughes. Law shall prepare and approve said Section 2. That the real property (the “Zone”) pursuant to Chapter 5709 of the Ohio Revised Code; and agreement and that said agreement to be sold pursuant to this ordinance shall contain such terms and provi- is more fully described as follows: Whereas, in August, 1995, the Director of Development of the State sions as he deems necessary to pro- tect the City’s interest. P. P. No. 105-33-150 of Ohio determined that the Zone Situated in the City of Cleveland, contains the characteristics set forth Section 6. That this ordinance is County of Cuyahoga and State of in Section 5709.61(A) of the Revised hereby declared to be an emergency Ohio, and known as being Sublot No. Code and certified said area as an measure and, provided it receives 57 in W.J. Crawford’s Subdivision of “Urban Jobs and Enterprise Zone” the affirmative vote of two-thirds of part of Original One Hundred Acre pursuant to Chapter 5709 of the all the members elected to Council, Lot No. 345, as shown by the record- Revised Code; and it shall take effect and be in force 1081 16 The City Record May 22, 2002 immediately upon its passage and from and after the earliest period immediately upon its passage and approval by the Mayor; otherwise it allowed by law. approval by the Mayor; otherwise it shall take effect and be in force Referred to Directors of Econom- shall take effect and be in force from and after the earliest period ic Development, Finance, Law; Com- from and after the earliest period allowed by law. mittees on Community and Econom- allowed by law. Referred to Directors of Econom- ic Development, Finance. Referred to Directors of Econom- ic Development, Finance, Law; Com- ic Development, Finance, Law; Com- mittees on Community and Econom- Ord. No. 1003-02. mittees on Community and Econom- ic Development, Finance. By Councilmen Cintron, Gordon ic Development, Finance. and Jackson (by departmental Ord. No. 1002-02. request). Ord. No. 1004-02. By Councilmen Cintron, Gordon An emergency ordinance autho- By Councilman Lewis. and Jackson (by departmental rizing the Director of Economic An emergency ordinance to amend request). Development to enter into a contract Section 451.251 of the Codified Ordi- An emergency ordinance authoriz- with Ohio City Near West Develop- nances of Cleveland, Ohio, 1976, as ing the Director of Economic Devel- ment Corporation to provide eco- amended by Ordinance No. 520-86, opment to enter into a contract with nomic development assistance to passed January 26, 1987 relating to Lelolai Bakery & Café, Ltd. to pro- partially finance the renovation of abandonment of motor vehicles. vide economic development assis- the Fries & Schuele Building, and Whereas, this ordinance consti- tance to partially finance expansion all other associated costs necessary tutes an emergency measure provid- of their signature product into ing for the usual daily operation of wholesale distribution, and all other to redevelop the property, located at 1948 West 25th Street, Cleveland, a municipal department; now, there- associated costs necessary, located fore at 1889 West 25th Street, Cleveland, Ohio. Be it ordained by the Council of Ohio. Whereas, this ordinance consti- the City of Cleveland: Whereas, this ordinance consti- tutes an emergency measure provid- Section 1. That Section 451.251 of tutes an emergency measure provid- ing for the usual daily operation of the Codified Ordinances of Cleve- ing for the usual daily operation of a municipal department; now, there- a municipal department; now, there- fore land, Ohio, 1976, as amended by fore Be it ordained by the Council of Ordinance No. 520-86, passed Janu- Be it ordained by the Council of the City of Cleveland: ary 26, 1987 is hereby amended to the City of Cleveland: Section 1. That the Director of read as follows: Section 1. That the Director of Economic Development is hereby Economic Development is hereby authorized to enter into a contract Section 451.251 Prohibition authorized to enter into a contract with Ohio City Near West Develop- Against Abandonment of Junk with Lelolai Bakery & Café, Ltd. to ment Corporation to provide eco- Motor Vehicle provide economic development assis- nomic development assistance to (a) No person shall willfully leave tance to partially finance expansion partially finance the renovation of an abandoned junk motor vehicle as of their signature product into the first floor commercial space of defined in RC 4513.63 on private wholesale distribution, and all other the Fries & Schuele Building, and property for more than seventy-two associated costs necessary, located all other associated costs necessary hours without the permission of the at 1889 West 25th Street, Cleveland, to redevelop the property, located at person having the right to the pos- Ohio. 1948 West 25th Street, Cleveland, session of the property, or on a pub- Section 2. That the terms of said Ohio. lic street or other property open to loan shall be in accordance with the Section 2. That the terms of said the public for purposes of vehicular terms as set forth in the Summary loan shall be in accordance with the travel or parking, or upon or with- in the right-of-way of any road or contained in File No. 1002-02-A. terms as set forth in the Summary Section 3. That the costs of said highway, for forty-eight hours or contained in File No. 1003-02-A. contract shall not exceed One Hun- longer without notification to the Section 3. That the costs of said dred Fifty Thousand Dollars chief of police of the reasons for contract shall not exceed One Hun- ($150,000), and shall be paid from leaving the motor vehicle in such dred Thousand Dollars ($100,000), Fund No. 17 SF 008, which funds are place. and shall be paid from Fund No. 17 appropriated for this purpose, For purposes of this section, the SF 008, which funds are appropriat- Request No. 103561. fact that a motor vehicle has been ed for this purpose, Request No. Section 4. That the Director of so left without permission or notifi- 103565. Economic Development is hereby cation is prima-facie evidence of authorized to accept the collateral Section 4. That the Director of abandonment. as set forth in the Summary con- Economic Development is hereby (b) No private property owner tained in the file referenced above authorized to accept the collateral shall allow a vehicle abandoned on in order to secure repayment of said as set forth in the Summary con- his or her private property to be loan. Any security instrument shall tained in the file referenced above moved or placed into a public street be prepared and approved by the in order to secure repayment of said or right-of-way. Director of Law. loan. Any security instrument shall (c) Notwithstanding Sections Section 5. That the Director of be prepared and approved by the 403.99 and 459.02, whoever violates Economic Development is hereby Director of Law. this Section shall be fined not less authorized to accept monies in Section 5. That the Director of than three hundred dollars no por- repayment of the loan and to deposit Economic Development is hereby tion of such fine to be suspended, said monies in Fund No. 17 SF 006. authorized to accept monies in and shall also be assessed any costs Section 6. That the Director of repayment of the loan and to deposit incurred by the city in removing Economic Development is hereby said monies in Fund No. 17 SF 006. and disposing of such abandoned authorized to charge and accept fees Section 6. That the Director of junk motor vehicle, less any money in an amount not to exceed the max- Economic Development is hereby accruing to the city from such dis- imum allowable fees under federal authorized to charge and accept fees regulations and such fees are here- posal. in an amount not to exceed the max- Section 2. That existing Section by appropriated to cover costs imum allowable fees under federal incurred in the preparation of the 451.251 of the Codified Ordinances of regulations and such fees are here- Cleveland, Ohio, 1976, as amended loan application, closing and servic- by appropriated to cover costs ing of the loan. Such fees shall be by Ordinance No. 520-86, passed Jan- incurred in the preparation of the deposited to and expended from uary 26, 1987 is hereby repealed. loan application, closing and servic- Fund No. 17 SF 305, Loan Fees Fund. Section 3. That this ordinance is Section 7. That the Director of ing of the loan. Such fees shall be hereby declared to be an emergency Law is hereby authorized to prepare deposited to and expended from measure and, provided it receives said contract and such other docu- Fund No. 17 SF 305, Loan Fees Fund. the affirmative vote of two-thirds of ments as may be appropriate to com- Section 7. That the Director of all the members elected to Council, plete the transaction. Law is hereby authorized to prepare it shall take effect and be in force Section 8. That this ordinance is said contract and such other docu- immediately upon its passage and hereby declared to be an emergency ments as may be appropriate to com- approval by the Mayor; otherwise it measure and, provided it receives plete the transaction. shall take effect and be in force the affirmative vote of two-thirds of Section 8. That this ordinance is from and after the earliest period all the members elected to Council, hereby declared to be an emergency allowed by law. it shall take effect and be in force measure and, provided it receives Referred to Directors of Public immediately upon its passage and the affirmative vote of two-thirds of Service, Finance, Law; Committees approval by the Mayor; otherwise it all the members elected to Council, on Public Service, Legislation, shall take effect and be in force it shall take effect and be in force Finance. 1082 May 22, 2002 The City Record 17

FIRST READING Municipal Court, is hereby autho- Whereas, this ordinance consti- ORDINANCE REFERRED rized to enter into contract with tutes an emergency measure provid- Court Community Service for pro- ing for the usual daily operation of Ord. No. 1005-02. fessional services necessary to a municipal department; now, there- By Councilman Sweeney. arrange community service for per- fore An ordinance to change the zon- sons the Court refers to the Court Be it ordained by the Council of ing height district of properties Community Service Cleveland Work the City of Cleveland: west of Grayton Road and south of Crew Program, for a period of one Section 1. That Section 1 of Ordi- Interstate 480. (Map Change No. 2049 year, commencing January 1, 2002, nance No. 1747-2001, passed March Sheet No. 13) with one (1) option exercisable by 11, 2002, are hereby amended to read Be it ordained by the Council of the Director of Finance, to renew as follows: the City of Cleveland: for an additional one-year term, and Section 1.The public improve- Section 1. That the Height District cancelable upon thirty days written ments authorized in all of the sec- of lands bounded and described as notice by said Director, on the basis tions herein shall include improve- follows: of its proposal dated September 7, ments to the following City-owned Beginning in the centerline of 2001, in the sum of $106,160, payable parks and recreation facilities total Grayton Rd., S.W. (width varies) at from Fund No. 01-011501-632000, expenditures not to exceed the its intersection with the Southerly Request No. 101175, for the Cleve- amount authorized herein: Limited Access line of Interstate land Municipal Court. Route 480; thence Northwesterly and Section 2. That this ordinance is Halloran Park for Westerly along said Limited Access hereby declared to be an emergency flooring $43,700.00 Line to the Easterly line of lands measure and, provided it receives Cudell Recreation Center owned by the Board of Park Com- the affirmative vote of two-thirds of for wiring 12,000.00 missioners of the Cleveland Metro- all the members elected to Council, Cudell Recreation politan Park District; thence it shall take effect and be in force for locker Rooms 6,000.00 Southerly & Southeasterly along immediately upon its passage and Clark Recreation Center said Easterly line, to its intersection approval by the Mayor; otherwise it for interior Windows 10,000.00 with the former Northerly line of shall take effect and be in force Clark Recreation Center Riveredge Township; thence South from and after the earliest period for gutters 10,000.00 65° 15' 09" East along the Souther- allowed by law. Rockefeller Park ly line of Auditor’s Permanent Par- Motion to suspend rules. Charter Phase VI 268,000.00 cel No. 029 38 004, a distance of and statutory provisions and place Rockefeller Park 326.51 feet to an angle point there- on final passage. Greenhouse 175,000.00 in; thence North 83° 23' 35" East The rules were suspended. Yeas Parks in the 11 along said parcel line, 290.42 feet; 18. Nays 0. Read second time. Read Odd Wards 2,750,000.00 thence South 01° 12' 57" West, 160.84 third time in full. Passed. Yeas 18. Kovacic, Glenville, feet; thence South 89° 58' 57" East, Nays 0. Sterling, Central, 104.01 feet; thence South 67° 33' 15" Cory, Lonnie Burten, East, 169.80 feet; thence North 89° Ord. No. 978-02. Clark and Zone 07' 30" East, 651.66 feet to the cen- By Councilmen Coats and Jackson Recreation Centers terline of Grayton Rd., S.W.; thence (by departmental request). for pool Steps 12,000.00 North 23° 05' 40" East, 9.83 feet to An emergency ordinance to amend Thurgood Marshall the place of beginning; Section 2 of Ordinance No. 1232-01, Recreation Center and as outlined in red on the map passed August 15, 2001, relating to and Sterling Recreation hereto attached, be and the same is professional services to provide Center for new hereby changed to a “2” Height Dis- engineering, environmental, safety, Lockers 50,000.00 trict. forensic, and other services needed Lonnie Burten Section 2. That said changed des- for the various divisions of the Recreation Center ignation of lands described in Sec- Department of Public Utilities. for Lobby furniture 15,000.00 tion 1 shall be identified as Map Whereas, this ordinance consti- Hough Multipurpose Change No. 2049, Sheet No. 13, and tutes an emergency measure provid- Center for replacement shall be made upon the Building ing for the usual daily operation of of 2 HVAC Units 78,000.00 Zone Maps of the City of Cleveland a municipal department; now, there- Gunning Park Recreation on file in the office of the Clerk of fore, Center Phase II Council and on file in the office of Be it ordained by the Council of Improvements 118,000.00 the City Planning Commission by the City of Cleveland: the appropriate person designated Section 1. That Section 2 of Ordi- Section 2. That Section 1 of Ordi- for such purpose by the City Plan- nance No. 1232-01, passed August 15, nance No. 1747-2001, passed March ning Commission. 2001, is hereby amended to read as 11, 2002, is hereby repealed. Section 3. That this ordinance follows: Section 3. That this ordinance is shall take effect and be in force Section 2. That the cost of said hereby declared to be an emergency from and after the earliest period contract hereby authorized shall be measure and, provided it receives allowed by law. paid from Fund Nos. 52 SF 001, 54 the affirmative vote of two-thirds of Referred to Directors of City SF 001 and 58 SF 001, Request No. all the members elected to Council, Planning, Law; Committee on City 33886. it shall take effect and be in force Planning. Section 2. That existing Section 2 immediately upon its passage and of Ordinance No. 1232-01, passed approval by the Mayor; otherwise it FIRST READING EMERGENCY August 15, 2001, is hereby repealed. shall take effect and be in force ORDINANCES READ IN FULL Section 3. That this ordinance is from and after the earliest period AND PASSED hereby declared to be an emergency allowed by law. measure and, provided it receives Motion to suspend rules. Charter Ord. No. 977-02. the affirmative vote of two-thirds of and statutory provisions and place By Councilmen White and Jack- all the members elected to Council, on final passage. son (by departmental request). it shall take effect and be in force The rules were suspended. Yeas An emergency ordinance authoriz- immediately upon its passage and 18. Nays 0. Read second time. Read third time in full. Passed. Yeas 18. ing the Director of Finance, on approval by the Mayor; otherwise it behalf of the Cleveland Municipal Nays 0. shall take effect and be in force Court, to enter into contract with from and after the earliest period Court Community Service for pro- Ord. No. 1007-02. allowed by law. fessional services necessary to place By Councilman Britt. persons the Court refers to the Court Motion to suspend rules. Charter An emergency ordinance consent- Community Service Cleveland Work and statutory provisions and place ing and approving the issuance of a Crew Program for the Cleveland on final passage. permit for the Hermes Easter Seal Municipal Court, for a period of one The rules were suspended. Yeas Run on June 29, 2002, sponsored by year, with a one year option to 18. Nays 0. Read second time. Read Hermes Sports and Events. renew. third time in full. Passed. Yeas 18. Whereas, this ordinance consti- Whereas, this ordinance consti- Nays 0. tutes an emergency measure provid- tutes an emergency measure provid- ing for the usual daily operation of ing for the usual daily operation of Ord. No. 1006-02. a municipal department; now, there- a municipal department; now, there- By Councilman Brady. fore fore An emergency ordinance to amend Be it ordained by the Council of Be it ordained by the Council of Section 1 of Ordinance No. 1747-2001, the City of Cleveland: the City of Cleveland: passed March 11, 2002 relating to the Section 1. That pursuant to Sec- Section 1. That the Director of public improvement of installing tion 411.06 of the Codified Ordi- Finance, on behalf of the Cleveland flooring at Halloran Park. nances of Cleveland, Ohio 1976, this 1083 18 The City Record May 22, 2002

Council consents to and approves it shall take effect and be in force Section 1. That the Director of the holding of the Hermes Easter immediately upon its passage and Community Development is autho- Seal Run, sponsored by Hermes approval by the Mayor; otherwise it rized to enter into an agreement Sports and Events, on June 29, 2002, shall take effect and be in force with the Historic Gateway Neigh- beginning at East Boulevard and from and after the earliest period borhood Corporation over a two-year Bellflower, East Boulevard to allowed by law. period for the Downtown Neighbor- Euclid, Euclid to Chester, Chester to Motion to suspend rules. Charter hood Arts and Cultural Festival, for Martin Luther King Drive, Martin and statutory provisions and place the public purpose of providing cul- Luther King Drive to Superior on final passage. tural art and music education to Ramp, Superior Ramp to Superior, The rules were suspended. Yeas Cleveland residents through the use Superior to East Boulevard, East 18. Nays 0. Read second time. Read of Ward 13 Neighborhood Equity Boulevard to East 108th, East 108th third time in full. Passed. Yeas 18. Funds. to finish, provided that the applicant Nays 0. Section 2. That the cost of said sponsor shall meet all the require- contract shall be in an amount not ments of Section 411.05 of the Codi- to exceed $26,500 and shall be paid Ord. No. 1009-02. fied Ordinances of Cleveland, Ohio, from Fund No. 10 SF 166. By Councilman Britt. 1976. Streets may be closed as deter- Section 3. That the Director of An emergency ordinance consent- mined by the Chief of Police and Law shall prepare and approve said safety forces as may be necessary ing and approving the issuance of a contract and that the contract shall in order to protect the participants permit for the V. A. Medical Center contain such terms and provisions in the event. Said permit shall fur- Wheelchair Games Event on July 13, as he deems necessary to protect the ther provide that the City of Cleve- 2002, sponsored by V.A. Medical City’s interest. land shall be fully indemnified from Center. Section 4. That this ordinance is any and all liability resulting from Whereas, this ordinance consti- hereby declared to be an emergency the issuance of the same, to the tutes an emergency measure provid- measure and, provided it receives extent and in form satisfactory to ing for the usual daily operation of the affirmative vote of two-thirds of the Director of Law. a municipal department; now, there- all the members elected to Council, Section 2. That this ordinance is fore it shall take effect and be in force hereby declared to be an emergency Be it ordained by the Council of immediately upon its passage and measure and, provided it receives the City of Cleveland: approval by the Mayor; otherwise it the affirmative vote of two-thirds of Section 1. That pursuant to Sec- shall take effect and be in force all the members elected to Council, tion 411.06 of the Codified Ordi- from and after the earliest period it shall take effect and be in force nances of Cleveland, Ohio 1976, this allowed by law. immediately upon its passage and Council consents to and approves Motion to suspend rules. Charter approval by the Mayor; otherwise it the holding of the V. A. Medical Cen- and statutory provisions and place shall take effect and be in force ter Wheelchair Games Event, spon- on final passage. from and after the earliest period sored by V. A. Medical Center, on The rules were suspended. Yeas allowed by law. July 13, 2002, beginning at Martin 18. Nays 0. Read second time. Read Motion to suspend rules. Charter Luther King Drive and East 105th, third time in full. Passed. Yeas 18. and statutory provisions and place Martin Luther King Drive to East Nays 0. on final passage. 88th, turn around, return, Martin The rules were suspended. Yeas Luther King Drive to East 105th, Ord. No. 1011-02. 18. Nays 0. Read second time. Read provided that the applicant sponsor By Councilman Cimperman. third time in full. Passed. Yeas 18. shall meet all the requirements of An emergency ordinance consent- Nays 0. Section 411.05 of the Codified Ordi- ing and approving the issuance of a nances of Cleveland, Ohio, 1976. permit for the Hermes American Ord. No. 1008-02. Streets may be closed as determined Memorial (5K Run/Walk) on May By Councilman Cimperman. by the Chief of Police and safety 25, 2002, sponsored by Hermes Sports An emergency ordinance consent- forces as may be necessary in order and Events. ing and approving the issuance of a to protect the participants in the Whereas, this ordinance consti- permit for the Hermes Race For The event. Said permit shall further pro- tutes an emergency measure provid- Cure Event on September 28, 2002, vide that the City of Cleveland shall ing for the usual daily operation of sponsored by Hermes Sports and be fully indemnified from any and a municipal department; now, there- Events. all liability resulting from the fore Whereas, this ordinance consti- issuance of the same, to the extent Be it ordained by the Council of tutes an emergency measure provid- and in form satisfactory to the the City of Cleveland: ing for the usual daily operation of Director of Law. Section 1. That pursuant to Sec- a municipal department; now, there- Section 2. That this ordinance is tion 411.06 of the Codified Ordi- fore hereby declared to be an emergency nances of Cleveland, Ohio 1976, this Be it ordained by the Council of measure and, provided it receives Council consents to and approves the City of Cleveland: the affirmative vote of two-thirds of the holding of the Hermes American Section 1. That pursuant to Sec- all the members elected to Council, Memorial (5K Run/Walk), spon- tion 411.06 of the Codified Ordi- it shall take effect and be in force sored by Hermes Sports and Events, nances of Cleveland, Ohio 1976, this immediately upon its passage and on May 25, 2002, beginning at Lake- Council consents to and approves side and East 13th, Lakeside to East approval by the Mayor; otherwise it the holding of the Hermes Race For 9th, East 9th to N. Marginal, N. Mar- shall take effect and be in force The Cure, sponsored by Hermes ginal to East 26th, turn around, N. from and after the earliest period Sports and Events, on September 28, Marginal to East 9th, East 9th to allowed by law. 2002, beginning at Erieside and East Lakeside, Lakeside to East 13th, 9th, Erieside to West 3rd, West 3rd Motion to suspend rules. Charter provided that the applicant sponsor to St. Clair, St. Clair to West 9th, and statutory provisions and place shall meet all the requirements of West 9th to Huron, Huron to on final passage. Section 411.05 of the Codified Ordi- Prospect, Prospect to East 13th, The rules were suspended. Yeas nances of Cleveland, Ohio, 1976. East 13th to Lakeside, Lakeside to 18. Nays 0. Read second time. Read Streets may be closed as determined East 9th, East 9th, to Voinovich third time in full. Passed. Yeas 18. by the Chief of Police and safety Park, provided that the applicant Nays 0. forces as may be necessary in order sponsor shall meet all the require- to protect the participants in the ments of Section 411.05 of the Codi- Ord. No. 1010-02. event. Said permit shall further pro- fied Ordinances of Cleveland, Ohio, By Councilman Cimperman. vide that the City of Cleveland shall 1976. Streets may be closed as deter- An emergency ordinance authoriz- be fully indemnified from any and mined by the Chief of Police and ing the Director of Community all liability resulting from the safety forces as may be necessary Development to enter into an agree- issuance of the same, to the extent in order to protect the participants ment with the Historic Gateway and in form satisfactory to the in the event. Said permit shall fur- Neighborhood Corporation for the Director of Law. ther provide that the City of Cleve- Downtown Neighborhood Arts and Section 2. That this ordinance is land shall be fully indemnified from Cultural Festival through the use of hereby declared to be an emergency any and all liability resulting from Ward 13 Neighborhood Equity measure and, provided it receives the issuance of the same, to the Funds. the affirmative vote of two-thirds of extent and in form satisfactory to Whereas, this ordinance consti- all the members elected to Council, the Director of Law. tutes an emergency measure provid- it shall take effect and be in force Section 2. That this ordinance is ing for the usual daily operation of immediately upon its passage and hereby declared to be an emergency a municipal department; now, there- approval by the Mayor; otherwise it measure and, provided it receives fore shall take effect and be in force the affirmative vote of two-thirds of Be it ordained by the Council of from and after the earliest period all the members elected to Council, the City of Cleveland: allowed by law. 1084 May 22, 2002 The City Record 19

Motion to suspend rules. Charter the public purpose of providing approval by the Mayor; otherwise it and statutory provisions and place recreational facilities to the resi- shall take effect and be in force on final passage. dents of Cleveland through the use from and after the earliest period The rules were suspended. Yeas of Ward 5 Neighborhood Equity allowed by law. 18. Nays 0. Read second time. Read Funds and the sale of 2002 G.O. Motion to suspend rules. Charter third time in full. Passed. Yeas 18. bonds. and statutory provisions and place Nays 0. Section 2. That the cost of said on final passage. contract shall be in an amount not The rules were suspended. Yeas Ord. No. 1012-02. to exceed $19,000 and shall be paid 18. Nays 0. Read second time. Read By Councilman Cimperman. from Fund No. 10 SF 166. third time in full. Passed. Yeas 18. An emergency ordinance consent- Section 3. That the Director of Nays 0. ing and approving the issuance of a Law shall prepare and approve said permit for the Hermes Corporate contract and that the contract shall Ord. No. 1015-02. Challenge (Cycling) Event on July contain such terms and provisions By Councilman Jackson. 29, 2002, sponsored by Hermes Sports as he deems necessary to protect the An emergency ordinance to amend and Events. City’s interest. the title, the third whereas clause, Whereas, this ordinance consti- Section 4. That this ordinance is Section 1 and Section 11 of Ordi- tutes an emergency measure provid- hereby declared to be an emergency nance No. 1913-01, passed April 29, ing for the usual daily operation of measure and, provided it receives 2002, relating to the expenditure of a municipal department; now, there- the affirmative vote of two-thirds of Economic Development Initiative fore all the members elected to Council, Grant funds for various expendi- Be it ordained by the Council of it shall take effect and be in force tures relating to the Homeownership the City of Cleveland: immediately upon its passage and Zone Project and to enter into con- Section 1. That pursuant to Sec- approval by the Mayor; otherwise it tracts with Burten, Bell Carr Devel- tion 411.06 of the Codified Ordi- shall take effect and be in force opment, Inc. nances of Cleveland, Ohio 1976, this from and after the earliest period Whereas, this ordinance consti- Council consents to and approves allowed by law. tutes an emergency measure provid- the holding of the Hermes Corporate Motion to suspend rules. Charter ing for the usual daily operation of Challenge (Cycling), sponsored by and statutory provisions and place a municipal department; now, there- Hermes Sports and Events, on July on final passage. fore 29, 2002, beginning at N. Marginal The rules were suspended. Yeas Be it ordained by the Council of and Muny Parking Lot, N. Marginal 18. Nays 0. Read second time. Read the City of Cleveland: to East 55th, turn around and third time in full. Passed. Yeas 18. Section 1. That the title, the third return, same route, provided that the Nays 0. whereas clause, Section 1 and Sec- applicant sponsor shall meet all the tion 11 of Ordinance No. 1913-01, requirements of Section 411.05 of the Ord. No. 1014-02. passed April 29, 2002, are hereby Codified Ordinances of Cleveland, By Councilman Jackson. amended to read, respectively, as Ohio, 1976. Streets may be closed as An emergency ordinance authoriz- follows: determined by the Chief of Police ing Director of Finance, on behalf An emergency ordinance authoriz- and safety forces as may be neces- of the Cleveland Municipal Court, to ing the Director of Community sary in order to protect the partici- enter into contract without competi- Development to expend Economic pants in the event. Said permit shall tive bidding with Oracle Corporation Development Initiative Grant funds further provide that the City of for the acquisition of multi-server for acquisition, architectural and Cleveland shall be fully indemnified licenses, upgrades and technical engineering costs, second mortgage from any and all liability resulting support for the Cleveland Integrat- assistance, infrastructure for the from the issuance of the same, to ed Justice Information System, for a Homeownership Zone Project and the extent and in form satisfactory period of one year, with a one-year any eligible uses set forth in 24 CFR to the Director of Law. option to renew, with respect to the 570.703 and approval by HUD; and to Section 2. That this ordinance is technical support services. enter into all contracts and related hereby declared to be an emergency Whereas, this ordinance consti- documents with Burten, Bell Carr measure and, provided it receives tutes an emergency measure provid- Development, Inc., or its designee, the affirmative vote of two-thirds of ing for the usual daily operation of for the acquisition, architectural and all the members elected to Council, a municipal department; now, there- engineering, second mortgage assis- it shall take effect and be in force fore tance and any eligible uses set forth immediately upon its passage and Be it ordained by the Council of in 24 CFR 570.703 and approved by approval by the Mayor; otherwise it the City of Cleveland: HUD for the Homeownership Zone; shall take effect and be in force Section 1. That it is hereby deter- and determining the methods of, and from and after the earliest period mined that the within commodities authorizing the Directors of Com- allowed by law. and services are non-competitive munity Development, Public Service, Motion to suspend rules. Charter and cannot be secured from any Public Utilities and other City offi- and statutory provisions and place source other than Oracle Corpora- cials, as appropriate, to enter into on final passage. tion. Therefore, the Director of contracts for the construction of The rules were suspended. Yeas Finance, on behalf of the Cleveland public improvements, amenities and 18. Nays 0. Read second time. Read Municipal Court, is hereby autho- related matters; and authorizing and third time in full. Passed. Yeas 18. rized to make a written contract approving related matters. Nays 0. with Oracle Corporation for the Whereas, Burten, Bell Carr Devel- acquisition of multi-server licenses, opment, Inc, or its designee, (here- Ord. No. 1013-02. upgrades and technical support for inafter referred to as “Developer”) By Councilman Jackson the Cleveland Integrated Justice asked the City to provide funds to An emergency ordinance authoriz- Information. The contract shall be acquire real property pursuant to 24 ing the Director of Parks, Recre- for a one year term commencing CFR 570.703(a), for housing rehabil- ation and Properties to enter into a February 23, 2002, with one (1) itation pursuant to 24 CFR grant agreement with McKnight option exercisable by the Director of 570.703(h), for second mortgage and Associates for surveying, design Finance, to renew for an additional assistance to homebuyers pursuant and planning of park improvements one-year term with respect to the to 24 CFR 570.703(i)(2), for other eli- for Barkwill Park in order to carry technical support services, and can- gible uses set forth in 24 CFR out the public purpose of providing cellable upon thirty days written 570.703 which are approved by HUD recreational facilities to the resi- notice by said Director, to be pur- and for the City to conduct infra- dents of Cleveland through the use chased by the Commissioner of Pur- structure activities pursuant to 24 of Ward 5 Neighborhood Equity chases and Supplies upon a unit CFR 570.703(l) each related to the Funds. basis for the Department of Finance, development and sale of 420 new, Whereas, this ordinance consti- on behalf of the Cleveland Munici- single, double and townhouse homes tutes an emergency measure provid- pal Court. and the rehabilitation of 45 units of ing for the usual daily operation of Section 2. That the costs for such single family housing in the Home- a municipal department; now, there- commodities and services herein ownership Zone; and fore contemplated shall be paid from Section 1. That the Director of Be it ordained by the Council of Fund No. 01-011503-641400, Request Community Development is hereby the City of Cleveland: No. 101189. authorized to enter into and execute Section 1. That the Director of Section 3. That this ordinance is all contracts and all necessary doc- Parks, Recreation and Properties is hereby declared to be an emergency uments for and on behalf of the City authorized to enter into a grant measure and, provided it receives of Cleveland with Burten, Bell Carr agreement with McKnight and Asso- the affirmative vote of two-thirds of Development, Inc., or its designee, ciates for surveying, design and all the members elected to Council, (hereinafter “Developer”) to provide planning of park improvements for it shall take effect and be in force funds for one or more of the eligi- Barkwill Park in order to carry out immediately upon its passage and ble activities set forth in 24 CFR 1085 20 The City Record May 22, 2002

570.703 including architectural and Whereas, this ordinance consti- Whereas, according to credible engineering costs, acquisition of tutes an emergency measure provid- independent research, the Port of real property, housing rehabilitation ing for the usual daily operation of Cleveland, which includes the Cleve- and second mortgage assistance to a municipal department; now, there- land-Cuyahoga County Port Author- homebuyers in the Homeownership fore ity, is crucial to 10,000 maritime and Zone after receiving approval from Be it ordained by the Council of related jobs in the area, $350 million HUD of the activity. the City of Cleveland: Section 11. That the cost of all Section 1. That, pursuant to Sec- in annual family income, $200 mil- contracts authorized by this ordi- tion 167 of the Charter of the City lion in tax income for schools and nance shall be paid from Fund Nos. of Cleveland, it is hereby deter- communities, and 17,000 jobs in 13 SF 886 and 54 SF 001. mined to make public right-of-way trade zones; and Section 2. That the existing title, improvements at the Clark Com- Whereas, Ohio Revised Code Sec- the third whereas clause, Section 1 mons located at West 88th Street tion 4582.07, enacted in 1955, and Section 11 of Ordinance No. 1913- and Clark Avenue in Ward 18 of the required the board of directors of a 01, passed April 29, 2002, are hereby City of Cleveland for the Depart- port authority to prepare or cause to repealed. ment of Parks, Properties, and be prepared a plan for the future Section 3. That this ordinance is Recreation, by contract duly let to hereby declared to be an emergency the lowest responsible bidder after development, construction and measure and, provided it receives competitive bidding for the improve- improvement of the port and its the affirmative vote of two-thirds of ment. facilities setting forth the location all the members elected to Council, Section 2. That the Director of and character of the work to be it shall take effect and be in force Parks, Properties, and Recreation is undertaken by the port authority, immediately upon its passage and authorized to enter into a contract and the board was required to pub- approval by the Mayor; otherwise it for the making of the above lish information about the proposed shall take effect and be in force improvement with the lowest plan in local newspapers and then from and after the earliest period responsible bidder after competitive hold a public hearing on the plan in allowed by law. bidding upon a unit basis for the which comments from the public Motion to suspend rules. Charter improvement, provided, however, and statutory provisions and place that each separate trade and each were solicited; and on final passage. distinct component part of said Whereas, in April, 2001, the state The rules were suspended. Yeas improvement may be treated as a legislature repealed ORC Section 18. Nays 0. Read second time. Read separate improvement, and each, or 4582.07, eliminating the requirement third time in full. Passed. Yeas 18. any combination, of such trades or for port authorities to publish devel- Nays 0. components may be the subject of a opment and construction plans and separate contract (UPON A UNIT eliminating the requirement that Ord. No. 1016-02. BASIS). public hearings be held to permit By Councilman Rybka. Section 3. That the Director of comments on those plans; and An emergency ordinance authoriz- Parks, Properties, and Recreation is ing the Director of Parks, Recre- also authorized to enter into a pro- Whereas, while this Council of the ation and Properties to enter into fessional services contract with City of Cleveland is supportive of contract with William A. Spetrino, McKnight and Associates for the the mission and objectives of Cleve- Inc. for professional services for the purpose of providing professional land-Cuyahoga County Port Author- design and construction inspection services to develop a landscape ity, this Council strongly advocates of the Morganic Garden expansion improvement plan for the Clark that development, planning and pro- project in Ward 12. Commons. posed improvements for the Port Whereas, this ordinance consti- Section 4. That the cost of said must be done openly and with input tutes an emergency measure provid- contract shall be in an amount not from the public; and ing for the usual daily operation of to exceed $27,562 and shall be paid a municipal department; now, there- from Fund No. 10 SF 166. Whereas, this resolution consti- fore Section 5. That this ordinance is tutes an emergency measure provid- Be it ordained by the Council of hereby declared to be an emergency ing for the immediate preservation the City of Cleveland: measure and, provided it receives of the public safety, welfare and Section 1. That the Director of the affirmative vote of two-thirds of health; now therefore, Parks, Recreation and Properties is all the members elected to Council, Be it resolved by the Council of authorized to enter into a profes- it shall take effect and be in force the City of Cleveland: sional services contract with immediately upon its passage and Section 1. That the Council of the William A. Spetrino, Inc. for the approval by the Mayor; otherwise it City of Cleveland is supportive of design and construction inspection shall take effect and be in force the mission and objectives of Cleve- of the Morganic Garden expansion from and after the earliest period project at East 65th Street and allowed by law. land-Cuyahoga County Port Author- Kenyon in Ward 12. Motion to suspend rules. Charter ity and strongly advocates that any Section 2. That the cost of such and statutory provisions and place plans for the development and services herein authorized shall not on final passage. improvement of the Port must be exceed Seven Thousand Five Hun- The rules were suspended. Yeas done openly and with input from the dred Fifty Dollars ($7550.00) and 18. Nays 0. Read second time. Read public, and therefore urges the state shall be paid from Fund 20 SF 370. third time in full. Passed. Yeas 18. legislature to reenact Ohio Revised Section 3. That this ordinance is Nays 0. Code Section 4582.07 that was hereby declared to be an emergency repealed in April, 2001. measure and, provided it receives FIRST READING EMERGENCY the affirmative vote of two-thirds of RESOLUTIONS READ IN FULL Section 2. That this Council all the members elected to Council, AND ADOPTED intends to hold hearings over the it shall take effect and be in force summer months to discuss and immediately upon its passage and Res. No. 1018-02. review the development and opera- approval by the Mayor; otherwise it By Councilmen Cimperman, Zone, tions of the Port Authority and its shall take effect and be in force O’Malley and Jones. impact on the City of Cleveland. from and after the earliest period An emergency resolution urging Section 3. That this resolution is allowed by law. the state legislature to reenact Ohio hereby declared to be an emergency Motion to suspend rules. Charter Revised Code Section 4582 .07 requir- measure and, provided it receives and statutory provisions and place ing port authorities to publish devel- the affirmative vote of two-thirds of on final passage. opment plans and to hold public The rules were suspended. Yeas hearings on those plans and stating all the members elected to Council, 18. Nays 0. Read second time. Read Council’s intention to hold hearings it shall take effect and be in force third time in full. Passed. Yeas 18. on the development and operation of immediately upon its adoption and Nays 0. the port. approval by the Mayor; otherwise it Whereas, the Cleveland-Cuyahoga shall take effect and be in force Ord. No. 1017-02. County Port Authority was estab- from and after the earliest period By Councilman Westbrook. lished to create and retain jobs in allowed by law. An emergency ordinance deter- Northeast Ohio and has turned the Motion to suspend rules. Charter mining the method of making the industrial lakefront into a job pro- and statutory provisions and place public landscaping improvements to ducing asset and has done so the Clark Commons, and authorizing admirably since 1968; and on final passage. the Director of Parks, Properties, Whereas, the voters passed a The rules were suspended. Yeas and Recreation to enter into con- renewal levy for the Cleveland- 18. Nays 0. Read second time. Read tract for the making of such Cuyahoga County Port Authority on third time in full. Adopted. Yeas 18. improvement. the May 7, 2002; and Nays 0. 1086 May 22, 2002 The City Record 21

Res. No. 1019-02. City of Cleveland expresses its oppo- The rules were suspended. Yeas By Councilman Jackson. sition to loans made by the State of 18. Nays 0. Read second time. Read An emergency resolution fixing Ohio and the Cuyahoga County Com- third time in full. Adopted. Yeas 18. the summer schedule of meetings of missioners and the lease made by Nays 0. the Council of the City of Cleveland. the Cleveland Cuyahoga County Whereas, this resolution consti- Port Authority to assist TRW in SECOND READING tutes an emergency measure provid- relocating and equipping 30 employ- EMERGENCY ORDINANCES ing for the usual daily operation of ees to work Warrensville Heights as a municipal department; now, there- opposed to Cleveland. Ord. No. 1869-01. fore, Section 2. That this resolution is By Councilman Lewis. Be it resolved by the Council of hereby declared to be an emergency An emergency ordinance authoriz- the City of Cleveland: measure and, provided it receives ing the sale of real property as part Section 1. That the schedule of the affirmative vote of two-thirds of of the Land Reutilization Program meetings during the summer months all the members elected to Council, and located on Newton Avenue to for the Council of the City of Cleve- it shall take effect and be in force Jerry L. Maddox. land is hereby fixed as follows: immediately upon its adoption and Approved by Directors of Commu- approval by the Mayor; otherwise it nity Development, City Planning July 17, 2002 shall take effect and be in force Commission, Finance, Law; Passage August 14, 2002 from and after the earliest period recommended by Committees on allowed by law. Community Development, City Plan- A notice identifying the time of the Motion to suspend rules. Charter ning, Finance. meeting as well as a schedule of and statutory provisions and place committee meetings, if any, to be on final passage. Ord. No. 2168-01. held prior to the meeting shall be The rules were suspended. Yeas By Councilman Lewis. prepared by the Clerk of Council 18. Nays 0. Read second time. Read An emergency ordinance authoriz- prior to each of the above meeting third time in full. Adopted. Yeas 18. ing the sale of real property as part dates. The Council will resume reg- Nays 0. of the Land Reutilization Program ular session at 7:00 P.M. on Monday, and located at 1882 and 1876 East September 9, 2002. Res. No. 1021-02. 71st Street to Wilma Braxton McMil- Section 2. That this resolution is By Councilmen Westbrook, Zone, lan. hereby declared to be an emergency Jones, O’Malley, Cintron, and Dolan. Approved by Directors of Commu- measure and, provided it receives An emergency resolution urging nity Development, City Planning the affirmative vote of two-thirds of the Administration to reestablish Commission, Finance, Law; Passage all the members elected to Council, the Fourth of July fireworks display recommended by Committees on it shall take effect and be in force at Edgewater Park. Community and Economic Develop- immediately upon its adoption and Whereas, Clevelanders welcome ment, City Planning, Finance. approval by the Mayor; otherwise it the opportunity to celebrate the shall take effect and be in force Fourth of July holiday by barbecu- Ord. No. 135-02. from and after the earliest period ing, swimming and watching fire- By Councilman Lewis. allowed by law. works with family and friends; and An emergency ordinance authoriz- Motion to suspend rules. Charter Whereas, traditionally the fire- ing the sale of real property as part and statutory provisions and place works display for Cleveland had of the Land Reutilization Program on final passage. been held at Edgewater Park; and and located on East 55th and Lin- The rules were suspended. Yeas Whereas, for the past two years wood Avenue to The Eleanor B. 18. Nays 0. Read second time. Read the fireworks display was held at a Rainey Memorial Institute, Inc. third time in full. Adopted. Yeas 18. location other than Edgewater Park, Approved by Directors of Commu- Nays 0. and that decision proved to have a nity Development, City Planning Com- negative impact on the number of mission, Finance, Law; Passage rec- Res. No. 1020-02. Clevelanders that were able to enjoy ommended by Committees on Com- By Councilman Polensek. the display; and munity and Economic Development, An emergency resolution opposing Whereas, this Council of the City City Planning, Finance. loans made by the State of Ohio and of Cleveland urges the Administra- the Cuyahoga County Commission- tion to reestablish the Fourth of Ord. No. 284-02. ers and the lease made by the Cleve- July fireworks display at Edgewa- By Councilman Lewis. land Cuyahoga County Port Author- ter Park so that Cleveland residents An emergency ordinance authoriz- ity to assist TRW in relocating and can return to their decades old fam- ing the sale of real property as part equipping 30 employees to work in ily tradition of starting their day of the Land Reutilization Program Warrensville Heights as opposed to with grilling breakfast outdoors and and located at East 69th Street to Cleveland. ending it with marshmallow toast- Lynette Stover. Whereas, it was recently reported ing while watching fireworks over Approved by Directors of Commu- that the State of Ohio and the Cuya- Lake Erie; and nity Development, City Planning hoga County Commissioners have Whereas, this Council encourages Commission, Finance, Law; Passage issued low interest loans to TRW in Clevelanders to join with family and recommended by Committees on friends to enjoy a safe and profes- order to relocate 30 employees to Community and Economic Develop- Warrensville Heights and to pur- sional fireworks display at Edge- ment, City Planning, Finance. chase equipment for use by those water Park as opposed to igniting employees; and fireworks at home since such dis- Ord. No. 285-02. Whereas, in addition to those plays have potentially dangerous By Councilman Lewis. loans totaling $791,000, the Cleve- and injurious consequences; and land-Cuyahoga County Port Author- Whereas, this resolution consti- An emergency ordinance authoriz- ity will lease equipment to TRW for tutes an emergency measure for the ing the sale of real property as part use at the Warrensville Heights immediate preservation of public of the Land Reutilization Program site; and peace, property, health or safety, and located at East 71st Street to Whereas, TRW was once a vital now, therefore, Renaud Simmons. and integral part of the Collinwood Be it resolved by the Council of Approved by Directors of Commu- neighborhood until its management the City of Cleveland: nity Development, City Planning chose to relocate from the City of Section 1. That this Council of the Commission, Finance, Law; Passage Cleveland leaving many of its work- City of Cleveland urges the Admin- recommended by Committees on ers without employment; and istration to reestablish the Fourth of Community and Economic Develop- Whereas, the State of Ohio, the July fireworks display at Edgewa- ment, City Planning, Finance. Cleveland-Cuyahoga County Port ter Park. Authority and the Cuyahoga County Section 2. That this resolution is Ord. No. 279-02. Commissioners should refrain from hereby declared to be an emergency By Councilmen Westbrook, Cim- actions, such as making loans and measure and, provided it receives perman, Jackson and Scott (by leases, that encourage businesses the affirmative vote of two-thirds of departmental request). such as TRW from relocating from all the members elected to Council, An emergency ordinance to amend the City of Cleveland; and it shall take effect and be in force the title and Section 1 of Ordinance Whereas, this resolution consti- immediately upon its adoption and No. 1121-01, passed July 18, 2001; to tutes an emergency measure for the approval by the Mayor; otherwise it supplement said ordinance by immediate preservation of public shall take effect and be in force adding new Sections 2 and 3; and to peace, property, health or safety, from and after the earliest period renumber existing Sections 2, 3, 4 now, therefore, allowed by law. and 5 to new Sections 4, 5, 6 and 7, Be it resolved by the Council of Motion to suspend rules. Charter relating to mitigation construction the City of Cleveland: and statutory provisions and place on Doan Brook for the Department Section 1. That the Council of the on final passage. of Port Control. 1087 22 The City Record May 22, 2002

Approved by Directors of Port Ord. No. 538-02. Ord. No. 732-02. Control, City Planning Commission, By Councilmen Reed and Jackson By Councilman Jackson. Finance, Law; Passage recommend- (by departmental request). An emergency ordinance to vacate ed by Committees on Aviation and An emergency ordinance authoriz- a portion of Chadakoin Court S.E., Transportation, City Planning, ing the Director of Public Safety to East 57th Street, Tivoli Court S.E., Finance; when amended as follows: enter into contract with the Greater and East 59th Place hereinafter 1. In Section 1, at amended Section 1, Cleveland Roundtable for diversity described. lines 7 and 8, strike “Five Million dol- management training for field train- Approved by Directors of Public lars ($5,000,000) and insert in lieu there- ing officers and recruits, for the Service, City Planning Commission, of “Five Million Five Hundred Thou- Division of Police, Department of Law; Passage recommended by Com- sand Dollars ($5,500,000)”. Public Safety. mittees on Public Service, City Plan- 2. In Section 3, at amended Section 2, Approved by Directors of Public ning. at the end, add the following new sen- Safety, Finance, Law; Passage rec- tence: “That the design for the project ommended by Committees on Public Ord. No. 762-02. to be implemented shall be reviewed by Safety, Finance. By Councilmen Sweeney and Jack- the Design Review Committee and the son (by departmental request). City Planning Commission.”. Ord. No. 598-02. An emergency ordinance authoriz- Amendments agreed to. By Councilmen Rybka, Gordon ing the purchase by requirement and Jackson (by departmental contract of plow blades and curb Ord. No. 358-02. request). bumpers, for the Division of Streets, By Councilmen Johnson and Jack- An emergency ordinance authoriz- Department of Public Service. son (by departmental request). ing the Director of Community Approved by Directors of Public An emergency ordinance authoriz- Development to amend Contract No. Service, Finance, Law; Passage rec- ing the Director of Parks, Recre- 58916 with Slavic Village Develop- ommended by Committees on Public ation and Properties to enter into a ment to provide additional commu- Service, Finance. contract with the National Junior nity development services in the Tennis League of Cleveland to pro- agency’s service area. Ord. No. 763-02. vide a summer tennis program. By Councilmen Sweeney and Jack- Approved by Directors of Commu- Approved by Directors of Parks, son (by departmental request). nity Development, Finance, Law; Recreation and Properties, Finance, An emergency ordinance authoriz- Passage recommended by Commit- Law; Passage recommended by ing the purchase by requirement tees on Community and Economic Committees on Public Parks, Proper- contract of emulsion and purging Development, Finance; when amend- ty and Recreation, Finance; when solution, and labor and materials amended as follows: ed as follows: necessary to maintain emulsion 1. In Section 2, line 2, strike 1. In Section 1, line 4, strike “are equipment, for the Division of “$26,250” and insert in lieu thereof desired”. Streets, Department of Public Ser- “$35,000”. Amendment agreed to. vice. Amendment agreed to. Approved by Directors of Public Ord. No. 638-02. Service, Finance, Law; Passage rec- Ord. No. 405-02. By Councilmen Lewis, Gordon and ommended by Committees on Public By Councilmen Westbrook, Cim- Jackson (by departmental request). Service, Finance. perman and Jackson (by depart- An emergency ordinance authoriz- mental request). ing the Director of Economic Devel- Ord. No. 764-02. An emergency ordinance authoriz- opment to lease property at 3634 By Councilmen Sweeney and Jack- ing the Director of Port Control to Euclid Avenue from MidTown Asso- son (by departmental request). enter into a Lease By Way of Con- ciates, LLC for a term not to exceed An emergency ordinance authoriz- cession with World Wide Flight Ser- three years, for the public purpose ing the purchase by requirement vices for operation of a cargo facil- of enabling the City Empowerment contract of gutter broom sets and ity at Cleveland Hopkins Interna- Zone staff to better serve the resi- tube and gutter brooms, for the Divi- tional Airport. dents of the Zone by providing eas- sion of Streets, Department of Pub- Approved by Directors of Port ier access to staff and programming; lic Service. Control, City Planning Commission, authorizing the purchase by con- Approved by Directors of Public Finance, Law; Passage recommend- tract of furniture, articles, telecom- Service, Finance, Law; Passage rec- ed by Committees on Aviation and munications equipment, signage, ommended by Committees on Public Transportation, City Planning, moving expenses and other neces- Service, Finance. Finance; when amended as follows: sary equipment. 1. In Section 1, strike lines 8, 9, 10 Approved by Directors of Ord. No. 765-02. and 11 in their entirety and insert in Economic Development, Finance, By Councilmen Sweeney and Jack- lieu thereof “cargo facility, for a term Law; Passage recommended by Com- son (by departmental request). of five (5) years with one five-year mittees on Community and Econom- An emergency ordinance authoriz- option which may be requested by ic Development, Finance. ing the purchase by requirement World Wide Flight Services upon nine- contract of cold mix material, for ty (90) days written notice to the Direc- Ord. No. 679-02. the Division of Streets, Department tor of Port Control prior to the expira- By Councilmen Sweeney, Cimper- of Public Service. tion of the initial term. Any such man and Jackson (by departmental Approved by Directors of Public request shall be approved or rejected request). Service, Finance, Law; Passage rec- by the Director of Port Control. The An emergency ordinance authoriz- ommended by Committees on Public rent for the first year”; and in lines 15 ing the Director of Public Service to Service, Finance. and 16, strike “as determined by mutu- employ one or more professional al agreement of the parties”. consultants to provide services nec- Ord. No. 766-02. Amendment agreed to. essary to perform a boundary sur- By Councilmen Sweeney and Jack- vey for all land leased to the Ohio son (by departmental request). Ord. No. 473-02. Department of Natural Resources An emergency ordinance authoriz- By Councilmen Scott, Johnson, from the City of Cleveland for Cleve- ing the purchase by requirement Cimperman and Jackson (by depart- land Lakefront State Park sites. contract of SSI tack coat, for the mental request). Approved by Directors of Public Division of Streets, Department of An emergency ordinance authoriz- Service, City Planning Commission, Public Service. ing the Director of Parks, Recre- Approved by Directors of Public Finance, Law; Passage recommend- ation and Properties to make alter- Service, Finance, Law; Passage rec- ed by Committees on Public Service, ations and modifications in Contract ommended by Committees on Public No. 58113 for site improvements to City Planning, Finance. Service, Finance. the Miles Standish Elementary School with R.J. Platten Contracting Ord. No. 729-02. Ord. No. 767-02. Co. for the Department of Parks, By Councilmen Johnson and Jack- By Councilmen Sweeney and Jack- Recreation and Properties. son (by departmental request). son (by departmental request). Approved by Directors of Parks, An emergency ordinance authoriz- An emergency ordinance authoriz- Recreation and Properties, City Plan- ing the Director of Parks, Recre- ing the purchase by requirement ning Commission, Finance, Law; ation and Properties to accept a contract of guard rail elements, Passage recommended by Commit- cash donation from Dollar Bank for posts, end wings, and hardware, for tees on Public Parks, Property and recreational purposes. the Division of Streets, Department Recreation, City Planning, Finance; Approved by Directors of Parks, of Public Service. when amended as follows: Recreation and Properties, Finance, Approved by Directors of Public 1. In Section 1, the last line, after Law; Passage recommended by Com- Service, Finance, Law; Passage rec- “20 SF 361” insert “20 SF 370,”. mittees on Parks, Properties and ommended by Committees on Public Amendment agreed to. Recreation, Finance. Service, Finance. 1088 May 22, 2002 The City Record 23

Ord. No. 771-02. An emergency ordinance deter- 1. In Section 3, at the end, add the By Councilmen Johnson and Jack- mining the method of making the following: son (by departmental request). public improvement of rehabilitat- “9f. That the Director of Public An emergency ordinance authoriz- ing, renovating, reconstructing, or Service is hereby authorized to ing the purchase by requirement otherwise improving Cleveland City make Relocation Assistance Pro- contract of small equipment, for the Hall; authorizing the Director of gram payments to eligible claimants Division of Park Maintenance and Public Service to enter into contract in the amounts to which they are Properties, Department of Parks, for the making of such improve- entitled pursuant to the Rules and Recreation and Properties, for a ment; and authorizing said director period of one year with a one-year Regulations established by the to employ one or more professional Director of the Ohio Department of option to renew. consultants to design the improve- Approved by Directors of Parks, Transportation.”. ment. Recreation and Properties, Finance, Amendment agreed to. Approved by Directors of Public Law; Passage recommended by Com- mittees on Public Parks, Property Service, City Planning Commission, Ord. No. 907-02. and Recreation, Finance. Finance, Law; Passage recommend- By Councilmen Sweeney and Jack- ed by Committees on Public Service, son (by departmental request). City Planning, Finance. Ord. No. 774-02. An emergency ordinance authoriz- By Councilmen Johnson and Jack- ing the Director of Public Service to Ord. No. 836-02. son (by departmental request). enter into contract without competi- By Councilmen Cimperman, Cin- An emergency ordinance to amend tive bidding with The McLean Com- Section 1 of Ordinance No. 361-02, tron, Gordon, Sweeney and Jackson pany for the purchase of one cab passed April 1, 2002, relating to a (by departmental request). contract with Neighborhood Centers An emergency ordinance to amend and chassis unit with oil distributor Association to implement education- the title, Sections 1, 2, 5, 6, 7, and 10 body, for the Division of Motor Vehi- al, recreational and cultural pro- of Ordinance No. 406-02, passed April cle Maintenance, Department of Pub- grams in various school buildings 15, 2002, relating to the improvement lic Service. during evening hours. of West 25th Street between Brook- Approved by Directors of Public Approved by Directors of Parks, lyn-Brighton Bridge and Detroit Service, Finance, Law; Passage rec- Recreation and Properties, Finance, Avenue. ommended by Committees on Public Law; Passage recommended by Com- Approved by Directors of Public Service, Finance. mittees on Public Parks, Property Service, City Planning Commission, and Recreation, Finance. Finance, Law; Passage recommend- Ord. No. 914-02. ed by Committees on Public Service, By Councilmen Sweeney and Jack- Ord. No. 830-02. City Planning, Finance. son (by departmental request). By Councilman Jackson (by de- An emergency ordinance to amend partmental request). Ord. No. 898-02. the title, Section 7 of Ordinance No. An emergency ordinance authoriz- ing the purchase by contract of one By Councilman Jackson (by 294-98, passed April 6, 1998, relating office mailer-folder-inserter, includ- departmental request). to the repair and resurfacing of ing maintenance for a period not to An emergency ordinance authoriz- Ridge Road from Brookpark Road exceed one year, for the Division of ing the Director of Finance to enter to Denison Avenue to the County of Assessments and Licenses, Depart- into an agreement with American Cuyahoga; and to supplement said ment of Finance. Express to provide accounts payable ordinance by adding new Section 9a Approved by Directors of Finance, recovery service. thereto. Law; Passage recommended by Com- Approved by Directors of Finance, Approved by Directors of Public mittee on Finance. Law; Passage recommended by Com- Service, Finance, Law; Passage rec- mittees on Finance; when amended ommended by Committees on Public Ord. No. 833-02. as follows: Service, Finance. By Councilmen Sweeney, Cimper- 1. Insert a new “Section 4” to read man and Jackson (by departmental as follows: Ord. No. 920-02. request). “Section 4. That, upon conclusion By Councilmen Sweeney and Jack- An emergency ordinance deter- of the accounts payable recovery son (by departmental request). mining the method of making the services authorized herein, the An emergency ordinance authoriz- public improvement of rehabilitat- Director of Finance shall provide ing the Director of Public Service to ing, renovating, reconstructing, or the Chairman of the Finance Com- otherwise improving various De- mittee with a report summarizing employ surveyors or firms of sur- partment of Public Service facilities; the overpayments recovered pur- veyors, to provide professional sur- authorizing the Director of Public suant to the contract with American veying services on various capital Service to enter into contract for the Express.”. projects for a period not to exceed making of such improvement; and 2. Renumber existing “Section 4” one year. authorizing said director to employ to new “Section 5”. Approved by Directors of Public one or more professional consultants Amendments agreed to. Service, Finance, Law; Passage rec- to design the improvement. ommended by Committees on Public Approved by Directors of Public Ord. No. 905-02. Service, Finance. Service, City Planning Commission, By Councilman Sweeney. Finance, Law; Passage recommend- An emergency ordinance to vacate ed by Committees on Public Service, Ord. No. 921-02. City Planning, Finance. a portion of Industrial Parkway S.W. By Councilmen Sweeney and Jack- hereinafter described. son (by departmental request). Ord. No. 834-02. Approved by Directors of Public An emergency ordinance authoriz- By Councilmen Sweeney, Cimper- Service, City Planning Commission, ing the purchase by requirement man and Jackson (by departmental Law; Passage recommended by Com- contract of traffic signals, poles, request). mittees on Public Service, City controllers, sign blanks, reflective An emergency ordinance deter- Planning. sheeting and other related materi- mining the method of making the als, for the Division of Traffic Engi- public improvement of rehabilitat- Ord. No. 906-02. neering, Department of Public Ser- ing, renovating, reconstructing, or By Councilmen Sweeney, Cimper- vice. otherwise improving various De- man and Jackson (by departmental Approved by Directors of Public partment of Finance facilities; request). Service, Finance, Law; Passage rec- authorizing the Director of Public An emergency ordinance to amend ommended by Committees on Public Service to enter into contract for the the title, Sections 1, 7, 11, and 12 of Service, Finance. making of such improvement; and Ordinance No. 2368-92, passed Decem- authorizing said director to employ ber 14, 1992, as amended, relating to Ord. No. 922-02. one or more professional consultants the rehabilitation of Memphis By Councilmen Sweeney and Jack- to design the improvement. Avenue from Ridge Road to Pearl son (by departmental request). An emergency ordinance authoriz- Approved by Directors of Public Road; and to supplement said ordi- Service, City Planning Commission, ing the Director of Public Service to nance by adding new Sections 9a, Finance, Law; Passage recommend- cause payment of the City’s share to ed by Committees on Public Service, 9b, 9c, 9d and 9e thereof. Cleveland Metroparks for the Scenic City Planning, Finance. Approved by Directors of Public Byways trail and overlook construc- Service, City Planning Commission, tion project. Ord. No. 835-02. Finance, Law; Passage recommend- Approved by Directors of Public By Councilmen Sweeney, Cimper- ed by Committees on Public Service, Service, Finance, Law; Passage rec- man and Jackson (by departmental City Planning, Finance; when ommended by Committees on Public request). amended as follows: Service, Finance. 1089 24 The City Record May 22, 2002

SECOND READING activities set forth in A and B activities,” or films, motion pictures, EMERGENCY RESOLUTION above. video cassettes, slides, or other pho- (2) “Specified anatomical areas” tographic reproductions which are Res. No. 546-02. means: distinguished or characterized by By Councilman Dolan (by re- A. Less than completely and the depiction or description of “spec- quest). opaquely covered: (1) human geni- ified anatomical areas” or “specified An emergency resolution declar- tals, (2) pubic region, (3) buttocks, sexual activities.” This definition ing the intention to vacate portions or (4) female breast below a point of adult cabaret does not include the of Fernshaw Avenue and Riveredge immediately above the top of the definitions of adult live entertain- Road. areola; or ment arcade or adult theater, which Approved by Directors of Public B. Human male genitals in a dis- are separate uses. Service, City Planning Commission, cernibly turgid state, even if com- (7) “Adult Theater” means a the- Finance, Law; Passage recommend- pletely and opaquely covered. ater, concert hall, auditorium, or ed by Committees on Public Service, (3) “Adult Bookstore” or “Adult similar commercial establishment City Planning, Finance. Video Store” means an establish- which regularly features persons ment, which, as one of its principal who expose “specified anatomical SECOND READING EMERGENCY purposes, offers for sale or rental areas” or live performances which ORDINANCES PASSED for any form of consideration any are distinguished or characterized one or more of the following: by the exposure of “specified Ord. No. 737-01. A. Books, magazines, newspapers, anatomical areas” or by the depic- By Councilmen Gordon, Lewis and periodicals, or other printed matter, tion or description of “specified sex- Patmon (by departmental request). or photographs, films, motion pic- ual activities.” This definition of An emergency ordinance to amend tures, video cassettes, video repro- adult theater does not include the Section 343.11 and 347.12 of the Cod- ductions, slides, laser discs, compact definition of adult live entertain- ified Ordinances of Cleveland, Ohio, discs or other visual representa- ment arcade, which is a separate 1976, as amended by various ordi- tions, which are distinguished or use. nances; and to repeal Section 225.07, characterized by the depiction or (8) “Adult Live Entertainment as amended by Ordinance No. 653-92, description of “specified sexual Arcade” means any place to which relating to tattooing and body pierc- activities” or “specified anatomical the public is permitted or invited ing. areas;” or wherein one or more enclosed or Approved by Directors of Public B. Instruments, devices, or other screened areas or booths are main- Health, Finance, Law; Passage rec- paraphernalia, except prophylactic tained for viewing by five or fewer ommended by Committees on Public products, designed or marketed for persons at any one time live enter- Health, Legislation, Finance; when use in connection with “specified tainment such as a dance routine, amended as follows: sexual activities.” strip performance or other similar 1. In the title, line 2, strike “Sec- An establishment may have other entertainment, which live entertain- tion” insert “Sections 347.07,”. principal business purposes that do ment is distinguished or character- 2. In Section 1, after line 4 and in not involve the offering for sale or ized by the exposure of “specified Section 2, after line 6, insert: “Sec- rental material depicting or describ- anatomical areas” or by the depic- tion 347.07, as amended by Ordi- ing “specified sexual activities” or tion or description of “specified sex- nance No. 876-97, passed June 16, “specified anatomical areas” and ual activities.” 1997,”. still be categorized as an adult (c) Location. Uses defined in divi- 3. In Section 1, after the text of bookstore or adult video store. Such sions (b)(3) Adult Bookstore, or amended Section 343.11, insert the other business purpose will not Adult Video Store (b)(4) Adult following new Section: serve to exempt an establishment Motion Picture Theater, (b)(5) “Section 347.07 Adult Entertain- from being categorized as an adult Adult Video Arcade, (b)(6) Adult ment bookstore or adult video store so Cabaret, (b)(7) Adult Theater and (a) Purpose. Based upon evidence long as one of its principal business (b)(8) Adult Live Entertainment and findings of negative secondary purposes is the offering for sale or Arcade of this section are designat- effects of adult entertainment uses rental for consideration the above ed “adult entertainment” uses. presented in hearings before the specified materials. Where permitted in a use district, Council and in studies from other (4) “Adult Motion Picture The- adult entertainment uses are subject communities, including the cities of ater” means a commercial establish- to the following location restric- Indianapolis and New York, the ment, regardless of capacity, where tions: Council finds that adult entertain- films, motion pictures, video cas- (1) No adult entertainment use ment uses in Cleveland cause nega- settes, slides, or similar photo- shall be established on a lot or lots tive secondary effects and has cre- graphic reproductions are regularly within 1,000 feet of a residence dis- ated this section to regulate adult shown which are distinguished or trict. entertainment uses to promote the characterized by the depiction or (2) No two adult entertainment health, safety, morals, and general description of “specified sexual uses shall be located in the same welfare of the citizens of Cleveland activities” or “specified anatomical premises or on the same lot. An by establishing reasonable and uni- areas.” This definition of adult adult entertainment use may never form regulations to prevent concen- motion picture theater does not be an accessory use as that term is tration of adult entertainment uses include the definitions of adult used in this Zoning Code. and location near specified other video arcade and adult cabaret, (3) No adult entertainment use uses. The provisions of this section which are separate uses. shall be established on a lot or lots have neither the purpose nor effect (5) “Adult Video Arcade” means within 1,000 feet of another lot or of imposing a limitation or restric- any place to which the public is lots containing an existing adult tion on the content of any commu- permitted or invited wherein one or entertainment use, or of a lot or lots nicative materials, including adult more enclosed or screened areas or where there is no building or struc- entertainment materials. Similarly, booths are maintained wherein still ture, but for which a valid and cur- it is not the intent or effect of this or motion picture machines, projec- rent permit or certificate of occu- section to restrict or deny access by tors, video, compact or laser disc pancy is issued for an adult enter- adults to adult entertainment mate- players or other image-producing tainment use. rials protected by the First Amend- devices are operated or maintained (4) No adult entertainment use ment, or to deny access by the dis- to show images to five or fewer per- shall be established on a lot or lots tributors and exhibitors of adult sons per enclosed area or booth at within 1,000 feet of a pool or billiard entertainment to their intended mar- any one time, and where the images hall or a video or pinball arcade or ket. Additionally, it is not the so displayed are distinguished or tattooing or body piercing estab- intent or effect of this section to characterized by the depiction or lishment. condone or legitimize the distribu- description of “specified sexual (5) No adult entertainment use tion of obscene material. activities” or “specified anatomical shall be located on a lot or lots with- (b) Definitions. As used in this areas.” in 1,000 feet of a premises, which Zoning Code: (6) “Adult Cabaret” means a com- may be one or more lots, having as (1) “Specified sexual activities” mercial establishment, including a its principal use: a church, syna- means any of the following: nightclub, bar, restaurant or similar gogue or mosque; special education, A. the fondling or other erotic establishment, which regularly fea- preschool, kindergarten, elementary, touching of human genitals, pubic tures persons who expose specified junior high or high school; educa- region, buttocks, anus, or female anatomical areas, or dancers, strip- tion or training facility for mental- breast; pers or similar live entertainers in ly or physically disabled persons; B. sex acts, actual or simulated, performances which are distin- public or nonprofit community cen- including masturbation, intercourse, guished or characterized by the ter in which there are regular pro- oral copulation or sodomy; exposure of “specified anatomical grams for minors; public library; C. excretory functions as part of areas” or by the depiction or public park; public recreation cen- or in connection with any of the description of “specified sexual ter; playground; hospital; clinic; 1090 May 22, 2002 The City Record 25 infirmary; nursing or convalescent fund or funds which are credited the ing to food shops and food handlers; home; home for the aged; rest home; proceeds of the sale of 2002 general and to supplement said codified orphanage or day care center. obligation bonds which include this ordinances by enacting new Sections (d) Permit Applications. The City purpose.”. 241.01 to 241.35 and 241.99 thereof, shall approve or disapprove the por- Amendment agreed to. relating to food shops; and to repeal tion of the completed application The rules were suspended. Yeas Sections 245.01 to 245.12 relating to requiring review under division (c) 18. Nays 0. Read second time. Read frozen desserts. within thirty (30) calendar days of third time in full. Passed. Yeas 18. Read third time. Passed. Yeas 18. submission. Nays 0. Nays 0. (e) Signs and Exterior Display. In compliance with Section 33 of the Charter, a copy of the legisla- No adult entertainment use shall be Ord. No. 278-02. conducted in any manner that per- tion was furnished to each member By Councilmen Westbrook, Cim- mits the observation of any materi- of Council before final passage. perman and Jackson (by depart- al depicting, describing or relating to “specified sexual activities” or Ord. No. 678-02. mental request). “specified anatomical areas” by dis- By Councilman Cimperman. An emergency ordinance to amend play, decorations, sign, show win- An emergency ordinance to vacate the title and Section 1 of Ordinance dow or other opening from any pub- a portion of West 10th Street here- No. 1013-01, passed July 18, 2001; to lic view. inafter described. supplement said ordinance by (f) Disseminating and Displaying Approved by Directors of Public adding new Sections 2 and 3; and to Material Harmful to Juveniles. All Service, City Planning Commission, renumber existing Sections 2 and 3 adult entertainment uses shall com- Law; Passage recommended by Com- to new Sections 4 and 5, relating to ply with applicable state and local mittees on Public Service, City wetland and stream mitigation pro- laws regarding the dissemination Planning. grams for the Department of Port and display of material harmful to The rules were suspended. Yeas Control. juveniles.”. 18. Nays 0. Read second time. Read Read third time. Passed. Yeas 18. 4. In Section 1, at Section 347.12, third time in full. Passed. Yeas 18. Nays 0. line 3, before “Except” insert “(a)”; Nays 0. and in lines 5 and 6, strike “amuse- Ord. No. 589-02. ment, recreation, tattooing and body Ord. No. 726-02. By Councilmen Westbrook and piercing”, and insert in lieu thereof By Councilman Cimperman. Jackson (by departmental request). An emergency ordinance authoriz- “amusement and recreation”. An emergency ordinance authoriz- 5. In Section 1, at Section 347.12, ing the Director of Public Service to issue a permit to Mr. Joel Cole, ing the purchase by requirement con- in line 8, reletter existing division tract of gate operating devices and (a) to “(1)”; and in line 13, reletter President of Network Parking, to parts necessary to maintain, repair existing division (b) to “(2)”. encroach into the right-of-way of or replace existing gate operating 6. In Section 1, at Section 347.12, Broom Court N.W. with parking and after relettered division (a)(2), landscaping for the development of devices, for the various divisions of insert the following: this area. the Department of Port Control. “(b) Where permitted in a par- Approved by Directors of Public Read third time. Passed. Yeas 18. ticular use district, tattooing and Service, City Planning Commission, Nays 0. body piercing uses, as described in Law; Relieved of Committee on Pub- Section 343.11(b)(2)P., are subject to lic Service, City Planning; Passage Ord. No. 590-02. the following location regulations: recommended by Committee on By Councilmen Westbrook and (1) Separation No such use shall Finance. Jackson (by departmental request). be established within one thousand The rules were suspended. Yeas An emergency ordinance authoriz- (1,000) feet of a residential district 18. Nays 0. Read second time. Read ing the Director of Port Control to or day care center, kindergarten, third time in full. Passed. Yeas 18. employ one or more consultants or elementary or secondary school, Nays 0. one or more firms of consultants to public library, church, playground, provide professional services neces- public or nonprofit recreation center Ord. No. 923-02. sary to conduct annual audits of or community center. By Councilmen Britt and Jackson select vendors and concessionaires (by departmental request). (2) Spacing No such use shall be for Fiscal Year 2002 for the various established within one thousand An emergency ordinance authoriz- ing the Director of Public Health to divisions of the Department of Port (1,000) feet of another such use.”. Control. 7. In Section 1, at Section enter into a license agreement with the County of Cuyahoga for the use Read third time. Passed. Yeas 18. 347.12(c), line 2, after “arcade” Nays 0. insert “or tattooing or body piercing of garage space necessary to store establishment”. vehicles for the Division of House Ord. No. 591-02. Amendments agreed to. of Corrections, Department of Pub- By Councilmen Westbrook and The rules were suspended. Yeas lic Health, for a period not to exceed 18. Nays 0. Read second time. Read one year. Jackson (by departmental request). third time in full. Passed. Yeas 18. Approved by Directors of Public An emergency ordinance authoriz- Nays 0. Health, Finance, Law; Relieved of ing the purchase by requirement In compliance with Section 33 of Committee on Public Health; Pas- contract of work uniforms, for the the Charter, a copy of the legisla- sage recommended by Committee on various divisions of the Department tion was furnished to each member Finance. of Port Control. of Council before final passage. The rules were suspended. Yeas Read third time. Passed. Yeas 18. 18. Nays 0. Read second time. Read Nays 0. Ord. No. 474-02. third time in full. Passed. Yeas 18. By Councilmen Cimperman, John- Nays 0. Ord. No. 592-02. son and Jackson (by departmental By Councilmen Westbrook and request). THIRD READING EMERGENCY Jackson (by departmental request). ORDINANCES PASSED An emergency ordinance authoriz- An emergency ordinance authoriz- ing the Director of Parks, Recre- ing the purchase by requirement ation and Properties to apply for Ord. No. 2021-01. By Mayor White. contract of air filters and related and accept a grant from the 2002 parts necessary to maintain air han- Urban Parks and Recreation Recov- An emergency ordinance authoriz- ing the Director of Port Control to dling units, for the various divisions ery Program, for the rehabilitation of the Department of Port Control. of Lincoln Park; determining the issue credits against rent to Host International, under its Lease By Read third time. Passed. Yeas 18. method of making the public im- Nays 0. provement of rehabilitating Lincoln Way of Concession, City Contract Park and authorizing the Director No. 33958, for certain improvements Ord. No. 594-02. of Parks, Recreation and Properties approved by the Director. to enter into contract for the mak- Read third time. Passed. Yeas 18. By Councilmen Reed and Jackson ing of such improvement. Nays 0. (by departmental request). Approved by Directors of Parks, An emergency ordinance authoriz- Recreation and Properties, City Plan- Ord. No. 2163-01. ing the purchase by requirement ning Commission, Finance, Law; By Councilmen Gordon, Lewis and contract of labor and materials nec- Passage recommended by Commit- Patmon (by departmental request). essary to repair overhead doors, for tees on Public Parks, Property and An emergency ordinance to repeal the Division of Fire, Department of Recreation, City Planning, Finance; Sections 241.01 to 241.40 and 241.99 Public Safety, for a period not to when amended as follows: of the Codified Ordinances of Cleve- exceed one year. 1. In Section 2, at the end, strike land, Ohio, 1976, as amended and Read third time. Passed. Yeas 18. the period and insert “and from the enacted by various ordinances, relat- Nays 0. 1091 26 The City Record May 22, 2002

Ord. No. 637-02. Services, Ltd. to provide workers’ Ord. No. 284-02. By Councilmen Cimperman, Gor- compensation actuarial and auditing By Councilman Lewis. don, Johnson, White and Jackson services for the Department of Per- An emergency ordinance authoriz- (by departmental request). sonnel and Human Resources, for a ing the sale of real property as part An emergency ordinance authoriz- period of six months, for one six- of the Land Reutilization Program ing the Directors of Community month option to renew. and located at East 69th Street to Development and Parks, Recreation Read third time. Passed. Yeas 18. Lynette Stover. and Properties to operate the City- Nays 0. owned parking lots located on the Ord. No. 285-02. northeast and southeast corners of St. Ord. No. 853-02. By Councilman Lewis. Clair Avenue and East 12th Street; By Councilmen Lewis and Jackson An emergency ordinance authoriz- ing the sale of real property as part and to amend Section 133.331 of the (by departmental request). of the Land Reutilization Program Codified Ordinances of Cleveland, An emergency ordinance authoriz- Ohio, 1976, as amended by Ordinance and located at East 71st Street to ing the Director of Personnel and Renaud Simmons. No. 1828-95, passed December 18, 1995, Human Resources to accept alloca- relating to parking fees for Commu- tions of grants from the State of Ord. No. 279-02. nity Development surface lots. Ohio Department of Jobs and Fami- By Councilmen Westbrook, Cim- Read third time. Passed. Yeas 18. ly Services, under the Workforce perman, Jackson and Scott (by Nays 0. Investment Act, Title I; to appropri- departmental request). ate funds to provide for administra- An emergency ordinance to amend Ord. No. 676-02. tion of the 2003 Workforce Invest- the title and Section 1 of Ordinance By Councilmen Westbrook and ment Act Programs by the Depart- No. 1121-01, passed July 18, 2001; to Jackson (by departmental request). ment of Personnel and Human supplement said ordinance by An emergency ordinance authoriz- Resources; and to enter into con- adding new Sections 2 and 3; and to ing the Director of Port Control to tracts with various entities neces- renumber existing Sections 2, 3, 4 enter into a requirement contract sary to implement the program. and 5 to new Sections 4, 5, 6 and 7, with SimplexGrinnell for the main- Read third time. Passed. Yeas 18. relating to mitigation construction tenance, repair and upgrade of cur- Nays 0. on Doan Brook for the Department rent access control, fire and securi- of Port Control. ty systems, including CCTV equip- Whereas, this ordinance consti- ment, for the Division of Cleveland MOTION tutes an emergency measure provid- Hopkins International Airport, De- ing for the usual daily operation of partment of Port Control. By Council Member Sweeney and a municipal department; now, there- Read third time. Passed. Yeas 18. seconded by Council Member Gordon fore, Nays 0. and unanimously carried that the Be it ordained by the Council of absence of Council Members Patri- the City of Cleveland: Ord. No. 723-02. cia J. Britt, Sabra Pierce Scott and Section 1. That the title and Sec- By Councilman Jackson (by de- Jay Westbrook be and is hereby tion 1 of Ordinance No. 1121-01, partmental request). authorized. passed July 18, 2001, are hereby An emergency ordinance authoriz- amended to read, respectively, as ing the Director of Finance to enter MOTION follows: into contract without competitive An emergency ordinance authoriz- bidding with Sybase, Inc. for the The Council Meeting adjourned at ing the Director of Port Control to purchase of software support and 8:25 p.m. to meet on Monday, June enter into agreements with public maintenance of MITIS software, for 3, 2002 at 7:00 p.m. in Council Cham- authorities to pay or reimburse the Division of Taxation, Depart- bers. directly related costs incurred by ment of Finance, for a period of one such entities for the purpose of year, with two one-year options to implementing mitigation construc- renew. tion on Doan Brook, for the Depart- Read third time. Passed. Yeas 18. ment of Port Control; determining Nays 0. the method of making the public improvement of constructing wet- Ord. No. 724-02. land and stream mitigation improve- By Councilmen Westbrook and ments if a public authority does not Jackson (by departmental request). do so; and authorizing the Director An emergency ordinance authoriz- of Port Control to enter into contract ing the Director of Port Control to for the making of such improve- ment. enter into contract with Raytheon Section 1. That the Director of Systems Company for professional Clerk of Council Port Control is hereby authorized to services necessary to conduct a site enter into agreements with public preparation and installation report authorities necessary to pay or reim- and a site evaluation survey report THE CALENDAR burse directly related costs incurred at Cleveland Hopkins International by such entities for the purpose of Airport to support the installation of The following measures will be on implementing mitigation construc- a precision runway monitor at said their final passage at the next meet- tion on Doan Brook as required by airport. ing: federal or State statutes, regulations, Read third time. Passed. Yeas 18. permits, or orders in an amount not Nays 0. ORDINANCES to exceed Five Million Five Hundred Thousand Dollars ($5,500,000). Ord. No. 730-02. Ord. No. 1869-01. Section 2. That the existing title By Councilmen Lewis and Jackson By Councilman Lewis. and Section 1 of Ordinance No. 1121- (by departmental request). An emergency ordinance authoriz- 01, passed July 18, 2001, are hereby An emergency ordinance authoriz- ing the sale of real property as part repealed. ing the Director of Personnel and of the Land Reutilization Program Section 3. That Ordinance No. 1121- Human Resources to enter into con- and located on Newton Avenue to 01, passed July 18, 2001, is hereby tract with Ceridian Benefits Ser- Jerry L. Maddox. supplemented by enacting new Sec- vices (formerly Applied Benefits tions 2 and 3 to read, respectively, Research, Inc. dba COBRASERV) Ord. No. 2168-01. as follows: for professional services necessary By Councilman Lewis. Section 2. That provided a public to administer the City’s COBRA pro- An emergency ordinance authoriz- authority will not be implementing gram for the Department of Person- ing the sale of real property as part mitigation construction on Doan nel and Human Resources, for a of the Land Reutilization Program Brook, pursuant to Section 167 of the period of one year, with a one-year and located at 1882 and 1876 East Charter of the City of Cleveland, it option to renew. 71st Street to Wilma Braxton McMil- is hereby determined to make the Read third time. Passed. Yeas 18. lan. public improvement of constructing Nays 0. mitigation construction on Doan Ord. No. 135-02. Brook, for the Department of Port Control, by contract duly let to the Ord. No. 731-02. By Councilman Lewis. An emergency ordinance authoriz- lowest responsible bidder after com- By Councilmen Lewis and Jackson petitive bidding for a gross price for ing the sale of real property as part (by departmental request). the improvement. That the design for An emergency ordinance authoriz- of the Land Reutilization Program the project to be implemented shall be ing the Director of Personnel and and located on East 55th and Lin- reviewed by the Design Review Com- Human Resources to enter into con- wood Avenue to The Eleanor B. mittee and the City Planning Commis- tract with Integrated Consultant Rainey Memorial Institute, Inc. sion. 1092 May 22, 2002 The City Record 27

Section 3. That provided a public hereby authorized to enter into a its operation of a cargo facility, for a authority will not be implementing contract, with the National Junior term of five (5) years with one five- mitigation construction on Doan Tennis League of Cleveland to pro- year option which may be requested by Brook, the Director of Port Control vide youth tennis services, for the World Wide Flight Services upon nine- is hereby authorized to enter into summer of 2002. ty (90) days written notice to the Direc- contract for the making of the Section 2. That the cost of such tor of Port Control prior to the expira- above public improvement responsi- contract shall not exceed $35,000 and tion of the initial term. Any such ble bidder after competitive bidding shall be paid from Fund No. 01- request shall be approved or rejected for a gross price. Upon request of 700402-638000, Request No. 106785. by the Director of Port Control. The said Director the contractor shall Section 3. That this ordinance is rent for the first year shall be deter- furnish a correct schedule of unit hereby declared to be an emergency mined at a rate of $7.50 per square measure and, provided it receives prices, including profit and over- foot. The rent for each and every the affirmative vote of two-thirds of head, for all items constituting units subsequent year of the initial term, all the members elected to Council, of said improvement. and each and every year of the it shall take effect and be in force option term shall be adjusted with Section 4. That existing Sections immediately upon its passage and 2, 3, 4 and 5 of Ordinance No. 1121- the National Consumer Price Index approval by the Mayor; otherwise it (“CPI”) but said rent shall never be 01, passed July 18, 2001, are hereby shall take effect and be in force renumbered, respectively, to new less than $7.50 per square foot dur- from and after the earliest period ing any year. As used in this sec- Sections 4, 5, 6 and 7. allowed by law. Section 5. That this ordinance is tion, “CPI” means the National Con- hereby declared to be an emergency sumer Price Index for all Urban Ord. No. 405-02. Consumers, U.S. City Average, as measure and, provided it receives By Councilmen Westbrook, Cim- compiled by the United States the affirmative vote of two-thirds of perman and Jackson (by depart- Department of Labor or, if the Unit- all the members elected to Council, mental request). ed States Department of Labor no it shall take effect and be in force An emergency ordinance authoriz- longer publishes such a Consumer ing the Director of Port Control to immediately upon its passage and Price Index, any comparable index enter into a Lease By Way of Con- approval by the Mayor; otherwise it published by another branch or shall take effect and be in force cession with World Wide Flight Ser- vices for operation of a cargo facil- Department of the Federal govern- from and after the earliest period ment. allowed by law. ity at Cleveland Hopkins Interna- tional Airport. The term shall commerce on the date of execution of the Agreement. Ord. No. 358-02. Whereas, this ordinance consti- tutes an emergency measure provid- Section 2. That the Lease By Way By Councilmen Johnson and Jack- of Concession authorized herein son (by departmental request). ing for the usual daily operation of a municipal department; now, there- shall be prepared by the Director of An emergency ordinance authoriz- fore, Law, and shall contain such addi- ing the Director of Parks, Recre- Be it ordained by the Council of tional provisions as he deems nec- ation and Properties to enter into a the City of Cleveland: essary to protect and benefit the contract with the National Junior Section 1. That notwithstanding public interest. Tennis League of Cleveland to pro- any provision of the Codified Ordi- Section 3. That this ordinance is vide a summer tennis program. nances of Cleveland, Ohio, 1976, to hereby declared to be an emergency Whereas, this ordinance consti- the contrary, the Director of Port measure and, provided it receives tutes an emergency measure provid- Control is hereby authorized to the affirmative vote of two-thirds of ing for the usual daily operation of enter into a Lease By Way of Con- all the members elected to Council, a municipal department; now, there- cession with World Wide Flight Ser- it shall take effect and be in force fore, vices for the use and occupancy of immediately upon its passage and Be it ordained by the Council of approximately 3,500 square feet of approval by the Mayor; otherwise it the City of Cleveland: space in the former ACFI cargo shall take effect and be in force Section 1. That the Director of building at Cleveland Hopkins Inter- from and after the earliest period Parks, Recreation and Properties is national Airport in connection with allowed by law.

Ord. No. 473-02. By Councilmen Scott, Johnson, Cimperman and Jackson (by departmental request). An emergency ordinance authorizing the Director of Parks, Recreation and Properties to make alterations and modifications in Contract No. 58113 for site improvements to the Miles Standish Elementary School with R.J. Platten Contracting Co. for the Department of Parks, Recreation and Properties. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Parks, Recreation and Properties is hereby authorized to make the following alterations and modifications in Contract No. 58113 with R.J. Platten Contracting Co. for site improvements to the Miles Standish Elementary School, for the Department of Parks, Recreation and Properties:

MILES STANDISH ELEMENTARY SCHOOL SITE IMPROVEMENTS

ADDITIONS — ORIGINAL ITEMS

ITEM DESCRIPTION AMOUNT

Item 18 Furnish / Install 6" Concrete (235 S.F. @ 3.80/S.F.) $ 893.00 Item 40 Pyrus cal.‘Cleve. Select’ /3" caliper (4 EA @ $380.00) 1,520.00

CREDIT — ORIGINAL ITEMS

ITEM DESCRIPTION AMOUNT

Item 3 Construction Sign $ 1,600.00 Item 4 Classified Fill (ODOT 23)/(80 C.Y. @ $25.00/C.Y.) 2,000.00 Item 5 Additional Excavation (100 C.Y. @ $20.00/C.Y.) 2,000.00 Item 6 Stone Base #304 (100 C.Y. @ $25.00/C.Y.) 2,500.00 Item 7 Rock Excavation (100 C.Y. @ $30.00/C.Y.) 3,000.00 Item 12 Furnish/Install 12"PVC (80 L.F. @ $39.00/L.F.) 3,120.00 Item 16 Sheathing & Bracing (1 M.B. @ $550.00) 550.00 Item 17 Additional Fill Sand (200 TN @ $10.00/TN) 2,000.00

1093 28 The City Record May 22, 2002

Item 27 Furnish / Install 3’ C.L.F. (130 L.F. @ $27.00) 3,510.00 Item 28 Furnish / Install 8"x8" Bollards (8 EA @ $210.00) 1,680.00 Item 29 Furnish / Install 6"x6" Rem. Bollards (2 EA @ $450.00) 900.00 Item 47 Hedra Helix / 2-1/2" P.P. (850 EA @ $2.20 EA) 1,870.00 Item 48 Hemerocallis ‘Stella D’Oro’ / No. 1 (207 EA @ $15.40) 3,187.80 Item 55 Acer platanoides ‘Fairview’ / 3" cal. (2 EA @ $550.00) 1,100.00 Item 59 Furnish / Install 4" Mulch (800 S.Y. @ $5.50/S.Y.) 4,400.00 Item * Contingency (5% of Original Contract Amount) 11,892.03

NEW ITEMS FOR SUBSIDIARY

ITEM DESCRIPTION AMOUNT

Item 60 C.O. #1Concrete work (Lump Sum) $35,048.50 Item 61 C.O. #2 Fence work (Lump Sum) 9,015.00 Item 62 Demo/Remove Sandstone & Conc. Walks (Lump Sum) 5,250.00 Item 63 Furnish/Install 6" concrete (3,260 S.F. @ $3.80/S.F.) 12,388.00 Item 64 Furnish/Install 3" Red Oaks (8 Required @ $545.00/EA) 4,360.00 Item 65 Sawcut, Demo. & Remove Asphalt (Lump Sum) 2,887.50 Item 66 Demo. & Remove Existing Guardrail (Lump Sum) 500.00 Item 67 Demo. & Remove Existing Pipe Rail Fence (Lump Sum) 1,800.00 Item 68 Furn./Inst. 12"x24" El. Pl. Edge (275 L.F. @ $25.00/L.F.) 6,875.00 Item 69 Furnish/Install Orn. Fence (125 L.F. @ $75.00/L.F.) 9,375.00 Item 70 Furnish/Install 3" Pear Trees (3 required @ $457.00/EA) 1,371.00 Item 71 Furnish/Install Erie Sh. Yew / 24" (50 req. @ $71.00/EA) 3,550.00 Item 72 Furnish/Install Fothergilla g./ 18" (100 req.@ $42.00/EA) 4,200.00 Item 73 Furn./Inst. Topsoil / 12" Depth (60 C.Y. @ $25.00/C.Y.) 1,500.00 Item 74 Furnish/Install Mulch / 3" Depth (15 C.Y. @ $25.00/C.Y.) 375.00 Item 75 Furnish/Install 6" Concrete (200 S.F. @ $3.80/S.F.) 760.00 Item 76 Furnish/Install Topsoil / 4" depth (233 S.Y. @ $3.25/S.Y.) 757.25 Item 77 Furnish/Install seed (233 S.Y. @ $1.65/S.Y.) 384.45 Item 78 Furnish/Install Topsoil / 1" depth (280 S.Y. @ $2.00/S.Y.) 560.00 Item 79 Furnish/Install Seed (280 S.Y. @ $1.65/S.Y.) 462.00 Item 80 Demo/Remove Concrete Pavement (Lump Sum) 2,975.00 Item 81 Furnish/Install 6" Concrete (1,700 S.F. @ $3.80/S.F.) 6,460.00 Item 82 Demo/Remove Conc. Retain. Wall & Pave. (Lump Sum) 13,160.00 Item 83 Concrete Retaining Wall (Lump Sum) 15,000.00 Item 84 Replace 6" Walk (850 S.F. @ $3.80/S.F.) 3,230.00 Item 85 Orn. Fence / Retaining Wall (140 L.F. @ $75.00/L.F.) 10,500.00

ADDITIONS (Overruns) 2,413.00 + NEW ITEMS 152,743.70 TOTAL ADDITIONS TO ORIGINAL CONTRACT 155,156.70

TOTAL ADDITIONS 155,156.70 -- TOTAL CREDITS 45,309.83 TOTAL SUBSIDIARY AMOUNT 109,846.87

ORIGINAL CONTRACT AMOUNT 249,732.53 SUBSIDIARY AMOUNT +109,846.87 REVISED CONTRACT AMOUNT 359,579.40 which alteration has been recommended in writing by the said Director of Parks, Recreation and Properties, coun- tersigned by the mayor, and consented to by the surety on said contract, which price to be paid therefor has been agreed upon in writing and signed by the Director of Parks, Recreation and Properties and the Contractor. This alteration will cause an increase in the amount of the original contract in the sum of $109,846.87, to be paid from Fund Nos. 20 SF 361, 20 SF 370, and 20 SF 354. Section 2. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force imme- diately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

1094 May 22, 2002 The City Record 29

Ord. No. 538-02. Ord. No. 729-02. Association to implement education- By Councilmen Reed and Jackson By Councilmen Johnson and Jack- al, recreational and cultural pro- (by departmental request). son (by departmental request). grams in various school buildings An emergency ordinance authoriz- An emergency ordinance authoriz- during evening hours. ing the Director of Public Safety to ing the Director of Parks, Recre- enter into contract with the Greater ation and Properties to accept a Ord. No. 830-02. Cleveland Roundtable for diversity cash donation from Dollar Bank for By Councilman Jackson (by de- management training for field train- recreational purposes. partmental request). ing officers and recruits, for the An emergency ordinance authoriz- Division of Police, Department of Ord. No. 732-02. ing the purchase by contract of one Public Safety. By Councilman Jackson. office mailer-folder-inserter, includ- An emergency ordinance to vacate ing maintenance for a period not to Ord. No. 598-02. a portion of Chadakoin Court S.E., exceed one year, for the Division of By Councilmen Gordon and Jack- East 57th Street, Tivoli Court S.E., Assessments and Licenses, Depart- son (by departmental request). and East 59th Place hereinafter ment of Finance. An emergency ordinance authoriz- described. ing the Director of Community Ord. No. 833-02. Development to amend Contract No. Ord. No. 762-02. By Councilmen Sweeney, Cimper- 58916 with Slavic Village Develop- By Councilmen Sweeney and Jack- man and Jackson (by departmental ment to provide additional commu- son (by departmental request). request). nity development services in the An emergency ordinance authoriz- An emergency ordinance deter- agency’s service area. ing the purchase by requirement mining the method of making the Whereas, pursuant to Ordinance contract of plow blades and curb public improvement of rehabilitat- Nos. 840-01, passed June 11, 2001 and bumpers, for the Division of Streets, ing, renovating, reconstructing, or 913-01, passed June 19, 2001, the Department of Public Service. otherwise improving various De- Director of Community Development partment of Public Service facilities; entered into Contract No. 58916 with Ord. No. 763-02. authorizing the Director of Public Slavic Village Development to pro- By Councilmen Sweeney and Jack- Service to enter into contract for the vide, among other things, land reuti- son (by departmental request). making of such improvement; and lization and beautification activities An emergency ordinance authoriz- authorizing said director to employ within their service area; and ing the purchase by requirement one or more professional consultants Whereas, additional land reuti- contract of emulsion and purging to design the improvement. lization and beautification activities solution, and labor and materials are desired; and necessary to maintain emulsion Ord. No. 834-02. Whereas, this ordinance consti- equipment, for the Division of By Councilmen Sweeney, Cimper- tutes an emergency measure provid- Streets, Department of Public Ser- man and Jackson (by departmental ing for the usual daily operation of vice. request). a municipal department; now, there- An emergency ordinance deter- fore, Ord. No. 764-02. mining the method of making the Be it ordained by the Council of By Councilmen Sweeney and Jack- public improvement of rehabilitat- the City of Cleveland: son (by departmental request). ing, renovating, reconstructing, or Section 1. That the Director of An emergency ordinance authoriz- otherwise improving various De- Community Development is autho- ing the purchase by requirement partment of Finance facilities; rized to amend Contract No. 58916 contract of gutter broom sets and authorizing the Director of Public with Slavic Village Development to tube and gutter brooms, for the Divi- Service to enter into contract for the provide for additional land reuti- sion of Streets, Department of Pub- making of such improvement; and lization and beautification activities lic Service. authorizing said director to employ and to increase the amount of the one or more professional consultants contract by $12,000. Said increase Ord. No. 765-02. to design the improvement. shall be paid from Fund No. 14 SF By Councilmen Sweeney and Jack- 027, Request No. 104692. son (by departmental request). Ord. No. 835-02. Section 2. That this ordinance is An emergency ordinance authoriz- By Councilmen Sweeney, Cimper- hereby declared to be an emergency ing the purchase by requirement man and Jackson (by departmental measure and, provided it receives contract of cold mix material, for request). the affirmative vote of two-thirds of the Division of Streets, Department An emergency ordinance deter- all the members elected to Council, of Public Service. mining the method of making the it shall take effect and be in force public improvement of rehabilitat- immediately upon its passage and Ord. No. 766-02. ing, renovating, reconstructing, or approval by the Mayor; otherwise it By Councilmen Sweeney and Jack- otherwise improving Cleveland City shall take effect and be in force son (by departmental request). Hall; authorizing the Director of from and after the earliest period An emergency ordinance authoriz- Public Service to enter into contract allowed by law. ing the purchase by requirement for the making of such improve- contract of SSI tack coat, for the ment; and authorizing said director Ord. No. 638-02. Division of Streets, Department of to employ one or more professional By Councilmen Lewis, Gordon and Public Service. consultants to design the improve- Jackson (by departmental request). ment. An emergency ordinance authoriz- Ord. No. 767-02. ing the Director of Economic Devel- By Councilmen Sweeney and Jack- opment to lease property at 3634 son (by departmental request). Ord. No. 836-02. Euclid Avenue from MidTown Asso- An emergency ordinance authoriz- By Councilmen Cimperman, Cin- ciates, LLC for a term not to exceed ing the purchase by requirement tron, Gordon, Sweeney and Jackson three years, for the public purpose contract of guard rail elements, (by departmental request). of enabling the City Empowerment posts, end wings, and hardware, for An emergency ordinance to amend Zone staff to better serve the resi- the Division of Streets, Department the title, Sections 1, 2, 5, 6, 7, and 10 dents of the Zone by providing eas- of Public Service. of Ordinance No. 406-02, passed April ier access to staff and programming; 15, 2002, relating to the improvement authorizing the purchase by con- Ord. No. 771-02. of West 25th Street between Brook- tract of furniture, articles, telecom- By Councilmen Johnson and Jack- lyn-Brighton Bridge and Detroit munications equipment, signage, son (by departmental request). Avenue. moving expenses and other neces- An emergency ordinance authoriz- sary equipment. ing the purchase by requirement Ord. No. 898-02. contract of small equipment, for the By Councilman Jackson (by Ord. No. 679-02. Division of Park Maintenance and departmental request). By Councilmen Sweeney, Cimper- Properties, Department of Parks, An emergency ordinance authoriz- man and Jackson (by departmental Recreation and Properties, for a ing the Director of Finance to enter request). period of one year with a one-year into an agreement with American An emergency ordinance authoriz- option to renew. Express to provide accounts payable ing the Director of Public Service to recovery service. employ one or more professional Ord. No. 774-02. Whereas, this ordinance consti- consultants to provide services nec- By Councilmen Johnson and Jack- tutes an emergency measure provid- essary to perform a boundary sur- son (by departmental request). ing for the usual daily operation of vey for all land leased to the Ohio An emergency ordinance to amend a municipal department; now, there- Department of Natural Resources Section 1 of Ordinance No. 361-02, fore from the City of Cleveland for Cleve- passed April 1, 2002, relating to a Be it ordained by the Council of land Lakefront State Park sites. contract with Neighborhood Centers the City of Cleveland: 1095 30 The City Record May 22, 2002

Section 1. That the Director of Director of Public Service to cause Section 2. That the existing title, Finance is hereby authorized to payment of the City of Cleveland’s Sections 1, 7, 11, and 12 of Ordinance enter into an agreement with Amer- share to the County of Cuyahoga for No. 2368-92, passed December 14, ican Express to provide accounts its portion of said improvement; 1992, as amended by Ordinance Nos. payable recovery services on the determining the method of making 1454-97, passed November 24, 1997 basis of its proposal dated February the above public improvement; and 1402-2000, passed November 13, 11, 2002. The agreement shall authorizing the Director of Public 2000, are hereby repealed. require American Express to con- Service to enter into contract for the Section 3. That Ordinance No. 2368- duct an independent analysis of the making of such improvement; autho- 92, passed December 14, 1992, as City of Cleveland’s accounts payable rizing said Director to employ pro- amended by Ordinance Nos. 1454-97, transactions to determine the nature fessional design consultants to passed November 24, 1997 and 1402- and extent of potential overpay- implement such improvement; and 2000, passed November 13, 2000, is ments made to vendors between the authorizing the Commissioner of hereby supplemented by adding new time period of January 1, 1999 and Purchases and Supplies to acquire Sections 9a, 9b, 9c, 9d and 9e to read, December 31, 2001. for right-of-way purposes such real respectively, as follows: Section 2. That the agreement property as is necessary to make the Section 9a. That, pursuant to Sec- shall provide that the City of Cleve- public improvement. tion 167 of the Charter of the City land will pay American Express a Section 1. That it is declared to be of Cleveland, it is hereby deter- contingency fee of thirty-three per- in the public interest that the con- mined to make the public improve- cent (33%) of all overpayments sent of the City of Cleveland is here- ment of rehabilitating Memphis actually recovered. The agreement by given to construct the following Avenue from Ridge Road to Pearl shall also provide that the City of improvement in accordance with Road, for the Division of Engineer- Cleveland will not be liable for any plans, specifications and estimates ing and Construction, Department of time or expenses other than the con- approved by ODOT: The rehabilita- Public Service, by contract duly let tingency fee. tion of Memphis Avenue from Ridge to the lowest responsible bidder Section 3. The agreement shall be Road to Pearl Road (the “Improve- after competitive bidding upon a prepared by the Director of Law and ment”). unit basis for the Improvement. shall contain such additional terms Section 7. That the Director of 9b. That the Director of Public and conditions as are necessary to Public Service is hereby authorized Service is hereby authorized to enter protect the public interest. to enter into an agreement with the into contract for the making of the Section 4. That, upon conclusion of Board of Commissioners of the above public improvement with the the accounts payable recovery ser- County concerning the financing of lowest responsible bidder after com- vices authorized herein, the Director the Improvement, which agreement petitive bidding upon a unit basis of Finance shall provide the Chair- shall contain without limitation for the Improvement, provided, how- man of the Finance Committee with terms substantially similar to the ever, that each separate trade and a report summarizing the overpay- following: each distinct component part of said ments recovered pursuant to the con- a) That the City will prepare or Improvement may be treated as a tract with American Express. cause to be prepared construction separate improvement, and each, or Section 5. That this ordinance is plans and specifications for the any combination, of such trades or hereby declared to be an emergency Improvement, including necessary components may be the subject of a measure and, provided it receives engineering reports, under current separate contract upon a unit basis. the affirmative vote of two-thirds of County Engineer standards for con- 9c. That the Director of Public all the members elected to Council, struction of County roads and Service is hereby authorized to employ by contract one or more it shall take effect and be in force bridges and the City will agree to design consultants or one or more immediately upon its passage and provide the County with a complete approval by the Mayor; otherwise it firms of design consultants for the set of as-built plans upon completion purpose of supplementing the regu- shall take effect and be in force of the Improvement. larly employed staff of the several from and after the earliest period (b) That if, by ordinance of this departments of the City of Cleveland allowed by law. Council, the City requests the Coun- in order to provide professional ser- ty, to include in the Improvement vices necessary to implement the Ord. No. 905-02. the construction of sanitary sewers, Improvement. By Councilman Sweeney. water lines, sewers for drainage of The selection of said consultants An emergency ordinance to vacate the area surrounding the Improve- for such services shall be made by a portion of Industrial Parkway S.W. ment, sidewalks, alternate bid items the Board of Control upon the nom- hereinafter described. or other times that are in addition ination of the Director of Public Ser- to those now existing in the plans vice from a list of qualified consul- Ord. No. 906-02. for the Improvement and not pro- tants available for such employment as may be determined after a full By Councilmen Sweeney, Cimper- vided for elsewhere in the agree- and complete canvass by the Direc- man and Jackson (by departmental ment, the County will do so, provid- request). tor of Public Service for the purpose ed that the construction of such of compiling such a list. The com- An emergency ordinance to amend additional items is approved by the the title, Sections 1, 7, 11, and 12 of pensation to be paid for such ser- County and the City, and provided Ordinance No. 2368-92, passed Decem- vices shall be fixed by the Board of further that the City agrees to pay ber 14, 1992, as amended, relating to Control. The contract herein autho- or cause to be paid the cost of said the rehabilitation of Memphis rized shall be prepared by the Direc- construction and of preliminary and Avenue from Ridge Road to Pearl tor of Law, approved by the Direc- design engineering therefor, but the tor of Public Service, and certified Road; and to supplement said ordi- by the Director of Finance. nance by adding new Sections 9a, City shall not be responsible for the cost of supervision of said construc- 9d. that notwithstanding any pro- 9b, 9c, 9d and 9e thereof. vision of the Codified Ordinances of Whereas, this ordinance consti- tion. (c) That the City hereby agrees Cleveland Ohio, 1976, to the con- tutes an emergency measure provid- trary, the Commissioner of Purchas- ing for the usual daily operation of to participate with the County in the cost of the Improvement by an allo- es and Supplies is hereby authorized a municipal department; now, there- to acquire for right-of-way purposes fore cation from the County Motor Vehi- such real property as is necessary Be it ordained by the Council of cle License Tax fund to pay the to make the Improvement. The con- the City of Cleveland: County portion of the project. sideration to be paid for such prop- Section 1. That the title, Sections (d) That if the project is financed erty shall not exceed its appraised 1, 7, 11, and 12 of Ordinance No. 2368- as a Federal-aid project, eligible value. 92, passed December 14, 1992, as costs of the Improvement shall be 9e. That the Director of Public amended by Ordinance Nos. 1454-97, financed from the aforesaid funds. Service is hereby authorized to exe- passed November 24, 1997 and 1402- Section 11. That this Council here- cute on behalf of the City all docu- 2000, passed November 13, 2000, are by authorizes payment to the Coun- ments necessary to acquire such hereby amended to read, respective- ty of Cuyahoga for the City’s share property and to employ and pay all ly, as follows: of the cost of the Improvement fees for title companies, surveys, An emergency ordinance giving and/or acceptance from the County escrows, appraisers, and all other costs necessary for the acquisition consent of the City of Cleveland for by the City of its share of the Improvement. of such property. the rehabilitation of Memphis 9f. That the Director of Public Ser- Section 12. That the costs of the Avenue from Ridge Road to Pearl vice is hereby authorized to make Road to the County of Cuyahoga; Improvement, services and property Relocation Assistance Program pay- authorizing the Director of Public acquisition herein contemplated ments to eligible claimants in the Service to enter into any agreements shall be paid from Fund Nos. 20 SF amounts to which they are entitled relative thereto; to apply for and 190, 20 SF 181, 20 SF 146, 20 SF 170, pursuant to the Rules and Regula- accept an allocation of County Motor 20 SF 302, 20 SF 312, 20 SF 322, 20 tions established by the Director of Vehicle License Tax Funds for the SF 344 and 20 SF 353, Request Nos. the Ohio Department of Transporta- improvement; and to authorize the 14325 and 22511. tion. 1096 May 22, 2002 The City Record 31

Section 3. That this ordinance is Present: Mayor Campbell, Acting Resolution No. 286-02. hereby declared to be an emergency Director Horvath, Director Baker, By Acting Director Brown. measure and, provided it receives Acting Directors Brown, Konicek, Be it resolved by the Board of the affirmative vote of two-thirds of DeVaul, Carroll, Smith, Glending, Control of the City of Cleveland, all the members elected to Council, Directors Hudecek, Romero, Acting that the bid of Utilicon Corporation it shall take effect and be in force Director Huth, Directors Fumich and for the public improvement of Clean- immediately upon its passage and Taylor. ing and Cement Mortar Lining of approval by the Mayor; otherwise it Absent: None. Various Distribution Water Mains shall take effect and be in force Others: Myrna Branche, Commis- 2002, Area B and a 10% contingency from and after the earliest period sioner Purchases and Supplies. allowance, for the Division of allowed by law. Henry Guzman, Director, Office of Water, Department of Public Utili- Equal Opportunity. ties, received on April 12, 2002, pur- Ord. No. 907-02. On motion, the following resolu- suant to the authority of Ordinance By Councilmen Sweeney and Jack- tions were adopted. No. 2350-01, passed March 11, 2002, son (by departmental request). for a gross price for the improve- An emergency ordinance authoriz- Resolution No. 284-02. ment in the aggregate amount of ing the Director of Public Service to By Director Baker. Three Million Five Hundred Ninety enter into contract without competi- Resolved by the Board of Control Seven Thousand Eight Hundred tive bidding with The McLean Com- of the City of Cleveland, that all Eight Dollars and Fifty Cents pany for the purchase of one cab bids received on April 18, 2002, for ($3,597,808.50) is hereby affirmed and chassis unit with oil distributor an estimated quantity of 12,000- and approved as the lowest respon- body, for the Division of Motor Vehi- pounds capacity lift trucks, for the sible bid; and the Director of Public cle Maintenance, Department of various divisions of City govern- Utilities is hereby authorized to Public Service. ment, pursuant to the authority of enter into contract for said improve- Ordinance No. 1264-01, passed by the ment with said bidder. Ord. No. 914-02. Council of the City of Cleveland on Be it further resolved by the By Councilmen Sweeney and Jack- June 19, 2001, be and the same are Board of Control of the City of son (by departmental request). hereby rejected. Cleveland that the employment of An emergency ordinance to amend Yeas: Mayor Campbell, Acting the following subcontractors by Util- the title, Section 7 of Ordinance No. Director Horvath, Director Baker, icon Corporation, for the above-men- 294-98, passed April 6, 1998, relating Acting Directors Brown, Konicek, tioned public improvement is hereby DeVaul, Carroll, Smith, Glending, to the repair and resurfacing of approved: Directors Hudecek, Acting Director Ridge Road from Brookpark Road Huth, Directors Fumich and Taylor. to Denison Avenue to the County of Subcontractor Nays: None. Cuyahoga; and to supplement said Work Absent: Director Romero. ordinance by adding new Section 9a thereto. RMC, Inc. Resolution No. 285-02. MBE $362,775.00 By Acting Director Brown. Ord. No. 920-02. Be it resolved by the Board of By Councilmen Sweeney and Jack- Choice Construction Co., Inc. Control of the City of Cleveland, FBE $181,400.00 son (by departmental request). that pursuant to the authority of An emergency ordinance authoriz- Ordinance No. 1414-99, passed by the Dan Ray Construction ing the Director of Public Service to Council of the City of Cleveland on MBE $182,100.00 employ surveyors or firms of sur- December 13, 1999, Deloitte Consult- veyors, to provide professional sur- ing is hereby selected from a list of Yeas: Mayor Campbell, Acting veying services on various capital firms determined after a full and Director Horvath, Director Baker, projects for a period not to exceed complete canvass by the Director of Acting Directors Brown, Konicek, one year. Public Utilities, as the firm to be DeVaul, Carroll, Smith, Glending, employed by the contact to provide Directors Hudecek, Acting Director Ord. No. 921-02. professional services for security Huth, Directors Fumich and Taylor. By Councilmen Sweeney and Jack- consulting services. son (by departmental request). Be it further resolved that the Nays: None. An emergency ordinance authoriz- Director of Public Utilities is here- Absent: Director Romero. ing the purchase by requirement by requested to enter into a contract contract of traffic signals, poles, with Deloitte Consulting based on Resolution No. 287-02. controllers, sign blanks, reflective its proposal dated February 1, 2002, By Acting Director Brown. sheeting and other related materi- which contract shall be prepared by Be it resolved by the Board of als, for the Division of Traffic Engi- the Director of Law, and which shall Control of the City of Cleveland, neering, Department of Public Ser- provide for furnishing of profes- that the bid of Terrace Construction vice. sional services as contained in said Co., Inc. for the public improvement proposal, for an aggregate fee not of Cleaning and Cement Mortar Lin- Ord. No. 922-02. in excess of $2,028,008.40, and which ing of Various Distribution Water By Councilmen Sweeney and Jack- shall contain such additional provi- Mains 2002, Area A, and a 10% con- son (by departmental request). sions as the Director of Law deems tingency allowance, for the Division An emergency ordinance authoriz- necessary to protect and benefit the of Water, Department of Public Util- ing the Director of Public Service to public interest. ities, received on April 10, 2002, pur- cause payment of the City’s share to Be it further resolved by the suant to the authority of Ordinance Cleveland Metroparks for the Scenic Board of Control of the City of No. 2350-01 passed March 11, 2002, for Byways trail and overlook construc- Cleveland that the employment of a gross price for the improvement in tion project. the following subcontractors by the aggregate amount of Three Mil- Deloitte Consulting are hereby lion Two Hundred Eighteen Thou- RESOLUTION approved: sand One Hundred Ninety Eight Dol- lars and Fifty Cents ($3,218,198.50) Res. No. 546-02. SUBCONTRACTOR is hereby affirmed and approved as By Councilman Dolan (by re- WORK the lowest responsible bid; and the quest). Direct of Public Utilities is hereby An emergency resolution declar- McGix Corporation authorized to enter into contract for ing the intention to vacate portions (MBE) $129,534.00 (7%) said improvement with said bidder. of Fernshaw Avenue and Riveredge Be it further resolved by the Road. Interconnect Cabling Board of Control of the City of Network Services Cleveland that the employment of (FBE) $73,800.00 (4%) the following subcontractors by Utilicon Corporation, for the above- BOARD OF CONTROL Ralph C. Tyler P.E.P.S., Ltd. mentioned public improvement is (MBE) $167,945.00 (9%) hereby approved:

Yeas: Mayor Campbell, Acting Subcontractor May 15, 2002 Director Horvath, Director Baker, Work Acting Directors Brown, Konicek, The regular meeting of the Board DeVaul, Carroll, Smith, Glending, RMC, Inc. of Control convened in the Mayor’s Directors Hudecek, Acting Director MBE $482,730.00 office on Wednesday, May 15, 2002, Huth, Directors Fumich and Taylor. at 10:30 a.m. with Mayor Campbell Nays: None. Rockport Construct presiding. Absent: Director Romero. FBE $160,910.00 1097 32 The City Record May 22, 2002

Yeas: Mayor Campbell, Acting provisions, as said Director deems to enter into a requirement contract Director Horvath, Director Baker, necessary to protect and benefit the for such goods and/or services, Acting Directors Brown, Konicek, public interest. which shall provide for the immedi- DeVaul, Carroll, Smith, Glending, Be it further resolved that the ate purchase as the initial amount Directors Hudecek, Romero, Acting employment of the following sub- of such contract of the following: Director Huth, Directors Fumich and consultants by Middough & Associ- Taylor. ates, Inc. for the above-mentioned Requisition No. 105840 Nays: None. contract is hereby approved: which shall be certified against Absent: None. such contract in the sum of Fifty SUBCONSULTANTS Thousand and no/100 Dollars Resolution No. 288-02. SERVICES ($50,000.00). By Acting Director Konicek. Said requirement contract shall Be it resolved by the Board of Central Engineering further provide that the Contractor Control of the City of Cleveland that (6.18% MBE) shall furnish the remainder of the pursuant to Board of Control Reso- Engineering City’s requirements for such goods lution No. 12-00, adopted January 12, and/or services, whether more or 2000, pursuant to Ordinance No. 550- DYNATECH less than said estimated quantity, as 98 passed June 15, 1998, approving (5.84% MBE) may be ordered under subsequent Camp Dresser & McKee, City Con- Engineering requisitions separately certified tract No. 56673, for professional envi- against said contract. ronmental services for the purpose KS Associates Yeas: Mayor Campbell, Acting of providing environmental remedi- (2.42% FBE) Director Horvath, Director Baker, ation and design services relating to Surveying & Mapping Acting Directors Brown, Konicek, Underground Storage Tank for the DeVaul, Carroll, Smith, Glending, Division of Cleveland Hopkins Inter- Hardlines Design Co. Directors Hudecek, Romero, Acting national Airport, Department of Port Recordation & Mitigation Director Huth, Directors Fumich and Control, the employment of the fol- Taylor. lowing subcontractor for the above- The Outside In, Inc. Nays: None. mentioned professional services pro- Landscaping Architects Absent: None. ject is hereby approved. Calvin Singleton & Associates Resolution No. 292-02. Subcontractor Architectural By Director Draper. Description Be it resolved by the Board of Van Auken Akins Control of the City of Cleveland that Belmont Laboratories Architectural pursuant to Section 181.19 (b), of the (MBE) Laboratory Services Codified Ordinances of Cleveland, Yeas: Mayor Campbell, Acting Ohio, 1976, the Commissioner of Pur- Yeas: Mayor Campbell, Acting Director Horvath, Director Baker, chases and Supplies is hereby direct- Director Horvath, Director Baker, Acting Directors Brown, Konicek, ed to offer to sell to the police offi- Acting Directors Brown, Konicek, DeVaul, Carroll, Smith, Glending, cers listed below, at their fair mar- DeVaul, Carroll, Smith, Glending, Directors Hudecek, Romero, Acting ket value, the service revolvers Directors Hudecek, Romero, Acting Director Huth, Directors Fumich and bearing the serial numbers listed to Director Huth, Directors Fumich and Taylor. the right of the respective officer’s Taylor. Nays: None. name: Nays: None. Absent: None. Absent: None. Year 2001 Resolution No. 290-02. Serial No. Resolution No. 289-02. By Acting Director Konicek. By Acting Director Konicek. Resolution by the Board of Con- Michael Kalus Be it resolved by the Board of trol of the City of Cleveland, that 9MM, 5943 YVB0152 Control of the City of Cleveland that all bids received on March 28, 2002, Kathy Cavett pursuant to Ordinances Nos. 552-2000 for labor and materials necessary to 9MM, 5943 TYP4947 and 1234-2000, passed by the Cleve- provide electrical parts and equip- Patrick Acierno land City Council on June 19, 2000 ment, for the Division of Cleveland 9MM, 6906 TCM7019 and July 17, 2000, Middough & Asso- Hopkins International Airport, Harry Gant ciates, Inc. (“Consultant”) is hereby Department of Port Control, pur- 9MM, 5943 TFL6958 selected upon the nomination of the suant to the authority of Ordinance Theresa Nagy Director of Port Control from a list No. 124-02, passed by the Council of 9MM, 5943 TYR6116 of qualified consultants available the City of Cleveland on March 25, James Simone for such employment and deter- 2002, be and the same are hereby 9MM, 5943 TVA6889 mined after a full and complete can- rejected. Frank Acierno vass by said Director as the engi- Yeas: Mayor Campbell, Acting 9MM, 5943 TVH5946 neering firm to be employed by con- Director Horvath, Director Baker, Daniel Curran tract for the purpose of providing Acting Directors Brown, Konicek, 9MM, 5943 TVA6980 design and engineering services nec- DeVaul, Carroll, Smith, Glending, Thomas Conway essary to complete the Preliminary Directors Hudecek, Romero, Acting 9MM, 5903 TCZ2156 Engineering Report (PER) Facili- Director Huth, Directors Fumich and Kenneth Zalar ties, Non-Preliminary Engineering Taylor. 9MM, 5943 TVH6017 Report Facilities, and State Historic Nays: None. John Kukolvic Preservation Officers (SHPO) Miti- Absent: None. 9MM, 5943 TFK4954 gation for the Rocket Engine Test Nathaniel Pursley Facility for the Division of Cleve- Resolution No. 291-02. 9MM, 5943 VHM0383 land Hopkins International Airport, By Director Ricchiuto. Jaqueline Bowman Department of Port Control. Be it resolved, by the Board of 9MM, 5943 TVA4914 Be it further resolved that the Control of the City of Cleveland that James Shumaker Director of Port Control is hereby the bid of The South East Chevrolet 9MM, 5943 THA0666 authorized to enter into written con- Co. d.b.a. Tony LaRiche Chevrolet Martin Dearing tract with said Consultant for ser- for an estimated quantity of Chevro- 9MM, 5943 TFK5218 vices in an amount not to exceed let parts and labor if necessary, for Gayle Miller-Coope Two Million Six Hundred and Nine- the Division of Motor Vehicle Main- ty Five Thousand Six Hundred and tenance, Department of Public Ser- 9MM, 5943 TVA6770 Forty Nine Dollars ($2,695,649.00), vice, for the period of one (1) year Arssie Taylor with options exercisable by the beginning with the date of execu- 9MM, 5943 TVB0172 Director of Port Control in writing tion of a contract, received on April William Salupo for Stage II services in an amount 11, 2002, pursuant to the authority of 9MM, 5903 TCZ2212 not to exceed One Million Four Hun- Ordinance No. 2154-01, passed by the Alan Krane dred and Fifty Thousand Dollars Council of the City of Cleveland on 9MM, 5943 THA0727 ($1,450,000.00), and Stage III ser- February 11, 2002, which on the Ronald Whitney vices in an amount not to exceed basis of the estimated quantity 9MM, 5943 TVB0210 Two Hundred Thousand Dollars would amount to One Hundred Fifty John Gannon ($200,000.00) on the basis of consul- Thousand and no/100 Dollars 9MM, 5903 TCZ2208 tant’s proposal dated April 29, 2002. ($150,000.00) (Net) is hereby Thomas Willey The contract authorized hereby affirmed and approved as the low- 9MM, 5943 TFK5027 shall be prepared by the Director of est and best bid, and the Director of Richard Zembala Law and shall contain such other Public Service is hereby requested 9MM, 6906 TCU6086 1098 May 22, 2002 The City Record 33

Frank Krob Eugene Smith Yeas: Mayor Campbell, Acting 9MM, 5943 TVH5685 9MM, 5943 TFR3737 Director Horvath, Director Baker, John Riley James Davidson Acting Directors Brown, Konicek, 9MM, 5943 TVA6898 9MM, 5943 TVB0338 DeVaul, Carroll, Smith, Glending, Martin Flask Dennis Lenarcic Directors Hudecek, Romero, Acting 9MM, 6906 TCD0011 9MM, 5943 TVH6032 Director Huth, Directors Fumich and Joseph Sidell Michael Doyle Taylor. 9MM, 5903 TCZ2204 9MM, 5943 TVH4818 Nays: None. Edward Thiery Laney Finchum Absent: None. 9MM, 5943 TVH5944 9MM, 5903 TCZ2064 Robert Klimak Gail Maxwell Resolution No. 295-02. 9MM, 5943 TFK5186 9MM, 5943 TVA6800 By Acting Director Glending. Valarie Wilson Robbin Riley Resolved, by the Board of Control 9MM, 5943 TVH5937 9MM, 5943 TFK5217 of the City of Cleveland that the bid Milan Glasney Charles Brooks of Tom Paige Catering Co. for an 9MM, 5943 TFK5017 9MM, 5943 TVB0227 estimated quantity of meals for the Alan Wieczorek Katherine Schlegel Summer Food Program (all items) 38 C507631 9MM, 5943 TVH5964 for the Division of Recreation, Mary Skoropys Marshall Sewell Department of Parks, Recreation 9MM, 5903 TCZ2328 9MM, 5943 TVH4916 and Properties, for the period three William Ober James Berry (3) months, beginning with the date 9MM, 5943 THA0747 9MM, 5943 VED5653 of execution of a contract received Timothy Coyne Daniel Zadd on the 3rd day of May 2002, pursuant 9MM, 5943 TVH4881 9MM, 5943 TVH6660 to the authority of Ordinance No. Ronald Bero Gerald Brown 2033-01, passed December 3, 2001, 9MM, 5943 TFK4971 9MM, 5943 TFL6559 which on the basis of the estimated Lawrence Forgach William Cunningham quantity would amount to One Hun- 9MM, 5943 TVA6902 9MM, 6906 TCR7807 dred Eighty Six Thousand Eight Charles Thomas William Emerick Hundred Eighteen and 30/100 Dol- 9MM, 5943 TVA6830 9MM, 5903 TCZ2265 lars ($186,818.30), is hereby affirmed William Kolberg and approved as the lowest and best Yeas: Mayor Campbell, Acting 9MM, 5943 TFK5283 bid, and the Director of Parks, Director Horvath, Director Baker, Janice Abernathy Recreation and Properties is hereby Acting Directors Brown, Konicek, 9MM, 5943 TVA6819 requested to enter into requirement DeVaul, Carroll, Smith, Glending, Carl Reddish contract for such commodities, Directors Hudecek, Romero, Acting 9MM, 5943 TFK4945 which shall provide for the immedi- ate purchase as the initial amount Director Huth, Directors Fumich and Anita Eppinger of such contract of the following: Taylor. 9MM, 5943 TNH5995 Nays: None. Mary Wise Requisition No. 118401 Absent: None. 9MM, 6906 TCY4643 which shall be certified against Verlin Peterson such contract in the sum of One Resolution No. 293-02. 9MM, 5943 THA0757 By Director Draper. Hundred Thirty One Thousand and Fred Harvey 00/100 Dollars ($131,000.00). Be it resolved by the Board of 9MM, 5943 TVH4915 Control of the City of Cleveland that Said requirement contract shall further provide that the Contractor pursuant to Section 181.19 (b), of the Yeas: Mayor Campbell, Acting Codified Ordinances of Cleveland, will furnish the remainder of the Director Horvath, Director Baker, requirement for such commodities, Ohio, 1976, the Commissioner of Pur- Acting Directors Brown, Konicek, whether more or less than said esti- chases and Supplies is hereby direct- DeVaul, Carroll, Smith, Glending, mated quantity, as may be ordered ed to offer to sell to the police offi- Directors Hudecek, Romero, Acting under subsequent requisitions sepa- cers listed below, at their fair mar- Director Huth, Directors Fumich and rately certified against said. ket value, the service revolvers Taylor. Yeas: Mayor Campbell, Acting bearing the serial numbers listed to Nays: None. Director Horvath, Director Baker, the right of the respective officer’s Absent: None. Acting Directors Brown, Konicek, name: DeVaul, Carroll, Smith, Glending, Resolution No. 294-02. Directors Hudecek, Romero, Acting Year 2000 By Acting Director Glending. Director Huth, Directors Fumich and Serial No. Be it resolved by the Board of Taylor. Patrick Aciemo Control of the City of Cleveland, Nays: None. 9MM, 5903 TCZ2244 that the bid of Envirocom Construc- Absent: None. Joseph Chojnowski tion for the public improvement of 9MM, 6906 TCV8906 Various Park Site Improvements, for Resolution No. 296-02. David Wagner Base Bid Items #C1 — #C10 and By Acting Director Glending. 9MM, 5943 TVH4917 #C13 — #C15 including the 10% con- Resolved, by the Board of Control Dennis Smith tingency for the Division of of the City of Cleveland that the bid 38 C694569 Research, Planning & Development, of Hillcrest Food Service for an esti- Frank Bibb Department of Parks, Recreation & mated quantity of various food 9MM, 5943 TVH4885 Properties, received on July 25, 2001, items (Bid I: 1 — 22) (Bid II: 23 — John Porter pursuant to the authority of Ordi- 180) for the Division of Recreation, 9MM, 6906 TCE6677 nance No. 1605-98, passed on October Department of Parks, Recreation Robert Borsuk 19, 1998, upon a unit basis for the and Properties, for the period three 9MM, 6906 TCV9048 improvement in the aggregate (3) months, beginning with the date Thomas Armelli amount of Two Hundred Twenty Six of execution of a contract received 38 8059248 Thousand Six Hundred and 00/100 on the 3rd day of May 2002, pursuant James Gajowski Dollars ($226,600.00), is hereby to the authority of Ordinance No. 2033-01, passed December 3, 2001, 38 4D82956 affirmed and approved as the low- which on the basis of the estimated Walter Skoropys est responsible bid; and the Director quantity would amount to Seventy 9MM, 5943 THAQ674 of Department of Parks, Recreation Four Thousand Three Hundred Four George Franke & Properties is hereby authorized to and 47/100 Dollars ($74,304.47), is 9MM, 5943 TVB0182 enter into contract for said improve- hereby affirmed and approved as Robert Galaszewski ment with said bidder. the lowest and best bid, and the 9MM, 5943 TYR6082 Be it further resolved by the Director of Parks, Recreation and Donald Kupiecki Board of Control of the City of Properties is hereby requested to 9MM, 5943 TVA6802 Cleveland that the employment of enter into requirement contract for David Eckstein the following subcontractors by such commodities, which shall pro- 9MM, 5903 TCZ2098 Envirocom Construction for the vide for the immediate purchase as Louis Deck aforementioned public improvement the initial amount of such contract 9MM, 5943 TYR4790 hereby is approved: of the following: Lawrence Kearsey 9MM, 5943 TFR3623 Subcontractors Requisition No. 118402 Robert Teutsch Responsibility which shall be certified against 9MM, 5943 TVB0450 such contract in the sum of Twenty Henry Tobias Able Contracting Group Five Thousand and 00/100 Dollars 9MM, 5943 TYR4906 (FBE) Fence ($25,000.00). 1099 34 The City Record May 22, 2002

Said requirement contract shall Cleveland on March 4, 2002, this Resolution No. 300-02. further provide that the Contractor Board of Control hereby approves By Director Hudecek. will furnish the remainder of the Twenty Thousand Dollars Whereas, pursuant to Ordinance requirement for such commodities, ($20,000.00) as the amount of the No. 2076-76 passed October 25, 1976, whether more or less than said esti- Mortgage Loan to Renee A. Linds- the City is conducting a Land Reuti- mated quantity, as may be ordered ley, 14219 Milverton Road, Cleve- lization Program (“Program”) in under subsequent requisitions sepa- land, Ohio 44120, as approved by the accordance with the provisions of rately certified against said. Housing Advisory Board on Febru- Chapter 5722 of the Ohio Revised Yeas: Mayor Campbell, Acting ary 27, 2001 and ratified on March Code; and Director Horvath, Director Baker, 20, 2001. Whereas, City has acquired Per- Acting Directors Brown, Konicek, Yeas: Mayor Campbell, Acting manent Parcel Nos. 126-01-109 and DeVaul, Carroll, Smith, Glending, Director Horvath, Director Baker, 126-01-105 under said Land Reuti- Directors Hudecek, Romero, Acting Acting Directors Brown, Konicek, lization Program; and Director Huth, Directors Fumich and DeVaul, Carroll, Smith, Glending, Whereas, pursuant to Ordinance Taylor. No. 2189 passed by the Council of Directors Hudecek, Romero, Acting Nays: None. the City of Cleveland on April 15, Director Huth, Directors Fumich and Absent: None. 2002, this Board of Control adopted Taylor. Resolution No. 268-02 on May 1, 2002, Resolution No. 297-02. Nays: None. authorizing the sale of Permanent By Director Hudecek. Absent: None. Parcel Nos. 126-01-109 an 126-01-105; Whereas, pursuant to the authori- and ty of Ordinance No. 287-02, passed by Resolution No. 299-02. Whereas, said Resolution No. 268- the Council of the City of Cleveland By Director Hudecek. 02 incorrectly identified the parcels on March 4, 2002, the Director of Whereas, pursuant to Ordinance as 126-01-019 and 126-01-105; now, Community Development is autho- No. 2076-76 passed October 25, 1976, therefore, rized to enter into contracts with the City is conducting a Land Reuti- Be it resolved by the Board of various individuals and/or families lization Program (“Program”) in Control of the City of Cleveland that for assistance in the financing of accordance with the provisions of Resolution No. 268-02, adopted by the housing being acquired in the City Chapter 5722 of the Ohio Revised Board of Control on May 1, 2002, is of Cleveland in order to improve the Code; and hereby amended by correcting the economic and general well-being of Whereas, under said Program, the parcel number “126-01-109”. the people of the City of Cleveland; City has acquired Permanent Parcel Be it further resolved that all and No. 118-24-084 located at 2220 East other provisions of said Resolution Whereas, the City has established 74th Street in Ward 5; and No. 268-02 not expressly amended a Housing Advisory Board to review Whereas, Section 183.021 of the hereby shall remain unchanged and the City’s comprehensive affordable Codified Ordinances of Cleveland, in full force and effect. housing strategy and various hous- Ohio, 1976 authorizes the Commis- Yeas: Mayor Campbell, Acting ing assistance programs; and sioner of Purchases and Supplies, Director Horvath, Director Baker, Whereas, the Housing Advisory when directed by the Director of Acting Directors Brown, Konicek, Board has reviewed and approved Community Development and when DeVaul, Carroll, Smith, Glending, the proposed mortgage loan and/or certain specified conditions have Directors Hudecek, Romero, Acting grant assistance to home buyers pro- been met, to sell Land Reutilization Director Huth, Directors Fumich and gram; now, therefore, Program parcels to adjacent or abut- Taylor. Be it resolved by the Board of ting landowners; and Nays: None. Control of the City of Cleveland that Whereas, Inez Thompson, abut- Absent: None. pursuant to Ordinance No. 287-02, ting/adjacent landowner, has pro- passed by the Council of the City of Resolution No. 301-02. posed to the City to purchase and Cleveland on March 4, 2002, this By Director Ricchiuto. develop said parcel; and Board of Control hereby approves Be it resolved, by the Board of Twenty Thousand Dollars Whereas, the following conditions Control of the City of Cleveland that ($20,000.00) as the amount of the exist: the bid of Petroleum Traders Cor- Mortgage Loan to Lillian M. Taylor, 1. The member of Council from poration for an estimated quantity 14215 Milverton Road, Cleveland, Ward 5 has consented to the pro- of gasoline item 1 (a, b) and item 3 Ohio 44120, as approved by the Hous- posed sale; (a, b), for the Division of Motor ing Advisory Board on February 27, 2. The parcel is either less than Vehicle Maintenance, Department of 2001 and ratified on March 20, 2001. 4,800 square feet or less than 40 feet Public Service, for the period of one Yeas: Mayor Campbell, Acting frontage; (1) year beginning with the date of Director Horvath, Director Baker, 3. The proposed purchaser of said execution of a contract, received on Acting Directors Brown, Konicek, parcel is neither tax delinquent nor May 10, 2002, pursuant to the author- DeVaul, Carroll, Smith, Glending, in violation of the Building and ity of Ordinance No. 353-02, passed Directors Hudecek, Romero, Acting Housing Code; now, therefore, by the Council of the City of Cleve- Director Huth, Directors Fumich and Be it resolved by the Board of land on April 1, 2002, which on the Taylor. Control of the City of Cleveland that basis of the estimated quantity Nays: None. pursuant to Section 183.021 of Codi- would amount to Five Hundred Absent: None. fied Ordinances of Cleveland, Ohio Twenty One Thousand Five Hun- 1976, the Commissioner of Purchas- dred Sixty One and 60/100 Dollars Resolution No. 298-02. es and Supplies is authorized, when ($521,561.60) (0% 30 Days) is here- By Director Hudecek. directed by the Director of Commu- by affirmed and approved as the Whereas, pursuant to the authori- nity Development, and the Mayor is lowest and best bid, and the Direc- ty of Ordinance No. 287-02, passed by hereby requested to execute an Offi- tor of Public Service is hereby the Council of the City of Cleveland cial Deed for and on behalf of the requested to enter into a require- on March 4, 2002, the Director of City of Cleveland, with Inez Thomp- ment contract for such goods and/or Community Development is autho- son for the sale and development of services, which shall provide for the rized to enter into contracts with Permanent Parcel No. 118-24-084 immediate purchase as the initial various individuals and/or families located at 2220 East 74th Street, in amount of such contract of the fol- for assistance in the financing of accordance with the Land Reuti- lowing: housing being acquired in the City lization Program in such manner as of Cleveland in order to improve the Requisition No. 105850 best carries out the intent of said economic and general well-being of which shall be certified against program. the people of the City of Cleveland; such contract in the sum of Two Be it further resolved that the con- and Hundred Thousand and no/100 Dol- Whereas, the City has established sideration for said parcel shall be lars ($200,000.00). a Housing Advisory Board to review $1.00, which amount is hereby deter- Said requirement contract shall the City’s comprehensive affordable mined to be not less than the Fair further provide that the Contractor housing strategy and various hous- Market value of said parcel for uses shall furnish the remainder of the ing assistance programs; and in accordance with said Program. City’s requirements for such goods Whereas, the Housing Advisory Yeas: Mayor Campbell, Acting and/or services, whether more or Board has reviewed and approved Director Horvath, Director Baker, less than said estimated quantity, as the proposed mortgage loan and/or Acting Directors Brown, Konicek, may be ordered under subsequent grant assistance to home buyers pro- DeVaul, Carroll, Smith, Glending, requisitions separately certified gram; now, therefore, Directors Hudecek, Romero, Acting against said contract. Be it resolved by the Board of Director Huth, Directors Fumich and Be it further resolved by the Control of the City of Cleveland that Taylor. Board of Control of the City of pursuant to Ordinance No. 287-02, Nays: None. Cleveland that the employment of passed by the Council of the City of Absent: None. the following subcontractor by 1100 May 22, 2002 The City Record 35

Petroleum Traders Corporation, for EXAMINATION RESULTS: Each Calendar No. 02-107: 2386 Unwin the purchase of gasoline item 1 (a, applicant whether passing or failing Road (Ward 5) b) and item 3 (a, b), is hereby will be notified of the results of the Cuyahoga Metropolitan Housing, approved: examination as soon as the com- owner c/o Paul Dion, agent, appeal mission has graded the papers. to establish use of space for a day American Merchandising Thereafter, eligible lists will be care facility in a 226' x 227' one- MBE — $78,234.24 established which will consist of the story building to be situated on an names of those candidates who have acreage parcel located in a Multi- Yeas: Mayor Campbell, Acting been successful in all parts of the Family District on the west side of Director Horvath, Director Baker, examination. Unwin Road at 2386 Unwin Road; Acting Directors Brown, Konicek, PHYSICAL EXAMINATION: All said use being contrary to the Res- DeVaul, Carroll, Smith, Glending, candidates for original entrance posi- idential District, by reference as Directors Hudecek, Romero, Acting tions who are successful in other Director Huth, Directors Fumich and parts of the examinations must sub- regulated by the One-Family Dis- Taylor. mit to a physical examination. trict in Section 337.02(f)(3)(C) and Nays: None. the proposed use is in a Multi-Fam- Absent: None. ANNE BLOOMBERG, ily District and subject to the regu- President lations of Section 337.08(e)(3), Resolution No. 302-02. where a day care, if located less By Director Ricchiuto. than 15' from any adjoining premis- Be it resolved, by the Board of SCHEDULE OF THE BOARD es in a Multi-Family District not Control of the City of Cleveland that OF ZONING APPEALS used for a similar purpose, requires the bid of Universal Oil, Inc. for an the Board of Zoning Appeals estimated quantity of gasoline item approval. 2 (a, b), for the Division of Motor MONDAY, JUNE 3, 2002 Vehicle Maintenance, Department of Calendar No. 02-108: 2609 West 18th 9:30 A.M. Public Service, for the period of one Street (Ward 14) (1) year beginning with the date of Luis and Carmen Ramos, owners, Calendar No. 02-104: 3438 East 137th execution of a contract, received on appeal to enclose an existing 6'-10" May 10, 2002, pursuant to the author- Street (Ward 4) Mount Pleasant Development Cor- x 20' first floor, open front porch of ity of Ordinance No. 353-02, passed an existing 20' x 48' one family by the Council of the City of Cleve- poration, owner c/o Calvin Reid, house all situated on a 25' x 80' par- land on April 1, 2002, which on the agent, appeals to change the use of basis of the estimated quantity an existing two dwelling house into cel located in a Semi-Industry Dis- would amount to One Million Seven office spaces and a conference room trict on the east side of West 18th Thousand Eight Hundred Ten and all situated on a 47' x 69' parcel Street at 2609 West 18th Street; said no/100 Dollars ($1,007,810.00) (Net) located in a One-Family District on porch enclosure being contrary to is hereby affirmed and approved as the west side of East 137th Street at the Yards and Courts Requirements, the lowest and best bid, and the 3438 East 137th Street; said change where a projection of 6' is proposed Director of Public Service is hereby of use being contrary to the Resi- and enclosed porches or vestibules requested to enter into a require- dential District Requirements of Sec- shall not project more than 4' as ment contract for such goods and/or tion 337.02, where office space is not stated in Section 367.13(b)(4) of the services, which shall provide for the permitted in a One-Family District Codified Ordinances. immediate purchase as the initial but first permitted in a Local Retail amount of such contract of the fol- Business District if it does not EUGENE CRANFORD, JR., lowing: exceed 5 persons at any given time Secretary and contrary to the Off-Street Park- Requisition No. 105848 ing and Loading Requirements, which shall be certified against where no parking spaces are pro- REPORT OF THE BOARD such contract in the sum of Four posed and 4 are required as stated Hundred Thousand and no/100 Dol- in Section 349.04(g) of the Codified OF ZONING APPEALS lars ($400,000.00). Ordinances. Said requirement contract shall MONDAY, MAY 20, 2002 further provide that the Contractor Calendar No. 02-105: 10307 Detroit shall furnish the remainder of the Avenue (Ward 19) At the meeting of the Board of City’s requirements for such goods Chicle Properties, Inc., owners c/o Zoning Appeals on Monday, May 20, and/or services, whether more or Betty J. Kemper, agent, appeal to 2002, the following appeals were less than said estimated quantity, as change the use of an existing heard by the Board: may be ordered under subsequent approximate 85' x 100' three-story masonry industrial building into 23 requisitions separately certified The following appeals were Ap- against said contract. apartment units and one office proved: Yeas: Mayor Campbell, Acting space with indoor and surface park- Director Horvath, Director Baker, ing, all situated on an irregular Acting Directors Brown, Konicek, shaped corner parcel located in a Calendar No. 02-80: 3154 West 82nd DeVaul, Carroll, Smith, Glending, Residence Office District on the Street Directors Hudecek, Romero, Acting westerly side of Detroit Avenue at Nydia Pagan, owner, appealed to Director Huth, Directors Fumich and 10307 Detroit Avenue; said change of install a 4' high chain link fence to Taylor. use being contrary to the Area the front (east) of a 35' x 124' par- Nays: None. Requirements, where in a “C” area cel in a One-Family District. Absent: None. district, the gross floor area cannot exceed one-half the lot area as stat- Calendar No. 02-81: 3815 John JEFFREY B. MARKS, ed in Section 355.04 of the Codified Avenue Secretary Ordinances. Guy Singer, owner, appealed to construct a 20' x 27' one-story, Calendar No. 02-106: 2296 Thurman frame accessory garage with a deck CIVIL SERVICE NOTICES Avenue (Ward 13) on top on a 32' x 132' parcel in a ______Frank Richards, owner, appeals to Two-Family District. construct a 23' x 38' one-story General Information frame accessory garage with a Calendar No. 02-82: 16009 West Park gable roof to be situated on an Road Application blanks and informa- approximate 66' x 67' parcel locat- Chris Chillemi, owner, appealed to tion, regarding minimum entrance ed in a Two-Family District on the construct a 22' x 32' one-story, west side of Thurman Avenue at qualifications, scope of examination, frame accessory garage on a 53' x and suggested reference materials 2296 Thurman Avenue; said con- 273' parcel in a One-Family District. may be obtained at the office of the struction being contrary to the Res- Civil Service Commission, Room 119, idential District Requirements of City Hall, East 6th Street, and Lake- Section 337.23(A), where accessory Calendar No. 02-86: 7422 Harvard side Avenue. buildings shall be located on the Avenue Application blanks must be prop- rear half of the lot in which case Dan Sultzman, dba Dave’s, erly filled out on the official form the proposed building is required to appealed to construct a 170' x 286' prescribed by the Civil Service Com- be set back 33' and 25' is proposed grocery store with 138 parking mission and filed at the office of the and an 874 sq. ft. garage is proposed spaces on a 233' x 581' parcel in commission not later than the final and the allowed area is 650 sq. ft. zoning for General Retail Business, closing date slated in the examina- as stated in Section 337.23(7)(A) of Semi-Industry and Two-Family Dis- tion announcement. the Codified Ordinances. tricts. 1101 36 The City Record May 22, 2002

Calendar No. 02-99: 3939 Payne The following appeals were heard CITY OF CLEVELAND BIDS Avenue by the Board on Monday, May 6, Michael Chesler and Terry Coyne, 2002, and said decisions were adopt- owners, appealed to change the use ed and approved on May 20, 2002: For All Departments of a one-story masonry building into an animal care facility and kennel Sealed bids will be received at the in a Residence Industry District. The following appeals were Ap- office of the Commissioner of Pur- proved: chases and Supplies, Room 128, City Calendar No. 02-101: 4253 Fulton Hall, in accordance with the append- Road Calendar No. 02-38: 811 College ed schedule, and will be opened and Memphis Fulton Association, Avenue read in Room 128, City Hall, imme- owner, appealed to change the use Thomas Leneghan, owner, diately thereafter. of a one-story 72' x 110' retail store appealed to construct a patron park- Each bid must be made in accor- tenant space area into a fitness cen- ing lot on a vacant parcel in a Two- dance with the specifications and ter in a Shopping Center District. Family District. must be submitted on the blanks supplied for the purpose, all of The following appeals were Post- Calendar No. 02-39: 2309 Professor which may be obtained at the office poned: of the said Commissioner of Pur- Street chases and Supplies, but no bid will Calendar No. 02-85: 9722 Yeakel Thomas Leneghan, owner, be considered unless delivered to Avenue postponed to June 3, 2002. appealed to construct a patron park- the office of the said commissioner ing lot on a vacant parcel in a Gen- Calendar No. 02-87: 16600 Lorain previous to 12:00 noon (Eastern eral Retail Business District. Avenue postponed to June 24, Standard Time) on the date speci- 2002. fied in the schedule. Calendar No. 02-73: 2787 East 124th 187.10 Negotiated contracts; Notice On Monday, May 20, 2002, in Exec- Street required in Advertisement for Bids. utive Session: Theresa Williams, owner, Where invitations for bids are appealed to enclose a second story, advertised, the following notice shall be included in the advertise- The following appeals were heard open front porch of a two family ment: “Pursuant to the MBE/FBE by the Board on Monday, May 13, house in a Two-Family District. 2002, and said decisions were adopt- Code, each prime bidder, each minor- ed and approved in Executive Ses- ity business enterprise (“MBE”) and sion on May 20, 2002: EUGENE CRANFORD, JR., each female business enterprise Secretary (“FBE”) must be certified before The following appeals were Ap- doing business with the City. There- proved: fore, any prime contractor wishing REPORT OF THE BOARD to receive credit for using an MBE Calendar No. 02-74: 5021 Pearl Road OF BUILDING STANDARDS or FBE should ensure that applica- Don Petruzzi dba Don’s Chevrolet, AND BUILDING APPEALS tions for certification as to MBE or owner, appealed to install a 56' high FBE status compliance with the pole sign with a 640 sq. ft. illumi- Code, affirmative action in employ- nated cabinet in addition to an NO MEETING ment and, if applicable, joint ven- existing free-standing business iden- ture status, are submitted to the tification sign in a General Retail Office of Equal Opportunity Business District. (“OEO”) prior to the date of bid opening or submission of proposals Calendar No. 02-76: 6202 St. Clair PUBLIC NOTICE or as specified by the Director. Fail- Avenue ure to comply with the business McGregor Development, owners, enterprise code or with representa- appealed to convert a former first tions made on these forms may floor retail space of a 49' x 120'-6" NONE two-story retail building into 7 new result in cancellation of the contract or other civil or criminal penalties.” apartment units in a Local Retail NOTICE OF PUBLIC HEARING Business District. WEDNESDAY, JUNE 5, 2002 Calendar No. 02-77: 13511 Union Avenue Notice of Public Hearing The Purchase of Various Items of Fence Installation and/or Repair, Burger King Corporation, owner, By the Council Committee for the Division of Cleveland Pub- and Mt. Pleasant Development Cor- On City Planning poration appealed to construct a lic Power, Department of Public 43,000 sq. ft. three-story, 39 unit Utilities, as authorized by Ordi- elderly housing complex in split Mercedes Cotner nance No. 2358-01, passed by Coun- zoning between General Retail Busi- Committee Room 217 cil of the City of Cleveland, on ness and Semi-Industry Districts; City Hall, Cleveland, Ohio February 11, 2002. subject to conditions. On Wednesday, May 29, 2002 THERE WILL BE A MANDATORY 1:00 P.M. PRE-BID MEETING ON WEDNES- Calendar No. 02-83: 3593-3609 East DAY, MAY 22, 2002 AT 10:00 A.M. 65th Street (Units 1-4) Notice is hereby given to all inter- AT CLEVELAND PUBLIC POWER, LOCATED AT 1300 Broadway Area Housing and Slav- ested property owners that the ic Village Development appealed to LAKESIDE AVENUE, CLEVE- construct a 48' x 88' two-story, Council Committee on City Planning LAND, OHIO 44114. frame 4 unit townhouse building on will hold a Public Hearing in the a 160' x 200' parcel in a Local Mercedes Cotner Committee Room Labor and Materials Necessary for Retail Business District. 217, City Hall, Cleveland, Ohio, on Painting and Paint Removal on Wednesday, May 29, 2002, at 1:00 Roadways, Runways, and other Calendar No. 02-84: 3593-3609 East p.m., to consider the following ordi- Paved Areas, for the Various Divi- 65th Street (Units 5-8) nance now pending in the Council: sions of the Department of Port Broadway Area Housing and Slav- Control, as authorized by Ordi- ic Village Development appealed to Ord. No. 944-02. nance No. 128-02, passed by Coun- construct a 48' x 88' two-story, By Councilman Zone. cil of the City of Cleveland, March frame 4 unit townhouse building on 25, 2002. a 160' x 200' parcel in a Local To change the zoning of proper- Retail Business District. ties on the southeast and southwest Service Fittings, for the Division of corners of West 54th Street and Her- Water, Department of Public Util- Calendar No. 02-44: 2141 West 28th man Avenue Road. (Map Change No. ities as authorized by Section Street 2046, Sheet No. 1) 129.25 of the Codified Ordinances Bruce Hedderson appealed to con- of Cleveland, Ohio, 1976. struct a two-story, one family All interested persons are urged THERE WILL BE A MANDATORY dwelling house on a 32' x 119.50' PRE-BID MEETING ON FRIDAY, parcel in a Two-Family District; to be present or to be represented at the above time and place. MAY 24, 2002, AT 10:30 A.M., AT subject to conditions. THE DIVISION OF WATER-DIS- Calendar No. 02-45: 2149 West 28th TRIBUTION & MAINTENANCE, JOSEPH C. CIMPERMAN Street 4600 HARVARD AVENUE, Bruce Hedderson appealed to con- Chairman CLEVELAND, OHIO 44105, PIPE struct a 25' x 49' two-story, one Committee on City Planning REPAIR CONFERENCE ROOM. family dwelling house on a 33' x 119.50' parcel in a Two-Family Dis- trict; subject to conditions. May 15, 2002 and May 22, 2002 May 15, 2002 and May 22, 2002 1102 May 22, 2002 The City Record 37

THURSDAY, JUNE 6, 2002 WEDNESDAY, JUNE 12, 2002 Situated in the City of Cleveland, County of Cuyahoga and State of Night Vision Binoculars, for the Personal Protective Equipment- Ohio, and being all that portion of Division of Police, Department of Level A Suits, for the Division of the Northeasterly 10.00 feet by rec- Public Safety, as authorized by Fire, Department of Public Safety, tangular measurement of Oliver Ordinance No. 497-01, passed by as authorized by Ordinance No. Road S.W. (50.00 feet wide) extend- Council of the City of Cleveland, 1726-98, passed by Council of the ing Southeasterly from the Souther- May 21, 2001. City of Cleveland, November 16, ly line of Jasper Avenue S.W. (60.00 1998. feet wide), to its intersection with the Westerly line of a parcel of land May 15, 2002 and May 22, 2002 Diving Dry-Suits for the Harbor conveyed to Leonard N. & M. J. Andreasik by deed recorded in Vol- FRIDAY, JUNE 7, 2002 Unit, for the Division of Police, Department of Public Safety, as ume 41339, Page 66 of Cuyahoga County Records. authorized by Ordinance No. 497- Rental and/or Purchase of Flashers, Section 2. That this resolution is 01, passed by Council of the City Safety Lights, Arrow Bars and hereby declared to be an emergency Traffic Control Devices, for the of Cleveland, May 21, 2001. measure and, provided it receives Various Divisions of the Depart- the affirmative vote of two-thirds of ment of Public Utilities, as autho- Unarmed, Uniform Security Guard all the members elected to Council, rized by Ordinance No. 1160-01, Services, for the Various Divisions it shall take effect and be in force passed by Council of the City of of the Department of Port Control, immediately upon its adoption and Cleveland, July 18, 2001. as authorized by Ordinance No. approval by the Mayor; otherwise it THERE WILL BE A MANDATORY 127-02, passed by Council of the shall take effect and be in force PRE-BID MEETING ON THURS- City of Cleveland, April 22, 2002. from and after the earliest period DAY, MAY 23, 2002, AT 2:30 P.M. allowed by law. AT THE DIVISION OF WATER, May 22, 2002 and May 29, 2002 Adopted May 13, 2002. 4th FLOOR ATRIUM CONFER- Effective May 20, 2002. ENCE ROOM, 1201 LAKESIDE AVENUE, CLEVELAND, OHIO THURSDAY, JUNE 13, 2002 44114. Res. No. 951-02. Vehicle Maintenance Equipment, for By Councilman Britt. the Division of Cleveland Public May 15, 2002 and May 22, 2002 An emergency resolution with- Power, Department of Public Safe- drawing objection to the renewal of ty, as authorized by Ordinance No. a C2 and C2X Liquor Permit to 1930 WEDNESDAY, JUNE 12, 2002 843-01, passed by Council of the East 79th Street and repealing Res- City of Cleveland, June 11, 2001. olution No. 1583-01, objecting to said Repair of 1750 HP Synchronous THERE WILL BE A MANDATORY renewal. Motor Unit #58 2nd High Service PRE-BID MEETING ON THURS- Whereas, this Council objected to Pump at Fairmount Pump Station, DAY, MAY 30, 2002, AT 2:00 P.M., the renewal of a C2 and C2X Liquor for the Division of Water, Depart- LOCATED AT CLEVELAND PUB- Permit to 1930 East 79th Street Res- ment of Public Utilities, as autho- LIC POWER, 1300 LAKESIDE olution No. 1583-01 adopted by Coun- rized by Ordinance No. 2352-01, AVENUE, CLEVELAND, OHIO cil on August 15, 2001; and passed by Council of the City of 44114. Whereas, this Council wishes to Cleveland, March 4, 2002. withdraw its objection to the above THERE WILL BE A PRE-BID Automotive Parts and Supplies, for renewal and hereby consents to said MEETING ON WEDNESDAY, the Repair, Replacement and renewal pursuant to the Cooperation MAY 22, 2002, AT 10:00 A.M. AT Maintenance of Airport Mainte- Agreement by and through Patricia THE CARL B. STOKES, PUBLIC nance Vehicles and Equipment for J. Britt and Rosita Kutkut, Presi- UTILITIES BUILDING, AUDITO- Subject Items No. 5, for the Vari- dent of Casciana Corporation, DBA RIUM-1st FLOOR, 1201 LAKE- ous Divisions of the Department Quik Pik Market, 1930 East 79th SIDE AVENUE, CLEVELAND, of Port Control, as authorized by Street, Cleveland, Ohio 44103, Permit OHIO 44114, FOLLOWED BY SITE Ordinance No. 1003-01, passed by Number 1302675, and executed by VISIT AT FAIRMOUNT PUMP Council of the City of Cleveland, Susan M. Bungard, Assistant Direc- STATION, 2316 WOODHILL June 19, 2001. tor of Law; and ROAD, CLEVELAND, OHIO. Whereas, this resolution consti- WEDNESDAY, JUNE 26, 2002 tutes an emergency measure provid- May 15, 2002 and May 22, 2002 ing for the usual daily operation of a municipal department; now, there- Hauling and Disposing of Water fore, FRIDAY, JUNE 14, 2002 Plant Residuals, for the Division Be it resolved by the Council of of Water Department of Public the City of Cleveland: Labor and Materials to Repair or Utilities, as authorized by Ordi- Replace Roofs, for the Division of Section 1. That objection to the nance No. 213-02, passed by Coun- C2 and C2X Liquor Permit to 1930 Water, Department of Public Util- cil of the City of Cleveland, April East 79th Street be and the same is ities, as authorized by Ordinance 8, 2002. hereby withdrawn and Resolution No. 1147-01, passed by Council of No. 1583-01, containing said objec- the City of Cleveland, July 18, May 22, 2002 and May 29, 2002 tion, be and the same is hereby 2001. repealed and that this Council con- THERE WILL BE A MANDATORY sents to the immediate renewal PRE-BID MEETING ON WEDNES- thereof. DAY, MAY 29, 2002, AT 11:00 A.M. ADOPTED RESOLUTIONS Section 2. That this resolution is AT THE 2nd FLOOR ATRIUM hereby declared to be an emergency CONFERENCE ROOM, 1201 AND ORDINANCES measure and, provided it receives LAKESIDE AVENUE, CLEVE- ______the affirmative vote of two-thirds of LAND, OHIO 44114. all the members elected to Council, Res. No. 230-02. it shall take effect and be in force immediately upon its adoption and May 15, 2002 and May 22, 2002 By Councilman Brady (by re- approval by the Mayor; otherwise it quest). THURSDAY, JUNE 27, 2002 shall take effect and be in force An emergency resolution declar- from and after the earliest period ing the intention to vacate a portion Addition of Autosampler to Existing allowed by law. of Oliver Road S.W. Varian Gas Chromatograph Mass Adopted May 13, 2002. Spectrometer and Accessories, for Whereas, this Council; is satisfied Effective May 20, 2002. the Division of Water, Department that there is good cause to vacate a of Public Utilities, as authorized portion of Oliver Road S.W. as here- by Section 129.28, of the Codified inafter described; and Res. No. 952-02. Ordinances of Cleveland, Ohio, Whereas, this resolution consti- By Councilman Conwell. 1976. tutes an emergency measure in that An emergency resolution object- THERE WILL BE A MANDATORY the same provides for the usual ing to the stock transfer of a D5 PRE-BID MEETING, WEDNES- daily operation of a municipal Liquor Permit to 11239-43 Superior Avenue. DAY, JUNE 5, 2002, AT 1:00 P.M., department; now, therefore, Whereas, Council has been noti- LOCATED AT CARL B. STOKES, Be it resolved by the Council of PUBLIC UTILITIES BUILDING, fied by the Department of Liquor the City of Cleveland: Control of an application for a stock 1201 LAKESIDE AVENUE, Section 1. That it hereby declares CLEVELAND, OHIO 44114. transfer of a D5 Liquor Permit to its intention to vacate portions of Formosa Tavern, Inc., 11239-43 Supe- the following described real proper- rior Avenue, Cleveland, Ohio 44106 May 15, 2002 and May 22, 2002 ty: Permanent Number 2821935; and 1103 38 The City Record May 22, 2002

Whereas, the granting of this Whereas, the granting of this Whereas, Cleveland City Council application for a liquor permit to application for a liquor permit to was greatly concerned about the this high crime area, which is this high crime area, which is impact of the proposed school clo- already saturated with other liquor already saturated with other liquor sures on our neighborhoods; and outlets, is contrary to the best inter- outlets, is contrary to the best inter- Whereas, subsequent to the an- ests of the entire community; and ests of the entire community; and nouncement by the Cleveland Board Whereas, the applicant does not Whereas, the applicant does not of Education, members of Council qualify to be a permit holder and/or qualify to be a permit holder and/or held a public hearing with Barbara has demonstrated that he has oper- has demonstrated that he has oper- Byrd Bennett, CEO of the School ated his liquor business in disregard ated his liquor business in disregard District, and other school adminis- of the laws, regulations or local of the laws, regulations or local trators to gain an understanding of ordinances of this state or any other ordinances of this state or any other the rationale and process surround- state; and state; and ing the proposed school closures; Whereas, the place for which the Whereas, the place for which the and permit is sought has not conformed permit is sought has not conformed Whereas, since that initial hear- to the building, safety or health to the building, safety or health ing before Cleveland City Council, requirements of the governing body requirements of the governing body there have been a number of pro- of this County or City; and of this County or City; and ductive meetings to determine the Whereas, the place for which the Whereas, the place for which the most effective manner to educate permit is sought is so arranged or permit is sought is so arranged or our children in their neighborhood constructed that law enforcement constructed that law enforcement schools while dealing with the eco- officers or agents of the Department officers or agents of the Department nomic and administrative con- of Liquor Control are prevented rea- of Liquor Control are prevented rea- straints facing the School District; sonable access to the establishment; sonable access to the establishment; and and and Whereas, a vital school is neces- Whereas, the place for which the Whereas, the place for which the sary in order for a neighborhood to permit is sought is so located with permit is sought is so located with retain its vitality; and respect to the neighborhood that it respect to the neighborhood that it Whereas, residents of Ward 16 substantially interferes with public substantially interferes with public with children attending William decency, sobriety, peace or good decency, sobriety, peace or good Cullen Bryant Elementary School order; and order; and located on Oak Park Avenue are Whereas, this objection is based Whereas, this objection is based hopeful that the Cleveland Board of on other legal grounds as set forth on other legal grounds as set forth Education will act fairly and rea- in Revised Code Section 4303.292; in Revised Code Section 4303.292; sonably in dealing with the sensi- and and tive issue of school closures; and Whereas, this resolution consti- Whereas, this resolution consti- Whereas, this resolution consti- tutes an emergency measure provid- tutes an emergency measure provid- tutes an emergency measure provid- ing for the immediate preservation ing for the immediate preservation ing for the immediate preservation of the public peace, prosperity, safe- of the public peace, prosperity, safe- of the public safety, welfare and ty and welfare pursuant to Section ty and welfare pursuant to Section health; now therefore, 4303.26 of the Ohio Revised Code. 4303.26 of the Ohio Revised Code. Be it resolved by the Council of Council’s objection to said permit Council’s objection to said permit the City of Cleveland: must be received by the Director of must be received by the Director of Section 1. That this Council of the Liquor Control within 30 days of Liquor Control within 30 days of City of Cleveland urges the Cleve- notification; now, therefore, notification; now, therefore, land Board of Education to continue Be it resolved by the Council of Be it resolved by the Council of its reevaluation of proposed school the City of Cleveland: the City of Cleveland: closures to prevent the closure of Section 1. That Council does Section 1. That Council does here- William Cullen Bryant Elementary hereby record its objection to the by record its objection to the trans- School located on Oak Park Avenue stock transfer of a D5 Liquor Per- fer of ownership of a C2 and C2X in Ward 16. mit to Formosa Tavern, Inc., 11239- Liquor Permit to Yasmene, Inc., Section 2. That this resolution is 43 Superior Avenue, Cleveland, Ohio DBA Mickeys River Market, 1199 hereby declared to be an emergency 44106, Permanent Number 2821935, Addison Road, Cleveland, Ohio measure and, provided it receives and requests the Director of Liquor 44103, Permanent Number 9821095, the affirmative vote of two-thirds of Control to set a hearing for said and requests the Director of Liquor all the members elected to Council, application in accordance with pro- Control to set a hearing for said it shall take effect and be in force visions of Section 4303.26 of the application in accordance with pro- immediately upon its adoption and Revised Code of Ohio. visions of Section 4303.26 of the approval by the Mayor; otherwise it Section 2. That the Clerk of Coun- Revised Code of Ohio. shall take effect and be in force cil be and she is hereby directed to Section 2. That the Clerk of Coun- from and after the earliest period transmit two certified copies of this cil be and she is hereby directed to allowed by law. resolution, together with two copies transmit two certified copies of this Adopted May 13, 2002. of a letter of objection and two resolution, together with two copies Effective May 20, 2002. copies of a letter requesting that the of a letter of objection and two hearing be held in Cleveland, Cuya- copies of a letter requesting that the hoga County. hearing be held in Cleveland, Cuya- Res. No. 955-02. Section 3. That this resolution is hoga County. By Councilman Pierce Scott. hereby declared to be an emergency Section 3. That this resolution is An emergency resolution with- measure and, provided it receives hereby declared to be an emergency drawing objection to the renewal of the affirmative vote of two-thirds of measure and, provided it receives a C2 and C2X Liquor Permit to 863- all the members elected to Council, the affirmative vote of two-thirds of 71 East 93rd Street and repealing it shall take effect and be in force all the members elected to Council, Resolution No. 1620-01, objecting to immediately upon its adoption and it shall take effect and be in force said renewal. approval by the Mayor; otherwise it immediately upon its adoption and Whereas, this Council objected to shall take effect and be in force approval by the Mayor; otherwise it the renewal of a C2 and C2X Liquor from and after the earliest period shall take effect and be in force Permit to 863-71 East 93rd Street by allowed by law. from and after the earliest period Resolution No. 1620-01 adopted by Adopted May 13, 2002. allowed by law. Council on August 15, 2001; and Effective May 20, 2002. Adopted May 13, 2002. Whereas, this Council wishes to Effective May 20, 2002. withdraw its objection to the above renewal and hereby consents to said Res. No. 953-02. renewal pursuant to the Cooperation By Councilman Lewis. Res. No. 954-02. Agreement by and through Sabra An emergency resolution object- By Councilman O’Malley. Pierce Scott and Ibrahim Najjar, ing to the transfer of ownership of An emergency resolution urging President of Samia, Inc., DBA Con- a C2 and C2X Liquor Permit to 1199 the Cleveland Board of Education to venience Deli, 863-71 East 93rd Addison Road. continue its evaluation of proposed Street, Cleveland, Ohio 44108, Permit Whereas, Council has been noti- school closures to prevent the Clo- No. 7702571, and executed by Susan fied by the Department of Liquor sure of William Cullen Bryant Ele- M. Bungard, Assistant Director of Control of an application for the mentary School in Ward 16. Law; and transfer of ownership of a C2 and Whereas, in late March, the Cleve- Whereas, this resolution consti- C2X Liquor Permit to Yasmene, Inc., land Board of Education announced tutes an emergency measure for the DBA Mickeys River Market, 1199 the proposed closure of a number of immediate preservation of public Addison Road, Cleveland, Ohio schools throughout the City of peace, property, health or safety, 44103, Permanent Number 9821095. Cleveland; and now, therefore, 1104 May 22, 2002 The City Record 39

Be it resolved by the Council of of a letter of objection and two sion of Water, unless, pursuant to the City of Cleveland: copies of a letter requesting that the the applicable sections of this chap- Section 1. That objection to the C2 hearing be held in Cleveland, Cuya- ter, such person first pays for the and C2X Liquor Permit to 863-71 hoga County. same and receives the usual permit East 93rd Street be and the same is Section 3. That this resolution is from the Commissioner of Water to hereby withdrawn and Resolution hereby declared to be an emergency do so, except for the extinguishment No. 1620-01, containing said objec- tion, be and the same is hereby measure and, provided it receives of fires. repealed and that this Council con- the affirmative vote of two-thirds of (b) Whoever violates the provi- sents to the immediate renewal all the members elected to Council, sions of this section shall be fined thereof. it shall take effect and be in force $150.00. A separate offense shall be Section 2. That this resolution is immediately upon its adoption and deemed committed each day during hereby declared to be an emergency approval by the Mayor; otherwise it or on which a violation continues or measure and, provided it receives shall take effect and be in force occurs. the affirmative vote of two-thirds of from and after the earliest period Section 2. That existing Section all the members elected to Council, allowed by law. 535.37 of the Codified Ordinances of it shall take effect and be in force Adopted May 13, 2002. Cleveland, Ohio, 1976, as enacted by immediately upon its adoption and Effective May 20, 2002. Ordinance No. 63410-A passed Sep- approval by the Mayor; otherwise it shall take effect and be in force tember 22, 1924 is hereby repealed. from and after the earliest period Section 3. That this ordinance is allowed by law. Res. No. 957-02. hereby declared to be an emergency Adopted May 13, 2002. By Councilman White. measure and, provided it receives Effective May 20, 2002. An emergency resolution with- the affirmative vote of two-thirds of drawing objection to the transfer of all the members elected to Council, ownership of a C2 and C2X Liquor it shall take effect and be in force Res. No. 956-02. Permit to 10808 Dove Avenue and immediately upon its passage and By Councilman Polensek. repealing Resolution No. 565-02, approval by the Mayor; otherwise it An emergency resolution object- objecting to said transfer. shall take effect and be in force ing to the issuance of a New C1 Whereas, this Council objected to from and after the earliest period Liquor Permit to 15638 Holmes the transfer of ownership of a C2 allowed by law. Avenue. and C2X Liquor Permit to 10808 Passed May 13, 2002. Whereas, Council has been noti- fied by the Department of Liquor Dove Avenue by Resolution No. 565- Effective May 20, 2002. Control of an application for the 02 adopted by Council on March 25, issuance of a New C1 Liquor Permit 2002; and to Tamara Tait, DBA R & T Resale Whereas, this Council wishes to Ord. No. 1982-01. and Variety, 15638 Holmes Avenue, withdraw its objection to the above By Councilmen Jones, Polensek, Cleveland, Ohio 44110, Permanent transfer and consents to said trans- Lewis, Cimperman, Jackson and Pat- Number 8780685. fer; and mon (by departmental request). Whereas, the granting of this Whereas, this resolution consti- An emergency ordinance authoriz- application for a liquor permit to tutes an emergency measure provid- this high crime area, which is ing the Director of Economic Devel- ing for the usual daily operation of opment to enter into an Em- already saturated with other liquor a municipal department; now, there- outlets, is contrary to the best inter- powerment Zone Section 108 loan ests of the entire community; and fore, and an Economic Development Ini- Whereas, the applicant does not Be it resolved by the Council of tiative Grant Agreement with North- qualify to be a permit holder and/or the City of Cleveland: east Ohio Neighborhood Health Ser- has demonstrated that he has oper- Section 1. That objection to the vices, Inc. to provide economic ated his liquor business in disregard C2 and C2X Liquor Permit to 10808 development assistance to partially of the laws, regulations or local Dove Avenue be and the same is finance building renovations, site ordinances of this state or any other hereby withdrawn and Resolution improvements, machinery and equip- state; and No. 565-02, containing said objection, ment purchases, and all other asso- Whereas, the place for which the be and the same is hereby repealed ciated costs to redevelop the prop- permit is sought has not conformed and that this Council consents to the erties located at 8300 Hough Avenue to the building, safety or health immediate transfer thereof. requirements of the governing body and 12206 Superior Avenue, Cleve- of this County or City; and Section 2. That this resolution is land, Ohio. Whereas, the place for which the hereby declared to be an emergency Whereas, this ordinance consti- permit is sought is so arranged or measure and, provided it receives tutes an emergency measure provid- constructed that law enforcement the affirmative vote of two-thirds of ing for the usual daily operation of officers or agents of the Department all the members elected to Council, a municipal department; now, there- of Liquor Control are prevented rea- it shall take effect and be in force fore, sonable access to the establishment; immediately upon its adoption and Be it ordained by the Council of and approval by the Mayor; otherwise it the City of Cleveland: Whereas, the place for which the shall take effect and be in force Section 1. That the Director of permit is sought is so located with from and after the earliest period Economic Development is hereby respect to the neighborhood that it allowed by law. substantially interferes with public authorized to enter into an Empow- decency, sobriety, peace or good Adopted May 13, 2002. erment Zone Section 108 loan with order; and Effective May 20, 2002. Northeast Ohio Neighborhood Health Whereas, this objection is based Services, Inc. to provide economic on other legal grounds as set forth development assistance to partially in Revised Code Section 4303.292; Ord. No. 537-01. finance the building renovations, and By Councilman Britt. site improvements, machinery and Whereas, this resolution consti- An emergency ordinance to amend equipment purchases, and all other tutes an emergency measure provid- Section 535.37 of the Codified Ordi- associated costs to redevelop the ing for the immediate preservation nances of Cleveland, Ohio, 1976, as properties located at 8300 Hough of the public peace, prosperity, safe- enacted by Ordinance No. 63410-A Avenue and 12206 Superior Avenue, ty and welfare pursuant to Section passed September 22, 1924 relating 4303.26 of the Ohio Revised Code. Cleveland, Ohio (the “Improve- Council’s objection to said permit to penalty for using water without ment”). must be received by the Director of permission. Section 2. That the costs of said Liquor Control within 30 days of Whereas, this ordinance consti- Empowerment Zone Section 108 loan notification; now, therefore, tutes an emergency measure provid- authorized herein shall not exceed Be it resolved by the Council of ing for the usual daily operation of One Million Three Hundred Eighty- the City of Cleveland: a municipal department; now, there- Eight Thousand Four Hundred Section 1. That Council does fore Eighty-Two Dollars ($1,388,482), and hereby record its objection to the Be it ordained by the Council of shall be paid from Fund Nos. 18 SF issuance of a New C1 Liquor Permit the City of Cleveland: 001 and 18 SF 003, which funds are to Tamara Tait, DBA R & T Resale Section 1. That Section 535.37 of appropriated for this purpose, and Variety, 15638 Holmes Avenue, the Codified Ordinances of Cleve- Cleveland, Ohio 44110, Permanent Request No. 103918. Number 8780685, and requests the land, Ohio, 1976, as enacted by Ordi- Section 3. That the Director of Director of Liquor Control to set a nance No. 63410-A passed September Economic Development is hereby hearing for said application in 22, 1924 is hereby amended to read authorized to accept monies in accordance with provisions of Sec- as follows: repayment of the loan and to deposit tion 4303.26 of the Revised Code of said monies in Fund No. 18 SF 002. Ohio. Section 535.37 Using Water with- Section 4. That the Director of Section 2. That the Clerk of Coun- out Permission, Penalty Economic Development is hereby cil be and she is hereby directed to (a) No person shall take water or authorized to charge and accept fees transmit two certified copies of this in any way use water for private in an amount not to exceed the max- resolution, together with two copies use which is furnished by the Divi- imum allowable fees under federal 1105 40 The City Record May 22, 2002 regulations and such fees are here- Section 3103.25, as enacted by (i) “Occupancy separation” means by appropriated to cover costs Ordinance No. 1116-A-85, passed Feb- fire separation in a building or incurred in the preparation of the ruary 10, 1986 other structure between parts of dif- loan application, closing and servic- Section 3105.02, as amended by ferent occupancy classifications. ing of the loan. Such fees shall be Ordinance No. 775-91, passed May 13, (j) “Owner” means the owner or deposited to and expended from 1991 owners of the premises, a vendee in Fund No. 17 SF 305 and 18 SF 004, Section 3105.26, as amended by possession, a mortgagee or receiver Loan Fees Funds. Ordinance No. 1104-94, passed June in possession, a lessee or joint Section 5. That the Director of 13, 1994, and lessees of the whole thereof, or an Economic Development is hereby Section 3111.04, as enacted by agent or any other person, firm, or authorized to accept collateral as Ordinance No. 1116-A-85, passed Feb- corporation directly in control of the set forth in the Summary contained ruary 10, 1986 premises or having a legal or equi- in the file referenced below in order table interest in the property. to secure repayment of said loan. are hereby amended to read, respec- tively, as follows: (k) “Premises” means land, in- Any security instruments shall be cluding buildings or structures prepared and approved by the Direc- thereon, or any part thereof, except Section 3101.04 Abbreviations tor of Law. land occupied by streets, alleys or (a) Abbreviations used in this Section 6. That the Director of public thoroughfares. Economic Development is hereby Building code substance or if pre- (l) “Repair” means the recon- authorized to enter into a grant ceding or referring to standards and struction, replacement or renewal of agreement with Northeast Ohio publications mean those contained any part of an existing building, Neighborhood Health Services, Inc. in the Ohio Administrative Code structure or device with like mater- to receive Economic Development (OAC), those authoring or promul- ial or parts, for the purpose of main- Initiative Grant funds to partially gating agencies indicated in OAC tenance of such building, structure finance the above-described Im- chapter 4101:2-46, and those as fol- or device. provement. lows: (m) “Required” means required by Section 7. That the costs of said “BOCA” means Building Officials OBC or this Building Code. grant authorized above shall not and Code Administrators Interna- (n) “Shall” means mandatory. exceed Three Hundred Forty-Seven tional, Inc. (o) “Toilet room” means a room Thousand One Hundred Twenty-One “CABO” means “CABO One and containing one or more water clos- Dollars ($347,121) and shall be paid Two Family Dwelling Code” as pro- ets, and may also contain one or from Fund No. 18 SF 003, which mulgated by the Council of Ameri- more lavatories, urinals and other funds are appropriated for this pur- pose, Request No. 103918. can Building Officials. plumbing fixtures. Section 8. That the Director of “ICC” means International Code Law is hereby authorized to prepare Council. Section 3101.06 Technical Stan- the contracts authorized herein and “NfiPA” means National Fire Pro- dards such other documents as may be tection Association. (a) The referenced standards in appropriate to complete the transac- “OAC” means Ohio Administrative OBC shall be supplemented by the tion. Code. standards listed in the Cleveland Section 9. That the terms of the “OBC” means the Ohio Building Fire Prevention Code which relate loan and the grant shall be in accor- Code, as contained in OAC Chapters to building fire prevention as fire dance with the terms as set forth in 4101:2-1 to 4101:2-69. All references to prevention is defined in OAC 4101:2- the Summary contained in File No. OBBC in this Building Code shall 2. 1982-01-B. hereafter mean OBC. (b) Compliance with the refer- Section 10. That this ordinance is “OCIEB” means Ohio Construction enced standards specified in divi- hereby declared to be an emergency Industry Examining Board. sion (a) hereof constitutes prima- measure and, provided it receives “ORC123” means Ohio Residential facie compliance with the intent and requirements of this Cleveland the affirmative vote of two-thirds of Code for One, Two and Three Fam- Building Code, except where a spe- all the members elected to Council, ily Dwellings as promulgated by the cific provision of the Ohio Revised it shall take effect and be in force Ohio Building Officials Association. immediately upon its passage and Code or the Ohio Administrative Any reference to CABO shall mean code including OBC, or the Cleve- approval by the Mayor; otherwise it ORC 123. shall take effect and be in force land Building and Fire Prevention Codes, provides otherwise. from and after the earliest period Section 3101.05 Definitions allowed by law. (c) Those provisions of referenced The definitions contained in OBC, standards which establish safety Passed May 13, 2002. and ORC 123 shall be applicable to Effective May 20, 2002. requirements shall be considered this Building Code, except as sup- mandatory and those provisions of plemented or otherwise provided for referenced standards exceeding as follows: safety requirements shall be consid- Ord. No. 2370-01. (a) “Approved” means approved ered as acceptable but not required By Councilmen Jackson, Lewis by the Ohio Board of Building Stan- by this Building Code. and Patmon (by departmental re- dards or the City Board of Building quest). Standards and Building Appeals, or Section 3101.09 Responsibility of An emergency ordinance to amend Owner Sections 3101.04, 3101.05, 3101.06, approved by the Commissioner of (a) The owner of premises subject 3101.09, 3103.09, 3103.25, 3105.02, and Building and Housing under provi- to the provisions of the Building 3105.26 of the Codified Ordinances of sions of this Building Code, or Cleveland, Ohio, 1976, as amended approval by other authority desig- Code shall be responsible for com- by various ordinances; to repeal Sec- nated by OBC or this Building Code pliance with the standards set forth tions 3101.07 and 3111.04; to rename to give approval in the matter in herein. He shall remain responsible Chapter 3111 of these codified ordi- question. therefor, regardless of the fact cer- nances; to repeal Sections 3121.01 (b) “Building Department” means tain responsibilities may also be and 3121.02, as enacted by Ordinance the Division of Building and Hous- placed on operators or agents. The No. 1116-A-85, passed February 10, ing. owner shall remain responsible for 1986; and to supplement said ordi- (c) “Building Official” means the the elimination of any violation nances by enacting new Sections Commissioner of the Division of found on his premises. 3121.01 and 3121.02 thereof, all relat- Building and Housing of the City of (b) Exception: An owner who ing to the residential code for one- Cleveland. enters into a written agreement with a person or entity to perform two and three family dwellings. (d) “City” means the City of Cleve- work to improve, add to or construct Whereas, this ordinance consti- land. tutes an emergency measure provid- on the owner’s property shall be (e) “Commissioner” means the exempt from the responsibility for ing for the usual daily operation of Commissioner of Building and Hous- a municipal department; now, there- the errors or omissions of the per- ing of the City of Cleveland. son or entity hired to perform the fore (f) “Jurisdiction” means the Be it ordained by the Council of work, if the written agreement “City.” the City of Cleveland: specifically makes the person or Section 1. That the following sec- (g) “Natural grade” means the entity performing the work respon- tions of the Codified Ordinances of surface of the ground prior to exca- sible for obtaining all required per- Cleveland, Ohio, 1976, vation, fill or grading. (For “grade mits and approvals from the City. Sections 3101.04, 3101.05, 3101.06, level” see Section 325.32 of the Zon- and 3101.09, as enacted by Ordinance ing Code.) Section 3103.09 Unsafe Structures; No. 1116-A-85, passed February 10, (h) “Occupancy change” means a Violation and Remedial Notices; 1986 change from one occupancy classifi- Cost Recovery Section 3103.09, as amended by cation to another occupancy classi- (a) Legislative Findings. Ordinance No. 2082-94, passed April fication. (For use group classifica- Council of the City of Cleveland 4, 1995 tions, see OAC Chapter 4101:2-3.) finds that: 1106 May 22, 2002 The City Record 41

(1) Structures which are vacant istrative Code, including the Ohio period, or if the rehabilitation per- and open to entry at doors, windows Building Code, the owner of a struc- mit is otherwise invalidated or or other points accessible to the gen- ture may secure the structure revoked, then the Commissioner eral public: through effective boarding. In order may declare that the nuisance has A. Attract children to enter; to effectively board the structure, not been abated and schedule the B. Become harborage for vermin; the owner of the structure shall structure for demolition. C. Serve as temporary abode for apply, within seven (7) days of (d) Examination and Condemna- derelicts, vagrants and criminals; receiving a notice of violation, to tion. and the Division of Building and Hous- (1) The Commissioner is autho- D. Are likely to be damaged by ing for a permit to board. The Divi- rized to examine or cause to be vandals or set ablaze by arsonists. sion of Building and Housing shall examined every building or other (2) Unkept grounds surrounding review the condition of the struc- structure reported to be unsafe or such vacant, open structures invite ture, determine if it can be effec- damaged or injurious to or a men- the dumping of garbage and rubbish tively boarded, and grant or deny ace to the public, and shall make a thereupon; the owner’s permit to board, setting written record of such examination. (3) Thousands of structures in forth special requirements, if any, (2) The Commissioner may desig- this City are made of wood-frame necessary for compliance with min- nate as a public nuisance those par- construction which is more flamma- imum standards for effective board- ticular structures or conditions ble than other building types; ing. The owner shall effectively found to be unsafe pursuant to sub- (4) Thousands of structures in board the structure within seven (7) section (b) hereof. this City are situated on narrow lots days of the issuance of a boarding (3) The Commissioner may also and in close proximity to one anoth- permit, or within such other time declare that a nuisance structure er, thereby increasing the risk of limit that the Commissioner deems which, due to its advanced state of conflagration and spread of insect appropriate. Structures which are dilapidation, substantial fire dam- and rodent infestation; boarded without first obtaining a age or structural infirmity, is an (5) Population loss and economic boarding permit shall continue to be immediate hazard to human life or decline experienced by the City in considered public nuisances subject health, may only be abated by imme- recent years has caused the inci- to demolition. Within thirty (30) diate repair and rehabilitation to the dence of vacant, open structures to days of the issuance of a permit to minimum standards of the Codified increase significantly; board, the owner of the structure Ordinances of Cleveland, Ohio, 1976, (6) Such vacant, open structures shall apply for a rehabilitation per- applicable City rules and regula- often become dilapidated because mit pursuant to Section 3105.06 of tions, the Ohio Revised Code, and they are not repaired by the owners the Codified Ordinances of Cleve- Ohio Administrative Code including or persons in control of said struc- land, Ohio, 1976. The Commissioner the Ohio Building Code, or by demo- tures; may grant an extension of time for lition. (7) Structures that are vacant and acquiring a rehabilitation permit (4) Whenever the Commissioner open to entry depress the market upon the owner’s written request finds a vacant structure open to value of surrounding properties; and for good cause shown. Failure entry at doors, windows or other (8) The existence of certain haz- of the owner to obtain a rehabilita- points accessible to the general pub- ardous conditions may require a tion permit subsequent to effective lic, he may cause the structure to be structure to be vacated; such condi- boarding will result in the structure secured at those points of entry. The tions include but are not limited to: being deemed a public nuisance, and Commissioner shall be authorized at A. Danger of structural collapse; scheduled for demolition. any time to enter upon the premis- B. Inadequate heat or use of dan- (2) Materials: es to secure the structure in order gerous heating mechanism; The effective boarding of a struc- to lessen the severity of the public C. Danger of fire; and ture shall include, but not be limit- nuisance. In securing such struc- D. Lack of plumbing in safe work- ed to, doors, windows, or other areas ture, the Commissioner may call ing order. of the structure open to ingress and upon any department, division or (9) Structures that remain board- egress and to weather elements at bureau of the City for whatever ed for an extended period of time any and all levels of the structure. assistance may be necessary, or contribute to blight, cause a Such openings shall be secured by may, by private contract, secure decrease in neighboring property plywood, not less than one-half inch such structure. Such securing shall values, create targets for arson, and (1/2") thick, or other material of not be deemed to constitute “effec- lead to the cancellation of home- equal strength, cut and fit into the tive boarding” pursuant to subsec- owners’ insurance for neighboring openings. Openings in excess of tion (b) hereof, and it does not property owners. forty-eight inches (48") wide shall abate the nuisance condition of an (b) Declaration of Nuisance. be framed with two inch by four unsafe structure, as declared pur- All buildings or structures which inch (2" x 4") lumber and plywood, suant to subsection (d)(2) hereof, are injurious to or a menace to the or equivalent material fastened unless so declared in writing by the public health, safety or welfare, or twenty-four inches (24") on center Commissioner. Subsequent notice, are structurally unsafe, unsanitary onto frame. The plywood or equiva- issued pursuant to subsection (e)(1) or not provided with adequate safe lent material shall be fastened into below, shall include the fact that egress, or which constitute a fire the openings by screw type nails or the Commissioner has found it nec- hazard, or which are vacant and lag screws. essary to take appropriate action to open to public entry, or which are (3) Maintenance: secure the structure. otherwise dangerous to human life Upon effectively boarding the (e) Notice of Violation or injurious to the public, or which structure, the owner shall monitor (1) Whenever the Commissioner in relation to existing use constitute and maintain the structure and its finds a building, structure or portion a hazard to the public health, safe- surrounding premises in a safe, san- thereof to be unsafe and determines ty or welfare by reason of inade- itary and secured condition. Any it to be a public nuisance, he shall quate maintenance, dilapidation, portion of the exterior structure forward by certified mail to the obsolescence or abandonment, are, which is deemed to be potentially owner, agent or person in control of severally, for the purposes of this hazardous due to deteriorated con- such building, structure or portion Building Code, declared to be “un- ditions, or to be structurally thereof and to any mortgagee of safe structures”. All such unsafe unsound shall be removed or treat- record a written notice of violation structures or conditions are hereby ed in such a manner so as to elim- stating the defects thereof. Such declared to be public nuisances. The inate the hazard. The exterior notice of violation shall require the public nuisance shall be abated by premises shall be maintained free of owner within a stated time to abate correction of the violations to the high weeds, debris, junk vehicles, the nuisance condition of such struc- minimum standards of the Codified and conditions that may provide ture by correction of the violations Ordinances of Cleveland, Ohio, 1976, harborage for rodents. Failure of and defects to the minimum stan- applicable City rules and regula- the owner to properly maintain the dards of the Codified Ordinances of tions, the Ohio Revised Code, and building in the above condition, will Cleveland, Ohio, 1976, applicable Ohio Administrative Code including result in the structure being deemed City rules and regulations, the Ohio the Ohio Building Code, or by demo- a public nuisance, and scheduled for Revised Code, and Ohio Administra- lition. demolition. tive Code including the Ohio Build- (c) Effective Boarding Pending (4) Rehabilitation; ing Code, or by demolition and Rehabilitation Rehabilitation of the structure removal of the building, structure, (1) Permits: shall commence within ninety (90) or portion thereof. The notice also Pending the correction of the vio- days of receiving a rehabilitation shall state that if the nuisance is lations to the minimum standards of permit pursuant to Section 3105.06 of not abated within the required time the Codified Ordinances of Cleve- the Codified Ordinances of Cleve- that the Commissioner may take land, Ohio, 1976, applicable City land, Ohio, 1976. If rehabilitation of appropriate action to take repair or rules and regulations, the Ohio the effectively boarded structure maintenance measures to abate the Revised Code, and the Ohio Admin- does not commence within this time public nuisance and that the owner, 1107 42 The City Record May 22, 2002 agent or person in control shall be improvements are completed, appropriate action to take repair or responsible for the cost of the repair inspected, and approved by the Com- maintenance measures to abate the or maintenance measures. missioner. The Commissioner may public nuisance. The Commissioner (2) If the person to whom such cause to be posted at each entrance shall specifically state in writing notice and order is addressed is not to such building or structure a the findings with respect to the found after a reasonable and dili- notice as follows: “THIS STRUC- structure, and shall determine gent search, then such notice and TURE IS IN A DANGEROUS CON- whether to perform repair or main- order shall be sent by certified mail DITION AND HAS BEEN CON- tenance upon factors which may to his tax mailing address, if avail- DEMNED AND ITS USE HAS BEEN include the following: the distance able, as indicated on the County tax PROHIBITED BY THE COMMIS- of the structure from neighboring duplicate, and a copy of such notice SIONER OF BUILDING AND HOUS- structures, the type of structure, the shall be posted in a conspicuous ING.” Such notice shall remain post- extent of deterioration, the likeli- place on the premises to which it ed until the required corrections are hood of vandalism or arson, the eco- relates. Such mailing and posting made or demolition is completed. No nomic likelihood of eventual com- shall be deemed legal service of person shall remove such notice plete rehabilitation of the structure, such notice. without written permission of the the cost of repair or maintenance. (3) An owner or agent or person Commissioner, nor shall any person Except as provided in subsection in control of such structure or build- use or enter the building or struc- (i) hereof, the Commissioner shall ing, a mortgagee of record, or a lien ture except for the purpose of mak- give written notice informing the holder of record who has received a ing the required corrections or owner, agent, or person in control, notice of violation or a notice to demolishing or effectively boarding mortgagee of record and lien hold- make corrections to the minimum the building or structure, or secur- ers of record of the City’s intention standards of the Codified Ordi- ing the structure pursuant to para- to demolish and remove the unsafe nances of Cleveland, Ohio, 1976, graph (d)(4) hereof. building or structure at least thirty applicable City rules and regula- (g) Right to Appeal. days prior to such intended action tions, the Ohio Revised Code, and The owner, agent or person in con- by the City. Such notice may be Ohio Administrative Code including trol shall have a right to appeal effective concurrently with the vio- the Ohio Building Code, or to demol- from the notice and decision of the lation notice. A condemned struc- ish and remove, as provided for in Commissioner as provided in this ture, once effectively boarded by the this section, shall inform prospec- section and appear before the Board owner pending rehabilitation that tive purchasers, vendees, grantees, of Building Standards and Building subsequently becomes open to entry, assignees, lessees, or land con- Appeals at a specified time and may then be demolished and tractees thereof of such notice of place to show cause why he should removed, subject to the Commis- violation or the notice to make cor- not comply with such notice. Any sioner giving written notice as rections, or to demolish and remove. notice served by the Commissioner stated in paragraph (e)(1) hereof No person shall transfer to a vendee, shall automatically become a final and this subsection (h), upon a find- grantee, assignee, lessee, land con- order if a written notice of appeal ing by the Commissioner that the tractee or any other transferee any before the Board is not filed in the structure can no longer be effec- interest in a building, structure or office of the Board within the time tively boarded. portion thereof after receiving a set forth in such notice from the (i) Cases of Emergency. notice of violation to make correc- Commissioner. In the absence of an In cases of emergency which, in tions, or to demolish and remove the appeal, all actions taken pursuant the opinion of the Commissioner, same, without first providing the thereto shall constitute a valid exer- involve immediate danger to human transferee with a copy of such cise of the police powers of the City life or health, the Commissioner notice. of Cleveland. shall promptly cause the building, (4) A. No person, agent, firm or (h) Noncompliance with Notice. structure or portion thereof to be corporation shall sell, by land con- In case the owner, agent or per- made safe or removed. For this pur- tract or otherwise, any interest in son in control fails, neglects or pose he may at once enter such any structure or building without refuses to comply with the notice to structure or land on which it stands, furnishing the buyer, prior to the repair or rehabilitate, or to demolish or any abutting land or structure, sale a copy of any outstanding and remove a public nuisance or with such assistance and at such notice or order from the City, includ- unsafe building, structure or portion cost as he deems necessary. He may ing any notice of violation or any thereof, the Commissioner may take request the Director of Public Safe- outstanding notice to make correc- appropriate action to demolish and ty to enforce the orders he gives tions to the minimum standards of remove an unsafe structure, or may that are necessary to cause the the Codified Ordinances of Cleve- advise the Director of Law of the building, structure or portion there- land, Ohio 1976, applicable City rules facts in the case, who, in turn, may of to be made safe or removed. The and regulations, the Ohio Revised institute appropriate action in the Director of Public Safety has the Code including the Ohio Building court to cause correction of the vio- authority to enforce such orders. He Code, or any outstanding notice to lations and defects, or demolition may order adjacent structures and demolish and remove. and removal, or effective boarding premises to be vacated, and protect No buyer or grantee, by land con- of such building or structure pend- the public by an appropriate fence tract or otherwise, shall obtain any ing rehabilitation. The securing of or such other means as may be nec- interest in any structure or building rehabilitation permits for such essary, and for this purpose may without obtaining from the seller, building or structure shall not in close a public or private way. prior to sale, the documents and of itself bar the Commissioner (j) Costs. described above. from taking action to abate the nui- (1) Any and all expenses or costs incurred under this section for the B. No person, agent, firm or cor- sance. The Commissioner may, with removal, repair, alteration, securing poration acting in the capacity of an respect to any condemned structure, or boarding of a building or struc- escrow agent in any real estate also take appropriate action to ture shall be paid by the owner of transaction involving the sale of a effectively board such structure, or such building or structure, except structure or building situated in the to secure it pursuant to paragraph when such expenses or costs are City, shall disburse any funds (d)(4) hereof. The Commissioner incurred with respect to a govern- unless the provisions of this division shall specifically state in writing ment or school building owned by a have been met. his findings with respect to such governmental entity or political sub- C. Any buyer or grantee, by land structure, and shall determine division and are funded by federal contract or otherwise, of a structure whether to secure or to effectively money. or building, shall begin at the date board, based upon factors which (2) Whenever an inspection is of transfer to comply with any may include the following: the dis- made after the compliance date stat- notice or order obtained or to be tance of the structure from neigh- ed on a Notice of Violation of the obtained pursuant to this division boring structures, the type of struc- Building Code, the Housing Code or and, within ten days of the date of ture, the extent to which the struc- the Zoning Code or after a compli- transfer, shall notify the Commis- ture is secured, the likelihood of ance date determined by a court of sioner, in writing, of the actions vandalism or arson, the extent of competent jurisdiction to determine that will be taken to comply. The the deterioration, the economic like- whether the violation has been remedied and the violation has not Commissioner may then establish a lihood of eventual rehabilitation of been remedied, or an additional per- reasonable time to comply. the structure, or cost of securing or mit is obtained for work previously (f) Vacating Buildings and Pro- effectively boarding the structure. permitted and the original permit hibiting Use. In case the owner, agent or per- has expired or was appropriately The Commissioner may also son in control fails, neglects or voided, there shall be charged a fee require in the notice issued pursuant refuses to comply with the notice to of One Hundred Dollars ($100.00) for to division (e)(1) hereof that the repair or rehabilitate, or to demolish each such inspection, except that building, structure or portion there- and remove a public nuisance or this fee shall not apply to one-fam- of be vacated and not reoccupied or unsafe building, structure or portion ily and two-family owner-occupied used until the specified repairs and thereof, the Commissioner may take dwelling structures 1108 May 22, 2002 The City Record 43

(3) If the owner fails to pay for maintain stair enclosures, stairways, (b) Plans and Specifications. the costs of removal, repair, alter- fire escapes, exit passageways or (1) When required by the Com- ation, securing or boarding or of other required means of egress in a missioner, two or more copies of inspections of violations that have safe and usable condition as plans and specifications shall not been remedied within thirty required by OBC or this Building accompany each application. Plans days after receipt from the Director Code. shall be drawn to scale with suffi- of Community Development of a (f) No person shall refuse, neglect cient clarity to indicate the nature statement of the charges and costs or fail to comply with a written and extent of the work proposed. incurred therein, the Director may order issued under the provisions of Such plans and specifications certify such amount to the Commis- this Building Code requiring the together shall contain information sioner of Assessments and Licenses. immediate abatement of a danger- sufficient to indicate that the work The Commissioner of Assessments ous condition when immediate com- proposed will conform to the provi- and Licenses shall make written pliance with such order is essential sions of this Building Code and all return to the County Auditor of the for the public health, safety and other applicable laws, ordinances, action under this section with a welfare. rules and regulations. Such infor- statement of the charges for ser- (g) No person shall convert any mation shall be specific, and OBC or vices, the amount paid for the per- residential occupancy building or this Building Code shall not be cited forming of such labor and a proper any part thereof by performing or as a whole or a part, nor shall the description of the premises. Certifi- causing to be performed any con- term “legal” or its equivalent, be cation to the County Auditor is for struction, repair or alteration in or used, as a substitute for specific the purpose of making expenses and for such building without first information. Each set of plans and costs a lien upon such lands, to be obtaining the required permit. specifications shall give the address collected as other taxes and (h) No person shall fail to install, of the work and the name and returned to the City with the Gen- repair, or alter material or equip- address of the owner and of the per- eral Fund, with special accounting ment in a workmanlike manner. For son who prepared them. thereof in accordance with Ohio R.C. the purposes of this Building Code, (2) The Commissioner may re- 715.261. workmanlike manner shall be quire a plot plan by a qualified sur- (4) Notwithstanding the method of defined as work that occurs in veyor showing the topography of collection set forth in this division, accordance with the standards set the site, and the location of the pro- the Director of Law may take any for the in the latest edition of the posed building or structure on the action necessary to collect the costs “Residential Construction Perfor- site or lot, and of buildings and of demolition or boarding from the mance Guidelines for Professional structures on adjoining property. He owner or other responsible party. Builders and Remodelers” as pub- may also require details, computa- lished by the National Association tions, stress diagrams, and other Section 3103.25 Violations General- of Home Builders. data necessary to describe the con- ly (i) No person shall fail to perform struction and basis for calculations. (a) No person shall violate any work in a workmanlike manner (See Section 327.02(e) of the Zoning provision of OBC or this Building pursuant to division (h) of Section Code.) Code, or any code adopted therein or 3103.25. (3) When plans contemplate struc- any rule or regulation promulgated (j) No person shall abandon work tural changes or structural work thereunder, or fail to comply there- for more than ninety (90) days in a affecting public health or safety, the with or with any order issued there- substantially incomplete state. For Commissioner may require that they under, or cause or permit the same purposes of this Building Code, shall be prepared by and bear the to be done. work that is abandoned for more seal of a registered architect or reg- (b) No person shall fail or neglect than ninety (90) days in a substan- istered professional engineer, and promptly to notify the administra- tially incomplete state shall be con- he may require that they be accom- tive officer having jurisdiction that sidered work that is not performed panied by an affidavit of such reg- work under a permit issued pur- in a workmanlike manner pursuant istered architect or registered pro- suant to the provisions of OBC or to division (h) of Section 3103.25. fessional engineer stating that he this Building Code has been begun. has supervised the preparation of (c) No person shall perform any Section 3105.02 Permit Applica- the plans, and that to the best of his work or install any appliance, tions; Plans and Specifications knowledge and belief the structure, device or equipment without first (a) Form. if built in accordance with the obtaining the permit required there- (1) An application for a permit plans, will conform to OBC and this for under OBC or this Building Code; required under OBC or Section Building Code, except as specifical- nor refuse, neglect or fail to obtain 3105.01 signed by the owner or his ly noted otherwise. any permit required under OBC or authorized agent, shall be filed with (4) When approved plans and this Building code for the storage, the Commissioner on a form fur- specifications are not required, work use or handling of a hazardous sub- nished by him and shall provide shall be installed in accordance with stance; nor block, wedge or other- such information as may reasonably the material manufacturer’s instal- wise hold in an open position any be required by the Commissioner for lation requirements for the condi- self-closing door required under OBC an intelligent understanding of the tions that exist and work shall be proposed work. or this Building Code to be main- performed in the manner intended. (2) When separate permits from tained in a normally closed position. the Fire Chief are required in con- (d) No person shall perpetrate a Section 3105.26 Schedule of Inspec- nection therewith, the applications fraud or misrepresent a material tion Fees for such separate permits shall be fact by reason of which any permit filed with the Commissioner who There shall be no separate inspec- or approval required under OBC or shall promptly transmit such appli- tion fees except as provided in Sec- this Building Code is obtained; nor cations and the relevant plans and tion 3105.27 and this section: pursue any trade or business or per- specifications for action by the Divi- (a) Special Inspections. form any work or service for which sion of Fire. (1)Whenever an inspection has a license, certificate of registration (3) If application is made by a been requested and upon inspection or certificate of qualification is person other than the owner in fee, the work is not found to be ready required under OBC or this Building the Commissioner may require that for inspection, or where the address Code without possessing such it be accompanied by a duly verified given in the application for permit license or certificate. affidavit of the owner in fee or the is faulty or inaccurate, there shall (e) No person shall refuse, neglect person making the application, stat- be charged a fee of thirty dollars or fail to comply with any stop work ing that the proposed work is autho- ($30.00) for each such inspection. order issued under the provisions of rized by the owner in fee, and that (2) For inspections required out- this Building code; nor refuse, the person making the application is side of regular working hours (spe- neglect or fail to comply with a authorized to make such applica- cial events, witness testing of spe- notice to repair, rehabilitate or tion. cial equipment, etc.) the fee shall be demolish a building or other struc- (4) When separate permits from seventy-five dollars ($75.00) ture declared to be unsafe under the the Division of Water are required (3) Whenever a special inspection, provisions of this Building Code; nor in connection therewith, the appli- not a routine inspection of work refuse, neglect or fail to comply cation for a permit required under being done under a permit, is with a notice requiring the abate- OBC or Section 3105.01 shall be requested, there shall be an inspec- ment or removal of a violation or accompanied by a site plan. The tion fee as follows: requiring compliance with any pro- Commissioner shall promptly trans- Dwelling units at $15.00 each, min- vision of this Building Code or any mit such site plan to the Division of imum $45.00 rule or regulation thereunder with- Water to determine the location of Other structures $45.00 per story in the time limit set forth in such any previously installed service con- (4) Whenever an inspection is notice; nor maintain a use or occu- nections and to make arrangements made after the compliance date stat- pancy prohibited by this Building to plug or cap such service connec- ed on a Notice of Violation of the Code; nor refuse, neglect or fail to tions pursuant to Section 531.07. Building Code, the Housing Code or 1109 44 The City Record May 22, 2002 the Zoning Code or after a compli- ily Dwellings” promulgated by the tubs installed in or on the lot of a ance date determined by a court of Ohio Building Officials Association one-, two- or three-family dwelling. competent jurisdiction to determine (OBOA), and as thereafter amended B101.2 Approval. No permit shall whether the violation has been by OBOA, is hereby adopted and be issued by the Commissioner of remedied and the violation has not incorporated by the City of Cleve- Building and Housing until the been remedied, or an additional per- land as fully as if set out at length application has been submitted to mit is obtained for work previously herein. The Ohio Residential Code and approved by the Commissioner permitted and the original permit contains all Chapters and all Appen- of Health in regards to method of has expired or was appropriately dices in their entirety, unless other- disinfection and bacterial treatment voided, there shall be charged a fee wise modified, deleted or amended to be used and the type and range of One Hundred Dollars ($100.00) for herein. A complete copy of such of water testing equipment. each such inspection, except that Code shall be kept of file at the B101.3 Location on lot. Swimming this fee shall not apply to one-fam- Office of the Clerk of Council, the pools, spas and hot tubs shall be ily and two-family owner-occupied Office of the Commissioner of Build- located on the lot so as not to cre- dwelling structures. ing and Housing and in the Cleve- ate a nuisance to adjoining proper- (b) Annual Building Inspections. land Public Administration Library. ties. (1) Eating Places $50.00 per B101.4 Security. Access to private occupancy Section 3121.02 Amendments to Code swimming pools, spas and hot tubs (2) Drinking Places $50.00 per The following sections of the Ohio shall be made by provision of a bar- occupancy Residential Code for One, Two and rier as defined in Section B105. (3) Annual Inspections Three Family Dwellings (ORC123) B101.5 Related Codes: The instal- pursuant to Licensing are amended for this Building Code lation of private swimming pools, Requirement $50.00 per as follows: spas and hot tubs shall conform to occupancy (a) Reserved all applicable provisions of the (c) Late fee, for work started prior (b) Section 103 Scope National Electric Code and this to permit issuance: 103.1 Application. The provisions Building Code. Technical standards Within 72 hours of this code apply to the construc- that apply are set forth in Section of notification $75.00 tion, addition, prefabrication, alter- B106 Standards. After 72 hours $150.00 ation, repair, use, occupancy and (k) Section 116 Certificate of (d) Payment of charges for maintenance of one, two, and three Occupancy Approval Form inspections enumerated above shall family dwellings and one-family 116.1 Record required. The permit be made before any additional per- townhouses not more than three sto- holder or his agent shall post the mits will be issued to the permit ries in height with not more than Certificate of Occupancy Approval holder. nine (9) connected units and their Form on the job site in an accessi- Section 2. That the following sec- accessory structures. Compliance ble and conspicuous place to allow tions of the Codified Ordinances of with the requirements of this code the building official to make the Cleveland, Ohio, 1976, shall be permitted to be considered required entries. The record shall be Sections 3101.04, 3101.05, 3101.06, as prima facie evidence of compli- maintained by the permit holder 3101.07 and 3101.09, as enacted by ance with this Building Code. until all final inspections have been Ordinance No. 1116-A-85, passed Feb- 103.2. No more than nine (9) town- made and approved and the Certifi- ruary 10, 1986 house units may be continuously cate of Occupancy Approval Form Section 3103.09, as amended by connected to be regulated by this has been submitted to the Commis- Ordinance No. 2082-94, passed April Code. Any structure with more than sioner. Upon issuance of a Certifi- 4, 1995 nine (9) continuously connected cate of Occupancy, the premises may Section 3103.25, as enacted by townhouses shall be regulated by be occupied. Ordinance No. 1116-A-85, passed Feb- the Ohio Building Code for R-3 struc- (l) Section 118 Stop Work Orders ruary 10, 1986 tures. This section shall be deleted and Section 3105.02, as amended by (c) Section 105 Entry – This sec- shall be governed by applicable sec- Ordinance No. 775-91, passed May 13, tion shall be deleted and shall be tions of Chapter 3103 of this Build- 1991 governed by section 3103.04 of this ing Code. Section 3105.26, as amended by Building Code. (m) Section 119.1 Energy Conser- Ordinance No. 1104-94, passed June (d) Section 106 Violations and vation 13, 1994, and Penalties – This section shall be 119.1 General – Provisions for Section 3111.04, as enacted by deleted and shall be governed by energy conservation are contained Ordinance No. 1116-A-85, passed Feb- Section 3103.25 and 3103.99 of this in Appendix C and shall be enforced ruary 10, 1986 Building Code. as part of this Building Code. are hereby repealed. (e) Section 107 Right of Appeal – (n) Section 202 General Building Section 3. That Chapter 3111 of the This section shall be deleted and Definitions. Delete “Family” and Codified Ordinances of Cleveland, shall be governed by Section 3103.20 “Manufactured Home”. Ohio, 1976 is hereby renamed to of this Building Code. (o) Section 301.2.2 Cleveland “Ohio Building Code”. (f) Section 108 Alternate Materials Requirements Section 4. That Sections 3121.01 and Systems Climatic and Geographic Design and 3121.02 of the Codified Ordi- This section shall be deleted and Criteria shall be Zone 8 in Table nances of Cleveland, Ohio, 1976, as Chapter 3103 of this Building Code 301.2(1); Basic Wind Speed (mph) enacted and amended, respectively, and Section 326 of this code shall be shall be 90 in Table 301.2(2). by Ordinance No. 1116-A-85, passed applicable. (p) SECTION 309 PRIVATE February 10, 1986, and 806-90, passed (g) Section 109 Modifications GARAGES & DETACHED ACCES- June 11, 1990, are hereby repealed. This section shall be deleted and SORY STRUCTURES Section 5. That the Codified Ordi- Section 3103.18 Exceptions and Vari- 309.4 Detached Accessory Struc- nances of Cleveland, Ohio, 1976, are ances of this Building Code shall be tures hereby supplemented by enacting applicable. 309.4.1 Definition: A detached new Sections 3121.01 and 3121.02 to (h) Section 111 Permit – This accessory structure is defined as a read, respectively, as follows: entire section shall be deleted and subordinate structure to a main shall be governed by Chapter 3105 structure. A detached accessory Chapter 3121 of this Building Code. structure may be a private garage Residential Occupancy (i) Section 114 Prefabricated Con- not over 650 square feet or any of (Ohio Residential Code for One, struction – All prefabricated con- the following structures not exceed- Two and Three struction which falls under the def- ing 1000 square feet: private stable Family Dwellings – ORC 123) inition of industrialized units as or barn, shelter, shed, garden hous- defined by OBC shall be governed es and similar structures for utili- Section 3121.01 Adoption of Ohio by the applicable provisions of OBC. tarian or decorative purposes and Residential Code for One, Two and Manufactured housing shall comply not intended for human occupancy, Three Family Dwellings (ORC 123) with Appendix A of ORC123 and and not classified as a hazardous Under provisions of RC 731.231, Chapter 3169 of this Building Code. use. Private garages shall be limit- there is adopted for the purpose of (j) Section 115 Swimming Pools, ed to the storage of no more than establishing rules and regulations Spas and Hot Tubs three (3) passenger automobiles or for the construction, alteration and 115.1 General Provisions for swim- of trucks not exceeding 1 1/2 ton maintenance of detached one, two, ming pools, spas, and hot tubs are capacity with gasoline or other and three family dwellings and one- contained in Appendix B and shall volatile flammable fuel in their stor- family townhouses not more than be enforced as a part of this code age tanks. three stories in height with not with the following additions: 309.5 Height and Area Restrictions more than nine (9) connected units B101.1 Applicability. The provi- 309.5.1 The height and area of and their accessory structures the sions of this appendix shall control detached accessory structures shall 1999 edition of the “Ohio Residential the design and construction of pri- restricted by applicable provisions Code for One, Two and Three Fam- vate swimming pools, spas and hot of the Zoning Code. 1110 May 22, 2002 The City Record 45

309.5.2 Detached Accessory Struc- nances of Cleveland, Ohio, 1976, to The Cleveland Electric Illuminating tures shall be constructed of mate- the contrary, the Director of Port Company Brookpark Road Relocation rials consistent with this Building Control is hereby authorized to (NASA 34 kV Project) Code for the intended use and loca- enter into a Lease By Way of Con- Electric Line Easement tion of the structure. cession for a period of one year with 309.6 Protection of Openings AirSports Aviation Ltd., an Ohio City of Cleveland (Grantor) 309.6.1 No protection of vertical Limited Liability Company for the openings shall be required of de- use and occupancy of approximate- Situated in the City of Cleveland, tached accessory structures. ly eight hundred fifty-seven square County of Cuyahoga, State of Ohio 309.6.2 Exterior walls of detached feet of space in Suites 182 and 182A and known as being a part of Rock- accessory structures are not re- for the sale of pilot supplies and port Township Section No. 4. Also quired to be fire-rated, however no gifts to the public and approxi- being a part of the lands conveyed exterior openings shall be permitted mately eight hundred and twenty- to the City of Cleveland as record- in any walls of detached accessory six square feet of office space and ed in Volume 6010 Pages 487-491 of structures situated less than three storage in Suite 108 at Burke Lake- the Cuyahoga County Deed Records, (3') feet from a property line. front Airport. The rental for all being more definitely described as (q) 320 Dwelling Unit Separation areas shall be determined at a rate follows: 320.1 Two and Three-family of $12.00 per square foot, and shall Commencing at an iron pin in a dwellings. Dwelling units in two- be paid at mutually agreed inter- monument box found at the inter- family and three-family dwellings vals. The term shall commence on section of the centerline of Old shall be separated from each other the date of execution of the Agree- Grayton Road and the centerline of by wall and/or floor assemblies of ment and, unless sooner terminated, Brookpark Road; not less than 1-hour fire resistance shall expire one year thereafter. Thence, along the proposed cen- rating when tested in accordance Any change in square footage shall terline of Relocated Brookpark with ASTM E 119. Fire-resistance be subject to approval of the Board Road, South 89° 45' 56" East, 0.78 rated floor-ceiling and wall assem- of Control. feet; blies shall extend to and be tight Section 2. That the Lease By Way Thence, continuing along said pro- against the exterior wall, and wall of Concession authorized herein posed centerline, along the arc of a assemblies shall extend to the shall be prepared by the Director of curve which deflects to the left, underside of the roof sheathing. Law, and shall contain such addi- 293.11 feet, said curve having a 320.1.1 Supporting construction. tional provisions as he deems nec- radius of 674.07 feet, a delta of 24° Section remains unchanged essary to protect and benefit the 54' 52" and a chord of 290.81 feet (r) Section 403 Footings public interest. which bears North 77° 15' 53" East; 403.1.2.1 Footings for detached Section 3. That this ordinance is Thence, leaving said proposed cen- accessory structures limited to a sin- hereby declared to be an emergency terline, North 25° 11' 33" West, 50.00 gle story and not greater than 650 measure and, provided it receives feet to an iron pin set in the square feet shall extend no less the affirmative vote of two-thirds of Northerly proposed right of way of than twelve inches (12") below all the members elected to Council, Relocated Brookpark Road and the grade and extend no less than 8" it shall take effect and be in force True Point of Beginning for the par- above grade and shall be no less immediately upon its passage and cel herein described; than eight inches (8") thick. approval by the Mayor; otherwise it Thence, along said proposed right (s) Section 806 Roof Ventilation shall take effect and be in force of way, along the arc of a curve 806.1 Ventilation required. En- from and after the earliest period which deflects to the right, 26.04 closed attics and enclosed rafter allowed by law. feet, said curve having a radius of spaces formed where ceilings are Passed May 13, 2002. 25.00 feet, a delta of 59° 41' 00" and applied directly to the underside of Effective May 20, 2002. a chord of 24.88 feet which bears the roof rafters shall have cross ven- North 85° 21' 03" West; tilation for each separate space by Thence, leaving said proposed ventilating openings protected Ord. No. 215-02. right of way, along the arc of a against the entrance of rain or By Councilmen Sweeney, West- curve which deflects to the left, snow. Ventilating openings shall be brook, Cimperman and Jackson (by 90.94 feet, said curve having a provided with corrosion-resistant departmental request). radius of 612.07 feet, a delta of 8° material, with the least dimension An emergency ordinance authoriz- 30' 48" and a chord of 90.86 feet being 1/8 inch (3.2 mm.) ing the Director of Port Control to which bears North 62° 34' 17" East; (t) Section 1003 Masonry Fire- execute easements granting to The Thence North 58° 18' 53" East, places Cleveland Electric Illuminating 15.37 feet; 1003.16 Dampers. Each fireplace Company certain easement rights in Thence South 31° 41' 07" East, shall be constructed with a metal property located in Cleveland neces- 6.00 feet; damper capable of effectively clos- sary to effect the Brookpark Road Thence North 58° 18' 53" East, ing the flue passage. relocation project and declaring said 796.64 feet; Section 6. That this ordinance is easement rights no longer needed Thence, along the arc of a curve hereby declared to be an emergency for public use; proffering certain which deflects to the right, 16.83 measure and, provided it receives representations for purposes of the feet, said curve having a radius of the affirmative vote of two-thirds of Trust Indenture from the City of 730.07, a delta of 1° 19' 15" and a all the members elected to Council, Cleveland to the Chase Manhattan chord of 16.83 feet which bears it shall take effect and be in force Trust Company, National Associa- North 58° 58' 31" East; immediately upon its passage and tion, as successor trustee and autho- Thence North 30° 21' 52" West, approval by the Mayor; otherwise it rizing the Director of Port Control 6.00 feet; shall take effect and be in force to apply to the bond trustee for land Thence, along the arc of a curve from and after the earliest period release. which deflects to the right, 78.64 allowed by law. Whereas, The Cleveland Electric feet to the Southerly line of lands Adopted May 13, 2002. Illuminating Company has request- conveyed to The Ullrich Family Effective May 20, 2002. ed the Director of Port Control to Limited Partnership as recorded in convey certain easement rights in Volume 97-07511 Page 6 of the Cuya- property located in Cleveland neces- hoga County Official Records, said Ord. No. 123-02. sary to effect the Brookpark Road curve having a radius of 736.07 feet, By Councilmen Westbrook and relocation project; and a delta of 6° 07' 18" and a chord Polensek (by departmental request). Whereas, the easement rights to 78.61 feet which bears North 62° 41' An emergency ordinance authoriz- be granted are no longer needed for 47" East; ing the Director of Port Control to public use; and Thence, along Ullrich’s Southerly enter into a Lease By Way of Con- Whereas, this ordinance consti- line, South 89° 24' 17" East, 29.77 cession with AirSports Aviation Ltd., tutes an emergency measure provid- feet to an iron pin set in the an Ohio Limited Liability Company, ing for the usual daily operation of Northerly proposed right of way of for use as a retail sales space and a municipal department; now, there- Relocated Brookpark Road. for general office and storage at fore, Thence, leaving Ullrich’s Souther- Burke Lakefront Airport. Be it ordained by the Council of ly line, along said proposed right of Whereas, this ordinance consti- the City of Cleveland: way, along the arc of a curve which tutes an emergency measure provid- Section 1. That, notwithstanding deflects to the left, a distance of ing for the usual daily operation of and as an exception to the provi- 121.07 feet to a PK nail set, said a municipal department; now, there- sions of Chapters 181 and 183 of the curve having a radius of 724.07 feet, fore Codified Ordinances of Cleveland, a delta of 09° 34' 50" and a chord Be it ordained by the Council of Ohio, 1976, it is hereby found and of 120.93 feet which bears South 63° the City of Cleveland: determined that easement interests 06’ 18" West; Section 1. That notwithstanding in the following described property Thence, South 58° 18' 53" West, any provision of the Codified Ordi- are no longer needed for public use: 812.01 feet, to an iron pin set; 1111 46 The City Record May 22, 2002

Thence, along the arc of a curve of way of Brookpark Road, South Thence South 15° 41' 33" West, which deflects to the right, 70.72 89° 43' 19" West, 705.45 feet to the 6.00 feet; feet to the point of beginning, said point of beginning. Thence, along the arc of a curve curve having a radius of 624.07 feet, Containing within said bounds which deflects to the left, 405.77 a delta of 06° 29' 33" and a chord 0.1168 acres (5,087 square feet) of feet, said curve having a radius of of 70.68 feet which bears South 61° land. 1471.89 feet, a delta of 15° 47' 43" 33’ 40" West. All iron pins set are 5/8" x 30" and a chord of 404.49 feet which Containing within said bounds capped rebar inscribed “KS ASSOCS bears South 82° 12' 18" East; 0.1649 acres (7,185 square feet) of INC PROP MARKER”. Thence North 89° 53' 59" East, land. Bearings are based on Ohio State 264.76 feet; All iron pins set are 5/8" x 30" Plane, North Zone “Grid North” Thence North 85° 00' 43" East, capped rebar inscribed “KS ASSOCS NAD83 (1995) 107.51 feet; INC PROP MARKER”. Thence South 89° 59' 17" East, Bearings are based on Ohio State City of Cleveland (Grantor) 8.75 feet to the Westerly right of Plane, North Zone “Grid North” way of Riverside Drive; NAD83(1995). Situated in the City of Cleveland, Thence, along said right of way, County of Cuyahoga, State of Ohio South 24° 24' 35" West, 16.64 feet to City of Cleveland (Grantor) and know as being a part of Rock- the Northerly right of way of Brook- port Township Section No. 4 and No. park Road; Situated in the City of Cleveland, 3. Also being a part of Orchard Glen Thence, along said right of way County of Cuyahoga, State of Ohio Subdivision Volume 62 Page 12 and of Brookpark Road, South 89° 54' and known as being a part of Rock- West Lawn Subdivision Volume 70 00" West, 373.85 feet to an iron pin port Township Section No. 4. Also Page 28 of the Cuyahoga County set in the Northerly proposed right being a part of the lands conveyed Map Records, being more definitely of way of Relocated Brookpark to the City of Cleveland as record- described as follows: Road; ed in Volume 3433 Page 340 and Vol- Commencing at an iron pin in a Thence, leaving the right of way ume 6010 Pages 487-491 of the Cuya- monument box found at the inter- of Brookpark Road, along said pro- hoga County Deed Records, being section of the centerline of Relocat- posed right of way of Relocated more definitely described as follows: ed Grayton Road and the centerline Brookpark Road, along the arc of a Commencing at an iron pin in a of Brookpark Road; curve which deflects to the right, a monument box found at the inter- Thence, along said centerline of distance of 466.29 feet to an iron pin set, said curve having a radius of section of the centerline of Old Brookpark Road, North 89° 54' 00" 1477.89 feet, a delta of 18° 04' 39" Grayton Road and the centerline of East, 120.00 feet; and a chord of 464.36 feet which Brookpark Road; Thence, leaving said centerline, bears North 81° 03' 33" West; Thence, along said centerline of North 00° 05' 29" West, 50.00 feet to Thence, North 72° 01' 22" West, Brookpark Road, South 89° 43' 19" the intersection of the Northerly 1477.28 feet to an iron pin set; West, 704.03 feet to the Southeaster- right of way of Brookpark Road and the Easterly right of way of Relo- Thence, along the arc of a curve ly corner of lands conveyed to the which deflects to the left, a distance United States of America as record- cated Grayton Road; Thence, along said right of way of 465.9 feet to an iron pin set, said ed in Volume 8041 Page 262 of the curve having a radius of 1577.89 Cuyahoga County Deed Records; of Relocated Grayton Road, North 00° 05' 29" West, 450.00 feet, said feet, a delta of 16° 54' 36" and a Thence, leaving said centerline, chord of 464.00 feet which bears along United States of America’s point is referenced by a 1/2" iron pin with a cap inscribed “Wheeler & North 80° 28' 40" West; Easterly line, also being the Corpo- Thence, North 88° 55' 58" West, ration line between the City of Melena” found 0.13 feet North; Thence, North 04° 38' 33" West, 92.43 feet to the point of beginning; Cleveland and the City of Fairview 161.33 feet to an iron pin set in the Containing within said bounds Park, North 00° 36' 32" West, 50.00 Northerly proposed right of way of 0.4632 acres (20,177 square feet) of feet to the Northerly right of way Relocated Brookpark Road and the land. of Brookpark Road and the True True Point of Beginning for the par- All iron pins set are 5/8" x 30" Point of Beginning for the parcel cel herein described; capped rebar inscribed “KS ASSOCS herein described, and passing Thence, continuing along said INC PROP MARKER”. through a 1/2" iron pin with a cap right of way of Relocated Grayton Bearings are based on Ohio State inscribed “Wheeler & Melena” at Road, North 04° 38' 33" West, 6.03 Plane, North Zone “Grid North” 49.71 feet; feet; NAD83 (1995). Thence, continuing along United Thence, leaving said right of way, States of America’s Easterly line, South 88° 55' 58" East, 25.22 feet; City of Cleveland (Grantor) North 00° 36' 32" West, 6.00 feet; Thence North 01° 04' 02" East, Thence, leaving United States of 6.00 feet; Situated in the City of Cleveland, America’s Easterly line, North 89° Thence South 88° 55' 58" East, County of Cuyahoga, State of Ohio 43' 19" East, 705.48 feet; 67.81 feet; and know as being a part of Rock- Thence, along the arc of a curve Thence, along the arc of a curve port Township Section No. 3. Also which deflects to the left, 149.81 feet which deflects to the right, 52.21 being a part of the lands conveyed to the Westerly proposed right of feet, said curve having a radius of to the City of Cleveland as recorded way of Relocated Old Grayton Road, 1589.89 feet, a delta of 1° 52' 53" and in Instrument No. 199904061116 of said curve having a radius of 618.06 a chord of 52.20 feet which bears the Cuyahoga County Land Records, feet, a delta of 13° 53' 17" and a South 87° 59' 32" East; being more definitely described as chord of 149.45 feet which bears Thence South 01° 04' 02" West, follows: Commencing at the intersection of North 82° 44' 43" East; 6.00 feet; the centerline of Riverside Drive Thence, along said proposed right Thence, along the arc of a curve and the centerline Brookpark Road, of way, along the arc of a curve which deflects to the right, 415.26 also being the Southerly line of said which deflects to the right, 25.76 feet, said curve having a radius of feet to an iron pin set in the Rockport Township Section No. 3; 1538.89 feet, a delta of 15° 01' 18" Thence, along said centerline of Northerly proposed right of way of and a chord of 414.07 feet which Relocated Brookpark Road, said Brookpark Road, South 89° 59' 11" bears South 79° 32' 01" East; East, 38.43; curve having a radius of 50.00 feet, Thence South 72° 01' 22" East, a delta of 29° 31' 15" and a chord Thence, leaving said centerline, 435.76 feet; North 24° 24' 35" East, 32.94 feet to of 25.48 feet which bears South 63° Thence North 17° 58' 38" East, the intersection of the Northerly 19' 31" West; 6.00 feet; right of way of Brookpark Road and Thence, leaving said proposed Thence South 72° 01' 22" East, the Easterly right of way of River- right of way of Relocated Old Gray- 143.32 feet; side Drive and the True Point of ton Road, along said proposed right Thence South 17° 58' 38" West, Beginning for the parcel herein of way of Relocated Brookpark 6.00 feet; described; Road, along the arc of a curve Thence South 72° 01' 22" East, Thence, along said right of way which deflects to the right, a dis- 826.34 feet; of Riverside Drive, North 24° 24' 35" tance of 126.39 feet to an iron pin Thence North 17° 58' 38" East, East, 17.66 feet; set in the Northerly existing right 6.00 feet; Thence, leaving said right of way, of way of Brookpark Road, said Thence South 72° 01' 22" East, South 89° 59' 11" East, 111.89 feet; curve having a radius of 624.06 feet, 71.86; Thence North 85° 00' 49" East, a delta of 11° 36' 14" and a chord Thence, along the arc of a curve 138.69 feet to Westerly limited of 126.17 feet which bears South 83° which deflects to the left, 58.52 feet, access line of Relocated Rocky 53' 15" West; said curve having a radius of 1465.89 River Drive; Thence, leaving said proposed feet, a delta of 2° 17' 14" and a Thence, along said limited access right of way of Relocated Brook- chord of 58.51 feet which bears line, South 00° 00' 49" West, 10.04 park Road, along said existing right South 73° 09’ 50" East; feet; 1112 May 22, 2002 The City Record 47

Thence, leaving said limited Section 8. That this ordinance is of the effective date of this ordi- access line, South 85° 00' 49" West, hereby declared to be an emergency nance, or such additional time as 208.09 feet to the Northerly right of measure and, provided it receives may be granted by the Director of way of Brookpark Road; the affirmative vote of two-thirds of Community Development, this ordi- Thence, along said right of way, all the members elected to Council, nance shall be repealed and shall be North 89° 59' 11" West, 50.04 feet to it shall take effect and be in force of no further force or effect. the point of beginning; immediately upon its passage and Section 4. That the consideration Containing within said bounds approval by the Mayor; otherwise it for the subject parcel shall be estab- 0.0697 acres (3,036 square feet) of shall take effect and be in force lished by the Board of Control and land. from and after the earliest period shall be not less than Fair Market Bearings are based on Ohio State allowed by law. Value taking into account such Plane, North Zone “Grid North” Passed May 13, 2002. terms and conditions, restrictions NAD83 (1995). Effective May 20, 2002. and covenants as are deemed nec- Section 2. That the easements essary or appropriate. shall be nonexclusive and the pur- Section 5. That the conveyance pose of the easements shall be to Ord. No. 221-02. authorized hereby shall be made by construct, maintain and operate By Councilmen Cintron, Gordon, official deed prepared by the Direc- underground electric and communi- Cimperman and Jackson (by depart- tor of Law and executed by the cation cables, ducts, conduits and mental request). Mayor on behalf of the City of other facilities necessary for dis- An emergency ordinance authoriz- Cleveland. The deed shall contain tributing and transmitting electrici- ing the sale of real property as part such provisions as may be necessary ty and communications systems nec- of the Land Reutilization Program to protect and benefit the public essary as part of the Brookpark and located at 4114 Franklin Boule- interest including such restrictive Road relocation project. vard to David A. Lechner and Diane covenants and reversionary inter- Section 3. That by and at the K. Lechner. ests as may be specified by the direction of the Board of Control, Whereas, the City of Cleveland Board of Control, the Director of the Commissioner of Purchases and has elected to adopt and implement Community Development or the Supplies is authorized to convey the the procedures under Chapter 5722 Director of Law. above-described, non-exclusive ease- of the Ohio Revised Code to facili- Section 6. That this ordinance is ment interests to The Cleveland tate reutilization of nonproductive hereby declared to be an emergency Electric Illuminating Company at a lands situated within the City of measure and, provided it receives price not less than fair market Cleveland; and the affirmative vote of two-thirds of value as determined by the Board of Whereas, real property acquired all the members elected to Council, Control. under the City’s Land Reutilization it shall take effect and be in force Section 4. That the duration of the Program is acquired, held, adminis- immediately upon its passage and easements shall be perpetual but tered and disposed of by the City of approval by the Mayor; otherwise it shall revert to the City if abandoned Cleveland through its Department of shall take effect and be in force by the Cleveland Electric Illuminat- Community Development under the from and after the earliest period ing Company; that the easements terms of Chapter 5722 of the Ohio allowed by law. shall include reasonable right of Revised Code and Section 183.021 of Passed May 13, 2002. entry rights to the City; that the Codified Ordinances of the City of Effective May 20, 2002. easement shall be assignable only Cleveland, 1976; and through the legislative authority of Whereas, this ordinance consti- Cleveland City Council; that the tutes an emergency measure provid- Ord. No. 348-02. easements shall require the grantee ing for the usual daily operation of to indemnify the City, provide rea- By Councilmen Westbrook and a municipal department; now, there- Jackson (by departmental request). sonable insurance, maintain any fore, grantee improvements located with- An emergency ordinance authoriz- Be it ordained by the Council of ing the Director of Port Control to in the easements, and pay any the City of Cleveland: applicable taxes and assessments. enter into a Lease By Way of Con- Section 1. That pursuant to Sec- Section 5. That the conveyances cession with American Airlines, Inc. tion 183.021 of the Codified Ordi- referred to above shall be made by for operation of a cargo facility at nances of Cleveland, Ohio, 1976, the Official Deeds of Easement prepared Cleveland Hopkins International Commissioner of Purchases and Sup- by the Director of Law and execut- Airport. plies is hereby authorized to sell ed by the Director of Port Control Whereas, this ordinance consti- Permanent Parcel No(s). 003-25-070, on behalf of the City of Cleveland. tutes an emergency measure provid- The Deeds of Easement shall con- as more fully described below, to ing for the usual daily operation of tain such additional terms and con- David A. Lechner and Diane K. a municipal department; now, there- ditions as are required to protect the Lechner. fore, interests of the City. The Directors Section 2. That the real property Be it ordained by the Council of of Law and Port Control are autho- to be sold pursuant to this ordinance the City of Cleveland: rized to execute such other docu- is more fully described as follows: Section 1. That notwithstanding ments, including without limitation, any provision of the Codified Ordi- contracts for right of entry, as may P.P. No. 003-25-070 nances of Cleveland, Ohio, 1976, to be necessary to effect the improve- Situated in the City of Cleveland, the contrary, the Director of Port ments within the property described County of Cuyahoga and State of Control is hereby authorized to herein. Ohio, and known as being Sublot No. enter into a Lease By Way of Con- Section 6. That the City acknowl- 13 in the Franklin Allotment of cession with American Airlines, Inc. edges, states and affirms, pursuant Sublot No. 97 in the Taylor Farm for the use and occupancy of to Article IX of the Trust Indenture Allotment and Sublot Nos. 92, 93, 106, approximately 11,591 square feet of from the City of Cleveland to the 107 and 110 in the Perkins Allotment space in the former United Cargo Chase Manhattan Trust Company, of part of Original Brooklyn Town- building at Cleveland Hopkins Inter- National Association, as successor ship Lot No. 51, as shown by the national Airport in connection with trustee, dated November 1, 1976, as recorded plat in Volume 3 of Maps, its operation of a cargo facility, for a amended (the “Indenture”), that the Page 11 of Cuyahoga County term of one (1) year with four one-year City desires and requests that cer- Records, and being 40 feet front on options which may be requested by tain portions of its land heretofore the Northwesterly side of Frank American Airlines, Inc. upon ninety subject to the Indenture be released Boulevard, N.W. (formerly Franklin (90) days written notice to the Direc- and removed from all obligations Avenue), and extending back about tor of Port Control prior to the expira- under said Indenture. Further, the 150 feet on the Easterly line, 160 tion of the initial term or then current City acknowledges, states and feet 7 inches on the Westerly line, option term. Any such request shall be affirms that it is not in default and having a irregular line of 40 approved or rejected by the Director of under said Indenture; that release of feet 11 inches (said rear line being Port Control. The rent for the first year such land is necessary in order to also the Southeasterly line of Vine shall be determined at a rate of serve the public purpose of provid- Court, N.W.) as appears by said plat, $7.00 per square foot. The rent for ing public utilities; and that certain be the same more or less, but sub- each and every option year exer- public improvements will be con- ject to all legal highways. cised shall be adjusted with the structed on the land to be released, Also subject to all zoning ordi- National Consumer Price Index including public utilities. nances, if any (“CPI”) but said rent shall never be Section 7. That the Director of Section 3. That all documents nec- less than $7.00 per square foot dur- Port Control is authorized to apply essary to complete the conveyance ing any option term. As used in this to the Chase Manhattan Trust Com- authorized by this ordinance shall section, “CPI” means the National pany, national Association, as suc- be executed within six (6) months Consumer Price Index for all Urban cessor trustee, for release of the of the effective date of this ordi- Consumers, U.S. City Average, as land described herein, pursuant to nance. If all of the documents are compiled by the United States De- the Indenture. not executed within six (6) months partment of Labor or, if the United 1113 48 The City Record May 22, 2002

States Department of Labor no Section 3. That this ordinance is Ord. No. 367-02. longer publishes such a Consumer hereby declared to be an emergency By Councilmen White and Jack- Price Index, any comparable index measure and, provided it receives son (by departmental request). published by another branch of the affirmative vote of two-thirds of An emergency ordinance to autho- department of the Federal govern- all the members elected to Council, rize the Clerk of the Cleveland ment. it shall take effect and be in force Municipal Court to exercise an The term shall commerce on the immediately upon its passage and option to renew Contract No. 57031 date of execution of the Agreement. approval by the Mayor; otherwise it with Affiliated Computer Services, Section 2. That the Lease By Way shall take effect and be in force Inc., formerly Lockheed-Martin IMS, of Concession authorized herein from and after the earliest period for the purchase of professional ser- shall be prepared by the Director of allowed by law. vices for the processing of parking Law, and shall contain such addi- Passed May 13, 2002. infraction tickets and collection of tional provisions as he deems nec- Effective May 20, 2002. fines, for the Clerk of the Cleveland essary to protect and benefit the Municipal Court. public interest. Whereas, Ordinance No. 515-2000, Section 3. That this ordinance is Ord. No. 350-02. passed June 1, 2000, authorized the hereby declared to be an emergency By Councilmen Westbrook and Clerk of the Cleveland Municipal measure and, provided it receives Jackson (by departmental request). Court to enter into contract with the affirmative vote of two-thirds of An emergency ordinance authoriz- Lockheed-Martin IMS, now Affiliated all the members elected to Council, ing the Director of Port Control to Computer Systems, Inc., d.b.a., ACS it shall take effect and be in force enter into a Lease By Way of Con- State and Local Solutions, Inc. immediately upon its passage and cession with Global Ground Ser- (“ACS”), for the purchase by re- approval by the Mayor; otherwise it vices, Inc., dba Servisair for opera- quirement contract of professional shall take effect and be in force tion of a cargo facility at Cleveland services for the processing of park- from and after the earliest period Hopkins International Airport. ing infraction tickets and the col- allowed by law. Whereas, this ordinance consti- lection of fines; and Passed May 13, 2002. tutes an emergency measure provid- Whereas, Ordinance No. 515-2000 Effective May 20, 2002. ing for the usual daily operation of requires further legislative authori- a municipal department; now, there- ty prior to exercising the options to fore, renew Contract No. 57031 with ACS; Ord. No. 349-02. Be it ordained by the Council of and By Councilmen Westbrook and the City of Cleveland: Whereas, the Council desires to Jackson (by departmental request). Section 1. That notwithstanding grant authority to exercise an An emergency ordinance authoriz- any provision of the Codified Ordi- option to renew Contract No. 57031 ing the Director of Port Control to nances of Cleveland, Ohio, 1976, to with ACS; and enter into a Lease By Way of Con- the contrary, the Director of Port Whereas, this ordinance consti- cession with American Airlines, Inc. Control is hereby authorized to tutes an emergency measure provid- for operation of a ground service enter into a Lease By Way of Con- ing for the usual daily operation of equipment service facility at Cleve- cession with Global Ground Ser- a municipal department; now, there- land Hopkins International Airport. vices, Inc., dba Servisair for the use fore, Whereas, this ordinance consti- and occupancy of approximately Be it ordained by the Council of tutes an emergency measure provid- 16,000 square feet of space in the the City of Cleveland: ing for the usual daily operation of former United Cargo building at Section 1. That notwithstanding a municipal department; now, there- Cleveland Hopkins International any provision of Ordinance No. 515- fore, Airport in connection with its oper- 2000, passed June 1, 2000 to the con- trary, the Clerk of the Cleveland Be it ordained by the Council of ation of a cargo facility, for a term Municipal Court is hereby autho- the City of Cleveland: of three (3) years with one three- Section 1. That notwithstanding rized to exercise the first option to year option which may be requested renew Contract No. 57031, for an any provision of the Codified Ordi- by Global Ground Services, Inc. dba nances of Cleveland, Ohio, 1976, to additional two-year term, with Affil- Servisair upon ninety (90) days iated Computer Systems, Inc., d.b.a., the contrary, the Director of Port written notice to the Director of Control is hereby authorized to ACS State and Local Solutions, Inc., Port Control prior to the expiration for professional services for the pro- enter into a Lease By Way of Con- of the initial term. Any such request cession with American Airlines, Inc. cessing of parking infraction tickets shall be approved or rejected by the and the collection of fines. This for the use and occupancy of Director of Port Control. The rent approximately 5,800 square feet of ordinance constitutes the additional for the first year shall be deter- legislative authority required by space in the former BP ProCare mined at a rate of $7.00 per square building at Cleveland Hopkins Inter- Section 1 of Ordinance No. 515-2000, foot. The rent for each and every passed June 1, 2000, to exercise this national Airport in connection with subsequent year of the initial term, option. At the expiration of the con- its operation of a ground service and each and every year of the tract term as extended by said first equipment service facility, for a option term shall be adjusted with option to renew, Contract No. 57031 term of one (1) year with four one- the National Consumer Price Index shall expire. year options which may be request- (“CPI”) but said rent shall never be Section 2. That this ordinance is ed by American Airlines, Inc. upon less than $7.00 per square foot. As hereby declared to be an emergency ninety (90) days written notice to used in this section, “CPI” means the measure and, provided it receives the Director of Port Control prior to National Consumer Price Index for the affirmative vote of two-thirds of the expiration of the initial term or all the members elected to Council, then current option term. Any such all Urban Consumers, U.S. City Aver- age, as compiled by the United it shall take effect and be in force request shall be approved or reject- immediately upon its passage and ed by the Director of Port Control. States Department of Labor or, if the United States Department of approval by the Mayor; otherwise it The rent for the first year shall be shall take effect and be in force determined at a rate of $7.50 per Labor no longer publishes such a Consumer Price Index, any compa- from and after the earliest period square foot. The rent for each and allowed by law. every option year exercised shall be rable index published b another branch of department of the Feder- Passed May 13, 2002. adjusted with the National Con- Effective May 20, 2002. sumer Price Index (“CPI”) but said al government. rent shall never be less than $7.50 The term shall commerce on the date of execution of the Agreement. per square foot. As used in this sec- Ord. No. 481-02. tion, “CPI” means the National Con- Section 2. That the Lease By Way of Concession authorized herein By Councilmen Westbrook, Brady, sumer Price Index for all Urban Sweeney, Cimperman and Jackson Consumers, U.S. City Average, as shall be prepared by the Director of Law, and shall contain such addi- (by departmental request). compiled by the United States An emergency ordinance deter- tional provisions as he deems nec- Department of Labor or, if the Unit- mining the method of making the ed States Department of Labor no essary to protect and benefit the public improvement of rehabilitat- longer publishes such a Consumer public interest. ing a portion of Western Avenue Price Index, any comparable index Section 3. That this ordinance is between West 117th Street and West published by another branch of hereby declared to be an emergency Boulevard; authorizing the Director department of the Federal govern- measure and, provided it receives of Public Service to enter into con- ment. the affirmative vote of two-thirds of tract for the making of such The term shall commerce on the all the members elected to Council, improvement; authorizing said direc- date of execution of the Agreement. it shall take effect and be in force tor to employ one or more profes- Section 2. That the Lease By Way immediately upon its passage and sional consultants to design the of Concession authorized herein approval by the Mayor; otherwise it improvement and authorizing the shall be prepared by the Director of shall take effect and be in force Commissioner of Purchases and Sup- Law, and shall contain such addi- from and after the earliest period plies to acquire for right-of-way pur- tional provisions as he deems nec- allowed by law. poses such real property as is nec- essary to protect and benefit the Passed May 13, 2002. essary to make the public improve- public interest. Effective May 20, 2002. ment. 1114 May 22, 2002 The City Record 49

Whereas, this ordinance consti- ment. The consideration to be paid of any grant funds authorized for tutes an emergency measure provid- for such property shall not exceed this purpose, the Director of Public ing for the usual daily operation of its appraised value. Service is hereby authorized to enter a municipal department; now, there- Section 5. That the Director of into contract for the making of the fore, Public Service is hereby authorized above public improvement with the Be it ordained by the Council of to execute on behalf of the City all lowest responsible bidder after com- the City of Cleveland: documents necessary to acquire petitive bidding upon a unit basis Section 1. That, pursuant to Sec- such property and to employ and for the improvement provided how- tion 167 of the Charter of the City pay all fees for title companies. sur- ever, that each separate trade and of Cleveland, it is hereby deter- veys, escrows, appraiser, and all each distinct component part of said mined to make the public improve- other costs necessary for the acqui- improvement may be treated as a ment of rehabilitating a portion of sition of such property. separate improvement, and each, or Western Avenue between West Section 6. That the cost of said any combination, of such trades or 117th Street and West Boulevard, for improvement and property acquisi- components may be the subject of a tion and services hereby authorized the Division of Engineering and separate contract upon a unit basis. Construction, Department of Public shall be paid from Fund Nos. 11 SF Section 3. That, provided the City Service, by contract duly let to the 006, 20 SF 181, 20 SF 190, 20 SF 302, of Cleveland sells the 2002 general lowest responsible bidder after com- 20 SF 312, 20 SF 322, 20 SF 334, 20 petitive bidding upon a unit basis SF 342, 20 SF 353, 20 SF 364, 20 SF obligation bonds authorized for this for the improvement. 373, 20 SF 380, 52 SF 001, 54 SF 001, purpose and provided that the City Section 2. That, provided the City 58 SF 001, from the fund or funds to of Cleveland receives the proceeds of Cleveland sells the 2002 general which are credited the proceeds of of any grant funds received for this obligation bonds authorized for this the sale of general obligation bonds purpose, the Director of Public Ser- purpose and provided that the City issued in 2002 for the purpose which vice is hereby authorized to employ of Cleveland receives the proceeds includes the above project, and from by contract one or more consultants of the Ohio Public Works Commis- the fund or funds to which are cred- or one or more firms of consultants sion grant authorized by Ordinance ited the proceeds of the Ohio Public for the purpose of supplementing No. 1857-01, the Director of Public Works grant authorized by Ordi- the regularly employed staff of the Service is hereby authorized to enter nance No. 1857-01, Request No. several departments of the City of into contract for the making of the 113850. Cleveland in order to provide pro- above public improvement with the Section 7. That this ordinance is fessional services necessary to lowest responsible bidder after com- hereby declared to be an emergency design the public improvement petitive bidding upon a unit basis measure and, provided it receives authorized above. for the improvement provided how- the affirmative vote of two-thirds of The selection of said consultants all the members elected to Council, ever, that each separate trade and for such services shall be made by each distinct component part of said it shall take effect and be in force immediately upon its passage and the Board of Control upon the nom- improvement may be treated as a ination of the Director of Public Ser- separate improvement, and each, or approval by the Mayor; otherwise it vice from a list of qualified consul- any combination, of such trades or shall take effect and be in force tants available for such employment components may be the subject of a from and after the earliest period separate contract upon a unit basis. allowed by law. as may be determined after a full Section 3. That, provided the City Passed May 13, 2002. and complete canvass by the Direc- of Cleveland sells the 2002 general Effective May 20, 2002. tor of Public Service for the purpose obligation bonds authorized for this of compiling such a list. The com- purpose and provided that the City pensation to be paid for such ser- of Cleveland receives the proceeds Ord. No. 482-02. vices shall be fixed by the Board of of the Ohio Public Works grant By Councilmen Jackson, Reed, Control. The contract herein autho- authorized by Ordinance No. 1857-01, Sweeney and Cimperman (by de- rized shall be prepared by the Direc- the Director of Public Service is partmental request). tor of Law, approved by the Direc- hereby authorized to employ by con- An emergency ordinance deter- tor of Public Service, and certified tract one or more consultants or one mining the method of making the by the Director of Finance. public improvement of rehabilitat- or more firms of consultants for the Section 4. That the Director of purpose of supplementing the regu- ing a portion of Kinsman Road between East 93rd Street and the Public Service is hereby authorized larly employed staff of the several eastern corporation line; authorizing to apply for and accept a grant in departments of the City of Cleveland the Director of Public Service to the estimated amount of $696,000.00, in order to provide professional ser- enter into contract for the making from the Ohio Department of Trans- vices necessary to design the public of such improvement; authorizing portation for economic assistance improvement authorized above. said director to employ one or more necessary to partially finance the The selection of said consultants professional consultants to design Improvement described herein; that for such services shall be made by the improvement; authorizing said the Director of Public Service is the Board of Control upon the nom- Director to enter into a Local Pro- hereby authorized to file all papers ination of the Director of Public Ser- ject Administration agreement with and execute all documents neces- vice from a list of qualified consul- the Ohio Department of Transporta- tants available for such employment sary to receive the funds under said tion regarding the public improve- grant; and that said funds be and as may be determined after a full ment; and authorizing the Director and complete canvass by the Direc- they hereby are appropriated for of Public Service to apply for and this purpose. tor of Public Service for the purpose accept a grant from the Ohio Section 5. That the Director of of compiling such a list. The com- Department of Transportation to pensation to be paid for such ser- partially finance the public improve- Public Service is authorized to enter vices shall be fixed by the Board of ment. into a Local Project Administration Control. The contract herein autho- Whereas, this ordinance consti- Agreement with the Director of rized shall be prepared by the Direc- tutes an emergency measure provid- Transportation necessary to effect tor of Law, approved by the Direc- ing for the usual daily operation of the Improvement. tor of Public Service, and certified a municipal department; now, there- Section 6. That the cost of said by the Director of Finance. fore, improvement and services hereby That the cost of said contract Be it ordained by the Council of authorized shall be paid from Fund shall be charged against the proper the City of Cleveland: Nos. 11 SF 006, 20 SF 181, 20 SF 190, appropriation account and the Direc- Section 1. That, pursuant to Sec- 20 SF 302, 20 SF 312, 20 SF 322, 20 tor of Finance shall certify thereon tion 167 of the Charter of the City SF 334, 20 SF 342, 20 SF 353, 20 SF the amount of the initial purchase of Cleveland, it is hereby deter- 364, 20 SF 373, 20 SF 380, 52 SF 001, thereunder, which purchase, togeth- mined to make the public improve- 54 SF 001, 58 SF 001, from the fund er with all subsequent purchases, ment of rehabilitating a portion of or funds to which are credited the shall be made on order of the Com- Kinsman Road between East 93rd proceeds of the sale of general missioner of Purchases and Supplies Street and the eastern corporation obligation bonds issued in 2002 pursuant to a requisition against line, for the Division of Engineering such contract duly certified by the and Construction, Department of authorized for this purpose, from the Director of Finance. Public Service, by contract duly let fund or funds to which are credited Section 4. That notwithstanding to the lowest responsible bidder the proceeds of the grant accepted any provision of the Codified Ordi- after competitive bidding upon a pursuant to this ordinance and are nances of Cleveland, Ohio, 1976, to unit basis for the improvement. appropriated for this purpose, and the contrary, the Commissioner of Section 2. That, provided the City from the fund or funds to which are Purchases and Supplies is hereby of Cleveland sells the 2002 general credited the proceeds of the Ohio authorized to acquire for right-of- obligation bonds authorized for this Public Works Commission grant way purposes such real property as purpose and provided that the City authorized by Ordinance No. 1857-01, is necessary to make the Improve- of Cleveland receives the proceeds Request No. 113853. 1115 50 The City Record May 22, 2002

Section 7. That the Clerk of Coun- Section 3. That this ordinance is Ord. No. 600-02. cil is hereby authorized to transmit hereby declared to be an emergency By Councilmen Gordon and Jack- to the Director of Transportation measure and, provided it receives son (by departmental request). three (3) certified copies of this the affirmative vote of two-thirds of An emergency ordinance to amend ordinance immediately upon the tak- all the members elected to Council, Section 3 of Ordinance No. 709-01, ing effect thereof, and it shall it shall take effect and be in force passed July 18, 2001, relating to a contract with Vocational Guidance become the basis for proceeding immediately upon its passage and with the Improvement. Services for economic development approval by the Mayor; otherwise it Section 8. That this ordinance is assistance to partially finance land hereby declared to be an emergency shall take effect and be in force acquisition, purchase of machinery, measure and, provided it receives from and after the earliest period equipment and fixtures, the con- the affirmative vote of two-thirds of allowed by law. struction of a new building at East all the members elected to Council, Passed May 13, 2002. 55th Street and Longfellow Avenue, it shall take effect and be in force Effective May 20, 2002. and to make building improvements immediately upon its passage and at 2239 East 55th Street. approval by the Mayor; otherwise it Whereas, this ordinance consti- shall take effect and be in force Ord. No. 593-02. tutes an emergency measure provid- from and after the earliest period By Councilmen Britt and Jackson ing for the usual daily operation of allowed by law. (by departmental request). a municipal department; now, there- fore, Passed May 13, 2002. An emergency ordinance authoriz- Effective May 20, 2002. Be it ordained by the Council of ing the purchase by requirement the City of Cleveland: contract of ground applications nec- Section 1. That Section 3 of Ordi- essary to control adult mosquitoes, Ord. No. 588-02. nance No. 709-01, passed July 18, for the Division of Environment, By Councilmen Dolan, Coats, Cim- 2001, is hereby amended to read as perman and Jackson (by depart- Department of Public Health. follows: mental request). Whereas, this ordinance consti- Section 3. That the terms of said An emergency ordinance to amend tutes an emergency measure provid- loan and grant shall be in accor- the title, Section 1 and Section 3 of ing for the usual daily operation of dance with the terms as set forth in Ordinance No. 1000-2000, passed June a municipal department; now, there- the Summary contained in File No. 19, 2000, as amended by various ordi- fore, 709-01-B. Section 2. That existing Section 3 nances, relating to the public Be it ordained by the Council of of Ordinance No. 709-01, passed July improvement of rehabilitating sew- the City of Cleveland: ers on Westpark Road and Lydian 18, 2001, is hereby repealed. Section 1. That the Director of Section 3. That this ordinance is Avenue. Public Health is hereby authorized Whereas, this ordinance consti- hereby declared to be an emergency to make a written requirement con- measure and, provided it receives tutes an emergency measure provid- tract in accordance with the Charter ing for the usual daily operation of the affirmative vote of two-thirds of and the Codified Ordinances of a municipal department; now, there- all the members elected to Council, Cleveland, Ohio, 1976, for the re- fore, it shall take effect and be in force Be it ordained by the Council of quirements for the period of one immediately upon its passage and the City of Cleveland: year for the necessary items of approval by the Mayor; otherwise it Section 1. That the title, Section 1 ground applications necessary to shall take effect and be in force and Section 3 of Ordinance No. 1000- control adult mosquitoes in the from and after the earliest period 2000, passed June 19, 2000, as amend- approximate amount as purchased allowed by law. Passed May 13, 2002. ed by Ordinance Nos. 1590-2000, during the preceding year, to be pur- Effective May 20, 2002. passed November 27, 2000, and 707- chased by the Commissioner of Pur- 01, passed June 11, 2001, are hereby chases and Supplies upon a unit amended to read, respectively, as basis for the Division of Environ- Ord. No. 680-02. follows: ment, Department of Public Safety. An emergency ordinance deter- By Councilmen Britt and Jackson Bids shall be taken in such manner (by departmental request). mining the method of making the as to permit an award to be made public improvement of rehabilitat- An emergency ordinance authoriz- for all items as a single contract, or ing the Westpark Road and Lydian ing the purchase by requirement Avenue sewers, including water by separate contract for each or any contract of burials for indigent mains, connectors, aprons, curbs and combination of said items as the dead, for the Division of Health, pavement, as necessary, and autho- Board of Control shall determine. Department of Public Health, for a rizing the Director of Public Utili- Alternate bids for a period less than period not to exceed one year. ties to enter into contract for the a year may be taken if deemed Whereas, this ordinance consti- making of such improvement. desirable by the Commissioner of tutes an emergency measure provid- Section 1. That, pursuant to Sec- Purchases and Supplies until provi- ing for the usual daily operation of tion 167 of the Charter of the City sion is made for the requirements a municipal department; now, there- of Cleveland, it is hereby deter- for the entire year. fore, mined to make the public improve- Section 2. That the cost of said Be it ordained by the Council of ment of rehabilitating the Westpark contract shall be charged against the City of Cleveland: Road sewer between Rocky River the proper appropriation account Section 1. That the Director of Drive and Lydian Avenue between and the Director of Finance shall Public Health is hereby authorized Westpark Road and West 155th certify thereon the amount of the to make a written requirement con- Street, for the Divisions of Water tract in accordance with the Charter and Water Pollution Control, Depart- initial purchase thereunder, which purchase, together with all subse- and the Codified Ordinances of ment of Public Utilities, by contract Cleveland, Ohio, 1976, for the re- duly let to the lowest responsible quent purchases, shall be made on quirements for the period of one bidder after competitive bidding order of the Commissioner of Pur- year for the necessary items of buri- upon a unit basis for the improve- chases and Supplies pursuant to a als for indigent dead in the approx- ment. requisition against such contract imate amount as purchased during Section 3. That the cost of said duly certified by the Director of the preceding term to be purchased improvement hereby authorized Finance. (RL 121426) by the Commissioner of Purchases shall be paid from Fund Nos. 10 SF Section 3. That this ordinance is and Supplies upon a unit basis for the Division of Health, Department 166, 52 SF 001, 54 SF 001 and from hereby declared to be an emergency of Public Health. Bids shall be any fund or funds to which are cred- measure and, provided it receives ited any allocations received from taken in such manner as to permit the affirmative vote of two-thirds of an award to be made for all items the Northeast Ohio Regional Sewer all the members elected to Council, as a single contract, or by separate District to contribute to the cost of it shall take effect and be in force contract for each or any combina- this improvement. immediately upon its passage and tion of said items as the Board of Section 2. That the existing title, Control shall determine. Alternate Section 1 and Section 3 of Ordinance approval by the Mayor; otherwise it shall take effect and be in force bids for a period less than one year No. 1000-2000, passed June 19, 2000, may be taken if deemed desirable as amended by Ordinance Nos. 1590- from and after the earliest period by the Commissioner of Purchases 2000, passed November 27, 2000, and allowed by law. and Supplies until provision is made 707-01, passed June 11, 2001, are Passed May 13, 2002. for the requirements for the entire hereby repealed. Effective May 20, 2002. term. 1116 May 22, 2002 The City Record 51

Section 2. That the cost of said improvement of constructing the future waterworks revenue bonds contract shall not exceed $30,000.00 Nottingham Chemical Project, reha- issued for this purpose, and from the and shall be charged against the bilitating the discharge headers for fund or funds to which are credited proper appropriation account and the Nottingham finished water pump the loan proceeds received pursuant the Director of Finance shall certi- station and remediating erosion to the authority of Ordinance No. fy thereon the amount of the initial affecting the Nottingham Water 2367-01, passed March 11, 2002, purchase thereunder, which pur- Plant in portions of the Euclid Request No. 114463. chase, together with all subsequent Creek Reservation, and authorizing Section 4. That Section 4 of Ordi- purchases, shall be made on order of the Director of Public Utilities to nance No. 2367-01, passed March 11, the Commissioner of Purchases and enter into contract for the making 2002, is hereby renumbered to new Supplies pursuant to a requisition of such improvement. “Section 7”. against such contract duly certified Whereas, this ordinance consti- Section 5. That this ordinance is by the Director of Finance. (RL tutes an emergency measure provid- hereby declared to be an emergency 121427) ing for the usual daily operation of measure and, provided it receives Section 3. That this ordinance is a municipal department; now, there- the affirmative vote of two-thirds of hereby declared to be an emergency fore, all the members elected to Council, measure and, provided it receives Be it ordained by the Council of it shall take effect and be in force the affirmative vote of two-thirds of the City of Cleveland: immediately upon its passage and all the members elected to Council, Section 1. That the title of Ordi- approval by the Mayor; otherwise it it shall take effect and be in force nance No. 2367-01, passed March 11, shall take effect and be in force immediately upon its passage and 2002, is hereby amended to read as from and after the earliest period approval by the Mayor; otherwise it follows: allowed by law. shall take effect and be in force An emergency ordinance authoriz- Passed May 13, 2002. from and after the earliest period ing the Director of Public Utilities Effective May 20, 2002. allowed by law. to apply for and accept a Water Sup- Passed May 13, 2002. ply Revolving Loan Account loan to Effective May 20, 2002. finance portions of the Nottingham Ord. No. 759-02. Chemical Project; determining the By Councilmen Coats and Jackson method of making the public (by departmental request). Ord. No. 722-02. improvement of constructing the An emergency ordinance authoriz- By Councilman Jackson (by Nottingham Chemical Project, reha- ing the Director of Public Utilities departmental request). bilitating the discharge headers for to apply for and accept a grant from An emergency ordinance to amend the Nottingham finished water pump the U.S. Environmental Protection Section 2 of Ordinance No. 343-02, station and remediating erosion Agency for the Water Security passed April 1, 2002, relating to a affecting the Nottingham Water Grant; and authorizing the said requirement contract of ready mix Plant in portions of the Euclid Director to employ consultants to concrete, for the various divisions of Creek Reservation, and authorizing provide professional services neces- City government. the Director of Public Utilities to sary to develop and perform a secu- Whereas, this ordinance consti- enter into contract for the making rity assessment, planning and vul- tutes an emergency measure provid- of such improvement. nerability assessment of publicly- ing for the usual daily operation of Section 2. That the existing title owned drinking water facilities. a municipal department; now, there- of Ordinance No. 2367-01, passed Whereas, this ordinance consti- fore, March 11, 2002, is hereby repealed. tutes an emergency measure provid- Be it ordained by the Council of Section 3. That Ordinance No. 2367- ing for the usual daily operation of the City of Cleveland: 01, passed March 11, 2002, is hereby a municipal department; now, there- Section 1. That Section 2 of Ordi- supplemented by adding new Sec- fore, nance No. 343-02, passed April 1, tions 4, 5, and 6 thereof, to read, Be it ordained by the Council of 2002, is hereby amended to read as respectively, as follows: the City of Cleveland: follows: Section 4. That, pursuant to Sec- Section 1. That the Director of Section 2. That the cost of said tion 167 of the Charter of the City Public Utilities is hereby authorized contract shall not exceed $3,000,000.00 of Cleveland, it is hereby deter- to apply for and accept a grant in and shall be charged against the mined to make the public improve- the amount of $115,000, from the U.S. proper appropriation account and ment of constructing the Notting- Environmental Protection Agency, to the Director of Finance shall certi- ham Chemical Project, rehabilitat- conduct the Water Security Grant, fy thereon the amount of the initial ing the discharge headers for the for the purposes set forth in the purchase thereunder, which pur- Nottingham finished water pump application and according thereto; chase, together with all subsequent station and remediating erosion that the Director of Public Utilities purchases, shall be made on order of affecting the Nottingham Water is hereby authorized to file all the Commissioner of Purchases and Plant in portions of the Euclid papers and execute all documents Supplies pursuant to a requisition Creek Reservation (the “Improve- necessary to receive the funds under against such contract duly certified ment”), for the Division of Water, said grant; and that said funds be by the Director of Finance. (RL Department of Public Utilities, by and they hereby are appropriated 104706) contract duly let to the lowest for the purposes set forth in the Section 2. That existing Section 2 responsible bidder after competitive application for said grant. of Ordinance No. 343-02, passed April bidding for a gross price for the Section 2. That the application for 1, 2002, is hereby repealed. Improvement. said grant, File No. 759-02-A, made a Section 3. That this ordinance is Section 5. That the Director of part hereof as if fully rewritten hereby declared to be an emergency Public Utilities is hereby authorized herein, is hereby approved in all measure and, provided it receives to enter into contract for the mak- respects. the affirmative vote of two-thirds of ing of the above public improvement Section 3. That the Director of all the members elected to Council, with the lowest responsible bidder Public Utilities is hereby authorized it shall take effect and be in force after competitive bidding for a gross to employ by contract one or more immediately upon its passage and price for the Improvement provided consultants or one or more firms of approval by the Mayor; otherwise it however, that each separate trade consultants for the purpose of sup- shall take effect and be in force and each distinct component part of plementing the regularly employed from and after the earliest period said Improvement may be treated as staff of the several departments of allowed by law. a separate Improvement, and each, the City of Cleveland in order to pro- Passed May 13, 2002. or any combination, of such trades vides professional services neces- Effective May 20, 2002. or components may be the subject of sary to develop and perform a secu- a separate contract for a gross rity assessment, planning and vul- price. Upon request of said director nerability assessment of publicly- the contractor shall furnish a cor- owned drinking water facilities. Ord. No. 758-02. rect schedule of unit prices, includ- The selection of said consultant or By Councilmen Coats and Jackson ing profit and overhead, for all consultants for such services shall (by departmental request). items constituting units of said be made by the Board of Control An emergency ordinance to amend Improvement. upon the nomination of the Director the title of Ordinance No. 2367-01, Section 6. That the cost of said of Public Utilities from a list of passed March 11, 2002, and to sup- Improvement hereby authorized qualified consultants available for plement said ordinance by adding shall be paid from Fund Nos. 52 SF such employment as may be deter- new Sections 4, 5 and 6; and to 001, 52 SF 223, 52 SF 225, 52 SF 227, mined after a full and complete can- renumber existing Section 4 to new from the fund or funds to which are vass by the Director of Public Util- Section 7, relating to the public credited the proceeds of the sale of ities for the purpose of compiling 1117 52 The City Record May 22, 2002 such a list. The compensation to be 5.4% of the cost of the Common of Public Health is hereby autho- paid for such services shall be fixed Area Maintenance expenses for rized to file all papers and execute by the Board of Control. The con- 23500-23600 Mercantile Road. all documents necessary to receive tract herein authorized shall be pre- Section 4. That the lease may the funds under said grant; and that pared by the Director of Law, authorize the City to make improve- said funds be and they hereby are approved by the Director of Public ments to the lease premises under appropriated for the purposes set utilities, and certified by the Direc- terms to be determined by the par- forth in the summary for said grant. tor of Finance. ties consistent with the public pur- Section 2. That the summary for Section 4. That the costs for such pose or purposes of leasing space to said grant, File No. 769-02-A, made a services herein contemplated shall store goods necessary for the oper- part hereof as if fully rewritten be paid from the fund or funds to ation of the Cleveland House of Cor- herein, including the obligation of which are credited the grant pro- rections. ceeds accepted pursuant to this ordi- Section 5. That the lease may pro- the City of Cleveland to provide nance and are hereby appropriated vide for the City’s payment of appro- cash matching funds in the sum of for this purpose. priate utility and other operating $15,000, to be paid from Fund No. 01- Section 5. That this ordinance is costs of the leased premises. 500500-639905, is hereby approved in hereby declared to be an emergency Section 6. That the costs of the all respects. measure and, provided it receives lease shall be paid from Fund No. Section 3. That notwithstanding the affirmative vote of two-thirds of 17 SF 684, Request No. 103553. and as an exception to the provi- all the members elected to Council, Section 7. That the lease shall be sions of Chapters 181 and 183 of the it shall take effect and be in force prepared by the Director of Law and Codified Ordinances of Cleveland, immediately upon its passage and shall contain such authorized terms Ohio, 1976, the Director of Public approval by the Mayor; otherwise it and conditions as are required to Health is hereby authorized to lease shall take effect and be in force protect the interests of the City. a facility for the implementation of from and after the earliest period Section 8. That the Director of the grant. The term of the lease allowed by law. Public Health and the Director of shall not exceed the grant period Passed May 13, 2002. Law, and other appropriate City offi- and shall be payable from the fund Effective May 20, 2002. cials, are authorized to execute such or funds to which are credited the other documents and certificates, grant proceeds accepted pursuant to and take such other actions as may this ordinance. be necessary or appropriate to effect Ord. No. 768-02. That the lease may authorize the the lease authorized by this ordi- By Councilmen Britt and Jackson City to make improvements to the (by departmental request). nance. leased premises under terms to be An emergency ordinance authoriz- Section 9. That the Director of determined by the parties consistent ing the Director of Public Health to Public Health shall review the fea- lease property known as 23600 Mer- sibility of renovating the House of with the purposes of the grant. cantile Road, from Mercantile Asso- Corrections to add storage space. That the lease may provide for the ciates for a term not to exceed one The Director of Public Health shall City’s payment of appropriate utili- year, for the public purpose of leas- provide a summary of this review to ty and other operating costs of the ing space to store goods necessary the Public Health Committee ninety leased premises. for the operation of the Cleveland (90) days after the effective date of That the lease shall be prepared House of Corrections. this ordinance. by the Director of Law and shall Whereas, the City of Cleveland Section 10. That this ordinance is contain such authorized terms and requires certain space located at hereby declared to be an emergency conditions as are required to protect 23600 Mercantile Road, in Beech- measure and, provided it receives the interests of the City. wood, Ohio, including the exclusive the affirmative vote of two-thirds of That the Director of Public use of ten parking spaces, and the all the members elected to Council, Health, the Director or Law, and non-exclusive use of common park- it shall take effect and be in force other appropriate City officials, are ing and loading areas, for the pub- immediately upon its passage and authorized to execute such other lic purpose of leasing space to store approval by the Mayor; otherwise it documents and certificates, and take goods necessary for the operation of shall take effect and be in force such other actions as may be nec- the Cleveland House of Corrections; from and after the earliest period essary or appropriate to effect the and allowed by law. lease authorized by this ordinance. Whereas, Mercantile Associates Passed May 13, 2002. Section 4. That the costs of the has proposed to lease said space to Effective May 20, 2002. lease authorized herein shall be the City of Cleveland; and paid from the fund or funds to Whereas, this ordinance consti- which are credited the proceeds of tutes an emergency measure provid- Ord. No. 769-02. ing for the usual daily operation of the grant accepted pursuant to this By Councilmen Britt and Jackson ordinance and from the cash match a municipal department; now, there- (by departmental request). identified above. fore, An emergency ordinance authoriz- Section 5. That upon award and Be it ordained by the Council of ing the Director of Public Health to acceptance of the grant to conduct the City of Cleveland: apply for and accept a grant from the 2002-2003 Center Point/Student Section 1. That notwithstanding the Alcohol and Drug Addiction Ser- and as an exception to the provi- vices Board of Cuyahoga County for Assistance/Drug Prevention Pro- sions of Chapters 181 and 183 of the the 2002-03 Center Point/Student gram, the Director of Public Health Codified Ordinances of Cleveland, Assistance/Drug Prevention Pro- shall review the Student Assistance Ohio, 1976, the Director of Public gram; and to enter into contract for Program to determine the feasibili- Health is authorized to lease from the lease of facilities needed to ty of providing drug prevention and Mercantile Associates certain space implement the program. educational services at Lincoln more fully described as follows: Whereas, this ordinance consti- West and other schools in the Cleve- approximately 5,400 square feet of tutes an emergency measure provid- land Municipal School District. space located at 23600 Mercantile ing for the usual daily operation of Three (3) months after the accep- Road, Beechwood, Ohio, including a municipal department; now, there- tance of the grant funds, the Direc- the exclusive use of ten parking fore, tor of Public Health shall provide a spaces, and the non-exclusive use of Be it ordained by the Council of report to the Public Health Commit- common parking and loading areas the City of Cleveland: tee summarizing this review. (“Premises”). Section 1. That the Director of Section 6. That this ordinance is Section 2. That the term of the Public Health is hereby authorized hereby declared to be an emergency lease authorized by this ordinance measure and, provided it receives shall not exceed one year, and shall to apply for and accept a grant in include authority to the Director of the approximate amount of $497,884, the affirmative vote of two-thirds of Public Health to cancel this lease and any other funds as they become all the members elected to Council, upon a 60-day notice, prior to the available during the grant term, it shall take effect and be in force one year term, by written notifica- from the Alcohol and Drug Addic- immediately upon its passage and tion to Mercantile Associates. tion Services Board of Cuyahoga approval by the Mayor; otherwise it Section 3. That the rent for the County, to conduct the 2002-03 Cen- shall take effect and be in force lease authorized by this ordinance ter Point/Student Assistance/Drug from and after the earliest period shall be a base rate of $3,000 per Prevention Program, for the purpos- allowed by law. month, exclusive of utilities. The es set forth in the summary and Passed May 13, 2002. City of Cleveland shall also pay according thereto; that the Director Effective May 20, 2002 1118 May 22, 2002 The City Record 53

Ord. No. 945-02. By Councilman Britt (by request). An emergency ordinance authorizing the Director of Public Service to issue a permit to Fairfax Renaissance Development Corporation to hang 19-location identification banners which will encroach into the right-of-way of Quincy Avenue between East 79th and East 93rd Streets. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Public Service hereby is authorized to issue a permit, revocable at the will of Council of the City of Cleveland, and assignable by the Permittee with the written consent of the Director of Public Service to the Fairfax Renaissance Development Corporation, 8520 Carnegie Avenue, Cleveland, Ohio 44106, their successors and assigns, to hang nineteen (19) location identification banners, using Cleveland Public Power (“C.P.P.”) utility poles (by separate permission), and which banners will encroach into the public right-of-way of Quincy Avenue between East 79th and East 93rd Streets at the following locations:

LOCATION OF BANNER POLE POLE OWNER: Eastside of E. 82nd b/t Quincy & Central E2-35-16-8-2 C.P.P. Southeast corner of E. 79th & Quincy No. Number C.P.P. South side of Quincy b/t E. 79th & E. 82nd Sts. E2-35-16-14 C.P.P. South side of Quincy b/t E. 79th & E. 82nd Sts. E2-35-16-13 C.P.P. South side of Quincy b/t E. 79th & E. 82nd Sts. E2-35-16-12 C.P.P. South side of Quincy b/t E. 79th & E. 82nd Sts. E2-35-16-11 C.P.P. South side Quincy b/t E. 79th & E. 82nd Sts. E2-35-16-10 C.P.P. South side of Quincy b/t E. 79th & E. 82nd Sts. E2-35-16-9 C.P.P. South side of Quincy b/t E. 82nd & E. 83rd Sts. E2-36-16-8 C.P.P. South side Quincy b/t E. 82nd & E. 83rd Sts. E2-36-16-7 C.P.P. South side of Quincy b/t E. 82nd & E. 83rd Sts. MELP 75420 C.P.P. South side of Quincy b/t E. 82nd & E. 83rd Sts. E2-35-16-6 C.P.P. Southwest corner of E. 93rd & Quincy E2-25-19A C.P.P. Southwest corner of E. 93rd & Quincy E2-25-19-1 C.P.P. South side of Quincy b/t E. 93rd & E. 90th Sts. E2-23-19-2 C.P.P. South side of Quincy b/t E. 93rd & E. 90th Sts. E2-23-19-2 C.P.P. South side of Quincy b/t E. 93 & E. 90th Sts. E2-25-19-3 C.P.P. South side of Quincy b/t E. 93rd & E. 90th Sts. E2-25-19-4 C.P.P. South side of Quincy b/t E. 90th & E. 89th Sts. E2-25-19-6 C.P.P. Southeast corner of E. 89th St. & Quincy E2-25-19-7 C.P.P.

Section 2. That said banners will be placed within the public right-of-way as aforesaid in Section 1 and will be constructed in accordance with plans and specifications approved by the Commissioner of Engineering and Construction. That all other required permits, including a Building Permit, shall be obtained before said banners are constructed and hung. Section 3. That nothing in this ordinance grants or shall be considered a grant to Permittee any right, privi- lege or permission to use or to attach or affix any objects to poles described in Section 1 of this ordinance. Section 4. That the Permittee herein authorized shall reserve reasonable right-of-entry to tile City of Cleveland; and that the Permit shall require the Permittee to provide Commercial General Liability Insurance including Com- pleted Operations Coverage, and that Permittee shall maintain the permitted encroachment area, and that the Per- mittee shall pay any applicable taxes and assessments due and/or owing on the permitted encroachment area. Section 5. That the permit herein authorized shall be prepared by the Director of Law and shall be issued only when, in the opinion of the Director of Law, the City of Cleveland has been properly indemnified against any and all loss which may result from said permit. Section 6. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law. Passed May 13, 2002. Effective May 20, 2002. 1119 54 The City Record May 22, 2002

Ord. No. 946-02. Section 3. That the Director of Section 1. That the Director of By Councilmen Conwell, Pierce Law shall prepare and approve said Community Development is autho- Scott and Britt. contract and that the contract shall rized to enter into an agreement An emergency ordinance authoriz- contain such terms and provisions with the N-Joy Life Group for the ing and directing the Director of as he deems necessary to protect the implementation of the Youth 2 Public Service to issue a permit to City’s interest. Youth Program, for the public pur- University Circle Incorporated to Section 4. That this ordinance is pose of educating Cleveland youth stretch banners on Martin Luther hereby declared to be an emergency on the danger of drug, tobacco and King Jr. Drive (east of the Cleve- measure and, provided it receives alcohol use, through the use of land Museum of Natural History), the affirmative vote of two-thirds of Ward 2 Neighborhood Equity Funds. on Stokes Boulevard, and on Cedar all the members elected to Council, Section 2. That the cost of said Hill for the period of May 10, 2002 it shall take effect and be in force contract shall be in an amount not to June 15, 2002, inclusive publiciz- immediately upon its passage and to exceed $20,000 and shall be paid ing “Parade the Circle Celebration”. approval by the Mayor; otherwise it from Fund No. 10 SF 166. Whereas, this ordinance consti- shall take effect and be in force Section 3. That the Director of tutes an emergency measure provid- from and after the earliest period Law shall prepare and approve said ing for the usual daily operation of allowed by law. contract and that the contract shall a municipal department; now, there- Passed May 13, 2002. contain such terms and provisions fore Effective May 20, 2002. Be it ordained by the Council of as he deems necessary to protect the the City of Cleveland: City’s interest. Section 4. That this ordinance is Section 1. That notwithstanding Ord. No. 948-02. the provision of Section 623.13 of the hereby declared to be an emergency By Councilman Scott. Codified Ordinances of Cleveland, measure and, provided it receives An emergency ordinance consent- Ohio 1976, the Director of Public Ser- the affirmative vote of two-thirds of ing and approving the issuance of a vice is hereby authorized and direct- all the members elected to Council, permit for the 12th Annual Miles ed to issue a permit to University it shall take effect and be in force Standish Miler Fun Run on June 4, Circle Incorporated, 10831 Magnolia immediately upon its passage and Drive, Cleveland, Ohio 44106-1887, to 2002, (raindate: June 5, 2002), spon- approval by the Mayor; otherwise it install, maintain and remove ban- sored by the Miles Standish Ele- shall take effect and be in force ners located on Martin Luther King mentary School. from and after the earliest period Jr. Drive (east of the Cleveland, Whereas, this ordinance consti- allowed by law. Museum of Natural History), and on tutes an emergency measure provid- Passed May 13, 2002. ing for the usual daily operation of Stokes Boulevard and on Cedar Hill, Effective May 20, 2002. for the period of May 10, 2002 to a municipal department; now, there- June 15, 2002, inclusive, publicizing fore “Parade the Circle Celebration”. Said Be it ordained by the Council of the City of Cleveland: Ord. No. 950-02. banners shall be approved by the By Councilman Zone. Director of Public Service in con- Section 1. That pursuant to Sec- tion 411.06 of the Codified Ordi- An emergency ordinance authoriz- sultation with the Director of Pub- ing and directing the Director of lic Safety, as to type, method of nances of Cleveland, Ohio 1976, this Public Service to issue a permit to affixing and location so as not to Council consents to and approves Sagrada Familia Church to stretch interfere with any sign erected and the holding of the 12th Annual Miles maintained under the requirements Standish Miler Fun Run, sponsored banners at 7750 Detroit Avenue and of law or ordinance. The permission by the Miles Standish Elementary 7775 Detroit Avenue, for the period of the owner of any pole from which School, on June 4, 2002, (raindate: from June 1, 2002 to June 24, 2002, a banner will be hung must be June 5, 2002), beginning at the inclusive, publicizing the Church obtained prior to issuance of the school, 1000 East 92nd Street, west Festival. permit. No commercial advertising on Parkgate Road to East Boule- Whereas, this ordinance consti- shall be printed or permitted on said vard to Parkside Road, north on tutes an emergency measure provid- banner, and said banners shall be Parkside Road to Parkgate Road, ing for the usual daily operation of removed promptly upon the expira- east on Parkgate Road and finish a municipal department; now, there- tion of said permit. back at the school, provided that the fore Section 2. That this ordinance is applicant sponsor shall meet all the Be it ordained by the Council of hereby declared to be an emergency requirements of Section 411.05 of the the City of Cleveland: measure and, provided it receives Codified Ordinances of Cleveland, Section 1. That notwithstanding the affirmative vote of two-thirds of Ohio, 1976. Streets may be closed as the provision of Section 623.13 of the all the members elected to Council, determined by the Chief of Police Codified Ordinances, of Cleveland, it shall take effect and be in force and safety forces as may be neces- Ohio, 1976, the Director of the De- immediately upon its passage and sary in order to protect the partici- partment of Public Service is here- approval by the Mayor; otherwise it pants in the event. Said permit by authorized and directed to issue shall take effect and be in force shall further provide that the City a permit to the Sagrada Familia from and after the earliest period of Cleveland shall be fully indemni- Church to install, maintain and re- allowed by law. fied from any and all liability move banners at 7750 Detroit Ave- Passed May 13, 2002. resulting from the issuance of the nue (Pole Nos. E 6 43 and E 5 4 dark Effective May 20, 2002. same, to the extent and in form sat- brown light poles) and 7775 Detroit isfactory to the Director of Law. Avenue (Pole Nos. E 6 42 and E 5 Section 2. That this ordinance is 5 dark brown light poles), for the Ord. No. 947-02. hereby declared to be an emergency period from June 1, 2002 to June 24, By Councilman Coats. measure and, provided it receives 2002, inclusive. Said banner shall be An emergency ordinance authoriz- the affirmative vote of two-thirds of approved by the Director of Public ing the Director of Community all the members elected to Council, Service, in consultation with the Development to enter into an agree- it shall take effect and be in force Director of Public Safety, as to type, ment with the JAMAA Knights immediately upon its passage and method of affixing and location so Youth Association for a Football for approval by the Mayor; otherwise it as not to interfere with any sign Youth Program through the use of shall take effect and be in force erected and maintained under the Ward 10 Neighborhood Equity from and after the earliest period requirements of law or ordinance. Funds. allowed by law. The permission of the owner of any Whereas, this ordinance consti- Passed May 13, 2002. pole from which a banner will be tutes an emergency measure provid- Effective May 20, 2002. hung must be obtained prior to ing for the usual daily operation of issuance of the permit. No commer- a municipal department; now, there- cial advertising shall be printed or fore permitted on said banner and said Be it ordained by the Council of Ord. No. 949-02. By Councilman White. banner shall be removed promptly the City of Cleveland: upon the expiration of said permit. Section 1. That the Director of An emergency ordinance authoriz- Section 2. That this ordinance is Community Development is autho- ing the Director of Community rized to enter into an agreement Development to enter into an agree- hereby declared to be an emergency with the JAMAA Knights Youth ment with the N-Joy Life Group for measure and, provided it receives Association for a Football for Youth the implementation of the Youth 2 the affirmative vote of two-thirds of Program, for the public purpose of Youth Program through the use of all the members elected to Council, providing a football program for Ward 2 Neighborhood Equity Funds. it shall take effect and be in force Cleveland youth through the use of Whereas, this ordinance consti- immediately upon its passage and Ward 10 Neighborhood Equity tutes an emergency measure provid- approval by the Mayor; otherwise it Funds. ing for the usual daily operation of shall take effect and be in force Section 2. That the cost of said a municipal department; now, there- from and after the earliest period contract shall be in an amount not fore allowed by law. to exceed $5,500 and shall be paid Be it ordained by the Council of Passed May 13, 2002. from Fund No. 10 SF 166. the City of Cleveland: Effective May 20, 2002. 1120 May 22, 2002 The City Record 55

COUNCIL COMMITTEE Finance Committee (joint with Wednesday, May 22, 2002 MEETINGS City Planning Committee): 1:30 p.m. — Present: Jackson, Chairman; Aviation & Transportation Com- Sweeney, Vice Chairman; Gordon, Monday, May 13, 2002 Reed, White, O’Malley, Coats, Brady. mittee: 10:00 a.m. – Present: West- Excused: Westbrook, Britt, Scott. brook, Chairman; Sweeney, Vice Public Parks, Property & Recre- Chairman; Dolan, Rybka, Gordon, ation Committee: 9:30 a.m. — Pre- Finance Committee: 2:00 p.m. — Reed. Excused: Britt. sent: Johnson, Chairman; White, Present: Jackson, Chairman; Sweeney, Vice Chairman; Gordon, Vice Chairman; Cimperman, Rybka, Legislation Committee (joint with Sweeney, Jones, Dolan. Reed, White, O’Malley, Coats, Brady. Excused: Westbrook, Britt, Scott. Public Safety Committee): 11:30 a.m. Public Service Committee: 11:00 — Present: White, Chairman; Scott, Tuesday, May 21, 2002 a.m. — Present: Sweeney, Chair- Vice Chairman; Gordon, Dolan, man; Jones, Vice Chairman; Westbrook, Rybka. Excused: John- Community and Economic Devel- Polensek, White, O’Malley, Zone, opment Committee: 9:30 a.m. — Pre- son. Cimperman, Brady, Johnson. sent: Gordon, Chairman, Cimper- man, Vice Chairman; Reed, Scott, Public Safety Committee (joint City Planning Committee (joint Cintron, Zone, Lewis, Jones, Coats. with Legislation Committee): 11:30 with Finance Committee): 1:30 p.m. a.m. — Present: Reed, Chairman; — Present: Cimperman, Chairman; Mayor’s Appointment Committee: Rybka, Vice Chairman; O’Malley, 11:00 a.m. — Present: Coats, Chair- Coats, Brady, Zone, White, Excused: Conwell, Lewis. Excused: Scott, man; Reed, Cintron, Westbrook, Britt, Vice Chairman; Jones, Cim- Westbrook. Scott. perman, Conwell.

Index

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

Agreements

American Express — accounts payable recovery service — Finance Department (O 898-02) ...... 1095

Banners

Fairfax Renaissance Development Corporation — 19-location identification banners (O 945-02) ...... 1119 Parade the Circle Celebration — University Circle Incorporated (O 946-02) ...... 1120 Sagrada Familia Church — Church Festival (O 950-02) ...... 1120

Board of Control - Cleveland Hopkins International Airport Division

Electrical parts and equipment - per Ord. 124-02 - all bids rejected - Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 290-02) ...... 1098 Rocket Engine Test Facility, design and engineering services for - contract per Ord. 552-2000 and 1234-2000 to Middough & Associates, Inc. - Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 289-02) ...... 1098 Underground storage tank sites, environmental remediation and design services for - approve subcontractor - Contract #56673 - BOC Res. 12-00 - Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 288-02) ...... 1098

Board of Control - Community Development Department

East 74th Street, 2220 (Ward 5) - PPN 118-24-084 - to Inez Thompson per Ord. 2076-76 (BOC Res. 299-02) ...... 1100 Lindsley, Renee A. - 14219 Milverton Road - mortgage loan and/or grant assistance (BOC Res. 298-02) ...... 1100 Quincy Avenue, 8208 (Ward 6) - PPN 126-01-109 / 105 - amend BOC Res. 268-02 (BOC Res. 300-02) ...... 1100 Taylor, Lillian M. - 14215 Milverton Road - mortgage loan and/or grant assistance (BOC Res. 297-02) ...... 1100

Board of Control - Finance Department

Lift trucks, 12,000 pounds capacity - per Ord. 1264-01 - all bids rejected - Dept. of Finance (BOC Res. 284-02) ...... 1097 1121 56 The City Record May 22, 2002

Board of Control - Housing Advisory Board

Lindsley, Renee A. - 14219 Milverton Road - mortgage loan and/or grant assistance (BOC Res. 298-02) ...... 1100 Taylor, Lillian M. - 14215 Milverton Road - mortgage loan and/or grant assistance (BOC Res. 297-02) ...... 1100

Board of Control - Land Reutilization Program

East 74th Street, 2220 (Ward 5) - PPN 118-24-084 - to Inez Thompson per Ord. 2076-76 (BOC Res. 299-02) ...... 1100 Quincy Avenue, 8208 (Ward 6) - PPN 126-01-109 / 105 - aamend BOC Res. 268-02 (BOC Res. 300-02) ...... 1100

Board of Control - Land Reutilization Program (Ward 5)

East 74th Street, 2220 (Ward 5) - PPN 118-24-084 - to Inez Thompson per Ord. 2076-76 (BOC Res. 299-02) ...... 1100

Board of Control - Land Reutilization Program (Ward 6)

Quincy Avenue, 8208 (Ward 6) - PPN 126-01-109 / 105 - amend BOC Res. 268-02 (BOC Res. 300-02) ...... 1100

Board of Control - Motor Vehicle Maintenance Division

Chevrolet parts - contract per Ord. 2154-01 to The South East Chevrolet Co., d.b.a. Tony La Riche Chevrolet - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 291-02) ...... 1098 Gasoline - contract per Ord. 353-02 to Petroleum Traders Corporation - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 301-02) ...... 1100 Gasoline - contract per Ord. 353-02 to Universal Oil, Inc. - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 302-02)...... 1101

Board of Control - Parks, Recreation and Properties Department

Food items - contract per Ord. 2033-01 to Hillcrest Food Service - Division of Recreation, Dept. of Parks, Recreation and Properties (BOC Res. 296-02) ...... 1099 Meals for summer food program - contract per Ord. 2033-01 to Tom Paige Catering Co. - Division of Recreation, Dept. of Parks, Recreation and Properties (BOC Res. 295-02) ...... 1099 Park site improvements - contract per Ord. 1605-98 to Envirocom Construction - Division of Research, Planning and Development, Dept. of Parks, Recreation and Properties (BOC Res. 294-02) ...... 1099

Board of Control - Police Division

Sell service revolvers to police officers (2000) - pursuant to C.O. Sec. 181.19(b) (BOC Res. 293-02) ...... 1099 Sell service revolvers to police officers (2001) - pursuant to C.O. Sec. 181.19(b) (BOC Res. 292-02) ...... 1098

Board of Control - Port Control Department

Electrical parts and equipment - per Ord. 124-02 - all bids rejected - Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 290-02) ...... 1098 Rocket Engine Test Facility, design and engineering services for - contract per Ord. 552-2000 and 1234-2000 to Middough & Associates, Inc. - Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 289-02) ...... 1098 Underground storage tank sites, environmental remediation and design services for - approve subcontractor - Contract #56673 - BOC Res. 12-00 - Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 288-02) ...... 1098

Board of Control - Professional Service Contracts

Rocket Engine Test Facility, design and engineering services for - contract per Ord. 552-2000 and 1234-2000 to Middough & Associates, Inc. - Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 289-02) ...... 1098 Security consulting services - contract per Ord. 1414-99 to Deloitte Consulting - Dept. of Public Utilities (BOC Res. 285-02)...... 1097 1122 May 22, 2002 The City Record 57

Underground storage tank sites, environmental remediation and design services for - approve subcontractor - Contract #56673 - BOC Res. 12-00 - Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 288-02) ...... 1098

Board of Control - Public Improvement Contracts

Distribution mains - Area 2002-A, cleaning and cement mortar lining of - contract per Ord. 2350-01 to Terrace Construction Co., Inc. - Division of Water, Dept. of Public Utilities (BOC Res. 287-02)...... 1097 Distribution mains - Area 2002-B, cleaning and cement mortar lining of - contract per Ord. 2350-01 to Utilicon Corporation - Division of Water, Dept. of Public Utilities (BOC Res. 286-02) ...... 1097 Park site improvements - contract per Ord. 1605-98 to Envirocom Construction - Division of Research, Planning and Development, Dept. of Parks, Recreation and Properties (BOC Res. 294-02) ...... 1099

Board of Control - Public Safety Department

Sell service revolvers to police officers (2000) - pursuant to C.O. Sec. 181.19(b) (BOC Res. 293-02) ...... 1099 Sell service revolvers to police officers (2001) - pursuant to C.O. Sec. 181.19(b) (BOC Res. 292-02) ...... 1098

Board of Control - Public Service Department

Chevrolet parts - contract per Ord. 2154-01 to The South East Chevrolet Co., d.b.a. Tony La Riche Chevrolet - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 291-02) ...... 1098 Gasoline - contract per Ord. 353-02 to Petroleum Traders Corporation - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 301-02) ...... 1100 Gasoline - contract per Ord. 353-02 to Universal Oil, Inc. - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 302-02)...... 1101

Board of Control - Public Utilities Department

Distribution mains - Area 2002-A, cleaning and cement mortar lining of - contract per Ord. 2350-01 to Terrace Construction Co., Inc. - Division of Water, Dept. of Public Utilities (BOC Res. 287-02)...... 1097 Distribution mains - Area 2002-B, cleaning and cement mortar lining of - contract per Ord. 2350-01 to Utilicon Corporation - Division of Water, Dept. of Public Utilities (BOC Res. 286-02) ...... 1097 Security consulting services - contract per Ord. 1414-99 to Deloitte Consulting - Dept. of Public Utilities (BOC Res. 285-02)...... 1097

Board of Control - Purchases and Supplies Division

Sell service revolvers to police officers (2000) - pursuant to C.O. Sec. 181.19(b) (BOC Res. 293-02) ...... 1099 Sell service revolvers to police officers (2001) - pursuant to C.O. Sec. 181.19(b) (BOC Res. 292-02) ...... 1098

Board of Control - Recreation Division

Food items - contract per Ord. 2033-01 to Hillcrest Food Service - Division of Recreation, Dept. of Parks, Recreation and Properties (BOC Res. 296-02) ...... 1099 Meals for summer food program - contract per Ord. 2033-01 to Tom Paige Catering Co. - Division of Recreation, Dept. of Parks, Recreation and Properties (BOC Res. 295-02) ...... 1099

Board of Control - Requirement Contracts

Chevrolet parts - contract per Ord. 2154-01 to The South East Chevrolet Co., d.b.a. Tony La Riche Chevrolet - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 291-02) ...... 1098 Food items - contract per Ord. 2033-01 to Hillcrest Food Service - Division of Recreation, Dept. of Parks, Recreation and Properties (BOC Res. 296-02) ...... 1099 Gasoline - contract per Ord. 353-02 to Petroleum Traders Corporation - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 301-02) ...... 1100 1123 58 The City Record May 22, 2002

Gasoline - contract per Ord. 353-02 to Universal Oil, Inc. - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 302-02)...... 1101 Meals for summer food program - contract per Ord. 2033-01 to Tom Paige Catering Co. - Division of Recreation, Dept. of Parks, Recreation and Properties (BOC Res. 295-02) ...... 1099

Board of Control - Research, Planning and Development Division

Park site improvements - contract per Ord. 1605-98 to Envirocom Construction - Division of Research, Planning and Development, Dept. of Parks, Recreation and Properties (BOC Res. 294-02) ...... 1099

Board of Control - Water Division

Distribution mains - Area 2002-A, cleaning and cement mortar lining of - contract per Ord. 2350-01 to Terrace Construction Co., Inc. - Division of Water, Dept. of Public Utilities (BOC Res. 287-02)...... 1097 Distribution mains - Area 2002-B, cleaning and cement mortar lining of - contract per Ord. 2350-01 to Utilicon Corporation - Division of Water, Dept. of Public Utilities (BOC Res. 286-02) ...... 1097

Board of Education

William Cullen Bryant Elementary School — evaluate closures (R 954-02)...... 1104

Board of Zoning Appeals - Report

College Avenue, 811, (Ward 13) – Thomas Leneghan, owner - appeal denied and adopted on 05/20/02 (Cal. 02-38) ...... 1102 East 124th Street, 2787, (Ward 6) – Theresa Williams, owner - appeal granted and adopted on 05/20/02 (Cal. 02-73) ...... 1102 East 65th Street, 3593-3609, (Units 1-4), (Ward 12) – Broadway Area Housing and Slavic Village Development Corporation, owners c/o Matthew Solomon, agent - appeal granted and adopted on 05/20/02 (Cal. 02-83)...... 1102 East 65th Street, 3593-3609, (Units 5-8), (Ward 12) – Broadway Area Housing and Slavic Village Development Corporation, owners c/o Matthew Solomon, agent - appeal granted and adopted on 05/20/02 (Cal. 02-84)...... 1102 Fulton Road, 4253, (Ward 15) – Memphis Fulton Association, owner c/o Tom Haugh, agent - appeal heard on 05/20/02 (Cal. 02-101) ...... 1102 Harvard Avenue, 7422, (Ward 12) – Dan Sultzman, owner d.b.a., Dave’s - appeal heard on 05/20/02 (Cal. 02-86) ...... 1101 John Avenue, 3815, (Ward 13) – Guy Singer, owner - appeal heard on 05/20/02 (Cal. 02-81) ...... 1101 Lorain Avenue, 16600, (Ward 21) – Kamcor Realty, owner c/o Bill Feller, agent - appeal postponed to 06/24/02 on 05/20/02 (Cal. 02-87) ...... 1102 Payne Avenue, 3939, (Ward 13) – Michael Chesler and Terry Coyne, owners - appeal heard on 05/20/02 (Cal. 02-99) ...... 1102 Pearl Road, 5021, (Ward 16) – Don Petruzzi, d.b.a. Don’s Chevrolet, owner - appeal granted and adopted on 05/20/02 (Cal. 02-74) ...... 1102 Professor Street, 2309, (Ward 13) – Thomas Leneghan, owner - appeal granted and adopted on 05/20/02 (Cal. 02-39) ...... 1102 St. Clair Avenue, 6202, (Ward 13) – McGregor Development, owners c/o Timothy Evans, agent - appeal denied and adopted on 05/20/02 (Cal. 02-76)...... 1102 Union Avenue, 13511, (Ward 3) – Burger King Corporation, owner, and Hugh Kidd, Mt. Pleasant Development Corporation c/o Chris Auvil, agent - appeal granted and adopted on 05/20/02 (Cal. 02-77) ...... 1102 West 28th Street, 2141, (Ward 14) – Bruce Hedderson, owner - appeal granted and adopted on 05/20/02 (Cal. 02-44) ...... 1102 West 28th Street, 2149, (Ward 14) – Bruce Hedderson, owner - appeal granted and adopted on 05/20/02 (Cal. 02-45) ...... 1102 West 82nd Street, 3154, (Ward 18) – Nydia Pagan, owner - appeal heard on 05/20/02 (Cal. 02-80) ...... 1101 West Park Road, 16009, (Ward 21) – Chris Chillemi, owner - appeal heard on 05/20/02 (Cal. 02-82) ...... 1101 Yeakel Avenue, 9722, (Ward 4) – Patricia Davis, owner - appeal postponed to 06/03/02 on 05/20/02 (Cal. 02-85) ...... 1102 1124 May 22, 2002 The City Record 59

Board of Zoning Appeals - Schedule

Detroit Avenue, 10307, (Ward 19) – Chicle Properties, Inc., owners c/o Betty J. Kemper, agent - appeal to be heard on 06/03/02 (Cal. 02-105)...... 1101 East 137th Street, 3438, (Ward 4) – Mount Pleasant Development Corporation, owner c/o Calvin Reid, agent - appeal to be heard on 06/03/02 (Cal. 02-104)...... 1101 Thurman Avenue, 2296, (Ward 13) – Frank Richards, owner - appeal to be heard on 06/03/02 (Cal. 02-106) ...... 1101 Unwin Road, 2386, (Ward 5) – Cuyahoga Metropolitan Housing, owner c/o paul dion, agent - appeal to be heard on 06/03/02 (Cal. 02-107) ...... 1101 West 18th Street, 2609, (Ward 14) – Luis and Carmen Ramos, owners - appeal to be heard on 06/03/02 (Cal. 02-108) ...... 1101

Burke Lakefront Airport

AirSports Aviation Ltd. — lease — Port Control Dept. (O 123-02) ...... 1111 Operational and structural maintenance — purchase — new Section 571.89 — Cleveland Hopkins International Airport & Burke Lakefront Airport (O 980-02)...... 1070

City of Cleveland Bids

Automotive parts and supplies for airport maintenance vehicles - Department of Port Control - per Ord. 1003-01 - bid due June 13, 2002(advertised 5/22/2002 and 5/29/2002) ...... 1103 Autosampler to varian gas chromatograph mass spectrometer - Department of Public Utilities - Division of Water - per C.O. Sec. 129.28 - bid due June 27, 2002(advertised 5/15/2002 and 5/22/2002) ...... 1103 Binoculars, night vision - Department of Public Safety - Division of Police - per Ord. 497-01 - bid due June 6, 2002(advertised 5/15/2002 and 5/22/2002) ...... 1103 Diving dry-suits for Harbor unit - Department of Public Safety - Division of Police - per Ord. 497-01 - bid due June 12, 2002(advertised 5/22/2002 and 5/29/2002) ...... 1103 Fence installation / repair - Department of Public Utilities - Division of Cleveland Public Power - per Ord. 2358-01 - bid due June 5, 2002(advertised 5/15/2002 and 5/22/2002) ...... 1102 Flashers, safety lights, arrow bars and traffic control devices, rental / purchase - Department of Public Utilities - per Ord. 1160-01 - bid due June 7, 2002 (advertised 5/15/2002 and 5/22/2002)...... 1103 Motor unit (1750 hp synchronous) repair at Fairmount Pump Station - Department of Public Utilities - Division of Water - per Ord. 2352-01 - bid due June 12, 2002(advertised 5/15/2002 and 5/22/2002) ...... 1103 Painting and paint removal on roadways, runways - Department of Port Control - per Ord. 128-02 - bid due June 5, 2002(advertised 5/15/2002 and 5/22/2002) ...... 1102 Personal protective equipment — Level A suits - Department of Public Safety - Division of Fire - per Ord. 1726-98 - bid due June 12, 2002(advertised 5/22/2002 and 5/29/2002) ...... 1103 Roof repair / replace - Department of Public Utilities - Division of Water - per Ord. 1147-01 - bid due June 14, 2002(advertised 5/15/2002 and 5/22/2002) ...... 1103 Security guard services, unarmed and uniformed - Department of Port Control - per Ord. 127-02 - bid due June 12, 2002(advertised 5/22/2002 and 5/29/2002)...... 1103 Service fittings - Department of Public Utilities - Division of Water - per C.O. Sec. 129.25 - bid due June 5, 2002(advertised 5/15/2002 and 5/22/2002) ...... 1102 Vehicle maintenance equipment - Department of Public Safety - Division of Cleveland Public Power - per Ord. 843-01 - bid due June 13, 2002(advertised 5/22/2002 and 5/29/2002) ...... 1103 Water plant residuals, hauling and disposal of - Department of Public Utilities - Division of Water - per Ord. 213-02 - bid due June 26, 2002(advertised 5/22/2002 and 5/29/2002) ...... 1103

City Council

Summer schedule — 2002 (R 1019-02) ...... 1087

City Hall

Rehabilitating, renovating, reconstructing — Public Service (O 835-02) ...... 1095

City Planning Commission

E. 71 St., 1882 & 1876 — Wilma Braxton McMillan — Land Reutilization Program (O 2168-01) ...... 1087-1092 1125 60 The City Record May 22, 2002

Grayton Rd (west) & Interstate 480 (south) — change zoning height district (O 1005-02)...... 1083 Newton Avenue — to Jerry L. Maddox — Land Reutilization Program (Ward 7) (O 1869-01) ...... 1087-1092 W. 54th St. & Herman Ave. Rd. southeast and southwest corners — change the zoning (O 944-02) ...... 1102

Cleveland Electric Illuminating Company (CEI)

Brookpark Road relocation project — easement — Chase Manhattan Trust Company — successor trustee (O 215-02)...... 1111

Cleveland Hopkins International Airport

Cargo facility — operation — Lease By Way of Concession — American Airlines, Inc (O 348-02) ...... 1113 Cargo facility — operation — Lease By Way of Concession — Global Ground Services, Inc. (O 350-02) ...... 1114 Contract No. 31083 — amendment — American Airlines, Inc. — deletion of certain space (O 979-02) ...... 1070 Fire and security systems — upgrade — SimplexGrinnell (O 676-02) ...... 1092 Ground service equipment service facility — operation — Lease By Way of Concession — American Airlines, Inc. (O 349-02) ...... 1114 Operational and structural maintenance — purchase — new Section 571.89 — Cleveland Hopkins International Airport & Burke Lakefront Airport (O 980-02)...... 1070 Rytheon Systems Company — runway monitor (O 724-02)...... 1092 Shuttle services to employees (O 981-02) ...... 1070 Tug Road — modifications in Contract No. 57869 — Perk Company, Inc. (O 982-02) ...... 1071 Wetland and stream mitigation programs — amend title & Section 1 of Ordinance No. 1013-01 (O 278-02) ...... 1091 World Wide Flight Services — Lease By Way of Concession — cargo facility (O 405-02) ...... 1088-1093

Cleveland Municipal Court

Court Community Service Cleveland Work Crew Program — contract (O 977-02) ...... 1083 Oracle Corporation — contract — multi-server licenses, upgrades and technical support (O 1014-02)...... 1085 Parking infraction tickets and collection of fines — processing — Cleveland Municipal Court — Contract No. 57031 with Affiliated Computer Services, Inc. (O 367-02)...... 1114

Codified Ordinances

Abandonment of motor vehicles — amend Section 451.251 (O 1004-02)...... 1082 Electrical licenses — amend Section 3107.19 and 3107.20 (O 998-02) ...... 1076 Food shops & handlers — repeal Code sects. — 241.01 to 241.40 & 241.99; Food shops — new Code Sects. 241.01 to 241.35 & 241.99; Frozen desserts — repeal Code Sects. 245.01 to 245.12 — Public Health Dept. (O 2163-01) ...... 1091 Operational and structural maintenance — purchase — new Section 571.89 — Cleveland Hopkins International Airport & Burke Lakefront Airport (O 980-02)...... 1070 Parking lots — employ professional parking lot operators — amend Section 133.331 — parking fees — Community Development surface lots (O 637-02)...... 1092 Residential code — one, two & three family dwellings — amend, repeal, rename, supplement & enact new Code Sections (O 2370-01) ...... 1106 Tattooing and body piercing — amend Sec. 343.11 & 347.12 — repeal Sec. 225.07 (O 737-01) ...... 1090 Water — penalty for using without permission — amend Section 535.37 (O 537-01)...... 1105

Community Development

Cityworks Program — contract — neighborhood-based street clubs, block clubs and other community improvement groups (O 995-02) ...... 1076 Cumberland Ave., E. 89th & E. 93rd Sts. — Land Reutilization Program — E. and L. Properties LLC. (O 999-02) ...... 1077 E. 71 St., 1882 & 1876 — Wilma Braxton McMillan — Land Reutilization Program (O 2168-01) ...... 1087-1092 Historic Gateway Neighborhood Corp. — Downtown Neighborhood Arts — Cultural Festival — Ward 13 Neighborhood Equity Funds (O 1010-02)...... 1084 1126 May 22, 2002 The City Record 61

Housing Trust Fund Program — contracts — various housing development entities (O 997-02) ...... 1076 JAMAA Knights Youth Association — Football for Youth Program — Ward 10 Neighborhood Equity Funds (O 947-02)...... 1120 Lockyear Ave. — Land Reutilization Program — Frank Hughes and Rosemary Hughes (O 1000-02)...... 1081 Low Interest Loan and Grant Programs — Community Development Block Grant funds and Federal Home funds (O 996-02) ...... 1076 N-Joy Life Group — Youth 2 Youth Program — Ward 2 Neighborhood Equity Funds (O 949-02) ...... 1120 Newton Avenue — to Jerry L. Maddox — Land Reutilization Program (Ward 7) (O 1869-01) ...... 1087-1092 Parking lots — employ professional parking lot operators — amend Section 133.331 — parking fees — Community Development surface lots (O 637-02)...... 1092 Slavic Village Development — amend Contract No. 58916 — agency’s service area (O 598-02) ...... 1088-1095 W. 47th St., 3056 — Land Reutilization Program — Wanda L. Bolden (O 994-02) ...... 1075

Community Development Block Grant Program

Low Interest Loan and Grant Programs — Community Development Block Grant funds and Federal Home funds (O 996-02) ...... 1076

Condolences

Riggins, Leonard (R 967-02) ...... 1070 Stralka, Kenneth (Judge) (R 968-02) ...... 1070

Congratulations

Acierno, Frank (Detective) (R 973-02) ...... 1070 Booze, Allen & Hamilton, Inc. (R 975-02) ...... 1070 Cleveland Central Catholic — Boys Varsity Basketball Team (R 970-02) ...... 1070 Heyer, Fran (R 971-02) ...... 1070 O’Malley, Michael (Detective) (R 974-02)...... 1070 Rebuilding Together with Christmas in April* Cleveland (R 969-02)...... 1070 Reese, Richard T. (Sgt.) (R 972-02) ...... 1070

Contracts

American Airlines, Inc. — Contract No. 31083 — amendment — deletion of certain space (O 979-02) ...... 1070 Fries & Schuele Building — 1948 W. 25th St. — renovation — Ohio City Near West Dev. Corp. (O 1003-02) ...... 1082 Host International — rent credits — Port Control Dept. (O 2021-01) ...... 1091 Housing Trust Fund Program — various housing development entities (O 997-02) ...... 1076 Lelolai Bakery & Caf , Ltd. — expansion — 1889 W. 25th St. — development assistance — Economic Development (O 1002-02) ...... 1082 Miles Standish Elementary School — improvements — alterations in Contract No. 58113 — Department of Parks, Recreation and Properties (O 473-02) ...... 1088 Shuttle services to employees — Cleveland Hopkins International Airport (O 981-02) ...... 1070 Slavic Village Development — amend Contract No. 58916 — agency’s service area — Community Development (O 598-02) ...... 1088-1095 Tug Road — modifications in Contract No. 57869 — Perk Company, Inc. — Cleveland Hopkins International Airport, (O 982-02) ...... 1071

Correction Division

Garage space — license agreement — County of Cuyahoga (O 923-02) ...... 1091

Cuyahoga County

Garage space — license agreement — Division of House of Corrections (O 923-02)...... 1091 Ridge Road — repair and resurfacing — amend Ord. No. 294-98 (O 914-02) ...... 1097

Cuyahoga County Drug Abuse Services

2002-03 Center Point/Student Assistance/Drug Prevention Program — grant — Alcohol and Drug Addiction Services Board of Cuyahoga County (O 769-02) ...... 1118 1127 62 The City Record May 22, 2002

Easements

Brookpark Road relocation project — Cleveland Electric Illuminating Company — Chase Manhattan Trust Company — successor trustee (O 215-02)...... 1111

Economic Development Department

Economic Development Initiative Grant funds — Homeownership Zone Project — Burten, Bell Carr Development, Inc. — amend Ord. No. 1913-01 (O 1015-02)...... 1085 Empowerment Zone staff — lease property — 3634 Euclid Avenue (O 638-02) ...... 1088-1095 Fries & Schuele Building — 1948 W. 25th St. — renovation — Ohio City Near West Dev. Corp. (O 1003-02) ...... 1082 Lelolai Bakery & Caf , Ltd. — expansion — 1889 W. 25th St. — development assistance (O 1002-02)...... 1082 Medici Properties LLC — Enterprise Zone Agreement — 6419-6421 Detroit Ave. (O 1001-02)...... 1081 Northeast Ohio Neighborhood Health Services, Inc. — Empowerment Zone Section 108 loan — Economic Development Initiative Grant — redevelop — various properties (O 1982-01)...... 1105 Vocational Guidance Services — E. 55th St. & Longfellow Ave. — new building — 2239 E. 55th St. — building improvements — amend Ord. No. 709-01 (O 600-02) ...... 1116

Empowerment Zone

Empowerment Zone staff — lease property — 3634 Euclid Avenue — Economic Development (O 638-02) ...... 1088-1095 Northeast Ohio Neighborhood Health Services, Inc. — Empowerment Zone Section 108 loan — Economic Development Initiative Grant — redevelop — various properties — Economic Development Dept. (O 1982-01) ...... 1105 Vocational Guidance Services — E. 55th St. & Longfellow Ave. — new building — 2239 E. 55th St. — building improvements — amend Ord. No. 709-01 (O 600-02) ...... 1116

Enterprise Zone Agreement

Medici Properties LLC — Enterprise Zone Agreement — 6419-6421 Detroit Ave. (O 1001-02)...... 1081

Environmental Protection Agency

Water Security Grant — grant (O 759-02)...... 1117

Fees

Parking lots — employ professional parking lot operators — amend Section 133.331 — parking fees — Community Development surface lots (O 637-02)...... 1092

Finance Department

American Express — agreement — accounts payable recovery service — Finance Department (O 898-02) ...... 1095 Concrete — ready mix — Sect. 2 of Ord. No. 343-02 (O 722-02) ...... 1117 Court Community Service Cleveland Work Crew Program — contract — Cleveland Municipal Court (O 977-02)...... 1083 Finance Department facilities — rehabilitating, renovating, reconstructing — Public Service (O 834-02) ...... 1095 MITIS software — purchase — Sybase, Inc. — Division of Taxation (O 723-02) ...... 1092 Office mailer-folder-inserter — purchase — Division of Assessments and Licenses (O 830-02) ...... 1095 Oracle Corporation — contract — multi-server licenses, upgrades and technical support — Cleveland Municipal Court (O 1014-02) ...... 1085 Parking infraction tickets and collection of fines — processing — Cleveland Municipal Court — Contract No. 57031 with Affiliated Computer Services, Inc. (O 367-02)...... 1114 1128 May 22, 2002 The City Record 63

Fire Division

Overhead doors — repair (O 594-02) ...... 1091

Funds

2003 Workforce Investment Act Programs — allocations of grants — State of Ohio Department of Jobs and Family Services — Workforce Investment Act, Title I (O 853-02) ...... 1092

Grants

2002-03 Center Point/Student Assistance/Drug Prevention Program — Alcohol and Drug Addiction Services Board of Cuyahoga County (O 769-02)...... 1118 2003 Federal Childhood Lead Poisoning Prevention Program — Ohio Department of Health — environmental assessments — Medicaid-eligible children (O 992-02)...... 1075 2003 Workforce Investment Act Programs — allocations of grants — State of Ohio Department of Jobs and Family Services — Workforce Investment Act, Title I (O 853-02) ...... 1092 Environment Division — operation — Ohio Environmental Protection Agency (O 993-02) ...... 1075 Integrated Air Toxic Pilot Project — United States Environmental Protection Agency — Public Health (O 991-02)...... 1074 Kinsman Road — public improvement — Ohio Department of Transportation — Public Service (O 482-02) ...... 1115 Lincoln Park — rehabilitation — 2002 Urban Parks and Recreation Recovery Program (O 474-02) ...... 1091 Water Security Grant — U.S. Environmental Protection Agency (O 759-02)...... 1117

Halloran Skating Rink

Halloran Park — install flooring — amend Ord. No. 1747-01 (O 1006-02) ...... 1083

Health Department

2002-03 Center Point/Student Assistance/Drug Prevention Program — grant — Alcohol and Drug Addiction Services Board of Cuyahoga County (O 769-02) ...... 1118 2003 Federal Childhood Lead Poisoning Prevention Program — grant — Ohio Department of Health — environmental assessments — Medicaid-eligible children (O 992-02) ...... 1075 Burials for indigent dead — Division of Health (O 680-02) ...... 1116 Environment Division — operation — grant — Ohio Environmental Protection Agency (O 993-02) ...... 1075 Food shops & handlers — repeal Code sects. — 241.01 to 241.40 & 241.99; Food shops — new Code Sects. 241.01 to 241.35 & 241.99; Frozen desserts — repeal Code Sects. 245.01 to 245.12 — Public Health Dept. (O 2163-01) ...... 1091 Garage space — license agreement — County of Cuyahoga — Division of House of Corrections (O 923-02) ...... 1091 Integrated Air Toxic Pilot Project — grant — United States Environmental Protection Agency (O 991-02) ...... 1074 Mercantile Rd., 23600 — lease — Mercantile Associates — store goods — Cleveland House of Corrections (O 768-02) ...... 1118 Mosquitoes — ground applications — Division of Environment (O 593-02) ...... 1116 Tattooing and body piercing — amend Sec. 343.11 & 347.12 — repeal Sec. 225.07 (O 737-01) ...... 1090

House of Corrections

Mercantile Rd., 23600 — lease — Mercantile Associates — store goods (O 768-02) ...... 1118

Housing

Residential code — one, two & three family dwellings — amend, repeal, rename, supplement & enact new Code Sections (O 2370-01) ...... 1106

Land Reutilization Program

Cumberland Ave., E. 89th & E. 93rd Sts. — E. and L. Properties LLC. (O 999-02) ...... 1077 E. 55 and Linwood Ave. — Eleanor B. Rainey Memorial Institute, Inc. (O 135-02) ...... 1087-1092 E. 69th St. — Land Reutilization Program — Lynette Stover (O 284-02) ...... 1087-1092 1129 64 The City Record May 22, 2002

E. 71 St., 1882 & 1876 — Wilma Braxton McMillan (O 2168-01) ...... 1087-1092 E. 71st St., 1908 — Renaud Simmons (O 285-02) ...... 1087-1092 Franklin Blvd., 4114 — David A. Lechner and Diane K. Lechner (O 221-02) ...... 1113 Lockyear Ave. — Frank Hughes and Rosemary Hughes (O 1000-02) ...... 1081 Newton Avenue — to Jerry L. Maddox (Ward 7) (O 1869-01) ...... 1087-1092 W. 47th St., 3056 — Wanda L. Bolden (O 994-02) ...... 1075

Law Department

Chandra, Subodh — Law Director — oath of office (F 959-02) ...... 1069

Lease by Way of Concession

AirSports Aviation Ltd. — lease — Burke Lakefront Airport — Port Control Dept. (O 123-02) ...... 1111 Cargo facility — operation — Cleveland Hopkins International Airport — American Airlines, Inc (O 348-02) ...... 1113 Cargo facility — operation — Cleveland Hopkins International Airport — Global Ground Services, Inc. (O 350-02) ...... 1114 Ground service equipment service facility — operation — Cleveland Hopkins International Airport — American Airlines, Inc. (O 349-02) ...... 1114 World Wide Flight Services — cargo facility — Cleveland Hopkins International Airport (O 405-02) ...... 1088-1093

Liquor Permits

Addison Rd., 1199 — objection (Ward 7) (R 953-02) ...... 1104 Almira Ave., 8806 — transfer (Ward 18) (F 965-02) ...... 1069 Broadview Rd., 4497 — transfer (Ward 16) (F 963-02) ...... 1069 Dove Ave., 10808 — objection — withdraw (Ward 2) (R 957-02) ...... 1105 E. 14th St., 2037 — transfer (Ward 13) (F 964-02) ...... 1069 E. 79th St., 1930 — objection — withdraw (Ward 6) (R 951-02) ...... 1103 E. 93rd St., 863-71 — objection — withdraw (Ward 8) (R 955-02)...... 1104 Holmes Ave., 15638 — objection (Ward 11) (R 956-02) ...... 1105 Kinsman Ave., 14510 — transfer (Ward 3) (F 961-02) ...... 1069 Superior Ave., 11230-43 — objection (Ward 9) (R 952-02)...... 1103 Superior Ave., 5816 — liquor agency contract (Ward 7) (F 966-02) ...... 1069 W. 130th St., 4200 — new (Ward 19) (F 960-02) ...... 1069 W. 32nd St., 3258 — transfer (Ward 14) (F 962-02) ...... 1069

Motor Vehicle Maintenance Division (MVM)

Air compressor parts — purchase (O 989-02) ...... 1073 Cab and chassis unit — purchase — The McLean Company (O 907-02) ...... 1097 Chrysler automobile, van and truck parts — purchase (O 990-02) ...... 1074 Duplex cab and chassis fire apparatus parts — contract — Maltese Fire Equipment — LTI and Grumman fire apparatus parts (O 988-02) ...... 1073 Ford automobile, van, truck and police vehicle parts — purchase (O 983-02)...... 1072 Fuel control terminals — telephone consultation — E.J. Ward, Inc. (O 984-02) ...... 1072 Leach packer parts — contract — A & H Equipment Co. (O 985-02) ...... 1073 Pierce fire apparatus parts — contract — Finley Fire Equipment (O 987-02) ...... 1073 Sutphen fire apparatus parts — contract — Sutphen Corporation (O 986-02) ...... 1073

National Jr. Tennis League of Cleveland

Summer tennis program — contract (O 358-02) ...... 1088-1093

Neighborhood Centers Association

Educational, recreational and cultural programs — amend Sec. 1 of Ord. No. 361-02 (O 774-02) ...... 1095

Neighborhood Equity Funds

Barkwill Park — improvements — McKnight and Associates — Parks, Recreation and Properties Department — Ward 5 (O 1013-02) ...... 1085 Historic Gateway Neighborhood Corp. — Downtown Neighborhood Arts — Cultural Festival — Community Development — Ward 13 (O 1010-02) ...... 1084 1130 May 22, 2002 The City Record 65

JAMAA Knights Youth Association — Football for Youth Program — Ward 10 (O 947-02) ...... 1120 N-Joy Life Group — Youth 2 Youth Program — Community Development — Ward 2 (O 949-02) ...... 1120

Nottingham Water Treatment Plant

Nottingham Chemical Project — amend title of Ord. No. 2367-01 — adding new Sec. 4, 5 and 6 — renumber existing Sec. 4 to new Sec. 7 (O 758-02) ...... 1117

Oath of Office

Chandra, Subodh — Law Director (F 959-02) ...... 1069

Ohio City Near West Development Corporation

Fries & Schuele Building — 1948 W. 25th St. — renovation (O 1003-02) ...... 1082

Ohio Department of Natural Resources

Boundary survey — consultants — Cleveland Lakefront State Park sites — Public Service (O 679-02) ...... 1088-1095

Ohio Department of Public Health

2003 Federal Childhood Lead Poisoning Prevention Program — grant — environmental assessments — Medicaid-eligible children (O 992-02)...... 1075

Ohio Environmental Protection Agency

Environment Division — operation — grant (O 993-02) ...... 1075 Integrated Air Toxic Pilot Project — grant — United States Environmental Protection Agency — Public Health (O 991-02) ...... 1074 Mitigation construction — amend title & Section 1 of Ordinance No. 1121-01 (O 279-02) ...... 1087-1092 Nottingham Chemical Project — amend title of Ord. No. 2367-01 — adding new Sec. 4, 5 and 6 — renumber existing Sec. 4 to new Sec. 7 (O 758-02) ...... 1117

Parking

Parking lots — employ professional parking lot operators — amend Section 133.331 — parking fees — Community Development surface lots (O 637-02)...... 1092

Parks Maintenance Division

Small equipment — purchase (O 771-02) ...... 1095

Parks, Recreation and Properties Department

Barkwill Park — improvements — McKnight and Associates — Ward 5 Neighborhood Equity Funds (O 1013-02) ...... 1085 Clark Commons — landscaping improvements — Parks Properties, and Recreation (O 1017-02)...... 1086 Dollar Bank — cash donation — recreational purposes (O 729-02) ...... 1088-1095 Halloran Park — install flooring — amend Ord. No. 1747-01 (O 1006-02) ...... 1083 Lincoln Park — rehabilitation — grant — 2002 Urban Parks and Recreation Recovery Program (O 474-02)...... 1091 Miles Standish Elementary School — improvements — alterations in Contract No. 58113 — Department of Parks, Recreation and Properties (O 473-02) ...... 1088 Morganic Garden expansion project — Ward 12 — William A. Spetrino, Inc. — (O 1016-02)...... 1086 Neighborhood Centers Association — educational, recreational and cultural programs — amend Sec. 1 of Ord. No. 361-02 (O 774-02) ...... 1095 Parking lots — employ professional parking lot operators — amend Section 133.331 — parking fees — Community Development surface lots (O 637-02)...... 1092 Small equipment — purchase — Division of Park Maintenance and Properties (O 771-02) ...... 1095 Summer tennis program — contract — National Junior Tennis League of Cleveland (O 358-02) ...... 1088-1093 1131 66 The City Record May 22, 2002

Permits

12th Annual Miles Standish Miler Fun Run — Miles Standish Elementary School (O 948-02) ...... 1120 Hermes Easter Seal Run — Hermes Sports and Events (O 1007-02) ...... 1083 Hermes Corporation Challenge (Cycling) Event — Hermes Sports and Events (O 1012-02)...... 1085 Hermes Race For The Cure Event — Hermes Sports and Events. (O 1011-02)...... 1084 Hermes Race For The Cure Event o — Hermes Sports and Events (O 1008-02) ...... 1084 V. A. Medical Center Wheelchair Games Event — V.A. Medical Center (O 1009-02)...... 1084

Personnel Department

2003 Workforce Investment Act Programs — allocations of grants — State of Ohio Department of Jobs and Family Services — Workforce Investment Act, Title I (O 853-02) ...... 1092 COBRA program — administer — Ceridian Benefits Services (O 730-02) ...... 1092 Workers’ compensation actuarial — auditing services — Integrated Consultant Services, Ltd. (O 731-02) ...... 1092

Police Division

Field training officers and recruits — contract — Greater Cleveland Roundtable (O 538-02) ...... 1088-1095

Port Control Department

Air handling units — filters — purchase — various divisions (O 592-02) ...... 1091 AirSports Aviation Ltd. — lease — Burke Lakefront Airport (O 123-02) ...... 1111 Brookpark Road relocation project — easement — Cleveland Electric Illuminating Company — Chase Manhattan Trust Company — successor trustee (O 215-02) ...... 1111 Cargo facility — operation — Cleveland Hopkins International Airport — Lease By Way of Concession — American Airlines, Inc (O 348-02)...... 1113 Cargo facility — operation — Cleveland Hopkins International Airport — Lease By Way of Concession — Global Ground Services, Inc. (O 350-02) ...... 1114 Contract No. 31083 — amendment — American Airlines, Inc. — deletion of certain space (O 979-02) ...... 1070 Fire and security systems — upgrade — SimplexGrinnell — Cleveland Hopkins International Airport (O 676-02) ...... 1092 Fiscal Year 2002 — vendors and concessionaires — various divisions (O 590-02) ...... 1091 Gate operating devices — purchase — maintain existing — various divisions (O 589-02) ...... 1091 Ground service equipment service facility — operation — Cleveland Hopkins International Airport — Lease By Way of Concession — American Airlines, Inc. (O 349-02) ...... 1114 Host International — rent credits (O 2021-01) ...... 1091 Mitigation construction — amend title & Section 1 of Ordinance No. 1121-01 (O 279-02) ...... 1087-1092 Operational and structural maintenance — purchase — new Section 571.89 — Cleveland Hopkins International Airport & Burke Lakefront Airport (O 980-02)...... 1070 Rytheon Systems Company — runway monitor — Cleveland Hopkins International Airport (O 724-02) ...... 1092 Shuttle services to employees — Cleveland Hopkins International Airport (O 981-02) ...... 1070 Tug Road — modifications in Contract No. 57869 — Perk Company, Inc. — Cleveland Hopkins International Airport, (O 982-02) ...... 1071 Wetland and stream mitigation programs — amend title & Section 1 of Ordinance No. 1013-01 (O 278-02) ...... 1091 Work uniforms — purchase — various divisions (O 591-02) ...... 1091 World Wide Flight Services — Lease By Way of Concession — cargo facility — Cleveland Hopkins International Airport (O 405-02) ...... 1088-1093

Public Hearings (Notices)

W. 54th St. & Herman Ave. Rd. southeast and southwest corners — change the zoning (O 944-02) ...... 1102

Recognition

Herforth, Harry B. (R 976-02) ...... 1070 1132 May 22, 2002 The City Record 67

Recreation Centers

Halloran Park — install flooring — amend Ord. No. 1747-01 (O 1006-02) ...... 1083

Residential Certificate of Occupancy

Residential code — one, two & three family dwellings — amend, repeal, rename, supplement & enact new Code Sections (O 2370-01) ...... 1106

Resolutions - Miscellaneous

Fourth of July fireworks display — reestablish at Edgewater Park (R 1021-02) ...... 1087 Port authorities — publish development plans — public hearings — urging state to reenact ORC 4582.07 (R 1018-02) ...... 1086 TRW — relocation — opposing loans — State of Ohio & Cuyahoga County Commissioners (R 1020-02) ...... 1087 William Cullen Bryant Elementary School — evaluate closures — Cleveland Board of Education (R 954-02) ...... 1104

Right-of-Way

Broom Court N.W. — Mr. Joel Cole, President of Network Parking (O 726-02) ...... 1091

Safety Department

Field training officers and recruits — contract — Greater Cleveland Roundtable — Division of Police (O 538-02)...... 1088-1095 Overhead doors — repair — Division of Fire (O 594-02) ...... 1091

Service Department

Air compressor parts — purchase — Motor Vehicle Maintenance (O 989-02) ...... 1073 Boundary survey — consultants — Cleveland Lakefront State Park sites — Public Service (O 679-02) ...... 1088-1095 Broom Court N.W. — right-of-way — Mr. Joel Cole, President of Network Parking (O 726-02) ...... 1091 Cab and chassis unit — purchase — The McLean Company (O 907-02) ...... 1097 Chadakoin Court S.E., E. 57th St., Tivoli Court S.E., & E. 59th Pl. — vacate (Ward 5) (O 732-02) ...... 1088-1095 Chrysler automobile, van and truck parts — purchase — Motor Vehicle Maintenance (O 990-02) ...... 1074 City Hall — rehabilitating, renovating, reconstructing (O 835-02) ...... 1095 Cold mix material — purchase — Division of Streets (O 765-02) ...... 1088-1095 Duplex cab and chassis fire apparatus parts — contract — Maltese Fire Equipment — LTI and Grumman fire apparatus parts — Motor Vehicle Maintenance (O 988-02) ...... 1073 Emulsion and purging solution — purchase — Division of Streets (O 763-02) ...... 1088-1095 Fairfax Renaissance Development Corporation — 19-location identification banners (O 945-02) ...... 1119 Finance Department facilities — rehabilitating, renovating, reconstructing — Public Service (O 834-02) ...... 1095 Ford automobile, van, truck and police vehicle parts — purchase — Motor Vehicle Maintenance (O 983-02) ...... 1072 Fuel control terminals — telephone consultation — E.J. Ward, Inc. — Motor Vehicle Maintenance (O 984-02) ...... 1072 Guard rail elements, posts, end wings, and hardware — purchase — Division of Streets (O 767-02) ...... 1088-1095 Gutter broom sets and tube — purchase — Division of Streets (O 764-02) ...... 1088-1095 Kinsman Road — public improvement — Ohio Department of Transportation — grant (O 482-02) ...... 1115 Leach packer parts — contract — A & H Equipment Co. — Motor Vehicle Maintenance (O 985-02) ...... 1073 Memphis Ave. — rehabilitation — amend Ord. No. 2368-92 (O 906-02) ...... 1096 Oliver Road S.W. — intention to vacate (Ward 19) (R 230-02) ...... 1103 Parade the Circle Celebration — banners — University Circle Incorporated (O 946-02) ...... 1120 Pierce fire apparatus parts — contract — Finley Fire Equipment — Motor Vehicle Maintenance (O 987-02) ...... 1073 Plow blades and curb bumpers — purchase — Division of Streets (O 762-02) ...... 1088-1095 Public Service facilities — rehabilitating, renovating, reconstructing (O 833-02) ...... 1095 1133 68 The City Record May 22, 2002

Ridge Road — repair and resurfacing — amend Ord. No. 294-98 (O 914-02) ...... 1097 Sagrada Familia Church — banners — Church Festival (O 950-02) ...... 1120 Scenic Byways trail and overlook construction project — payment (O 922-02)...... 1097 SSI tack coat — purchase — Division of Streets (O 766-02)...... 1088-1095 Surveyors — various capital projects (O 920-02) ...... 1097 Sutphen fire apparatus parts — contract — Sutphen Corporation — Motor Vehicle Maintenance (O 986-02) ...... 1073 Traffic signals equipment — purchase — Division of Traffic Engineering (O 921-02) ...... 1097 W. 25th St. between Brooklyn-Brighton Bridge & Detroit Ave. — improvement — amend the title, Sects. 1, 2, 5, 6, 7, & 10 of Ord. No. 406-02 (O 836-02) ...... 1095 Western Ave. — public improvement — Public Service (O 481-02) ...... 1114

Sewers

Westpark Rd. & Lydian Ave. — rehabilitation — amend Ord. No. 1000-2000 (O 588-02)...... 1116

Slavic Village Development Corporation

Agency’s service area — amend Contract No. 58916 — Community Development (O 598-02) ...... 1088-1095

Street Vacation

Chadakoin Court S.E., E. 57th St., Tivoli Court S.E., & E. 59th Pl. — vacate (Ward 5) (O 732-02) ...... 1088-1095 Fernshaw Ave. & Riveredge Rd. — vacate — intention (Ward 21) (R 546-02) ...... 1090-1097 Industrial Parkway S.W. — vacate (Ward 20) (O 905-02) ...... 1096 Oliver Road S.W. — intention to vacate (Ward 19) (R 230-02) ...... 1103 W. 10th St. — vacate — (Ward 13) (O 678-02) ...... 1091

Streets Division

Cold mix material — purchase (O 765-02) ...... 1088-1095 Emulsion and purging solution — purchase (O 763-02) ...... 1088-1095 Guard rail elements, posts, end wings, and hardware - purchase (O 767-02) ...... 1088-1095 Gutter broom sets and tube — purchase (O 764-02) ...... 1088-1095 Plow blades and curb bumpers — purchase (O 762-02) ...... 1088-1095 SSI tack coat — purchase (O 766-02) ...... 1088-1095

Taxation Division

MITIS software — purchase — Sybase, Inc. (O 723-02) ...... 1092

Traffic Engineering & Parking Division

Traffic signals equipment — purchase (O 921-02) ...... 1097

Utilities Department

Engineering, environmental, safety, forensic — various divisions — amend Ord. No. 1232-01 (O 978-02) ...... 1083 Nottingham Chemical Project — amend title of Ord. No. 2367-01 — adding new Sec. 4, 5 and 6 — renumber existing Sec. 4 to new Sec. 7 (O 758-02) ...... 1117 Water — penalty for using without permission — amend Section 535.37 (O 537-01)...... 1105 Water Security Grant — grant — U.S. Environmental Protection Agency (O 759-02) ...... 1117 Westpark Rd. & Lydian Ave. — sewers rehabilitation — amend Ord. No. 1000-2000 (O 588-02) ...... 1116

Vocational Guidance Services

E. 55th St. & Longfellow Ave. — new building — 2239 E. 55th St. — building improvements — amend Ord. No. 709-01 (O 600-02) ...... 1116

Ward 02

Dove Ave., 10808 — objection — withdraw (R 957-02) ...... 1105 N-Joy Life Group — Youth 2 Youth Program — Community Development — Ward 2 Neighborhood Equity Funds (O 949-02)...... 1120 Stralka, Kenneth (Judge) — condolence (R 968-02) ...... 1070 1134 May 22, 2002 The City Record 69

Ward 03

Kinsman Ave., 14510 — transfer (F 961-02) ...... 1069 Kinsman Road — public improvement — Ohio Department of Transportation — grant — Public Service (O 482-02) ...... 1115

Ward 04

Cumberland Ave., E. 89th & E. 93rd Sts. — Land Reutilization Program — E. and L. Properties LLC. (O 999-02) ...... 1077

Ward 05

Barkwill Park — improvements — McKnight and Associates — Parks, Recreation and Properties Department — Neighborhood Equity Funds (O 1013-02) ...... 1085 Chadakoin Court S.E., E. 57th St., Tivoli Court S.E., & E. 59th Pl. — vacate (Ward 5) (O 732-02) ...... 1088-1095 Kinsman Road — public improvement — Ohio Department of Transportation — grant — Public Service (O 482-02) ...... 1115 Rebuilding Together with Christmas in April* Cleveland — congratulation (R 969-02) ...... 1070

Ward 06

Hermes Easter Seal Run — permit — Hermes Sports and Events (O 1007-02)...... 1083 E. 79th St., 1930 — objection — withdraw (R 951-02) ...... 1103 Fairfax Renaissance Development Corporation — 19-location identification banners (O 945-02) ...... 1119 Parade the Circle Celebration — banners — University Circle Incorporated (O 946-02) ...... 1120 V. A. Medical Center Wheelchair Games Event — permit — V.A. Medical Center (O 1009-02)...... 1084

Ward 07

Addison Rd., 1199 — objection (R 953-02) ...... 1104 E. 55 and Linwood Ave. — Eleanor B. Rainey Memorial Institute, Inc. — Land Reutilization Program (O 135-02) ...... 1087-1092 E. 69th St. — Land Reutilization Program — Lynette Stover (O 284-02) ...... 1087-1092 E. 71st St., 1908 — Land Reutilization Program — Renaud Simmons (O 285-02)...... 1087-1092 Empowerment Zone staff — lease property — 3634 Euclid Avenue — Economic Development (O 638-02) ...... 1088-1095 Lockyear Ave. — Land Reutilization Program — Frank Hughes and Rosemary Hughes (O 1000-02)...... 1081 Newton Avenue — to Jerry L. Maddox — Land Reutilization Program (Ward 7) (O 1869-01) ...... 1087-1092 Superior Ave., 5816 — liquor agency contract (F 966-02) ...... 1069

Ward 08

12th Annual Miles Standish Miler Fun Run — permit — Miles Standish Elementary School (O 948-02) ...... 1120 E. 93rd St., 863-71 — objection - withdraw (R 955-02) ...... 1104 Parade the Circle Celebration — banners — University Circle Incorporated (O 946-02) ...... 1120 Riggins, Leonard — condolence (R 967-02)...... 1070

Ward 09

Herforth, Harry B. — recognition (R 976-02) ...... 1070 Parade the Circle Celebration — banners — University Circle Incorporated (O 946-02) ...... 1120 Superior Ave., 11230-43 — objection (R 952-02) ...... 1103 1135 70 The City Record May 22, 2002

Ward 10

JAMAA Knights Youth Association — Football for Youth Program — Ward 10 Neighborhood Equity Funds (O 947-02)...... 1120

Ward 11

Holmes Ave., 15638 — objection (R 956-02)...... 1105

Ward 12

Cleveland Central Catholic — Boys Varsity Basketball Team — congratulation (R 970-02) ...... 1070 Morganic Garden expansion project — William A. Spetrino, Inc. — Parks, Recreation and Properties (O 1016-02) ...... 1086

Ward 13

Broom Court N.W. — right-of-way — Mr. Joel Cole, President of Network Parking (O 726-02) ...... 1091 E. 14th St., 2037 — transfer (F 964-02)...... 1069 Hermes Corporation Challenge (Cycling) Event — permit — Hermes Sports and Events (O 1012-02)...... 1085 Hermes Race For The Cure Event — permit — Hermes Sports and Events. (O 1011-02) ...... 1084 Hermes Race For The Cure Event o — permit — Hermes Sports and Events (O 1008-02) ...... 1084 Historic Gateway Neighborhood Corp. — Downtown Neighborhood Arts — Cultural Festival — Community Development — Ward 13 Neighborhood Equity Funds (O 1010-02) ...... 1084 W. 10th St. — vacate — (O 678-02) ...... 1091 W. 25th St. between Brooklyn-Brighton Bridge & Detroit Ave. — improvement — amend the title, Sects. 1, 2, 5, 6, 7, & 10 of Ord. No. 406-02 (O 836-02) ...... 1095

Ward 14

Franklin Blvd., 4114 — Land Reutilization Program — David A. Lechner and Diane K. Lechner (O 221-02) ...... 1113 Fries & Schuele Building — 1948 W. 25th St. — renovation — Ohio City Near West Dev. Corp. (O 1003-02) ...... 1082 Lelolai Bakery & Caf , Ltd. — expansion — 1889 W. 25th St. — development assistance — Economic Development (O 1002-02) ...... 1082 W. 25th St. between Brooklyn-Brighton Bridge & Detroit Ave. — improvement — amend the title, Sects. 1, 2, 5, 6, 7, & 10 of Ord. No. 406-02 (O 836-02) ...... 1095 W. 32nd St., 3258 — transfer (Ward 14) (F 962-02) ...... 1069 W. 47th St., 3056 — Land Reutilization Program — Wanda L. Bolden (O 994-02) ...... 1075

Ward 15

Memphis Ave. — rehabilitation — amend Ord. No. 2368-92 (O 906-02) ...... 1096 W. 25th St. between Brooklyn-Brighton Bridge & Detroit Ave. — improvement — amend the title, Sects. 1, 2, 5, 6, 7, & 10 of Ord. No. 406-02 (O 836-02) ...... 1095

Ward 16

Broadview Rd., 4497 — transfer (Ward 16) (F 963-02) ...... 1069 Memphis Ave. — rehabilitation — amend Ord. No. 2368-92 (O 906-02) ...... 1096 Ridge Road — repair and resurfacing — amend Ord. No. 294-98 (O 914-02) ...... 1097 William Cullen Bryant Elementary School — evaluate closures — Cleveland Board of Education (R 954-02) ...... 1104

Ward 17

Medici Properties LLC — Enterprise Zone Agreement — 6419-6421 Detroit Ave. (O 1001-02)...... 1081 O’Malley, Michael (Detective) — congratulation (R 974-02) ...... 1070 Sagrada Familia Church — banners — Church Festival (O 950-02) ...... 1120 W. 54th St. & Herman Ave. Rd. southeast and southwest corners — change the zoning (O 944-02) ...... 1102 1136 May 22, 2002 The City Record 71

Ward 18

Almira Ave., 8806 — transfer (Ward 18) (F 965-02) ...... 1069 Booze, Allen & Hamilton, Inc. — congratulation (R 975-02) ...... 1070 Clark Commons — landscaping improvements — Parks Properties, and Recreation (O 1017-02)...... 1086 Western Ave. — public improvement — Public Service (O 481-02) ...... 1114

Ward 19

Halloran Park — install flooring — amend Ord. No. 1747-01 (O 1006-02) ...... 1083 Heyer, Fran — congratulation (R 971-02) ...... 1070 Oliver Road S.W. — intention to vacate (Ward 19) (R 230-02) ...... 1103 W. 130th St., 4200 — new (Ward 19) (F 960-02) ...... 1069 Western Ave. — public improvement — Public Service (O 481-02) ...... 1114

Ward 20

Brookpark Road relocation project — easement — Cleveland Electric Illuminating Company — Chase Manhattan Trust Company — successor trustee (O 215-02) ...... 1111 Grayton Rd (west) & Interstate 480 (south) — change zoning height district (O 1005-02)...... 1083 Industrial Parkway S.W. — vacate (Ward 20) (O 905-02) ...... 1096

Ward 21

Acierno, Frank (Detective) — congratulation (R 973-02) ...... 1070 Fernshaw Ave. & Riveredge Rd. — vacate — intention (Ward 21) (R 546-02) ...... 1090-1097 Reese, Richard T. (Sgt.) — congratulation (R 972-02) ...... 1070 Westpark Rd. & Lydian Ave. — sewers rehabilitation — amend Ord. No. 1000-2000 (O 588-02) ...... 1116

Water Division

Water — penalty for using without permission — amend Section 535.37 (O 537-01)...... 1105 Westpark Rd. & Lydian Ave. — sewers rehabilitation — amend Ord. No. 1000-2000 (O 588-02) ...... 1116

Zoning

Grayton Rd (west) & Interstate 480 (south) — change zoning height district (O 1005-02)...... 1083 W. 54th St. & Herman Ave. Rd. southeast and southwest corners — change the zoning (O 944-02) ...... 1102

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