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

May the Ninth, Two Thousand and Seven

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

Martin J. Sweeney President of Council Containing PAGE City Council 3 Emily Lipovan The Calendar 15 City Clerk, Clerk of Council Board of Control 15 Ward Name Civil Service 19 1 Nina Turner Board of Zoning Appeals19 2 Robert J. White Board of Building Standards 3 Zachary Reed and Building Appeals20 4 Kenneth L. Johnson Public Notice 21 5 Phyllis E. Cleveland Public Hearings21 6 Patricia J. Britt City of Cleveland Bids22 7 Fannie M. Lewis Adopted Resolutions 8 Sabra Pierce Scott and Ordinances24 9 Kevin Conwell Committee Meetings29 10 Roosevelt Coats Index 30 11 Michael D. Polensek 12 Anthony Brancatelli 13 Joe Cimperman 14 Joseph Santiago 15 Brian J. Cummins 16 Kevin J. Kelley 17 Matthew Zone 18 Jay Westbrook 19 Dona Brady 20 Martin J. Sweeney 21 Martin J. Keane DIRECTORY OF CITY OFFICIALS CITY COUNCIL – LEGISLATIVE DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director, 3rd Floor, City Hall President of Council – Martin J. Sweeney DIVISIONS: Administrative Services – Terrence Ross, Commissioner Neighborhood Services – Louise V. Jackson, Commissioner Ward Name Residence Neighborhood Development – Joseph A. Sidoti, Commissioner 1 Nina Turner...... 16204 Sunny Glen Avenue 44128 DEPT. OF BUILDING AND HOUSING – Edward W. Rybka, Director, Room 500 2 Robert J. White ...... 9703 Cardwell Avenue 44105 DIVISIONS: Code Enforcement – Tyrone L. Johnson, Commissioner 3 Zachary Reed ...... 3734 East 149th Street 44120 Construction Permitting – Timothy R. Wolosz, Commissioner 4 Kenneth L. Johnson...... 2948 Hampton Road 44120 5 Phyllis E. Cleveland...... 2369 East 36th Street 44105 DEPT. OF PERSONNELAND HUMAN RESOURCES – Trudy Hutchinson, Director, Room 121 6 Patricia J. Britt...... 12402 Britton Drive 44120 DEPT. OF ECONOMIC DEVELOPMENT – Brian A. Reilly, Director, Room 210 7 Fannie M. Lewis...... 7416 Star Avenue 44103 8 Sabra Pierce Scott...... 1136 East 98th Street 44108 DEPT. OF AGING – Jane Fumich, Director, Room 122 9 Kevin Conwell ...... 10647 Ashbury Avenue 44106 10 Roosevelt Coats ...... 1775 Cliffview Road 44112 DEPT. OF CONSUMER AFFAIRS – Angel Guzman, Director 11 Michael D. Polensek...... 17855 Brian Avenue 44119 COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director; Mayor Frank G. 12 Anthony Brancatelli...... 6924 Ottawa Road 44105 Jackson, Chairman Ex-Officio; Rev. Charles Lucas, Jr., Vice-Chairman; Councilman 13 Joe Cimperman...... 3053 West 12th Street 44113 Kevin Conwell, Councilman Brian J. Cummins, Councilman Joe Santiago, Councilman 14 Joseph Santiago...... 3169 West 14th Street 44109 Matthew Zone, City Council Representatives; Charles L. Patton, Jr., Paula Castleberry, 15 Brian J. Cummins ...... 3104 Mapledale Avenue 44109 Emmett Saunders, John Banno, Kathryn M. Hall, Evangeline Hardaway, Janet Jankura, 16 Kevin J. Kelley ...... 6608 Woodhaven Avenue 44144 Gia Hoa Ryan, Rev. Jesse Harris, Magda Gomez, Fred J. Livingstone, Margot James 17 Matthew Zone ...... 1228 West 69th Street 44102 Copeland. 18 Jay Westbrook ...... 1278 West 103rd Street 44102 CIVIL SERVICE COMMISSION – Room 119, Reynaldo Galindo, President; Rev. Earl 19 Dona Brady ...... 1272 West Boulevard 44102 Preston, Vice President; Lucille Ambroz, Secretary; Members: Diane M. Downing, 20 Martin J. Sweeney...... 3632 West 133rd Street 44111 Michael L. Nelson. 21 Martin J. Keane...... 15907 Colletta Lane 44111 SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Martin City Clerk, Clerk of Council – Emily Lipovan, 216 City Hall, 664–2840 J. Sweeney; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director. First Assistant Clerk – Sandra Franklin MAYOR – Frank G. Jackson BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; John Ken Silliman, Secretary to the Mayor, Chief of Staff Myers, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, ______, Secretary. Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F. Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Denk, Chairman; ______, Arthur Saunders, Alternate Members – D. Cox, P. Tracy Y. Martin, Executive Assistant to the Mayor, Chief of Education Frank, E. P. O’Brien, Richard Pace, J.S. Sullivan. Maureen Harper, Executive Assistant to the Mayor, Chief of Communications BOARD OF REVISION OF ASSESSMENTS – Law Director Robert J. Triozzi, President; Andrea V. Taylor, Executive Assistant to the Mayor, Press Secretary Finance Director Sharon Dumas, Secretary; Council President Martin J. Sweeney. Debra Linn Talley, Director, Office of Equal Opportunity BOARD OF SIDEWALK APPEALS – Service Director Jomarie Wasik, Law Director Robert DEPT. OF LAW – Robert J. Triozzi, Director, Richard F. Horvath, Chief Corporate Counsel, J. Triozzi; Councilman ______. Thomas J. Kaiser, Chief Trial Counsel, Barbara A. Langhenry, Chief Counsel, Rm. 106 Karen E. Martines, Law Librarian, Room 100 BOARD OF REVIEW – (Municipal Income Tax) – Law Director Robert J. Triozzi; Utilities DEPT. OF FINANCE – Sharon Dumas, Director, Room 104; Director ______; Council President Martin J. Sweeney. Frank Badalamenti, Manager, Internal Audit CITY PLANNING COMMISSION – Room 501 – Robert N. Brown, Director; Anthony J. DIVISIONS: Accounts – Richard W. Sensenbrenner, Commissioner, Room 19 Coyne, Chairman; David Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 Pinkney, Rev. Sam Edward Small, Council Member Joe Cimperman. City Treasury – Algeron Walker, Treasurer, Room 115 FAIR CAMPAIGN FINANCE COMMISSION – Chris Warren, C. Ellen Connally, Hillary S. Financial Reporting and Control – James Gentile, Controller, Room 18 Taylor. Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair Avenue FAIR EMPLOYMENT WAGE BOARD – Room 210 – Gerald Meyer, Chair; Angela Purchases and Supplies – James E. Hardy, Commissioner, Room 128 Caldwell, Vice Chair; Patrick Gallagher, Kathryn Jackson, Draydean McCaleb, Council Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue Member ______, Ed Romero. Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue FAIR HOUSING BOARD – Charles See, Chair; ______, Vice Chair; Daniel Conway, Doris DEPT. OF PUBLIC UTILITIES – Julius Ciaccia, Director, 1201 Lakeside Avenue Honsa, Lisa Camacho. DIVISIONS – 1201 Lakeside Avenue Cleveland Public Power – Ivan Henderson, Commissioner HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie Street Lighting Bureau – ______, Acting Chief Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, Utilities Fiscal Control – Dennis Nichols, Commissioner David Perkowski, Joan Shaver Washington, Keith Sutton. Water – John Christopher Nielson, Commissioner CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chairman; Water Pollution Control – Ollie Shaw, Commissioner Clint Martin, Mark Rivera. DEPT. OF PORT CONTROL – Ricky D. Smith, Director Cleveland Hopkins International Airport, 5300 Riverside Drive MORAL CLAIMS COMMISSION – Law Director Robert J. Triozzi; Chairman; Finance Burke Lakefront Airport – Khalid Bahhur, Commissioner Director Sharon Dumas; Council President Martin J. Sweeney; Councilman Kevin Cleveland Hopkins International Airport – Fred Szabo, Commissioner Kelley; Councilman Nina Turner. DEPT. OF PUBLIC SERVICE – Jomarie Wasik, Director, Room 113 POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, Vermel DIVISIONS: Architecture – Kurt Wiebusch, Commissioner, Room 517 Whalen, Nancy Cronin, Elvin Vauss. Engineering and Construction – Randall E. DeVaul, Commissioner, Room 518 CLEVELAND LANDMARKS COMMISSION – Room 519 – India Pierce Lee, Chair; Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard Yards Laura M. Noble, Vice Chair; Robert Brown, Thomas Coffey, Jennifer Coleman, Lee, Streets – Randell T. Scott, Commissioner, Room 25 Michael Rastatter, Jr., John Torres, Ari Maron, N. Kurt Wiebusch, Council Member Joe Traffic Engineering – Robert Mavec, Commissioner, 4150 East 49th Street, Building #1 Cimperman, Robert Jackimowicz; Robert Keiser, Secretary. Waste Collection and Disposal – Ron Owens, Commissioner, 5600 Carnegie Avenue DEPT. OF PUBLIC HEALTH – Matt Carroll, Director, Mural Building, 1925 St. Clair Ave. AUDIT COMMITTEE – Robert Rawson, Chairman; Yvette Ittu, Debra Janik, Bracy Lewis, Don Neebes, Council President Martin J. Sweeney; Law Director Robert J. Triozzi. DIVISIONS: Air Quality – Richard L. Nemeth, Commissioner Environment – Willie Bess, Commissioner, Mural Building, 1925 St. Clair Ave. CLEVELAND MUNICIPAL COURT Health – Anjou Parekh, Commissioner, Mural Building, 1925 St. Clair Ave. JUSTICE CENTER – 1200 ONTARIO STREET DEPT. OF PUBLIC SAFETY – Martin Flask, Director, Room 230 JUDGE COURTROOM ASSIGNMENTS DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th Street Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd. Judge Courtroom Emergency Medical Service – Edward Eckart, Commissioner, 1708 South Pointe Drive Presiding and Administrative Judge Larry A. Jones 14B Fire – Paul A. Stubbs, Chief, 1645 Superior Avenue Judge Ronald B. Adrine 15A Police – Michael C. McGrath, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street Judge Emanuella Groves 13A DEPT. OF PARKS, RECREATION & PROPERTIES – Michael Cox, Director Judge Kathleen Ann Keough 13D Cleveland Convention Center, Clubroom A, 1220 East 6th Street Judge Anita Laster Mays 14C DIVISIONS: Convention Center & Stadium – James Glending, Commissioner Judge Lauren C. Moore 14A Public Auditorium, East 6th Street and Lakeside Avenue Judge Charles Patton, Jr. 12B Parking Facilities – Leigh Stevens, Commissioner Judge Raymond L. Pianka (Housing Court Judge) 13B Public Auditorium, East 6th Street and Lakeside Avenue Judge Michael Ryan 12A Park Maintenance and Properties – Richard L. Silva, Commissioner Judge Angela R. Stokes 15C Public Auditorium – East 6th Street and Lakeside Avenue Judge Joan Synenberg 13C Property Management – Tom Nagle, Commissioner, East 49th Street & Harvard Judge Pauline H. Tarver 12C Recreation – Kim Johnson, Commissioner, Room 8 Judge Joseph J. Zone 14D Research, Planning & Development – Mark Fallon, Commissioner, 1501 N. Marginal Road Earle B. Turner – Clerk of Courts, Michael E. Flanagan – Court Administrator, Paul J. Mizerak – Bailiff; Burke Lakefront Airport Regina Daniel – Chief Probation Officer, Gregory F. Clifford – Chief Magistrate The City Record

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 94 WEDNESDAY, MAY 9, 2007 No. 4874 CITY COUNCIL MONDAY, MAY 7, 2007

The City Record 10:00 A.M. — Public Safety Com- pensed with and the journal ap- mittee: Conwell, Chair; Brady, Vice proved. Seconded by Council Member Published weekly by the City Clerk, Chair; Britt, Coats, Cummins, Kel- Cleveland. Clerk of Council under authority ley, Polensek, Santiago, Turner. of the Charter of the COMMUNICATIONS City of Cleveland WEDNESDAY—Alternating The City Record is available File No. 754-07. 1:30 P.M. — Public Utilities Com- From the Office of Equal Oppor- online at mittee: Zone, Chair; Reed, Vice Chair; tunity — Certified MBEs and FBEs, www.clevelandcitycouncil.org Cleveland, Cummins, Keane, Kelley, reporting period January — March, Address all communications to Polensek, Santiago, Westbrook. 2007. Received. 1:30 P.M. — City Planning Com- EMILY LIPOVAN mittee: Cimperman, Chair, West- File No. 755-07. City Clerk, Clerk of Council brook, Vice Chair, Conwell, Keane, From the Office of Equal Oppor- Lewis, Reed, Zone. 216 City Hall tunity — Denials of Certifications, reporting period January — March, The following Committees are 2007. Received. PERMANENT SCHEDULE subject to the Call of the Chair: STANDING COMMITTEES Rules Committee: Sweeney, Chair; File No. 756-07. Cleveland, Kelley, Pierce Scott, From the Village of Woodmere — OF THE COUNCIL Polensek. copy of Resolution No. 2007-25 re- 2006-2009 Personnel and Operations Commit- garding opposition to the quarterly tee: Sweeney, Chair; Britt, Kelley, customer service charge imposed by MONDAY—Alternating Pierce Scott, Santiago, Westbrook, the City of Cleveland on water bills. White. Received. 9:30 A.M. — Public Parks, Prop- Mayor’s Appointment Committee: erty & Recreation Committee: John- Coats, Chair; Pierce Scott, Kelley, File No. 757-07. son, Chair; White, Vice Chair; Bran- Sweeney, Westbrook. From The Richard E. Jacobs catelli, Cummins, Kelley, Polensek, Group, Inc. — Annual report of Inde- Turner. pendent Auditor, Comulative Mini- 9:30 A.M. — Health & Human Ser- OFFICIAL PROCEEDINGS mum Return was not achieved for vices Committee: Britt, Chair; CITY COUNCIL the period ended December 31, 2006. Cleveland, Vice Chair; Conwell, ______Received. Kelley, Reed, Santiago, West- brook. Cleveland, Ohio File No. 758-07. 11:00 A.M. — Public Service Com- Monday, May 7, 2007 From The Richard E. Jacobs mittee: Brady, Chair; Turner, Vice The meeting of the Council was Group, Inc. — Auditor’s reports for Chair; Cleveland, Cummins, John- called to order, The President, Mar- Community Urban Redevelopment son, Polensek, Reed, Santiago, tin J. Sweeney, in the Chair. Corporations — Fiscal year ending White. Council Members present: Brady, December 31, 2006. Received. 11:00 A.M. — Legislation Commit- Brancatelli, Cimperman, Cleveland, tee: Cleveland, Chair; Keane, Vice Coats, Conwell, Cummins, Johnson, FROM DEPARTMENT OF Chair; Cimperman, Lewis, Pierce Keane, Kelley, Lewis, Polensek, LIQUOR CONTROL Scott, Reed, White. Reed, Santiago, Pierce Scott, Swee- ney, Westbrook, White and Zone. File No. 759-07. MONDAY Also present were Mayor Frank G. Re: Transfer of Ownership Appli- Jackson; Ken Silliman, Chief of cation — 1206261 — Cami Beverage 2:00 P.M. — Finance Committee: Staff; Darnell Brown, Chief Operat- Services, LLC, d.b.a. Holiday Inn, Sweeney, Chair; Cimperman, Vice ing Officer; Valarie J. McCall, Chief 1111 Lakeside Avenue. (Ward 13). Chair; Brady, Brancatelli, Britt, of Tracy Y. Martin, Chief of Educa- Received. Coats, Conwell, Pierce Scott, West- tion; Maureen Harper, Chief of Com- brook, White, Zone. munications; Andrea V. Taylor, File No. 760-07. Press Secretary; Debra Linn Talley, Re: Transfer of Ownership Appli- TUESDAY Director of Equal Opportunity and cation — 0179073 Amy’s II, Inc., Directors Triozzi, Dumas, Ciaccia, d.b.a. Amy’s, 3133 Payne Avenue. 9:30 A.M. — Community and Eco- Smith, Wasik, Carroll, Flask, Cox, (Ward 13). Received. nomic Development Committee: Pierce Rush, Rybka, Hutchinson, Reilly, Scott, Chair; Brancatelli, Vice Chair; Griffin, Brown and Teresa Steven- File No. 761-07 Brady, Cimperman, Cummins, Coats, son, Special Assistant to the Mayor Re: Transfer of Ownership Appli- Lewis, Westbrook. Zone. for Legislative Affairs. cation — 7744703Michael Alexander 1:30 P.M. — Employment, Affirma- Sarkis, LLC, d.b.a. Clark on Go, Pursuant to Ordinance No. 2926-76 tive Action & Training Committee: 13925 Puritas Avenue. (Ward 20). prayer was offered by Rev. Felix Lewis, Chair; Santiago, Vice Chair; Received. Muniz of the Church of the Brancatelli, Coats, Conwell, John- Nazarene, 2226 West 89th Street, son, Turner. CONDOLENCE RESOLUTIONS Cleveland, Ohio 44102, located in Ward 18. Pledge of Allegiance. WEDNESDAY—Alternating The rules were suspended and the MOTION following Resolutions were adopted 10:00 A.M. — Aviation & Trans- by a rising vote: portation Committee: Kelley, Chair; On the motion of Council Member Westbrook, Vice Chair; Brancatelli, Polensek, the reading of the min- Res. No. 762-07 — David W. Whit- Britt, Cleveland, Keane, Turner. utes of the last meeting were dis- aker, Sr. 767 4 The City Record May 9, 2007

Res. No. 763-07 — Mello “Mel” immediately upon its passage and and Supplies on a unit basis for the Mitchell, Sr. approval by the Mayor; otherwise it appropriate department. Bids shall Res. No. 764-07—Lillie Mae Lewis. shall take effect and be in force be taken in a manner that permits Res. No. 765-07—Marcee A. Jones. from and after the earliest period an award to be made for all items Res. No. 766-07—Ralph Arcuri. allowed by law. as a single contract, or by separate Referred to Directors of City Plan- contract for each or any combina- CONGRATULATION RESOLUTIONS ning Commission, Finance, Law; tion of the items as the Board of Committees on City Planning, Finance. Control determines. Alternate bids The rules were suspended and the for a period less than the specified following Resolutions were adopted Ord. No. 732-07. term may be taken if desired by the without objection: By Council Members Zone and Commissioner of Purchases and Sup- Sweeney (by departmental request). plies until provision is made for the Res. No. 767-07—Richard L. Hamp- An emergency ordinance authoriz- requirements for the entire term. ton. ing the Director of Public Utilities, Section 5. That the costs of the Res. No. 768-07—David and Renate or other appropriate Director to ap- contract or contracts shall be Jacupca — Founders of the Inter- ply for and accept grants, gifts, and charged against the proper appro- national Center for Environmental gifts of equipment and services from priation accounts and the Director Arts. public and private entities to facili- of Finance shall certify the amount tate sustainability program-related of the initial purchase, which pur- RECOGNITION RESOLUTIONS projects; authorizing the purchase chase, together with all later pur- by one or more requirement con- chases, shall be made on order of The rules were suspended and the tracts of materials, equipment, sup- the Commissioner of Purchases and following Resolutions were adopted plies, and services, and authorizing Supplies under a requisition against without objection: the appropriate director to employ the contract or contracts certified by one or more professional consul- the Director of Finance. Res. No. 769-07—Staples at Steel- tants, and authorizing one or more Section 6. That the appropriate yard Commons. Director is authorized to employ by Res. No. 770-07—Wire Association contracts with various agencies, entities, or individuals needed to contract or contracts one or more International. consultants or one or more firms of Res. No 771-07—International Fas- implement the projects. Whereas, this ordinance consti- consultants for the purpose of sup- tener Machinery & Suppliers Associ- plementing the regularly employed ation. tutes an emergency measure provid- ing for the usual daily operation of staff of the several departments of a municipal department; now, there- the City of Cleveland in order to pro- FIRST READING EMERGENCY vide professional services necessary ORDINANCES REFERRED fore, Be it ordained by the Council of to implement the projects described in this ordinance. Ord. No. 731-07. the City of Cleveland: Section 1. That the Director of The selection of the consultants By Council Member Westbrook. for the services shall be made by An emergency ordinance desig- Public Utilities, or other appropriate Director, is authorized to apply for Board of Control on the nomination nating Neal Terrace as a Cleveland of the appropriate Director from a Landmark. and accept grants and gifts from any source for sustainability-pro- list of qualified consultants avail- Whereas, under Chapter 161 of the able for employment as may be Codified Ordinances of Cleveland, gram-related projects for a period of two years, including but not limited determined after a full and complete Ohio, 1976, the Cleveland Landmarks canvass by the appropriate Director Commission (the “Commission”), has to the following projects: Solar Thermal Pilot Project; Curbside Re- for the purpose of compiling a list. proposed to designate Neal Terrace The compensation to be paid for the as a landmark; and cycling Pilot Project; Biodiesel and Renewable Fuels Pilot Project; Sus- services shall be fixed by the Board Whereas, the owner of Neal Ter- of Control. The contract or contracts race has been properly notified and tainability Program Marketing and Education Materials; LEED Certifi- authorized shall be prepared by the has consented in writing to the pro- Director of Law, approved by the posed designation; and cation and Green Building Guide- book; and Car Sharing Pilot Pro- appropriate Director, and certified Whereas, the Commission has rec- by the Director of Finance. ommended designation of Neal Ter- gram. That the appropriate Director is authorized to file all papers and Section 7. That under Section race as a landmark and has set 108(b) of the Charter, the purchases forth certain findings of fact con- execute all documents necessary to receive the funds under this ordi- authorized by this ordinance may be stituting the basis for its decision; made through cooperative agree- and nance; and that the funds are appro- ments using state procedures. The Whereas, this ordinance consti- priated for the purposes described in appropriate Director may sign all tutes an emergency measure provid- this ordinance. documents with the State of Ohio or ing for the immediate preservation Section 2. That the appropriate any of its political subdivisions that of the public peace, property, health, Director is authorized to accept the are necessary to make the purchas- and safety in that the immediate gift of equipment and services nec- es, and may enter into one or more protection of the historic landmark essary to implement the projects contracts with the vendors selected is necessary to safeguard the spe- described above from various public through that cooperative process. cial historical, community, or aes- and private entities. The appropri- Section 8. That the appropriate thetic interest or value in the land- ate Director is further authorized to Director is authorized to enter into mark; now, therefore, enter into one or more agreements Be it ordained by the Council of to accept equipment and services one or more contracts with agencies, the City of Cleveland: and shall include, if necessary, terms entities, or individuals to implement Section 1. That Neal Terrace, that provide warranties to the City the grants as described in this ordi- whose street address in the City of and indemnification of the City for nance. Cleveland is 8811 Detroit Avenue, N. infringement and other potential Section 9. That the costs of the W., also known as Cuyahoga Coun- claims. contract or contracts authorized by ty Auditor’s Permanent Parcel Num- Section 3. That the appropriate this ordinance shall be paid from ber 001-31-003, and the land embrac- Director shall deposit the gifts and the fund or funds to which are cred- ing the site thereof, which in its grants accepted under this ordi- ited any grant proceeds or cash entirety is a property having special nance into a fund or funds desig- gifts accepted under this ordinance. character or special historical or nated by the Director of Finance to Section 10. That this ordinance is aesthetic value as part of the devel- implement the programs described declared to be an emergency mea- opment, heritage, or cultural char- in this ordinance and appropriated sure and, provided it receives the acteristics of the City, State, or the for that purpose. affirmative vote of two-thirds of all United States, is designated a land- Section 4. That the appropriate the members elected to Council, it mark under Chapter 161 of the Cod- Director is authorized to make one shall take effect and be in force ified Ordinances of Cleveland, Ohio, or more written requirement con- immediately upon its passage and 1976. tracts under the Charter and the approval by the Mayor; otherwise it Section 2. That this ordinance is Codified Ordinances of Cleveland, shall take effect and be in force declared to be an emergency mea- Ohio, 1976, for the requirements dur- from and after the earliest period sure and, provided it receives the ing the grant terms of the necessary allowed by law. affirmative vote of two-thirds of all items of materials, equipment, sup- Referred to Directors of Public the members elected to Council, it plies, and services, to be purchased Utilities, Finance, Law; Committees shall take effect and be in force by the Commissioner of Purchases on Public Utilities, Finance. 768 May 9, 2007 The City Record 5

Ord. No. 733-07. be charged against the proper appro- Whereas, this ordinance consti- By Council Members Britt and priation accounts and the Director of tutes an emergency measure provid- Sweeney (by departmental request). Finance shall certify the amount of ing for the usual daily operation of An emergency ordinance authoriz- the initial purchase, which purchase, a municipal department; now, there- ing the Director of Public Health to together with all later purchases, fore, apply for and accept a grant from shall be made on order of the Com- Be it ordained by the Council of the United States Environmental Pro- missioner of Purchases and Supplies the City of Cleveland: tection Agency for Project IMPACT; under a requisition against the con- Section 1. That the Director of authorizing the purchase by one or tract or contracts certified by the Public Health or Community Devel- more requirement contracts of equip- Director of Finance. opment, as appropriate, is autho- ment, materials, supplies, and ser- Section 7. That under Section 108(b) rized to enter into one or more con- vices; authorizing the Director to of the Charter, the purchases autho- tracts with various agencies or enti- employ one or more professional rized by this ordinance may be made ties to provide AIDS-related services consultants to implement the grant; through cooperative agreements in conjunction with the Housing and authorizing the Director to using state procedures. The Director Opportunities for People With AIDS enter into one or more contracts of Public Health may sign all docu- (HOPWA) Grant Prgram, under File with various agencies, entities, or ments with the State of Ohio or any No. 734-07-A, and in addition, the individuals to implement the grant. of its political subdivisions that are sum of not more than $25,000.00 is Whereas, this ordinance consti- necessary to make the purchases, and appropriated to the Department of tutes an emergency measure provid- may enter into one or more contracts Public Health for administrative ing for the usual daily operation of with the vendors selected through costs of implementing the HOPWA a municipal department; now, there- that cooperative process. program. fore, Section 8. That the Director of Section 2. That the Director of Be it ordained by the Council of Public Health is authorized to Public Health or Community Devel- the City of Cleveland: employ by contract or contracts one opment, as appropriate, is autho- Section 1. That the Director of or more consultants or one or more rized to employ by contract or con- Public Health is authorized to apply firms of consultants for the purpose tracts one or more consultants or for and accept a grant in the of supplementing the regularly one or more firms of consultants for approximate amount of $99,990, and employed staff of the several depart- the purpose of supplementing the any other funds that may become ments of the City of Cleveland in regularly employed staff of the sev- available during the grant term order to provide professional ser- eral departments of the City of from United States Environmental vices necessary to implement the Cleveland in order to provide pro- Protection Agency, to conduct the grant as described in the file. fessional services necessary to pro- Project IMPACT Program; that the The selection of the consultants vide evaluation services. Director is authorized to file all for the services shall be made by The selection of the consultants papers and execute all documents the Board of Control on the nomi- for the services shall be made by necessary to receive the funds under nation of the Director of Public the Board of Control on the nomi- the grant; and that the funds are Health from a list of qualified con- nation of the Director of Public appropriated for the purposes sultants available for employment Health or Community Development, described in the summary for the as may be determined after a full as appropriate, from a list of quali- grant contained in the file described and complete canvass by the Direc- fied consultants available for em- below. tor of Public Health for the purpose ployment as may be determined Section 2. That the summary for of compiling a list. The compensa- after a full and complete canvass by the grant, File No. 733-07-A, made a tion to be paid for the services shall the Director of Public Health or part of this ordinance as if fully be fixed by the Board of Control. Community Development, as appro- rewritten, as presented to the The contract or contracts authorized priate, for the purpose of compiling Finance Committee of this Council shall be prepared by the Director of a list. The compensation to be paid at the public hearing on this legis- Law, approved by the Director of for the services shall be fixed by the lation, is approved in all respects Public Health, and certified by the Board of Control. The contract or and shall not be changed without Director of Finance. contracts authorized shall be pre- additional legislative authority. Section 9. That the Director of pared by the Director of Law, Section 3. That the Director of Public Health is authorized to enter approved by the Director of Public Public Health shall have the author- into one or more contracts with Health or Community Development, ity to extend the term of the grant agencies, entities, or individuals to as appropriate, and certified by the during the grant term. implement the grant as described in Director of Finance. Section 4. That the Director of the file. Section 3. That any agency or Public Health shall deposit the Section 10. That the cost of con- entity that receives funds under this grant accepted under this ordinance tract or contracts authorized shall ordinance shall be required to com- into a fund or funds designated by be paid from the fund or funds to ply with the evaluation services pro- the Director of Finance to imple- which are credited the grant pro- vided by the consultant. ment the program as described in ceeds accepted under this ordinance. Section 4. That the Directors of the file and appropriated for that Section 11. That this ordinance is Public Health and the Director of purpose. declared to be an emergency mea- Community Development are autho- Section 5. That the Director of sure and, provided it receives the rized to enter into a memorandum Public Health is authorized to make affirmative vote of two-thirds of all of understanding for this program one or more written requirement the members elected to Council, it under the terms authorized by this contracts under the Charter and the shall take effect and be in force legislation. Codified Ordinances of Cleveland, immediately upon its passage and Section 5. That the costs of the Ohio, 1976, for the requirements dur- approval by the Mayor; otherwise it contract or contracts authorized ing the grant term of the necessary shall take effect and be in force above are appropriated for costs of items of equipment, materials, ser- from and after the earliest period the Department of Public Health vices, and supplies, to be purchased allowed by law. incurred from Fund 19 following the by the Commissioner of Purchases Referred to Directors of Public appropriate federal regulations and and Supplies on a unit basis for the Health, Finance, Law; Committees shall not exceed $890,000 and shall Division of Environment, Depart- on Health and Human Services, be paid from Fund Nos. 19 SF 612 ment of Public Health. Bids shall be Finance. and 19 SF 602, Request No. 157151. taken in a manner that permits an Section 6. That this ordinance is award to be made for all items as Ord. No. 734-07. declared to be an emergency mea- a single contract, or by separate By Council Members Britt, Pierce sure and, provided it receives the contract for each or any combina- Scott and Sweeney (by departmental affirmative vote of two-thirds of all tion of the items as the Board of request). the members elected to Council, it Control determines. Alternate bids An emergency ordinance autho- shall take effect and be in force for a period less than the specified rizing the Director of Public immediately upon its passage and term may be taken if desired by the Health or Community Development, approval by the Mayor; otherwise it Commissioner of Purchases and Sup- as appropriate, to enter into one or shall take effect and be in force plies until provision is made for the more contracts with various agen- from and after the earliest period requirements for the entire term. cies or entities to provide AIDS- allowed by law. Section 6. That the costs of the con- related services, in conjunction with Referred to Directors of Public tract or contracts shall be paid from the HOPWA Grant; and authorizing Health, Community Development, the fund or funds to which are cred- the employment of one or more pro- Finance, Law; Committees on Health ited the grant proceeds accepted fessional consultants to provide and Human Services, Community and under this ordinance and shall also evaluation services. Economic Development, Finance. 769 6 The City Record May 9, 2007

Ord. No. 735-07. sioner of Purchases and Supplies Be it ordained by the Council of By Council Members Britt and until provision is made for the the City of Cleveland: Sweeney (by departmental request). requirements for the entire grant Section 1. That notwithstanding An emergency ordinance autho- term. and as an exception to the provi- rizing the Director of Public Section 7. That the costs of the sions of Chapters 181 and 183 of the Health to apply for and accept a contract or contracts shall be Codified Ordinances of Cleveland, grant from Ohio Department of charged against the proper appro- Ohio, 1976, the Director of Public Health for the Women’s Health priation accounts. The Director of Safety is authorized to lease from Services Program; authorizing the Finance shall certify the amount of Mercantile Associates certain space director to charge and accept fees the initial purchase, which pur- more fully described as follows: for this program; and to enter into chase, together with all later pur- approximately 5,400 square feet of one or more contracts to implement chases, shall be made on order of space located at 23600 Mercantile the program. the Commissioner of Purchases and Road, Unit J, Beachwood, Ohio, and Whereas, this ordinance consti- Supplies under a requisition against up to ten parking spaces (“Leased tutes an emergency measure provid- the contract or contracts certified by Premises”). ing for the usual daily operation of the Director of Finance. Section 2. That the term of the a municipal department; now, there- Section 8. That under Section lease shall not exceed one year, fore, 108(b) of the Charter, the purchases beginning April 1, 2007, with one Be it ordained by the Council of authorized by this ordinance may be option to renew for an additional the City of Cleveland: made through cooperative agree- one year period, exercisable by the Section 1. That the Director of ments using state procedures. The Director of Public Safety. Public Health is authorized to apply Director of Public Health may sign Section 3. That the rent for the for and accept a grant in the all documents with the State of Ohio lease shall be a base rate of $3,400 approximate amount of $100,000 and or any of its political subdivisions per month, which includes utilities, any other funds that may become that are necessary to make the pur- operating costs, and the City’s por- available during the grant term, chases, and may enter into one or tion of maintenance costs for the from Ohio Department of Health to more contracts with the vendors non-exclusive use of common areas conduct the Women’s Health Ser- selected through that cooperative at 23600 Mercantile Road. vices Program; that the Director is process. Section 4. That the lease may authorized to file all papers and Section 9. That the Director of authorize the City to make improve- execute all documents necessary to Public Health is authorized to enter ments to the Leased Premises under receive the funds under the grant; into one or more contracts with terms to be determined by the par- and that the funds are appropriated agencies, entities, or individuals to ties consistent with the public pur- for the purposes set forth in the implement the grant as described in pose or purposes of leasing space to summary for the grant contained in the file. store goods necessary for the oper- the file described below. Section 10. That the costs of the ation of the Cleveland House of Cor- Section 2. That the summary for contract or contracts shall be paid rections. the grant, File No. 735-07-A, made a from the fund or funds to which are Section 5. That the lease may pro- part of this ordinance as if fully re- credited the proceeds of the grant vide that the City shall have non- written, as presented to the Finance accepted under this ordinance and exclusive use of common parking Committee of this Council at the from the revolving fund to which and loading areas at 23600 Mercan- public hearing on this legislation are credited first and third party tile Road. and shall not be changed without billings. Section 6. That the costs of the additional legislative authority, is Section 11. That this ordinance is lease shall be paid from Fund No. approved in all respects, including declared to be an emergency mea- 01-600702-636000, Request No. 179482. the obligation to devote program sure and, provided it receives the Section 7. That the lease shall be income from first and third party affirmative vote of two-thirds of all prepared by the Director of Law. billings. the members elected to Council, it Section 8. That the Directors of Section 3. That the Director of shall take effect and be in force Public Safety and Law, and other Public Health shall have the author- immediately upon its passage and appropriate City officials, are autho- ity to extend the term of the grant approval by the Mayor; otherwise it rized to execute other documents during the grant term. shall take effect and be in force and certificates, and take other Section 4. That the Director of from and after the earliest period actions as may be necessary or Public Health shall deposit the allowed by law. appropriate to effect the lease grant accepted under this ordinance Referred to Directors of Public authorized by this ordinance. into a fund or funds designated by Health, Finance, Law; Committees Section 9. That this ordinance is the Director of Finance to imple- on Health and Human Services, declared to be an emergency mea- ment the program as described in Finance. sure and, provided it receives the the file and appropriated for that affirmative vote of two-thirds of all purpose. Ord. No. 736-07. the members elected to Council, it Section 5. That the Director of Pub- By Council Members Conwell, Cim- shall take effect and be in force lic Health is authorized to charge perman and Sweeney (by depart- immediately upon its passage and and accept fees from participants of mental request). approval by the Mayor; otherwise it this program and to deposit those An emergency ordinance authoriz- shall take effect and be in force fees into a revolving fund which will ing the Director of Public Safety to from and after the earliest period be used to provide additional mate- lease property known as 23600 Mer- allowed by law. rials, equipment, supplies, and ser- cantile Road, Unit J, from Mercan- Referred to Directors of Public vices under the program described in tile Associates for the public pur- Safety, City Planning Commission, the file, and the funds are appropri- pose of leasing space to store goods Finance, Law; Committees on Public ated for that purpose. necessary for the operation of the Safety, City Planning, Finance. Section 6. That the Director of Cleveland House of Corrections, for Public Health is authorized to make a term not to exceed one year, with Ord. No. 737-07. one or more written requirement one option to renew for an addi- By Council Members Pierce Scott contracts under the Charter and the tional one year period. and Sweeney (by departmental re- Codified Ordinances of Cleveland, Whereas, the City of Cleveland quest). Ohio, 1976, for the requirements for requires certain space located at An emergency ordinance authoriz- the period of the grant term of the 23600 Mercantile Road, Unit J, in ing the Director of Community necessary items of laboratory ser- Beachwood, Ohio, and up to ten Development to enter into or amend vices necessary to implement the parking spaces, and the non-exclu- contracts with various agencies to program as described in the file, to sive use of common parking and provide housing, commercial, indus- be purchased by the Commissioner loading areas, for the public purpose trial and real estate development of Purchases and Supplies on a unit of leasing space to store goods nec- activities. basis for the Department of Public essary for the operation of the Whereas, this ordinance consti- Health. Bids shall be taken in a Cleveland House of Corrections; and tutes an emergency measure provid- manner that permits an award to be Whereas, Mercantile Associates ing for the usual daily operation of made for all items as a single con- has proposed to lease the space to a municipal department; now, there- tract, or by separate contract for the City of Cleveland; and fore, each or any combination of the Whereas, this ordinance consti- Be it ordained by the Council of items as the Board of Control deter- tutes an emergency measure provid- the City of Cleveland: mines. Alternate bids for a period ing for the usual daily operation of Section 1. That the Director of less than the grant term may be a municipal department; now, there- Community Development is autho- taken if desired by the Commis- fore, rized to enter into or amend con- 770 May 9, 2007 The City Record 7 tracts with various agencies to pro- from and after the earliest period from and after the earliest period vide housing, commercial, industrial allowed by law. allowed by law. and real estate development activi- Referred to Directors of Commu- Referred to Directors of Commu- ties. nity Development, Finance, Law; nity Development, Finance, Law; Section 2. That the cost of the con- Committees on Community and Eco- Committees on Community and Eco- tracts authorized in this ordinance nomic Development, Finance. nomic Development, Finance. shall not exceed $1,889,000, and shall be paid from Fund No. 14 SF 033, Ord. No. 739-07. Ord. No. 740-07. Request No. 178608. By Council Members Pierce Scott By Council Members Britt, Pierce Section 3. That the Director of and Sweeney (by departmental re- Scott and Sweeney (by departmental Community Development is autho- quest). request). rized to accept program income and An emergency ordinance authoriz- An emergency ordinance authoriz- use this and other program income ing the Director of Community De- ing the Director of Community to finance additional housing, com- velopment to enter into one or more Development or Public Health, as mercial, industrial and real estate contracts with various housing de- appropriate, to enter into contracts development activities, and the pro- velopment entities, or their designees, with various agencies or entities to gram income is appropriated for to implement the Housing Trust provide AIDS-related services; and those purposes. Fund Program, for costs associated authorizing the employment of one Section 4. That the Director of with various housing activities. or more professional consultants to Community Development is autho- Whereas, this ordinance consti- provide evaluation services. rized to enter into or amend con- tutes an emergency measure provid- Whereas, this ordinance consti- tracts with the agencies administer- ing for the usual daily operation of tutes an emergency measure provid- ing the housing, commercial, indus- a municipal department; now, there- ing for the usual daily operation of trial and real estate activities that fore, a municipal department; now, there- generated program income in an Be it ordained by the Council of fore, amount not to exceed that generat- the City of Cleveland: Be it ordained by the Council of ed program income and to be paid Section 1. That the Director of the City of Cleveland: from the revolving fund in Fund 14. Community Development is autho- Section 1. That the Director of Section 5. That the Director of rized to enter into one or more con- Public Health or Community Devel- Community Development is autho- tracts with various housing devel- opment, as appropriate, is autho- rized to enter into or amend con- opment entities, or their designees, rized to enter into one or more con- tracts with for-profit or non-profit for the purpose of implementing the tracts with various agencies or enti- organizations serving as the fiscal Housing Trust Fund Program. ties to provide HIV/AIDS preven- agent for the various agencies to Section 2. That eligible activities tion, education activities, under File provide housing, commercial, indus- under the Housing Trust Fund Pro- No. 740-07-A, and in addition, the trial, and real estate development gram include new construction, re- sum of not more than $110,000 is activities. habilitation, site preparation, site appropriated to the Department of Section 6. That this ordinance is acquisition, predevelopment activi- Public Health for administrative declared to be an emergency mea- ties and financial assistance to costs of implementing the contracts sure and, provided it receives the home buyers. authorized by this ordinance. affirmative vote of two-thirds of all Section 3. That the cost of the con- Section 2. That the Director of the members elected to Council, it tracts shall not exceed $6,600,000.00, Public Health or Community Devel- shall take effect and be in force and shall be paid from Fund Nos. 19 opment, as appropriate, is autho- immediately upon its passage and SF 610, 13 SF 236, 19 SF 600, 14 SF rized to employ by contract or con- approval by the Mayor; otherwise it 032, and 14 SF 033, Request No. tracts one or more consultants or shall take effect and be in force 178611. one or more firms of consultants for from and after the earliest period Section 4. That the Director of the purpose of supplementing the allowed by law. Community Development is autho- regularly employed staff of the sev- Referred to Directors of Commu- rized to accept monies in repayment eral departments of the City of nity Development, Finance, Law; of loans authorized in this ordinance Cleveland in order to provide pro- Committees on Community and Eco- and to deposit those monies in Fund fessional services necessary to pro- nomic Development, Finance. Nos. 14, and 19 and utilize said vide evaluation services. repayments and other program The selection of the consultants Ord. No. 738-07. income in a revolving fund for mak- for the services shall be made by By Council Members Pierce Scott ing additional expenditures under the Board of Control on the nomi- and Sweeney (by departmental re- this program, and such funds are nation of the Director of Public quest). hereby appropriated for that pur- Health or Community Development, An emergency ordinance authoriz- pose. as appropriate, from a list of quali- ing the Director of Community Section 5. That the City is autho- fied consultants available for em- Development to enter into one or rized to accept promissory notes, ployment as may be determined more contracts with CDBG-eligible naming the City of Cleveland as after a full and complete canvass by agencies to implement the City- payee, and mortgages, naming the the Director of Public Health or works Program. City of Cleveland as mortgagee, and Community Development, as appro- Whereas, this ordinance consti- any other security instrument exe- priate, for the purpose of compiling tutes an emergency measure provid- cuted to evidence and secure repay- a list. The compensation to be paid ing for the usual daily operation of ment of loans made under this pro- for the services shall be fixed by the a municipal department; now, there- gram. Board of Control. The contract or fore, Section 6. That the Director of contracts authorized shall be pre- Be it ordained by the Council of Community Development is autho- pared by the Director of Law, the City of Cleveland: rized to enter into forbearance approved by the Director of Public Section 1. That the Director of agreements with any recipient of a Health or Community Development, Community Development is autho- validly existing loan administered as appropriate, and certified by the rized to enter into one or more con- by the City, and to charge and Director of Finance. tracts with various CDBG-eligible accept fees to cover costs incurred Section 3. That any agency or agencies to implement the City- in the preparation of loan docu- entity that receives funds under this works Program. ments, closing, and servicing costs. ordinance shall be required to com- Section 2. That the aggregate cost Such fees shall be deposited into ply with the evaluation services pro- of the contracts authorized in this Fund No. 14 and Fund 19. The rev- vided by the consultant. ordinance shall not exceed $142,000, enues generated as a result of Section 4. That the Directors of and any prior years CDBG City- charging fees are hereby appropri- Public Health and Community De- works program balances, and shall ated for additional program and velopment are authorized to enter be paid from Fund No. 14 SF 033, operating expenses for Housing into a memorandum of understand- Request No. 178609. Trust Fund activities. ing for this program in accordance Section 3. That this ordinance is Section 7. That this ordinance is with the terms authorized by this declared to be an emergency mea- declared to be an emergency mea- legislation. sure and, provided it receives the sure and, provided it receives the Section 5. That the cost of the con- affirmative vote of two-thirds of all affirmative vote of two-thirds of all tract or contracts authorized are the members elected to Council, it the members elected to Council, it appropriated for costs of the De- shall take effect and be in force shall take effect and be in force partment of Public Health incurred immediately upon its passage and immediately upon its passage and from Fund 19 following the appro- approval by the Mayor; otherwise it approval by the Mayor; otherwise it priate federal regulations and shall shall take effect and be in force shall take effect and be in force not exceed $489,000 and shall be 771 8 The City Record May 9, 2007 paid from Fund Nos. 14 SF 032 and shall take effect and be in force Section 1. That, notwithstanding 14 SF 033, Request No. 157152. immediately upon its passage and and as an exception to the Codified Section 6. That this ordinance is approval by the Mayor; otherwise it Ordinances of the City of Cleveland, declared to be an emergency mea- shall take effect and be in force 1976, the name “Poland Street” shall sure and, provided it receives the from and after the earliest period be added as a secondary name to affirmative vote of two-thirds of all allowed by law. East 66th Street between Lansing the members elected to Council, it Referred to Directors of Commu- Avenue and Warsaw Avenue. shall take effect and be in force nity Development, Parks, Recreation Section 2. That this ordinance is immediately upon its passage and and Properties, City Planning Com- hereby declared to be an emergency approval by the Mayor; otherwise it mission, Finance, Law; Committees measure and, provided it receives shall take effect and be in force on Community and Economic Devel- the affirmative vote of two-thirds of from and after the earliest period opment, Public Parks, Property and all the members elected to Council, allowed by law. Recreation, City Planning, Finance. it shall take effect and be in force Referred to Directors of Public immediately upon its passage and Health, Community Development, Ord. No. 742-07. approval by the Mayor; otherwise it Finance, Law; Committees on Health By Council Member Cimperman. shall take effect and be in force and Human Services, Community and An emergency ordinance desig- from and after the earliest period Economic Development, Finance. nating The Sanderson-Makar House allowed by law. as a Cleveland Landmark. Referred to Directors of Public Ord. No. 741-07. Whereas, under Chapter 161 of the Service, City Planning Commission, By Council Members Coats, Pierce Codified Ordinances of Cleveland, Finance, Law; Committees on Public Scott, Johnson, Cimperman and Ohio, 1976, the Cleveland Landmarks Service, City Planning, Finance. Sweeney (by departmental request). Commission (the “Commission”), has An emergency ordinance authoriz- proposed to designate The Sander- Ord. No. 753-07. ing the Director of Community son-Makar House as a landmark; By Council Member Brady. Development and other Directors of and An emergency ordinance designat- City Departments to enter into con- Whereas, the owner of The Sand- ing Oppmann Terrace, also known tract with various agencies to pro- erson-Makar House has been prop- as Boulevard Terrace Apartments, vide social service programs, autho- erly notified and has consented in as a Cleveland Landmark. rizing the Director of Community writing to the proposed designation; Whereas, under Chapter 161 of the Development to enter into Memo- and Codified Ordinances of Cleveland, randa of Understanding with the Whereas, the Commission has rec- Ohio, 1976, the Cleveland Landmarks various Directors of City Depart- ommended designation of The Commission (the “Commission”), has ments, and authorizing the Director Sanderson-Makar House as a land- proposed to designate Oppmann Ter- of Parks, Recreation and Properties mark and has set forth certain find- race, also known as Boulevard Ter- to lease space from the Greater New ings of fact constituting the basis race Apartments, as a landmark; and Calvary Baptist Church to provide for its decision; and Whereas, the owner of Oppmann facilities for recreation activities. Whereas, this ordinance consti- Terrace, also known as Boulevard Whereas, this ordinance consti- tutes an emergency measure provid- Terrace Apartments, has been prop- tutes an emergency measure provid- ing for the immediate preservation erly notified and has consented in writing to the proposed designation; ing for the usual daily operation of of the public peace, property, health, and a municipal department; now, there- and safety in that the immediate Whereas, the Commission has rec- fore, protection of the historic landmark ommended designation of Oppmann Be it ordained by the Council of is necessary to safeguard the spe- Terrace, also known as Boulevard the City of Cleveland: cial historical, community, or aes- Terrace Apartments, as a landmark Section 1. That the Director of thetic interest or value in the land- and has set forth certain findings of Community Development is autho- mark; now, therefore, fact constituting the basis for its rized to enter into or amend con- Be it ordained by the Council of decision; and tracts with various agencies to pro- the City of Cleveland: Whereas, this ordinance consti- vide social service programs. Section 1. That The Sanderson- tutes an emergency measure provid- Section 2. That the Director of Makar House, whose street address ing for the immediate preservation Community Relations is authorized in the City of Cleveland is 3017-3101 of the public peace, property, health, to enter into or amend contracts Clinton Avenue, N. W., also known and safety in that the immediate with various non-profit agencies to as Cuyahoga County Auditor’s Per- protection of the historic landmark provide youth-at-risk programs. manent Parcel Number 003-27-043, is necessary to safeguard the spe- Section 3. That, notwithstanding and the land embracing the site cial historical, community, or aes- and as an exception to the provi- thereof, which in its entirety is a thetic interest or value in the land- sions of Chapters 181 and 183 of the property having special character or mark; now, therefore, Codified Ordinances of Cleveland, special historical or aesthetic value Be it ordained by the Council of Ohio, 1976, and as amended, the as part of the development, heritage, the City of Cleveland: Director of Parks, Recreation and or cultural characteristics of the Section 1. That Oppmann Terrace, Properties is authorized to lease City, State, or the United States, is also known as Boulevard Terrace from the Greater New Calvary Bap- designated a landmark under Chap- Apartments, whose street address in tist Church, a gym located at 822 ter 161 of the Codified Ordinances of the City of Cleveland is 10107 East 150th Street, Cleveland, Ohio, Cleveland, Ohio, 1976. through 10121 Detroit Avenue, N. W., for a period of one year. Section 2. That this ordinance is and 10106 through 10118 Madison Section 4. That the rent for the declared to be an emergency mea- Avenue, N. W., also known as Cuya- lease shall be $9,900 per year; that sure and, provided it receives the hoga County Auditor’s Permanent the lease may provide for the City affirmative vote of two-thirds of all Parcel Numbers 001-28-012, 001-28-027, to pay for the installation and oper- the members elected to Council, it 001-28-028, and 001-28-057, and the ating cost of utility services to the shall take effect and be in force land embracing the site thereof, leased premises; that the lease shall immediately upon its passage and which in its entirety is a property be for the purpose of providing a approval by the Mayor; otherwise it having special character or special facility for recreation activities; and shall take effect and be in force historical or aesthetic value as part that the lease shall be prepared by from and after the earliest period of the development, heritage, or cul- the Director of Law. allowed by law. tural characteristics of the City, Section 5. That the Director of Com- Referred to Directors of City Plan- State, or the United States, is desig- munity Development is authorized to ning Commission, Finance, Law; nated a landmark under Chapter 161 enter into Memoranda of Under- Committees on City Planning, Finance. of the Codified Ordinances of Cleve- standings with the Directors of Com- land, Ohio, 1976. munity Relations and Parks, Recre- Ord. No. 748-07. Section 2. That this ordinance is ation and Properties for the purpos- By Council Member Brancatelli. declared to be an emergency mea- es described in this ordinance. An emergency ordinance to add sure and, provided it receives the Section 6. That the total cost of the name “Poland Street” as a sec- affirmative vote of two-thirds of all the contracts authorized in this ordi- ondary name to East 66th Street the members elected to Council, it nance shall be in an amount not to between Lansing Avenue and War- shall take effect and be in force exceed $1,800,000 and shall be paid saw Avenue. immediately upon its passage and from Fund No. 14 SF 033, Request Whereas, this ordinance consti- approval by the Mayor; otherwise it No. 178610. tutes an emergency measure provid- shall take effect and be in force Section 7. That this ordinance is ing for the usual daily operation of from and after the earliest period declared to be an emergency mea- a municipal department; now, there- allowed by law. sure and, provided it receives the fore, Referred to Directors of City Plan- affirmative vote of two-thirds of all Be it ordained by the Council of ning Commission, Finance, Law; the members elected to Council, it the City of Cleveland: Committees on City Planning, Finance. 772 May 9, 2007 The City Record 9

FIRST READING ORDINANCES REFERRED

Ord. No. 743-07. By Council Member Brancatelli. An ordinance to change the zoning of a parcel of land on the west side of East 80th Street, North of Aetna Road to Semi-Industry (Map Change No. 2227, Sheet No. 6). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands bounded and described as follows: Beginning in the centerline of East 80th Street and its intersection with the centerline of Aetna Road; Thence northerly along the centerline of East 80th Street to its intersection with the easterly prolongation of the southerly line of Sublot No. 39 in the Berger & Wageman Subdivision as shown on the recorded plat in Volume 7 of Maps and Page 14 of Cuyahoga County Records said parcel also being known as Cuyahoga County’s Permanent Parcel Number 133-05-044 said point being hereafter known as the principal place of begin- ning; Thence Westerly along said easterly prolongation and southerly line to its intersection with the easterly line of Sublot No. 52 in said Berger & Wageman Subdivision; Thence northerly along said easterly line to its intersection with the northerly line of said Sublot Number 39; Thence easterly along said northerly line and along its easterly prolongation to its intersection with the centerline of East 80th Street; Thence southerly along said centerline to it intersection with the centerline of Aetna Road and the principal place of beginning, and as shaded on the attached map is changed to a Semi-Industry District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2227, Sheet No. 6 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Referred to Directors of City Planning Commission, Law; Committee on City Planning. 773 10 The City Record May 9, 2007

Ord. No. 744-07. By Council Member Cimperman. An ordinance changing the Use District of land on the west side of West 14th Street north of Castle Avenue and south of Mentor Avenue from Multi-Family to Urban Garden District (Map Change No. 2228, Sheet No. 1). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands bounded and described as follows: Beginning in the centerline of Mentor Avenue at its intersection with the centerline of West 14th Street; Thence southerly along said centerline of West 14th Street to its intersection with the easterly prolongation of the north line of Parcel A of the Subdivision and Consolidation Plat for John F. Kenney and Maureen T. Luehrs- Kenney being part of Sublots in the Jacob B. Perkins South Side Allotment and part of Original Brooklyn Township Lot No. 71 and recorded in Volume 11, Page 36 of Cuyahoga County Map Records, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 008-03-031; Thence westerly along said easterly prolongation of said north line to its intersection with the westerly line thereof; Thence northeasterly along the northerly prolongation of said westerly line to it intersection with the westerly prolongation of the centerline of Mentor Avenue; Thence easterly along said prolongation to its intersection with the centerline of West 14th Street and the principal place of beginning, and shaded on the attached map is changed to an Urban Garden District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2228, Sheet No. 1, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

AREA TO BE REZONED COMMUNITY GARDEN Referred to Directors of City Planning Commission, Law; Committee on City Planning. 774 May 9, 2007 The City Record 11

Ord. No. 745-07. By Council Member Turner. An ordinance changing the Use District of property located on the south side of Seville Road from One Family to Semi-Industry (Map Change No. 2226, Sheet No. 10). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands bounded and described as follows: Beginning in the centerline of Seville Road east of Johnston Parkway at its intersection with the northerly prolongation of the westerly line of a parcel of land conveyed to Naomi Wadsworth by deed dated June 30th, 1994 and recorded in Cuyahoga County Auditor’s File Number V94464610014, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 142-20-002; Thence southerly along said northerly prolongation of said westerly line and along its southerly prolongation to its intersection with the southerly line of a parcel of land conveyed to the City of Cleveland’s Land Reutilization Program and recorded in Cuyahoga County Auditor’s File Number V94417180004, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 142-20-071; Thence easterly along said southerly line to its intersection with the easterly line thereof; Thence northerly along said easterly line and along its northerly prolongation to its intersection with the centerline of Seville Road; Thence westerly along said centerline to its intersection with the northerly prolongation of said westerly line of said parcel conveyed to Naomi Wadsworth and the principal place of beginning, and shaded on the attached map is changed to a Semi-Industry Use District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2226, Sheet No. 10, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Referred to Directors of City Planning Commission, Law; Committee on City Planning. 775 12 The City Record May 9, 2007

Ord. No. 746-07. By Council Member Sweeney. An ordinance changing the Use District of property located on the east side of Grayton Road north of Brookpark Road from a One Family Residential District to a Residence Office District (Map Change No. 2225, Sheet No. 13). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands bounded and described as follows: Beginning in the centerline of Grayton Road at its intersection with the westerly prolongation of the southerly line of a parcel of land conveyed to Kim C. Curtis by deed dated October 8, 1981 and recorded in Cuyahoga County’s Auditor’s File Number V81154900299, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 029-09-002; Thence easterly along said southerly line to its intersection with the easterly line thereof; Thence northeasterly along said easterly line to its intersection with the northerly line thereof; Thence westerly along said northerly line and along its westerly prolongation to its intersection with the cen- terline of Grayton Road; Thence southwesterly along said centerline to its intersection with the southerly line of said parcel so con- veyed and the principal place of beginning, and shaded on the attached map is changed to a Residence Office District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2225, Sheet No. 13, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Referred to Directors of City Planning Commission, Law; Committee on City Planning. 776 May 9, 2007 The City Record 13

FIRST READING EMERGENCY Section 8. That this ordinance is Section 1. That Council does here- ORDINANCE READ IN FULL declared to be an emergency mea- by record its objection to the trans- AND PASSED sure and, provided it receives the fer of ownership of a D5 Liquor affirmative vote of two-thirds of all Permit from Masich, Inc., 3655-57 Ord. No. 747-07. the members elected to Council, it Bosworth Road, 1st floor, Cleveland, By Council Member Brady. shall take effect and be in force Ohio 44111, Permanent Number An emergency ordinance authoriz- immediately upon its passage and 5604495 to Marjorie E. Frierson, DBA ing the Director of Community approval by the Mayor; otherwise it Bosworth Tavern, 3655-57 Bosworth Development to enter into contract shall take effect and be in force Road, 1st floor, Cleveland, Ohio with Friends of the Historic Variety from and after the earliest period 44111, Permanent Number 2932986; Theatre, Inc. to provide assistance allowed by law. and requests the Director of Liquor to partially finance project costs Motion to suspend rules. Charter Control to set a hearing for said associated with the acquisition, cap- and statutory provisions and place application in accordance with pro- ital reserves, and maintenance of on final passage. visions of Section 4303.26 of the property located at 11816-11824 The rules were suspended. Yeas Revised Code of Ohio. Lorain Avenue, and other associated 19. Nays 0. Read second time. Read Section 2. That the Clerk of Coun- costs necessary to redevelop the third time in full. Passed. Yeas 19. cil be and she is hereby directed to property and provide parking for Nays 0. transmit two certified copies of this the Variety Theatre. resolution, together with two copies Whereas, this ordinance consti- FIRST READING EMERGENCY of a letter of objection and two tutes an emergency measure provid- RESOLUTIONS READ IN FULL copies of a letter requesting that the ing for the usual daily operation of AND ADOPTED hearing be held in Cleveland, Cuya- a municipal department; now, there- hoga County. fore, Res. No. 749-07. Section 3. That this resolution is Be it ordained by the Council of By Council Member Brady. hereby declared to be an emergency the City of Cleveland: An emergency resolution object- measure and, provided it receives Section 1. That the Director of ing to the transfer of ownership of the affirmative vote of two-thirds of Community Development is autho- a D5 Liquor Permit to 3655-57 Bos- all the members elected to Council, rized to enter into contract with worth Road, 1st floor. it shall take effect and be in force Friends of the Historic Variety The- Whereas, Council has been noti- immediately upon its adoption and atre, Inc., a corporation for non-prof- fied by the Department of Liquor approval by the Mayor; otherwise, it it, to provide assistance to partially Control of an application for the shall take effect and be in force finance project costs associated with transfer of ownership of a D5 Liquor from and after the earliest period the acquisition, capital reserves, and Permit from Masich, Inc., 3655-57 allowed by law. maintenance of property located at Bosworth Road, 1st floor, Cleveland, Motion to suspend rules. Charter 11816-11824 Lorain Avenue, also Ohio 44111, Permanent Number and statutory provisions and place known as Permanent Parcel Nos. 5604495 to Marjorie E. Frierson, DBA on final adoption. 021-22-018 and 021-22-019, and other Bosworth Tavern, 3655-57 Bosworth The rules were suspended. Yeas associated costs necessary to rede- Road, 1st floor, Cleveland, Ohio 19. Nays 0. Read second time. Read velop the property and provide park- 44111, Permanent Number 2932986; third time in full. Adopted. Yeas 19. ing for the Variety Theatre. and Nays 0. Section 2. That the terms of the Whereas, the granting of this loan shall be according to the terms application for a liquor permit to Res. No. 750-07. set forth in the Summary contained this high crime area, which is By Council Members Cleveland, in File No. 747-07-A, made a part of already saturated with other liquor Pierce Scott, Turner, Zone, West- this ordinance as if fully rewritten, outlets, is contrary to the best inter- brook, Coats, Cummins, Brancatelli, as presented to the Finance Com- ests of the entire community; and Lewis, Cimperman, Conwell, Swee- mittee of this Council at the public Whereas, the applicant does not ney and Brady. hearing on this legislation, and are qualify to be a permit holder and/or An emergency resolution recog- approved in all respects and shall has demonstrated that he has oper- nizing that April 26, 2007 was Cleve- not be changed without additional ated his liquor business in disregard land Community Voice Mail Day and legislative authority. of the laws, regulations or local acknowledging the Cleveland Com- Section 3. That the costs of the ordinances of this state or any other munity Voice Mail staff that help contract shall not exceed $175,000 state; and provide a vital service to the home- and shall be paid from Fund No. 14 Whereas, the place for which the less in Cleveland SF 032, which funds are appropriat- permit is sought has not conformed Whereas, Cleveland’s homeless ed for this purpose, Request No. to the building, safety or health population surpasses 25,000 people 178605. requirements of the governing body over the course of a year, with over Section 4. That the Director of of this County or City; and 4,000 people homeless every night Community Development is autho- Whereas, the place for which the and 2,000 living in shelters; and rized to accept the collateral as set permit is sought is so arranged or Whereas, Cleveland’s homeless forth in the file referenced above in constructed that law enforcement population needs access to safe, order to secure repayment of the officers or agents of the Department affordable, decent housing and jobs loan. Any loan agreement, security of Liquor Control are prevented rea- that pay a living wage; and instrument, or other document shall sonable access to the establishment; Whereas, the Cleveland Communi- be prepared and approved by the and ty Voice Mail program provides a Director of Law. Whereas, the place for which the telephone number and message ser- Section 5. That the Director of permit is sought is so located with vice to those who are homeless and Community Development is autho- respect to the neighborhood that it those with very low incomes in rized to accept monies in repayment substantially interferes with public Cleveland, allowing those strug- of the loan and to deposit the decency, sobriety, peace or good gling to find housing to receive mes- monies in Fund No. 14. order; and sages from potential landlords, em- Section 6. That the Director of Whereas, this objection is based ployers and social service providers; Community Development is autho- on other legal grounds as set forth and rized to charge and accept fees in in Revised Code Section 4303.292; Whereas, Cleveland Community an amount not to exceed the maxi- and Voice Mail has a 70% success rate mum allowable fees under federal Whereas, this resolution consti- in linking people to employers, land- regulations and the fees are appro- tutes an emergency measure provid- lords and social service providers; priated to cover costs incurred in ing for the immediate preservation and the preparation of the loan applica- of the public peace, prosperity, safe- Whereas, Cleveland Community tion, closing and servicing of the ty and welfare pursuant to Section Voice Mail has been in operation for loan. The fees shall be deposited to 4303.26 of the Ohio Revised Code. the past 7 years and has served over and expended from Fund No. 14. Council’s objection to said permit 18,500 people by providing them Section 7. That the contract and must be received by the Director of safe, reliable access to messages; other appropriate documents needed Liquor Control within 30 days of and to complete the transaction autho- notification; now, therefore, Whereas, the Cleveland Communi- rized by this legislation shall be pre- Be it resolved by the Council of ty Voice Mail service has expanded pared by the Director of Law. the City of Cleveland: to Lorain County; currently over 60 777 14 The City Record May 9, 2007 agencies distribute Voice Mail boxes posal of Cleveland Housing Net- velopment to enter into an amend- in Cuyahoga and Lorain counties; work, Inc., Cleveland Green Homes ment of the agreement with the and LP I to the Ohio Housing Finance Cleveland Neighborhood Develop- Whereas, Cleveland Community Agency for the use of housing tax ment Coalition to provide financial Voice Mail won the Golden Phone credits for its Cleveland Green assistance for the administration Award in 2005 as the best voice mail Homes development. and staffing of the Cleveland Indus- system out of 37 voice mail pro- Section 2. That the Clerk of Coun- trial Retention Initiative authorized grams in the United States; and cil is hereby directed to transmit under Ordinance No. 1813-06, passed Whereas, this resolution consti- two certified copies of this resolu- November 20, 2006; and authorizing tutes an emergency measure for the tion to the Executive Director of the Director of Economic Develop- immediate preservation of public Cleveland Housing Network, Inc. ment to enter into a grant agree- peace, property, health or safety, Section 3. That this resolution is ment with the Westside Industrial now, therefore, hereby declared to be an emergency Retention and Expansion Network Be it resolved by the Council of measure and, provided it receives to provide financial assistance for the City of Cleveland: the affirmative vote of two-thirds of the administration and staffing of Section 1. That this Council here- all the members elected to Council, the Cleveland Industrial Retention by recognizes that April 26, 2006 it shall take effect and be in force Initiative. was Cleveland Community Voice immediately upon its adoption and Approved by Directors of Eco- Mail Day and acknowledges the approval by the Mayor; otherwise, it nomic Development, Finance, Law; Cleveland Community Voice Mail shall take effect and be in force Passage recommended by Commit- staff that help provide a vital ser- from and after the earliest period tees on Community and Economic vice to the homeless in Cleveland. allowed by law. Development, Finance. Section 2. That this resolution is Motion to suspend rules. Charter The rules were suspended. Yeas hereby declared to be an emergency and statutory provisions and place 19. Nays 0. Read second time. Read measure and, provided it receives on final adoption. third time in full. Passed. Yeas 19. the affirmative vote of two-thirds of The rules were suspended. Yeas Nays 0. all the members elected to Council, 19. Nays 0. Read second time. Read it shall take effect and be in force third time in full. Adopted. Yeas 19. Ord. No. 569-07. immediately upon its adoption and Nays 0. By Council Member Sweeney (by approval by the Mayor; otherwise, it departmental request). shall take effect and be in force Res. No. 752-07. An emergency ordinance authoriz- from and after the earliest period By Council Member Sweeney. ing payment of membership dues of allowed by law. An emergency resolution fixing the City of Cleveland in various pro- Motion to suspend rules. Charter the summer schedule of meetings of fessional organizations. and statutory provisions and place the Council of the City of Cleveland. Approved by Directors of Finance, on final adoption. Whereas, this resolution consti- Law; Passage recommended by Com- The rules were suspended. Yeas tutes an emergency measure for the mittee on Finance; when amended as 19. Nays 0. Read second time. Read immediate preservation of public follows: third time in full. Adopted. Yeas 19. peace, property, health or safety, 1. In Section 1, line 2, after “be Nays 0. now, therefore, made to” insert “the Greater Cleve- Be it resolved by the Council of land International Trade Alliance,”. Res. No. 751-07. the City of Cleveland: 2. In Section 2, line 2, after “Fund By Council Member Pierce Scott Section 1. That the schedule of Nos.” insert “01-999800-624800,”. and Cummins. meetings during the summer months Amendments agreed to. An emergency resolution declar- of the Council of the City of Cleve- The rules were suspended. Yeas ing this Council’s support of the pro- land is hereby fixed as follows: 19. Nays 0. Read second time. Read posal of Cleveland Housing Net- third time in full. Passed. Yeas 19. work, Inc., Cleveland Green Homes July 11, 2007 Nays 0. LP I to the Ohio Housing Finance August 8, 2007 In compliance with Section 33 of Agency for the use of housing tax the Charter, a copy of the legisla- credits for its Cleveland Green A notice identifying the time of tion was furnished to each member Homes development. the meeting as well as a schedule of Council before final passage. Whereas, each year the Ohio of committee meetings, if any, to be Housing Finance Agency allocates held prior to the meeting shall be Ord. No. 570-07. housing credits for affordable hous- prepared by the Clerk prior to each By Council Member Sweeney (by ing developments throughout Ohio of the above meeting dates. The departmental request). using a competitive proposal Council will resume regular session An emergency ordinance author- process; and at 7:00 p.m. on Monday, September izing the purchase by one or more Whereas, Cleveland Housing Net- 10, 2007. requirement contracts of various work, Inc., Cleveland Green Homes Section 2. That this resolution is laboratory, medical, pharmaceutical LP I is proposing to develop 60 hereby declared to be an emergency supplies and equipment, and nursing housing units on scattered sites measure and, provided it receives supplies for the various divisions of throughout the City of Cleveland the affirmative vote of two-thirds of City government. with a special emphasis on the East all the members elected to Council, Approved by Directors of Finance, submarket as defined by Ohio Hous- it shall take effect and be in force Law; Passage recommended by Com- ing Finance Agency; and immediately upon its adoption and mittee on Finance. Whereas, 100% of these homes are approval by the Mayor; otherwise, it The rules were suspended. Yeas affordable and no housing units are shall take effect and be in force 19. Nays 0. Read second time. Read market rate; and from and after the earliest period third time in full. Passed. Yeas 19. Whereas, the proposed develop- allowed by law. Nays 0. ment does not serve a special needs Motion to suspend rules. Charter population; and and statutory provisions and place Ord. No. 571-07. Whereas, Cleveland City Council on final adoption. By Council Member Sweeney (by supports the Cleveland Housing Net- The rules were suspended. Yeas departmental request). work, Inc., Cleveland Green Homes 19. Nays 0. Read second time. Read An emergency ordinance author- LP I proposal for affordable hous- third time in full. Adopted. Yeas 19. izing the purchase by one or more ing for the benefit the citizens of Nays 0. requirement contracts of welding the City of Cleveland; and equipment, supplies, and materials Whereas, this resolution consti- SECOND READING EMERGENCY for the various divisions of City tutes an emergency measure for the ORDINANCES PASSED government. immediate preservation of public Approved by Directors of Finance, peace, property, health or safety, Ord. No. 537-07. Law; Passage recommended by Com- now, therefore, By Council Members Pierce Scott mittee on Finance. Be it resolved by the Council of and Sweeney (by departmental re- The rules were suspended. Yeas the City of Cleveland: quest). 19. Nays 0. Read second time. Read Section 1. That this Council here- An emergency ordinance authoriz- third time in full. Passed. Yeas 19. by declares its support of the pro- ing the Director of Economic De- Nays 0. 778 May 9, 2007 The City Record 15

Ord. No. 636-07. understanding with various City of BOARD OF CONTROL By Council Member Sweeney (by Cleveland departments to implement departmental request). the City’s community development An emergency ordinance authoriz- programs; and to expend funds for May 2, 2007 ing the purchase by one or more the operation of programs adminis- requirement contracts of paper and tered by the Department of Commu- The regular meeting of the Board envelopes, for the Division of Print- nity Development. of Control convened in the Mayor’s ing and Reproduction, Department Approved by Directors of Commu- office on Wednesday, May 2, 2007, at of Finance. nity Development, Finance, Law; 10:30 a.m. with Mayor Jackson pre- Approved by Directors of Finance, Passage recommended by Commit- siding. Law; Passage recommended by Com- tees on Community and Economic Present: Mayor Jackson, Acting mittee on Finance. Development, Finance. Director Langhenry, Director Dumas, The rules were suspended. Yeas The rules were suspended. Yeas Acting Director Nelson, Director 19. Nays 0. Read second time. Read 19. Nays 0. Read second time. Read Smith, Acting Director Scott, Direc- third time in full. Passed. Yeas 19. third time in full. Passed. Yeas 19. tors Carroll, Flask, Cox, Acting Nays 0. Nays 0. Director Wilbur, Directors Hutchin- son, Reilly, Fumich, Guzman and Ord. No. 647-07. Ord. No. 654-07. Rybka. By Council Members Cleveland, By Council Members Pierce Scott Absent: None. Pierce Scott and Sweeney (by de- and Sweeney (by departmental re- Others: Jim Hardy, Commissioner, partmental request). quest). Purchases and Supplies. Debra Linn Talley, Director, Office An emergency ordinance to amend An emergency ordinance authoriz- of Equal Opportunity. Sections 1, 2, and 3 of Ordinance No. ing the Director of Community De- On motions, the following resolu- 1664-05, passed September 12, 2005 to velopment to enter into one or more tions were adopted, except as may apply for and accept funding from contracts with Cleveland Action to be otherwise noted: the Cuyahoga County Redevelop- Support Housing, Inc. (CASH) for ment Fund to partially finance the administrative costs to implement Resolution No. 202-07. demolition and environmental reme- housing rehabilitation, new housing By Director Ciaccia. diation of the Nurses Building and construction and commercial rede- Be it resolved by the Board of Con- the Main Hospital Building on the velopment loan programs. trol of the City of Cleveland that St. Michael’s Hospital site located at Approved by Directors of Commu- under the authority of Ordinance No. 5163 Broadway Avenue. nity Development, Finance, Law; 1025-05, passed by the Council of the Approved by Directors of Commu- Passage recommended by Commit- City of Cleveland on August 3, 2005, nity Development, Finance, Law; tees on Community and Economic Development, Finance. Brown & Caldwell Ohio LLC is Passage recommended by Commit- selected from a list of firms deter- tees on Community and Economic The rules were suspended. Yeas 19. Nays 0. Read second time. Read mined after a full and complete can- Development, Finance; when amend- vass by the Director of Public Utili- ed as follows: third time in full. Passed. Yeas 19. Nays 0. ties as the firm to be employed by 1. In Section 1, at amended Section contract to provide professional con- 3, line 2, strike “1664-05-B” and insert Ord. No. 655-07. sulting services necessary to assist “1664-05-C”. By Council Members Pierce Scott CWD in preparing for upcoming Amendment agreed to. and Sweeney (by departmental re- drinking water regulations, enhance The rules were suspended. Yeas quest). water quality operations, and assist 19. Nays 0. Read second time. Read An emergency ordinance authoriz- with other water quality initiatives. third time in full. Passed. Yeas 19. ing the Director of Community Tasks may include services as oper- Nays 0. Development to enter into contracts ations assistance, specialized labora- In compliance with Section 33 of with one or more non-profit agencies tory analysis, water quality data the Charter, a copy of the legisla- to operate a community garden pro- review and analysis, Partnership for tion was furnished to each member gram. Safe Water assistance, Ohio Environ- of Council before final passage. Approved by Directors of Commu- mental Protection Agency Continu- nity Development, Finance, Law; ing Education for operators, plan Ord. No. 652-07. Passage recommended by Commit- review, water quality planning, pro- By Council Members Pierce Scott tees on Community and Economic ject monitoring, preparation of re- and Sweeney (by departmental re- Development, Finance. ports for water regulatory agencies, quest). The rules were suspended. Yeas and specialized technical assistance An emergency ordinance appro- 19. Nays 0. Read second time. Read related to water quality issues, for a priating Community Development third time in full. Passed. Yeas 19. period not exceeding two years, for Block Grant and NEF Administra- Nays 0. the various Divisions of the Depart- tive Cost funds for administrative ment of Public Utilities. expenses of the Department of Com- MOTION Be it further resolved that the munity Development; authorizing Director of Public Utilities is autho- the director to enter into one or By Council Member Santiago, sec- rized to enter into a contract with more contracts with various agen- onded by Council Member Cimper- Brown & Caldwell Ohio LLC based cies and entities for activities relat- man, and unanimously carried that upon its proposal dated February 23, ing to promoting housing events; the absence of Council Members 2007, which contract shall be pre- and authorizing the director to enter Patricia J. Britt and Nina Turner be pared by the Director of Law, shall into one or more contracts with and is hereby authorized. provide for furnishing of profession- Executive Information Systems, LLC MOTION al services described in the proposal, for SAS software maintenance, for a for an aggregate fee not exceeding period not to exceed one year. The Council Meeting adjourned at $299,055.00, and shall contain such Approved by Directors of Commu- 7:48 p.m. to meet at 7:00 p.m. on Mon- additional provisions as the Director nity Development, Finance, Law; day, May 14, 2007 at Josaphat of Law deems necessary to protect Passage recommended by Commit- Arts/Covivium 33 Gallery, located at and benefit the public interest. tees on Community and Economic 1433 East 33rd Street in Ward 13. Be it further resolved that the Development, Finance. employment of the following sub- The rules were suspended. Yeas contractors by Brown & Caldwell 19. Nays 0. Read second time. Read Ohio LLC for the above-mentioned third time in full. Passed. Yeas 19. professional services is approved: Nays 0. SUBCONTRACTOR WORK Ord. No. 653-07. PERCENTAGE By Council Members Pierce Scott and Sweeney (by departmental re- Tucker Young Jackson quest). City Clerk, Clerk of Council Tull, Inc. (MBE) $45,000.00 An emergency ordinance authoriz- 15.05% ing the Director of Community Development to enter into or amend THE CALENDAR Water Resources & Coastal contracts with various social service Engineering, Inc.(FBE) $15,000.00 agencies, community development or The following measures will be on 5.02% local development corporations and their final passage at the next meet- private for profit entities; to enter ing: HDR, Inc. $30,000.00 into or amend memorandums of NONE 10.03% 779 16 The City Record May 9, 2007

Yeas: Mayor Jackson, Acting Resolution No. 205-07. basis of the estimated quantity Director Langhenry, Director Dumas, By Director Ciaccia. would amount to $3,631,902.00 (0%), Acting Director Nelson, Director Be it resolved by the Board of is affirmed and approved as the low- Smith, Acting Director Scott, Direc- Control of the City of Cleveland that est and best bid, and the Director of tors Carroll, Flask, Cox, Acting the bid of Utilicon Corp. for an esti- Public Utilities is requested to enter Director Wilbur, Directors Hutchin- mated quantity of labor and materi- into a requirement contract for the son, Reilly, Fumich, Guzman and als necessary to repair or replace labor and materials, which shall pro- Rybka. water mains, fire hydrants, valves, vide for the immediate purchase as Nays: None. service connections and appurte- the initial amount of the contract of Absent: None. nances – Area D, all items, for the the following: Division of Water, Department of Resolution No. 203-07. Public Utilities, for a period of one Requisition No. 173637 By Director Ciaccia. year starting upon the later of exe- which shall be certified against the Be it resolved by the Board of cution of the contract or the day fol- contract in the sum of $500,000.00. Control of the City of Cleveland that lowing expiration of the currently The requirement contract shall fur- the employment of the following effective contract for the labor and ther provide that the Contractor will subcontractor by DLZ Ohio, Inc. materials, received on March 9, 2007, furnish the remainder of the require- under Contract No. 64518 for profes- under the authority of Ordinance No. ment for the labor and materials, sional services to provide engineer- 1018-05, passed August 3, 2005, which whether more or less than the esti- ing, design, water quality assess- on the basis of the estimated quan- mated quantity, as may be ordered ments and analysis, environmental, tity would amount to $2,778,661.00 under subsequent requisitions sepa- rately certified against the contract. safety, forensic, and other services (0%), is affirmed and approved as Be it further resolved by the Board needed, for the Division of Water, the lowest and best bid, and the of Control of the City of Cleveland Department of Public Utilities, is Director of Public Utilities is re- that the employment of the follow- approved: quested to enter into a requirement contract for the labor and materials, ing subcontractors by Terrace Con- struction Company, Inc. for the above- Subcontractor Work which shall provide for the immedi- mentioned service is approved: Percentage ate purchase as the initial amount of the contract of the following: SUBCONTRACTOR WORK RNR Consulting (MBE) $269,700.00 Requisition No. 173638 PERCENTAGE 9.52% which shall be certified against the contract in the sum of $500,000.00. Rockport Construction & Yeas: Mayor Jackson, Acting The requirement contract shall Materials, Inc. (FBE) $182,000.00 Director Langhenry, Director Dumas, further provide that the Contractor 5.01% Acting Director Nelson, Director will furnish the remainder of the Smith, Acting Director Scott, Direc- requirement for the labor and mate- The Vallejo Co. Inc. tors Carroll, Flask, Cox, Acting rials, whether more or less than the (MBE) $545,000.00 Director Wilbur, Directors Hutchin- estimated quantity, as may be 15.01% son, Reilly, Fumich, Guzman and ordered under subsequent requisi- Corlett Trenching and Rybka. tions separately certified against Plumbing (MBE) $182,000.00 Nays: None. the contract. 5.01% Absent: None. Be it further resolved by the Board of Control of the City of Cleveland Resolution No. 204-07. Yeas: Mayor Jackson, Acting that the employment of the follow- Director Langhenry, Director Dumas, By Director Ciaccia. ing subcontractors by Utilicon Corp. Whereas, under Board of Control Acting Director Nelson, Director for the above-mentioned service is Smith, Acting Director Scott, Direc- Resolution No. 587-05, adopted on approved: October 19, 2005, the City of Cleveland tors Carroll, Flask, Cox, Acting Director Wilbur, Directors Hutchin- entered into City Contract No. 65205 SUBCONTRACTOR WORK son, Reilly, Fumich, Guzman and with CalciQuest, Inc. for an estimat- PERCENTAGE ed quantity of corrosion control chem- Rybka. ical for the Division of Water, Dan-Ray Construction, Nays: None. Department of Public Utilities; and LLC (MBE) $417,000.00 Absent: None. Whereas, by its letter, Carus Phos- 15.01% Resolution No. 207-07. phates, Inc., informed the City that By Director Smith. on December 11, 2006, it acquired Elite Contracting & Be it resolved by the Board of CalciQuest, Inc.; and will honor the Construction Company Control of the City of Cleveland, bid price of $.18 per pound until (FBE) $139,000.00 that under Section 571.88 of the Codi- December 26, 2007 and all other 5.00% fied Ordinances of Cleveland, Ohio, terms and conditions that the City 1976, the schedule of fees that the previously agreed upon with Calci- Yeas: Mayor Jackson, Acting Director of Port Control proposes to Quest, Inc. under City Contract No. Director Langhenry, Director Dumas, Acting Director Nelson, Director assess and collect from parties for 65205; now, therefore, Smith, Acting Director Scott, Direc- use and rental of meeting room Be it resolved by the Board of tors Carroll, Flask, Cox, Acting space at Cleveland Hopkins Inter- Control of the City of Cleveland, Director Wilbur, Directors Hutchin- national Airport; excepting those that this Board acknowledges and son, Reilly, Fumich, Guzman and parties that Section 571.88 permits to consents to the assignment of City Rybka. be excepted, is set as follows: Contract No. 65205 from CalciQuest, Nays: None. Inc. to Carus Phosphates, Inc. Absent: None. Location and square footage: Be it further resolved that the Director of Public Utilities is autho- Resolution No. 206-07. Cleveland Hopkins rized to execute any documents nec- By Director Ciaccia. International Airport essary to effect and recognize the Be it resolved by the Board of consent to the assignment of City Control of the City of Cleveland that Event Charges Contract No. 65205 authorized above. the bid of Terrace Construction (Not to Exceed) A copy of the consent to assignment Company, Inc. for an estimated and the assignment of Contract No. quantity of labor and materials nec- 1-500 square feet 65205 shall be filed with the origi- essary to repair or replace water meeting room $ 150.00 per day nal contract in the custody of the mains, fire hydrants, valves, service $75.00 per 1/2 day Commissioner of Accounts. connections and appurtenances – $ 25.00 per hour Yeas: Mayor Jackson, Acting Area C, all items, for the Division Director Langhenry, Director Dumas, of Water, Department of Public Util- 501-1,000 square feet Acting Director Nelson, Director ities, for a period of one year start- meeting room $ 200.00 per day Smith, Acting Director Scott, Direc- ing upon the later of execution of $100.00 per 1/2 day tors Carroll, Flask, Cox, Acting the contract or the day following $ 30.00 per hour Director Wilbur, Directors Hutchin- expiration of the currently effective son, Reilly, Fumich, Guzman and contract for the labor and materials, Over 1,001 square feet Rybka. received on March 9, 2007, under the meeting room $ 350.00 per day Nays: None. authority of Ordinance No. 1018-05, $175.00 per 1/2 day Absent: None. passed August 3, 2005, which on the $ 50.00 per hour 780 May 9, 2007 The City Record 17

Be it further resolved that the Resolution No. 210-07. ment of the following subcontrac- schedule of rates set above shall be By Director Wasik. tors by The Jands Co., is approved: effective for a one year period from Be it resolved by the Board of and after April 30, 2007. Control of the City of Cleveland, Subcontractor MBE/FBE Yeas: Mayor Jackson, Acting that the bid of Terrace Construction Amount Director Langhenry, Director Dumas, Company Inc., for the public improve- Acting Director Nelson, Director ment of the Kamm’s Streetscape Pro Construction 30% MBE Smith, Acting Director Scott, Direc- Underground Ducts, Phase 1, for the $6,000.00 tors Carroll, Flask, Cox, Acting Division of Engineering and Con- Director Wilbur, Directors Hutchin- struction, Department of Public Ser- Multiple Services 10% FBE son, Reilly, Fumich, Guzman and vice, received on March 29, 2007, $2,000.00 Rybka. under the authority of Ordinance No. Nays: None. 985-06, passed by the Cleveland City Yeas: Mayor Jackson, Acting Absent: None. Council on June 12, 2006, upon a unit Director Langhenry, Director Dumas, basis for the improvement, in the Acting Director Nelson, Director Resolution No. 208-07. aggregate amount of $2,755,606.25 Smith, Acting Director Scott, Direc- By Director Smith. for Item Nos. 1 - 83 is affirmed and tors Carroll, Flask, Cox, Acting Be it resolved by the Board of approved as the lowest responsible Director Wilbur, Directors Hutchin- Control of the City of Cleveland, bid, and the Director of Public Ser- son, Reilly, Fumich, Guzman and that under Section 571.88 of the Codi- vice is authorized to enter into con- Rybka. fied Ordinances of Cleveland, Ohio, tract for the improvement with the Nays: None. 1976, the schedule of fees that the bidder. Absent: None. Director of Port Control proposes to Be it further resolved that the assess and collect from parties for employment of the following sub- Resolution No. 212-07. use and rental of meeting room contractors by Terrace Construction By Director Cox. space at Burke Lakefront Airport, Company Inc. for the above-men- Whereas, Ordinance No. 1271-04, excepting those patties that Section tioned public improvement is ap- passed by the Council of the City of 571.88 permits to be excepted, is set proved: Cleveland on August 11, 2004 and as follows: Board of Control Resolution No. 339- The Vallejo Co. 05, adopted June 22, 2005, authorized Location: (MBE) — $414,000.00 — (15.02%) the Director of Parks, Recreation Event Charges and Properties to enter into a three- (Not to Exceed) Rockport Construction year Concession Agreement with (FBE) — $138,000.00 — (5.01%) Innovative Foods, Inc. (“Concession- BURKE LAKEFRONT AIRPORT aire”) for the operation of food and Yeas: Mayor Jackson, Acting beverage concession stands at Main Lobby/West Director Langhenry, Director Dumas, Brookside and Gordon Parks for a Concourse $1,000.00 per day Acting Director Nelson, Director concession fee of the greater of Smith, Acting Director Scott, Direc- $4,000.00 per year or 5% of gross Second floor banquet tors Carroll, Flask, Cox, Acting profits for Brookside Park and the room $ 700.00 per day Director Wilbur, Directors Hutchin- greater of $2,000.00 per year or 5% son, Reilly, Fumich, Guzman and of the gross profits for Gordon Park; Small Conference Rybka. and room $ 200.00 per day Nays: None. Whereas, the City of Cleveland $100.00 per half day Absent: None. and Concessionaire wish to modify the minimum yearly concession fee Large Conference Resolution No. 211-07. commensurate with the prospective room $ 250.00 per day By Director Carroll. food and beverage concession sales $150.00 per half day Resolved, by the Board of Control opportunities at Gordon and Brook- of the City of Cleveland that the bid side Parks to ensure continued Be it further resolved that the of The Jands Co. for snow and ice firstclass food and beverage ser- schedule of rates set above shall be removal at the Miles-Broadway vice to the public through the term effective for a one year period from Health Center (9127 Miles Ave.), of the agreement; now, therefore, and after April 30, 2007. McCafferty Health Center (4242 Be it resolved, by the Board of Yeas: Mayor Jackson, Acting Lorain Ave.), and the J. Glen Smith Control of the City of Cleveland Director Langhenry, Director Dumas, Health Center (11100 St. Clair Ave.), that the Director of Parks, Recre- Acting Director Nelson, Director all items, for the Division of Health, ation and Properties is authorized Smith, Acting Director Scott, Direc- Department of Public Health, for the to enter into a first modification to tors Carroll, Flask, Cox, Acting period beginning November 1, 2007 the Concession Agreement with Director Wilbur, Directors Hutchin- and ending April 30, 2008, received Innovative Foods, Inc. for the oper- son, Reilly, Fumich, Guzman and on February 15, 2007, under the ation of the food and beverage con- Rybka. authority of Ordinance No. 2012-06, cession stands at Gordon and Nays: None. passed on December 11, 2006, which Brookside Parks to change the con- Absent: None. on the basis of the estimated quan- cession fee stated in Board of Con- tity would amount to $20,000, is trol Resolution No. 339-05, adopted Resolution No. 209-07. affirmed and approved as the low- June 22, 2005, to the greater of By Director Smith. Resolved, by the Board of Control est and best bid, and the Director of $2,500.00 per year or 5% of gross of the City of Cleveland that all bids Public Health is requested to enter profits for Brookside Park and the received for the public improvement into a requirement contract for such greater of $1,500.00 per year or 5% of constructing taxiway, ramp and labor and materials necessary, of the gross profits for Gordon runway improvements at Cleveland which shall provide for the immedi- Park, effective upon execution of Hopkins International Airport for ate purchase as the initial amount the modification. The modification the Department of Port Control, of the contract of the following: authorized above shall be prepared received on June 14, 2006, under the by the Director of Law and shall authority of Ordinance No. 2376-02, Requisition No. 174315 include such additional provisions passed by the Council of the City of which shall be certified against the as the Director of Law deems nec- Cleveland on March 10, 2003, be and contract in the sum of $20,000.00. essary to benefit and protect the the same are rejected. The requirement contract shall public interest. Yeas: Mayor Jackson, Acting further provide that the Contractor Yeas: Mayor Jackson, Acting Director Langhenry, Director Dumas, shall furnish the remainder of the Director Langhenry, Director Dumas, Acting Director Nelson, Director City’s requirements for such labor Acting Director Nelson, Director Smith, Acting Director Scott, Direc- and materials, whether more or less Smith, Acting Director Scott, Direc- tors Carroll, Flask, Cox, Acting than the estimated quantity, as may tors Carroll, Flask, Cox, Acting Director Wilbur, Directors Hutchin- be ordered under subsequent requi- Director Wilbur, Directors Hutchin- son, Reilly, Fumich, Guzman and sitions separately certified against son, Reilly, Fumich, Guzman and Rybka. the contract. Rybka. Nays: None. Be it further resolved by the Nays: None. Absent: None. Board of Control that the employ- Absent: None. 781 18 The City Record May 9, 2007

Resolution No. 213-07. market value of the parcel for uses under the authority of Ordinance No. By Director Rush. according to the Land Reutilization 449-07 passed April 23, 2007, by the Whereas, under the authority of Program. Cleveland City Council, the Mayor is Ordinance No. 2076-76 passed October Yeas: Mayor Jackson, Acting authorized to execute an official 25, 1976, the City is conducting a Director Langhenry, Director Dumas, deed for and on behalf of the City Land Reutilization Program accord- Acting Director Nelson, Director of Cleveland with Cleveland Hous- ing to the provisions of Chapter 5722 Smith, Acting Director Scott, Direc- ing Network, Inc. for the sale and of the Ohio Revised Code; and tors Carroll, Flask, Cox, Acting development of Permanent Parcel Whereas, City has acquired Per- Director Wilbur, Directors Hutchin- No. 125-25-005, as described in the manent Parcel No. 137-11-046, located son, Reilly, Fumich, Guzman and Ordinance according to the Land at East 131st Street under the Land Rybka. Reutilization Program in such man- Reutilization Program; and Nays: None. ner as best carries out the intent of Whereas, Ordinance No. 297-07 Absent: None. the program. passed April 16, 2007, authorized the Be it further resolved that the con- sale of the parcel for a considera- Resolution No. 215-07. sideration for the parcel shall be tion established by the Board of By Director Rush. $100.00, which amount is determined Control at not less than the Fair Whereas, under the authority of to be not less than the fair market Market Value; and Ordinance No. 2076-76 passed October value of the parcel for uses accord- Whereas, Ralph D. Cowan has pro- 25, 1976, the City is conducting a ing to the Land Reutilization Pro- posed to the City to purchase and Land Reutilization Program accord- gram. develop the parcel; now, therefore, ing to the provisions of Chapter 5722 Yeas: Mayor Jackson, Acting Be it resolved by the Board of of the Ohio Revised Code; and Director Langhenry, Director Dumas, Control of the City of Cleveland that Whereas, City has acquired Per- Acting Director Nelson, Director under the authority of Ordinance No. manent Parcel Nos. 126-38-009, 126-38- Smith, Acting Director Scott, Direc- 297-07 passed April 16, 2007, by the 010, 126-38-011, 126-38-019, located at tors Carroll, Flask, Cox, Acting Cleveland City Council, the Mayor is Manor Avenue under the Land Re- Director Wilbur, Directors Hutchin- authorized to execute an official utilization Program; and son, Reilly, Fumich, Guzman and deed for and on behalf of the City Whereas, Ordinance No. 849-05 Rybka. of Cleveland with Ralph D. Cowan passed June 6, 2005, authorized the Nays: None. for the sale and development of Per- sale of the parcels for a considera- Absent: None. manent Parcel No. 137-11-046, as tion established by the Board of described in the Ordinance accord- Control at not less than the Fair Resolution No. 217-07. ing to the Land Reutilization Pro- Market Value; and By Director Rush. gram in such manner as best carries Whereas, Cleveland Screw Prod- Whereas, under the authority of out the intent of the program. ucts, Inc. has proposed to the City Ordinance No. 2076-76 passed October Be it further resolved that the con- to purchase and develop the parcels; 25, 1976, the City is conducting a sideration for the parcel shall be now, therefore, Land Reutilization Program accord- $1,400.00, which amount is deter- Be it resolved by the Board of ing to the provisions of Chapter 5722 mined to be not less than the fair Control of the City of Cleveland that of the Ohio Revised Code; and market value of the parcel for uses under the authority of Ordinance No. Whereas, City has acquired Per- according to the Land Reutilization 849-05 passed June 6, 2005, by the manent Parcel No. 115-26-153, located Program. Cleveland City Council, the Mayor is at Alhambra Road under the Land Yeas: Mayor Jackson, Acting authorized to execute an official Reutilization Program; and Director Langhenry, Director Dumas, deed for and on behalf of the City Whereas, Ordinance No. 450-07 Acting Director Nelson, Director of Cleveland with Cleveland Screw passed April 23, 2007, authorized the Smith, Acting Director Scott, Direc- Products, Inc. for the sale and devel- sale of the parcel for a considera- tors Carroll, Flask, Cox, Acting opment of Permanent Parcel Nos. tion established by the Board of Director Wilbur, Directors Hutchin- 126-38-009, 126-38-010, 126-38-011, 126- Control at not less than the Fair son, Reilly, Fumich, Guzman and 38-019, as described in the Ordinance Market Value; and Rybka. according to the Land Reutilization Whereas, Cresthaven Development, Nays: None. Program in such manner as best car- Inc. has proposed to the City to pur- Absent: None. ries out the intent of the program. chase and develop the parcel; now, Be it further resolved that the con- therefore, Resolution No. 214-07. sideration for the parcels shall be Be it resolved by the Board of By Director Rush. $4,500.00, which amount is deter- Control of the City of Cleveland that Whereas, under the authority of mined to be not less than the fair under the authority of Ordinance No. Ordinance No. 2076-76 passed October market value of the parcels for uses 450-07 passed April 23, 2007, by the 25, 1976, the City is conducting a according to the Land Reutilization Cleveland City Council, the Mayor is Land Reutilization Program accord- Program. authorized to execute an official ing to the provisions of Chapter 5722 Yeas: Mayor Jackson, Acting deed for and on behalf of the City of the Ohio Revised Code; and Director Langhenry, Director Dumas, of Cleveland with Cresthaven Devel- Whereas, City has acquired Per- Acting Director Nelson, Director opment, Inc. for the sale and devel- manent Parcel No. 106-08-022, located Smith, Acting Director Scott, Direc- opment of Permanent Parcel No. 115- at East 65th Street under the Land tors Carroll, Flask, Cox, Acting 26-153, as described in the Ordinance Reutilization Program; and Director Wilbur, Directors Hutchin- according to the Land Reutilization Whereas, Ordinance No. 1637-06 son, Reilly, Fumich, Guzman and Program in such manner as best car- passed November 20, 2006, autho- Rybka. ries out the intent of the program. rized the sale of the parcel for a Nays: None. Be it further resolved that the con- consideration established by the Absent: None. sideration for the parcel shall be Board of Control at not less than the $100.00, which amount is determined Fair Market Value; and Resolution No. 216-07. to be not less than the fair market Whereas, Johann Wheeler and By Director Rush. value of the parcel for uses accord- Evelyn Wheeler have proposed to Whereas, under the authority of ing to the Land Reutilization Pro- the City to purchase and develop the Ordinance No. 2076-76 passed October gram. parcel; now, therefore, 25, 1976, the City is conducting a Yeas: Mayor Jackson, Acting Be it resolved by the Board of Land Reutilization Program accord- Director Langhenry, Director Dumas, Control of the City of Cleveland ing to the provisions of Chapter 5722 Acting Director Nelson, Director that under the authority of Ordi- of the Ohio Revised Code; and Smith, Acting Director Scott, Direc- nance No. 1637-06 passed November Whereas, City has acquired Per- tors Carroll, Flask, Cox, Acting 20, 2006, by the Cleveland City manent Parcel No. 125-25-005, located Director Wilbur, Directors Hutchin- Council, the Mayor is authorized to at East 55th and Lufkin Avenue son, Reilly, Fumich, Guzman and execute an official deed for and on under the Land Reutilization Pro- Rybka. behalf of the City of Cleveland gram; and Nays: None. with Johann Wheeler and Evelyn Whereas, Ordinance No. 449-07 Absent: None. Wheeler for the sale and develop- passed April 23, 2007, authorized the ment of Permanent Parcel No. 106- sale of the parcel for a considera- Resolution No. 218-07. 08-022, as described in the Ordi- tion established by the Board of By Director Rush. nance according to the Land Reuti- Control at not less than the Fair Whereas, under Ordinance No. lization Program in such manner Market Value; and 2076-76 passed October 25, 1976, the as best carries out the intent of the Whereas, Cleveland Housing Net- City is conducting a Land Reutiliza- program. work, Inc. has proposed to the City tion Program (“Program”) according Be it further resolved that the con- to purchase and develop the parcel; to the provisions of Chapter 5722 of sideration for the parcel shall be now, therefore, the Ohio Revised Code; and $3,200.00, which amount is deter- Be it resolved by the Board of Whereas, under the Program, the mined to be not less than the fair Control of the City of Cleveland that City has acquired Permanent Parcel 782 May 9, 2007 The City Record 19

No. 019-13-094 located at Emery sion has graded the papers. There- dwelling to a use for a child board- Avenue in Ward 19; and after, eligible lists will be estab- ing home, situated on a 45' x 150' Whereas, Section 183.021 of the lished which will consist of the parcel, located in a Multi-Family Codified Ordinances of Cleveland, names of those candidates who have District on the south side of Haw- Ohio 1976 authorizes the Commis- been successful in all parts of the thorne Avenue at 5918 Hawthorne sioner of Purchases and Supplies, examination. Avenue; as proposed the use is adja- when directed by the Director of cent to a residence district and is Community Development and when PHYSICAL EXAMINATION: All required to be 15' from an adjoin- certain specified conditions have candidates for original entrance po- ing residence district not used for a been met, to sell Land Reutilization sitions who are successful in other similar purpose; no legal parking Program parcels to adjacent or abut- parts of the examinations must sub- spaces are shown on the plan and ting landowners; and mit to a physical examination. four spaces are required, one per Whereas, Mabel Holivay, abut- each six beds and one per each staff ting/adjacent landowner, has pro- REYNALDO GALINDO, member, according to Section posed to the City to purchase and President 349.04(c) of the Codified Ordinances. develop the parcel; and Whereas, the following conditions Secretary exist: SCHEDULE OF THE BOARD 1. The member of Council from OF ZONING APPEALS Ward 19 has consented to the pro- REPORT OF THE BOARD posed sale; OF ZONING APPEALS 2. The parcel is either less than MONDAY, MAY 21, 2007 4,800 square feet or less than 40 feet frontage; 9:30 A.M. 3. The proposed purchaser of the MONDAY, MAY 7, 2007 parcel is neither tax delinquent nor Calendar No. 07-48: 3420 East 93rd in violation of the Building and Street (Ward 5) At the meeting of the Board of Housing Code; now, therefore, 3420 East 93rd Street Company, Zoning Appeals on Monday, May 7, Be it resolved by the Board of owner, and David Tryon, agent, 2007, the following appeals were appeal to construct a 60 unit apart- Control of the City of Cleveland that heard by the Board. ment building, proposed to be situ- under Section 183.021 of Codified ated on an irregular shaped acreage Ordinances of Cleveland, Ohio 1976, The following appeals were Ap- parcel located between East 93rd proved: the Commissioner of Purchases and Street and East 88th Street in split Supplies is authorized, when direct- zoning between a General Retail Calendar No. 07-45: 4315 West 140th ed by the Director of Community District and a Two-Family District Street Development, and the Mayor is re- at 3420 East 93rd Street; the pro- The Cleveland Municipal School Dis- quested to execute an Official Deed posed multiple dwelling unit build- trict appealed to construct a two- for and on behalf of the City of ing being subject to the limitations story Kindergarten through Eighth Cleveland, with Mabel Holivay for of Section 337.03 and not permitted Grade public school building in split the sale and development of Perma- in a Two-Family District but first zoning between One and Two-Fami- nent Parcel No. 019-13-094 located at permitted in a Multi-Family District ly residential districts; subject to Emery Avenue, according to the as stated in Section 337.08 of the condition. Land Reutilization Program in such Codified Ordinances. manner as best carries out the Calendar No. 07-46: 4550 West 150th intent of the program. Calendar No. 07-58: 3920 Lee Road Street Be it further resolved that the con- (Ward 1) The Cleveland Municipal School Dis- sideration for said parcel shall be John Barnes, Jr., owner, appeals trict appealed to construct a two- $1.00, which amount is determined to to erect a 2nd and 3rd floors addi- story Kindergarten through Eighth be not less than the Fair Market tion to an existing one-story build- Grade public school building in a value of said parcel for uses accord- ing, situated on a 38' x 125.59' par- Two-Family District; subject to con- ing to the Program. cel located in a Local Retail Busi- dition. Yeas: Mayor Jackson, Acting ness District on the west side of Lee Director Langhenry, Director Dumas, Road at 3902 Lee Road; subject to Calendar No. 07-47: 7600 Wade Park Acting Director Nelson, Director Section 357.07(a) there is a 10' spe- Avenue Smith, Acting Director Scott, Direc- cific setback required from Lee The Cleveland Municipal School Dis- tors Carroll, Flask, Cox, Acting Road; and the expansion of an exist- trict appealed to construct a two- Director Wilbur, Directors Hutchin- ing nonconforming use requires the story Kindergarten through Eighth son, Reilly, Fumich, Guzman and Board of Zoning Appeals approval, Grade public school building in split Rybka. according to the provisions of Sec- zoning between General Retail and Nays: None. tion 359.01 of the Codified Ordi- Multi-Family Districts; subject to Absent: None. nances. condition. JEFFREY B. MARKS, Calendar No. 07-59: 1954 East 124th Calendar No. 07-56: 3800 West 140th Secretary Street (Ward 6) Street Alan Swick, owner, appeals to The Cleveland Municipal School Dis- erect a 16' x 22' two-story frame trict appealed to construct a Kinder- CIVIL SERVICE NOTICES room addition to an existing single garten through Eighth Grade public ______family residence, situated on a 35' school building in an One-Family x 100' parcel located in a C1 Multi- District. Family District on the west side of General Information East 124th Place at 1954 East 124th The following appeal was Denied: Place; contrary to Section 359.09, a Application blanks and informa- distance of 4'6" is provided where Calendar No. 07-35: 1370 West 89th tion, regarding minimum entrance no building shall be erected less Street qualifications, scope of examination, than 10' from a main building on an Algart Realty appealed to con- and suggested reference materials adjoining lot; and a 120' area of struct a parking lot in a Multi-Fam- may be obtained at the office of the interior side yard is provided where ily District. Civil Service Commission, Room 119, 672' is required for a Multi-Family City Hall, East 6th Street, and Lake- District, calculated by multiplying The following appeal was With- side Avenue. one-half the building height by the drawn: Application blanks must be prop- building length, according to the erly filled out on the official form provisions of Section 357.09(2)C, and Calendar No. 07-49: 9606 Empire Ave- prescribed by the Civil Service Com- the expansion of a nonconforming nue mission and filed at the office of the building requires Board of Zoning Clifton Dove appealed to enclose commission not later than the final Appeals approval as stated in Sec- an existing front porch of a one closing date slated in the examina- tion 359.01 of the Codified Ordi- family dwelling in an A1 One-Fam- tion announcement. nances. ily District.

EXAMINATION RESULTS: Each Calendar No. 07-60: 5918 Hawthorne The following appeal was Dis- applicant whether passing or failing Avenue (Ward 5) missed: will be notified of the results of the Monique Williams, owner, appeals examination as soon as the commis- to change use of a 2 1/2-story frame None. 783 20 The City Record May 9, 2007

The following appeal was Post- Docket A-24-07. Codified Ordinances of the City of poned: RE: Appeal of Polster Family Cleveland and the Ohio Building Trust, Etc., Owner of the Two Story Code (OBC). None. Masonry Multi-Family Property locat- BE IT RESOLVED, a motion is in ed on the premises known as 8610 order at this time to grant the In Executive Session on May 7, Franklin Avenue (aka 8611 Detroit Appellant six (6) months in which 2007, the following appeals heard by Avenue) from a 30 DAY CONDEM- to abate the violations the property the Board on April 30, 2007 were NATION ORDER of the Director of is REMANDED at this time to the ratified by the Board. the Department of Building and Department of Building and Hous- Housing, dated January 24, 2007, ing for supervision and any required The following appeals were Ap- requiring compliance with the Codi- further action. Motion so in order. proved: fied Ordinances of the City of Cleve- Motioned by Mr. Bradley and sec- land and the Ohio Building Code onded by Mr. Gallagher. Calendar No. 07-41: 2314 West 6th (OBC). Yeas: Messrs. Denk, Saunders, Gal- Street Docket A-24-07 has been POST- lagher, Saab, Bradley. Nays: None. Sammy Ross Catania appealed to PONED; to be rescheduled for May erect a 15' x 20' one-story frame 16, 2007. * * * garage addition to a single family dwelling in a B1 Multi-Family Dis- * * * Docket A-40-07. trict. RE: Appeal of Garlin Rudolph, Docket A-36-07. Owner of the One Dwelling Unit Calendar No. 07-43: 3181 West 41st RE: Appeal of Marianne Jarosiak, Two Story Frame Single Family Street Owner of the One Dwelling Unit Residential Property located on the The Catholic Diocese of Cleveland Single Family Residential Property premises known as 4618 East 147th and St. Procop Church appealed to located on the premises known as Street from a 14 DAY CONDEMNA- install an industrialized trailer for 18901 Shawnee Avenue from a TION ORDER — MS of the Director food distribution on church property NOTICE OF VIOLATION — EXTE- of the Department of Building and located in split zoning between RIOR MAINTENANCE of the Direc- Housing, dated February 22, 2007, Multi-Family and Two-Family Dis- tor of the Department of Building requiring compliance with the Codi- tricts. and Housing, dated February 7, fied Ordinances of the City of Cleve- 2006, requiring compliance with the land and the Ohio Building Code The following appeal was Denied: Codified Ordinances of the City of (OBC). Cleveland and the Ohio Building BE IT RESOLVED, a motion is in Calendar No. 07-38: 7807 Cedar Ave- Code (OBC). order at this time to REMAND the nue BE IT RESOLVED, a motion is in property at 4618 East 147th Street to Dionne Carmichael appealed to order at this time to grant the the Department of Building and change use from a dwelling unit to Appellant until June 1st, 2007 in Housing for supervision and any independent housing for ex-offend- which to remove all cars, except the required further action. Motion so in ers in a Local Retail Business Dis- minivan, and until July 1st, 2007 in order. Motioned by Mr. Bradley and trict. which to abate all the violations and seconded by Mr. Saab. including licensing or removing the Yeas: Messrs. Denk, Saunders, Gal- Secretary minivan; the property is REMAND- lagher, Saab, Bradley. Nays: None. ED at this time to the Department of Building and Housing for super- * * * REPORT OF THE BOARD vision and any required further action. Motion so in order. Motioned Docket A-44-07. OF BUILDING STANDARDS by Mr. Gallagher and seconded by RE: Appeal of GMC Mortgage Cor- AND BUILDING APPEALS Mr. Bradley. poration, Mortgagee of the One Yeas: Messrs. Denk, Saunders, Gal- Dwelling Unit Two Story Wood lagher, Saab, Bradley. Nays: None. Frame/Siding/Masonry Veneer Sin- gle Family Residential Property Re: Report of the Meeting of * * * located on the premises known as May 2, 2007 2093 West 73rd Street from a 30 DAY Docket A-37-07. CONDEMNATION ORDER — MS of As required by the provisions of RE: Appeal of Jack Weingold, the Director of the Department of Section 3103.20(2) of the Codified Owner of the One Story Masonry Building and Housing, dated March Ordinances of the City of Cleveland, general Industry located on the 3, 2007, requiring compliance with Ohio 1976, the following brief of premises known as 9525 Woodland the Codified Ordinances of the City action of the subject meeting is Avenue from a NOTICE OF VIOLA- of Cleveland and the Ohio Building given for publication in The City TION — UNAUTHORIZED USE of Code (OBC). Record: the Director of the Department of BE IT RESOLVED, a motion is in Building and Housing, dated Janu- order at this time to DENY the * * * ary 31, 2007, requiring compliance Appellant’s request for additional with the Codified Ordinances of the time and to REMAND the property Docket A-15-07. City of Cleveland and the Ohio at 2093 West 73rd Street to the RE: Appeal of Associated Estates Building Code (OBC). Department of Building and Hous- Management Company, Owner of the BE IT RESOLVED, a motion is in ing for supervision and any required Sign (Euclid Beach Arch) located on order at this time to REMAND the further action. Motion so in order. the premises known as 16001 Lake- property at 9525 Woodland Avenue Motioned by Mr. Bradley and sec- shore Boulevard from a NOTICE OF to the Department of Building and onded by Mr. Gallagher. VIOLATION — HAZARDOUS STRUC- Housing for supervision and any Yeas: Messrs. Denk, Saunders, Gal- TURE of the Director of the Depart- required further action. Motion so in lagher, Saab, Bradley. Nays: None. ment of Building and Housing, order. Motioned by Mr. Saunders and dated January 11, 2007, requiring seconded by Mr. Saab. * * * compliance with the Codified Ordi- Yeas: Messrs. Denk, Saunders, Gal- nances of the City of Cleveland and lagher, Saab, Bradley. Nays: None. Docket A-49-07. the Ohio Building Code (OBC). RE: Appeal of John Katsaros, BE IT RESOLVED, a motion is in * * * Owner of the Property located on order at this time to grant the Ap- the premises known as 1870 West pellant an additional forty-five (45) Docket A-38-07. 25th Street from an ADJUDICATION days in which to complete abate- RE: Appeal of Danford K. Jones, ORDER of the Director of the ment of the violations; the property Owner of the Two Dwelling Units Department of Building and Hous- is REMANDED at this time to the Two-Family Residential Property ing, dated April 2, 2007, requiring Department of Building and Hous- located on the premises known as compliance with the Codified Ordi- ing for supervision and required fur- 532 East 107th Street from a nances of the City of Cleveland and ther action. Motion so in order. NOTICE OF VIOLATION — EXTE- the Ohio Building Code (OBC). Motioned by Mr. Bradley and sec- RIOR MAINTENANCE of the Direc- BE IT RESOLVED, a motion is onded by Mr. Saunders. tor of the Department of Building in order at this to DENY the Yeas: Messrs. Denk, Saunders, Gal- and Housing, dated January 29, request for a variance and to not lagher, Saab, Bradley. Nays: None. 2007, requiring compliance with the permit the building to be con- 784 May 9, 2007 The City Record 21 structed without compliance with PUBLIC NOTICE side of East 33rd Street north of the current code, the property is Perkins Avenue from Multi-Family REMANDED at this time to the Residential to Residence Industry Department of Building and Hous- COUNCIL MEETING District (Map Change No. 2216 Sheet ing for supervision and any MAY 14, 2007 No. 5). required further action. Motion so in order. Motioned by Mr. Gallagher Notice is hereby given that the Ord. No. 299-07. and seconded by Mr. Saab. Council of the City of Cleveland will By Council Member Cimperman. hold its regular meeting on Monday, Yeas: Messrs. Denk, Saunders, Gal- An ordinance to change the zon- May 14, 2007 at 7:00 p.m. at Josaphat lagher, Saab, Bradley. Nays: None. ing of property located between Arts Hall/Covivium 33 Gallery, 1433 East 41st Street and East 43rd Street East 33rd Street, Cleveland, Ohio. * * * south of Superior from Two-Family Residential to Semi-Industry (Map Emily Lipovan, Docket A-50-07. Change No. 2218 Sheet No. 4). RE: Appeal of John Katsaros, Clerk of Council _____ Owner of the Property located on Ord. No. 300-07. May 9, 2007 the premises known as 11633 Clifton By Council Member Reed. Boulevard from an ADJUDICATION An ordinance to change the zon- ORDER of the Director of the NOTICE OF PUBLIC HEARING ing of property located on the south- Department of Building and Hous- west corner of Kinsman Road and ______ing, dated April 2, 2007, requiring East 123rd Street from RA-2 to Local compliance with the Codified Ordi- Notice of Public Hearing Retail Business and a ‘C’ Area Dis- nances of the City of Cleveland and By the Council Committee trict (Map Change No. 2215 Sheet No. the Ohio Building Code (OBC). On City Planning 10). No action this date, the docket will be rescheduled by May 16, 2007. Mercedes Cotner Ord. No. 301-07. Committee Room 217 By Council Member Zone. * * * City Hall, Cleveland, Ohio An ordinance to change the zon- On Wednesday, May 30, 2007 ing of property located on the north- Docket A-54-07. 1:00 p.m. west and southwest corners of RE: Appeal of 1717 East 9th Street Father Caruso at West 65th Street LLC, Owner of the Property located Notice is hereby given to all and at West 67th Street to Two on the premises known as 1717 East interested property owners that the Family Residential and a ‘1’ Height 9th Street from an ADJUDICATION Council Committee on City Plan- District(Map Change No. 2217 Sheet ORDER of the Director of the ning will hold a public hearing in No. 1). Department of Building and Hous- the Mercedes Cotner Committee ing, dated April 26, 2007, requiring Room 217, City Hall, Cleveland, Ord. No. 415-07. compliance with the Codified Ordi- Ohio, on Wednesday, May 30, 2007, By Council Member Britt. nances of the City of Cleveland and at 1:00 p.m., to consider the follow- An ordinance to change the Use the Ohio Building Code (OBC). ing ordinances now pending in the District of a parcel of land located No action this date, the docket Council: on the northeast corner of East will be rescheduled by May 16, 2007. 105th Street and Norman Avenue Ord. No. 69-07. from a Local Retail Business Dis- * * * By Council Member Lewis. trict to a General Retail Business An ordinance changing the zoning District (Map Change Number 2220, APPROVAL OF RESOLUTIONS: of land on the north side of Chester Sheet 9). Separate motions were entered by Avenue between East 90th Street Mr. Saab and seconded by Mr. Gal- and East 97th Street from a Multi- Ord. No. 498-07. lagher for Approval and Adoption Family Residential Use District to By Council Member Polensek. of the Resolutions as presented by Local Retail Business, a General An ordinance establishing a the Secretary for the following Retail Business District and a ‘3’ Pedestrian Retail Overlay (PRO) Dockets respectively, subject to the Height District (Map Change No. District along East 185th Street Codified Ordinances of the City of 2206; Sheet No. 5). between Lake Shore Boulevard and Cleveland and the Ohio Building Waterloo Road (Map Change No. Code (OBC): Ord. No. 70-07. 2221, Sheet No. 7). By Council Member Reed. A-13-07—William E. Bienias. An ordinance to change the Use Ord. No. 499-07. A-16-07—Mario A. Houston. District of land on the east and west By Council Member Polensek. A-17-07—Mario A. Houston. sides of East 152nd Street north of An ordinance establishing a A-33-07—Leslie M. Vannorsdall. Kinsman Road from a Two Family Pedestrian Retail Overlay (PRO) Residential District to a Residence A-34-07—Angela Bennett. District on lands fronting on Water- Office District (Map Change No. A-35-07—Third Federal Savings. loo Road and East 156th Street 2210; Sheet No. 10). A-46-07—C.W.R.U. bounded by Huntmere Avenue to the A-48-07—C.W.R.U. north, East 152nd Street to the west Ord. No. 71-07. and E. 163rd Street to the east (Map By Council Member Zone. Yeas: Messrs. Denk, Saunders, Gal- Change No. 2222, Sheet No. 7). An ordinance to change the lagher, Saab, Bradley. Nays: None. Height District of land on the north Ord. No. 544-07. side of Detroit Avenue between By Council Member Zone. * * * West 65th Street to West 67th Street An ordinance changing the Use from a ‘1’ or a ‘2’ Height District to Districts of parcels on the northeast APPROVAL OF MINUTES: a ‘3’ Height District (Map Change corner or West 65th Street and Separate motions were entered by No. 2209; Sheet No. 1). Mr. Saab and seconded by Mr. Franklin Avenue from a Two Fam- Bradley for Approval and Adoption Ord. No. 145-07. ily District to Local Retail Business of the Minutes as presented by the By Council Member Polensek. District. (Map Change Number 2223, Secretary, subject to the Codified An ordinance to change the Use Sheet 1) Ordinances of the City of Cleveland District of property located on the and the Ohio Building Code (OBC): northeast corner of East 185th Street All interested persons are urged and Neff Road from Local Retail to be present or to be represented at April 18, 2007 Business District to an RA2 Town- the above time and place. house District (Map Change No. Yeas: Messrs. Denk, Saunders, Gal- 2212; Sheet No.7). Joseph C. Cimperman lagher, Saab, Bradley. Nays: None. Chairman Ord. No. 298-07. Committee on City Planning * * * By Council Member Cimperman. _____ An ordinance to change the zon- May 9, 2007, May 16, 2007 and May 23, Secretary ing of property located on the west 2007 785 22 The City Record May 9, 2007

CITY OF CLEVELAND BIDS FRIDAY, MAY 25, 2007 FRIDAY, MAY 25, 2007

Purchase of Motorcycle Parts and 2007 Summer Food Program, for the For All Departments Labor, for the Division of Motor Division of Recreation, Department Vehicle Maintenance, Department of Parks, Recreation and Proper- ties, as authorized by Ordinance Sealed bids will be received at the of Public Service, as authorized by No. 253-07, passed by the Council office of the Commissioner of Pur- Ordinance No. 501-06, passed by of the City of Cleveland, April 2, chases and Supplies, Room 128, City the Council of the City of Cleve- 2007. Hall, in accordance with the append- land, May 1, 2006. THERE WILL BE A NON-MANDA- ed schedule, and will be opened and THERE WILL BE A NON-MAN- DATORY PRE-BID MEETING TORY PRE-BID MEETING, MON- read in Room 128, City Hall, imme- DAY, MAY 21, 2007 AT 10:00 A.M., diately thereafter. MONDAY, MAY 14, 2007 AT 10:00 A.M., DIVISION OF MOTOR VEHI- DIVISION OF RECREATION, CON- Each bid must be made in accor- FERENCE ROOM, 601 LAKESIDE CLE MAINTENANCE, BUILDING dance with the specifications and AVENUE, CLEVELAND, OHIO 44114. must be submitted on the blanks #1, 4150 EAST 49TH STREET, CLEVELAND, OHIO 44105. supplied for the purpose, all of Rental of Large 17 Ton Capacity which may be obtained at the office Trucks with Operators, for the of the said Commissioner of Pur- May 2, 2007 and May 9, 2007 Division of Streets, Department of chases and Supplies, but no bid will Public Service, as authorized by be considered unless delivered to WEDNESDAY, MAY 30, 2007 Ordinance No. 198-07, passed by the office of the said commissioner the Council of the City of Cleve- previous to 12:00 noon (Eastern Various Laboratory, Medical, Phar- land, March 5, 2007. Standard Time) on the date speci- THERE WILL BE A NON-MANDA- fied in the schedule. maceutical Supplies and Equip- ment and Nursing Supplies, for TORY PRE-BID MEETING, MON- 187.10 Negotiated contracts; Notice DAY, MAY 21, 2007 AT 10:00 A.M., required in Advertisement for Bids. the Various Divisions of City Government, Department of Finance, DIVISION OF STREETS, CON- Where invitations for bids are FERENCE ROOM #26, 601 LAKE- advertised, the following notice as authorized by Ordinance No. 570-07, passed by the Council of SIDE AVENUE, CLEVELAND, shall be included in the advertise- OHIO 44114. ment: “Pursuant to the MBE/FBE the City of Cleveland, pending. THERE WILL BE A NON-MANDA- Code, each prime bidder, each minor- Purchase of Various Case and Gradall TORY PRE-BID MEETING, MON- ity business enterprise (“MBE”) and Construction Equipment Parts and DAY, MAY 14, 2007 AT 10:00 A.M., each female business enterprise Labor, for the Division of Motor CLEVELAND EMS HEADQUAR- (“FBE”) must be certified before Vehicle Maintenance, Department TERS, CONFERENCE ROOM, 1701 doing business with the City. There- of Public Service, as authorized by fore, any prime contractor wishing LAKESIDE AVENUE, CLEVE- Ordinance No. 501-06, passed by to receive credit for using an MBE LAND, OHIO 44114. the Council of the City of Cleve- or FBE should ensure that applica- land, May 1, 2006. tions for certification as to MBE or May 2, 2007 and May 9, 2007 THERE WILL BE A NON-MAN- FBE status compliance with the DATORY PRE-BID MEETING Code, affirmative action in employ- THURSDAY, MAY 24, 2007 MONDAY, MAY 21, 2007 AT 10:30 ment and, if applicable, joint ven- A.M., DIVISION OF MOTOR VEHI- ture status, are submitted to the Of- New Air Quality Monitoring Facility, CLE MAINTENANCE, BUILDING fice of Equal Opportunity (“OEO”) for the Division of Architecture, #1, 4150 EAST 49TH STREET, CLEVELAND, OHIO 44105. prior to the date of bid opening or Department of Public Service, as submission of proposals or as speci- authorized by Ordinance No. 1870- fied by the Director. Failure to com- 06, passed by the Council of the May 9, 2007 and May 16, 2007 ply with the business enterprise City of Cleveland, November 27, code or with representations made 2006. WEDNESDAY, MAY 30, 2007 on these forms may result in can- THERE WILL BE A REFUNDABLE Improvements to Harvard Yards Ser- cellation of the contract or other FEE FOR PLANS/SPECIFICA- civil or criminal penalties.” vice Facility for the Division of TIONS IN THE AMOUNT OF Motor Vehicle Maintenance, for the FIFTY DOLLARS ($50.00) IN FRIDAY, MAY 18, 2007 Division of Motor Vehicle Mainte- THE FORM OF A CASHIER’S nance, Department of Public Ser- CHECK AND/OR MONEY OR- Electrical Parts and Equipment, In- vice, as authorized by Ordinance DER. (NO COMPANY CHECKS cluding Labor, Materials and In- No. 692-06, passed by the Council stallation, for the Various Divi- AND NO CASH WILL BE of the City of Cleveland, June 12, sions of the Department of Port ACCEPTED). 2006. Control, as authorized by Ordi- THERE WILL BE A NON-MAN- THERE WILL BE A REFUNDABLE nance No. 191-07, passed by the DATORY PRE-BID MEETING FEE FOR PLANS/SPECIFICA- Council of the City of Cleveland, WEDNESDAY, MAY 16, 2007 AT TIONS IN THE AMOUNT OF March 12, 2007. 2:00 P.M., CLEVELAND CITY FIFTY DOLLARS ($50.00) IN THERE WILL BE A NON-MANDA- HALL, DIVISION OF ARCHITEC- THE FORM OF A CASHIER’S TORY PRE-BID MEETING FRI- TURE, ROOM #517, 601 LAKE- CHECK AND/OR MONEY OR- DAY, MAY 11, 2007 AT 10:00 A.M., SIDE AVENUE, CLEVELAND, DER. (NO COMPANY CHECKS CLEVELAND HOPKINS INTER- OHIO 44114. AND NO CASH WILL BE NATIONAL AIRPORT, CENTRAL ACCEPTED). RECEIVING BUILDING, 19451 West 160th Street Sanitary Sewer THERE WILL BE A NON-MAN- FIVE POINTS ROAD, CLEVE- Replacement Project, for the Divi- DATORY PRE-BID MEETING LAND, OHIO 44135. sion of Water Pollution Control, THURSDAY, MAY 24, 2007 AT 10:00 Department of Public Utilities, as A.M., HARVARD YARDS, DIVI- Property Insurance for Cleveland authorized by Ordinance No. 873- SION OF MOTOR VEHICLE MAIN- Browns Stadium, for the Division of 06, passed by the Council of the TENANCE, BUILDING #1, 4150 Convention Center and Stadium, City of Cleveland, July 12, 2006. EAST 49TH STREET, CLEVE- Department of Parks, Recreation THERE WILL BE A REFUNDABLE LAND, OHIO 44105. and Properties, as authorized by FEE FOR PLANS/SPECIFICA- TIONS IN THE AMOUNT OF Various Fuel Dispensing System Main- Ordinance No. 445-07, passed by tenance and Repair, for the Divi- FIFTY DOLLARS ($50.00) IN the Council of the City of Cleve- sion of Motor Vehicle Maintenance, THE FORM OF A CASHIER’S land, April 2, 2007. Department of Public Service, as THERE WILL BE A NON-MAN- CHECK AND/OR MONEY OR- authorized by Ordinance No. 501-06, DATORY PRE-BID MEETING DER. (NO COMPANY CHECKS passed by the Council of the City TUESDAY, MAY 15, 2007 AT 10:30 AND NO CASH WILL BE of Cleveland, May 1, 2006. A.M., DIVISION OF PURCHASES ACCEPTED). THERE WILL BE A NON-MAN- AND SUPPLIES, ROOM 128, 601 THERE WILL BE A NON-MAN- DATORY PRE-BID MEETING LAKESIDE AVENUE, CLEVE- DATORY PRE-BID MEETING TUESDAY, MAY 22, 2007 AT 10:00 LAND, OHIO 44114. FRIDAY, MAY 18, 2007 AT 10:00 A.M., HARVARD YARDS, DIVI- THERE WILL BE A NON-MAN- A.M., DIVISION OF WATER POL- SION OF MOTOR VEHICLE DATORY SITE VISIT AFTER LUTION CONTROL, 12302 KIRBY MAINTENANCE, BUILDING #1, THE PRE-BID MEETING TUES- AVENUE, CLEVELAND, OHIO 4150 EAST 49TH STREET, DAY, MAY 15, 2007. 44108. CLEVELAND, OHIO 44105.

May 2, 2007 and May 9, 2007 May 9, 2007 and May 16, 2007 May 9, 2007 and May 16, 2007 786 May 9, 2007 The City Record 23

Certified MBEs and FBE Reporting Period: January-March, 2007

Pursuant to Chapter 187 of the Codified Ordinances of the City of Cleveland, Ohio, listed below are the firms that have been certified as Minority Business Enterprises (MBEs) and Female Business Enterprises (FBEs) by the Mayor’s Office of Equal Opportunity during the period of January-March, 2007.

Company MBE/FBE Certdate Description

Bonnie E. Smith, Architect FBE 02-Jan-07 Architectural, planning & programming services for civic, school, residential, & restoration projects. Use AutoCad & MASTERSPEC systems. Design Room dba Design Room Creative FBE 31-Jan-07 Graphic design firm. Services include logo and identity creation; digital media design; strategic campaign development; advertising; packaging; signage; copywriting; and illustration. Heatherlily, Inc. FBE 18-Jan-07 Custom floral & event design firm: weddings; corporate functions; non-profit events. Provide fresh flowers, chair covers, table linens. Time Line Photography FBE 16-Feb-07 Construction Photography: photos & videos; pre- construction, progress, & completed work. Royal Landscape & Gardening FBE 26-Feb-07 Exterior landscaping: irrigation; pavers; retaining walls; excavation; masonry; concrete; fence and guard rail. Warren Chaney Office Furniture FBE 23-Mar-07 Sales of office furniture and related services. Move management. Artcomm Construction MBE 06-Feb-07 Provide construction labor for commercial construction projects specializing in plumbing. Champion Clinical MBE 26-Mar-07 Drug, alcohol and DNA testing, background finger printing and phlebotomy services. Floors by RJ Enterprises MBE 29-Mar-07 Flooring contractors specializing in ceramic tile, tile, vinyl, wood flooring, plush carpeting, laminate. J.A. Easterling MBE 21-Feb-07 Masonry contractor specializing in installation of concrete and brick for new construction and rehabilitation including various construction projects. Moody-Nolan, Inc. MBE 19-Jan-07 Architectural firm providing full service architecture, civil engineering, interior architecture/design. New Generation Painters MBE 19-Mar-07 Interior / Exterior commercial and residential painting, decorating and rehab. Roma Design, LLC MBE 01-Mar-07 Specializing in the installment, repair & stripping of poured-in-place reinforced concrete. Installation & repair of divider walls, rails, sound barrier walls, guard rails. Saunders & Sons Painting Co. LLC MBE 12-Jan-07 General contractor specializing in commercial & property management, residential painting, staining, minor drywall repair, exterior power washing, gutter cleaning interior/exterior masonry painting, specialty coatings. United Cab Company MBE 28-Feb-07 Taxi services. Wilberto Reyes MBE 20-Mar-07 General contractor: concrete, installation of window siding, carpentry, masonry, and roofing installation. Yesmar, LLC dba Furniture Medic by Ramsey MBE 28-Feb-07 On-site repair, refinishing, restoration of furniture.

MBEs/FBEs DELETED FROM OEO’S DATABASE Reporting Period: January-March, 2007

The attached firms, that were previously certified as a MBE and/or FBE have been dropped from the MBE/FBE database. The firms listed were sent at least two (2) letters and elected not to re-certify for various reasons, including going out of business and changes in geographic location.

MBE/FBE Company

FBE Summit Drilling FBE Crosby O’ Brien & Associates FBE SKM Creations FBE LMR Construction MBE Sierra Lobo

Denials of Certification – Reporting period January-March, 2007

Pursuant to Chapter 187 of the Codified Ordinances of the City of Cleveland and its amendment, Ordinance No. 1186-92, which was passed by City Council on Monday, June 15, 1992, attached is a listing of firms that have applied for certification and were denied. However, these firms are not prohibited from doing business as prime contractors with the City of Cleveland. Denials were based upon the purported owner’s inability to clearly define that they were bona fide minority and/or female owned and controlled firms, or they applied for certification and were out of the geographic area that met the requirements of the MBE/FBE Ordinances and the Regulations that govern the MBE/FBE certification status, or they failed to respond to OEO’s written requests for additional information in order to process the file.

MBE/FBE Company

MBE North Coast Roofing MBE Innovative Architectural MBE MPS Group, Inc. MBE Organic Way MBE Washington Enterprises 787 24 The City Record May 9, 2007

ADOPTED RESOLUTIONS Number 2596014; and requests the Res. No. 708-07. Director of Liquor Control to set a By Council Member Cimperman. AND ORDINANCES hearing for said application in An emergency resolution with- accordance with provisions of Sec- drawing objection to the renewal of tion 4303.26 of the Revised Code of a D5 Liquor Permit at 3146 West Ohio. 14th Street, and repealing Resolu- Res. No. 706-07. Section 2. That the Clerk of Coun- tion No. 1551-05, objecting to said By Council Member Zone. cil be and she is hereby directed to renewal. An emergency resolution object- transmit two certified copies of this Whereas, this Council objected to ing to the transfer of ownership of resolution, together with two copies a D5 Liquor Permit to 3146 West a C1 Liquor Permit to 3224 West of a letter of objection and two 14th Street by Resolution No. 1551-05 73rd Street, 1st floor and basement. copies of a letter requesting that the adopted by the Council on August 3, Whereas, Council has been noti- hearing be held in Cleveland, Cuya- 2005; and fied by the Department of Liquor hoga County. Whereas, this Council wishes to Control of an application for the Section 3. That this resolution is withdraw its objection to the above transfer of ownership of a C1 Liquor hereby declared to be an emergency renewal and consents to said renew- Permit from Hanan Shihadeh, 3224 measure and, provided it receives al; and West 73rd Street, 1st floor and base- the affirmative vote of two-thirds of Whereas, this resolution consti- ment, Cleveland, Ohio 44102, Perma- all the members elected to Council, tutes an emergency measure provid- nent Number 8087286 to Sam Express it shall take effect and be in force ing for the usual daily operation of Beverage, LLC, 3224 West 73rd immediately upon its adoption and a municipal department; now, there- Street, 1st floor and basement only, approval by the Mayor; otherwise, it fore, Cleveland, Ohio 44102, Permanent shall take effect and be in force Be it resolved by the Council of Number 2596014; and from and after the earliest period the City of Cleveland: Whereas, the granting of this allowed by law. Section 1. That objection to a D5 application for a liquor permit to Adopted April 30, 2007. Liquor Permit to Molnar Entertain- this high crime area, which is Effective May 3, 2007. ment Corporation, 3146 West 14th already saturated with other liquor Street, Cleveland, Ohio 44109, Per- outlets, is contrary to the best inter- manent Number 6094234 be and the ests of the entire community; and same is hereby withdrawn and Res- olution No. 1551-05, containing such Whereas, the applicant does not Res. No. 707-07. objection, be and the same is here- qualify to be a permit holder and/or By Council Member Brady. by repealed and that this Council has demonstrated that he has oper- An emergency resolution with- consents to the immediate renewal ated his liquor business in disregard drawing objection to the transfer of thereof. of the laws, regulations or local ownership of a C1, C2 and D6 Liquor Section 2. That this resolution is ordinances of this state or any other Permit at 13501-05 Lakewood hereby declared to be an emergency state; and Heights Boulevard, and repealing measure and, provided it receives Whereas, the place for which the Resolution No. 144-07, objecting to the affirmative vote of two-thirds of permit is sought has not conformed said transfer. all the members elected to Council, to the building, safety or health Whereas, this Council objected to it shall take effect and be in force requirements of the governing body the transfer of ownership of a C1, immediately upon its adoption and of this County or City; and C2 and D6 Liquor Permit to 13501-05 Whereas, the place for which the approval by the Mayor; otherwise, it Lakewood Heights Boulevard by shall take effect and be in force permit is sought is so arranged or Resolution No. 144-07 adopted by the constructed that law enforcement from and after the earliest period Council on January 29, 2007; and allowed by law. officers or agents of the Department Whereas, this Council wishes to Adopted April 30, 2007. of Liquor Control are prevented rea- withdraw its objection to the above Effective May 3, 2007. sonable access to the establishment; transfer and consents to said trans- and fer; and Whereas, the place for which the Whereas, this resolution consti- permit is sought is so located with tutes an emergency measure provid- Res. No. 709-07. respect to the neighborhood that it ing for the usual daily operation of By Council Member Cleveland. substantially interferes with public a municipal department; now, there- An emergency resolution with- decency, sobriety, peace or good fore, drawing objection to the renewal of order; and Be it resolved by the Council of a C1, C2 and D6 Liquor Permit at Whereas, this objection is based the City of Cleveland: 7028 Cedar Avenue, and repealing on other legal grounds as set forth Section 1. That objection to the Resolution No. 1304-06, objecting to in Revised Code Section 4303.292; transfer of ownership of a C1, C2 said renewal. and and D6 Liquor Permit to Kishen, Whereas, this Council objected to Whereas, this resolution consti- Inc., DBA Stop-n-Save, 13501-05 Lake- a C1, C2 and D6 Liquor Permit to tutes an emergency measure pro- wood Heights Boulevard, Cleve- Jamie Clay, DBA People’s Variety, viding for the immediate preserva- land, Ohio 44107, Permanent Num- 7028 Cedar Avenue, Cleveland, Ohio tion of the public peace, prosperi- ber 4678478 be and the same is 44103, Permanent Number 1531971 by ty, safety and welfare pursuant to hereby withdrawn and Resolution Resolution No. 1304-06 adopted by Section 4303.26 of the Ohio Revised No. 144-07, containing such objec- the Council on August 9, 2006; and Code. Council’s objection to said tion, be and the same is hereby Whereas, this Council wishes to permit must be received by the repealed and that this Council con- withdraw its objection to the above Director of Liquor Control within sents to the immediate transfer renewal and consents to said renew- 30 days of notification; now, there- thereof. al; and fore, Section 2. That this resolution is Whereas, this resolution consti- Be it resolved by the Council of hereby declared to be an emergency tutes an emergency measure provid- the City of Cleveland: measure and provided it receives the ing for the usual daily operation of Section 1. That Council does here- affirmative vote of two-thirds of all a municipal department; now, there- by record its objection to the trans- the members elected to Council, it fore, fer of ownership of a C1 Liquor Per- shall take effect and be in force Be it resolved by the Council of mit from Hanan Shihadeh, 3224 immediately upon its adoption and the City of Cleveland: West 73rd Street, 1st floor and base- approval by the Mayor; otherwise, it Section 1. That objection to a C1, ment, Cleveland, Ohio 44102, Perma- shall take effect and be in force C2 and D6 Liquor Permit to Jamie nent Number 8087286 to Sam Express from and after the earliest period Clay, DBA People’s Variety, 7028 Beverage, LLC, 3224 West 73rd allowed by law. Cedar Avenue, Cleveland, Ohio Street, 1st floor and basement only, Adopted April 30, 2007. 44103, Permanent Number 1531971 be Cleveland, Ohio 44102, Permanent Effective May 3, 2007. and the same is hereby withdrawn 788 May 9, 2007 The City Record 25 and Resolution No. 1304-06, contain- Be it resolved by the Council of chases, and may enter into one or ing such objection, be and the same the City of Cleveland: more contracts with the vendors is hereby repealed and that this Section 1. That the Council of the selected through that cooperative Council consents to the immediate City of Cleveland shall hold its reg- process. renewal thereof. ular meeting on Monday, May 14, Section 4. That the cost of the Section 2. That this resolution is 2007 at Josaphat Arts Hall/Covivium improvement authorized shall be hereby declared to be an emergency 33 Gallery, 1433 East 33rd Street at paid from Fund No. 01-701207-661200, measure and, provided it receives 7:00 pm. Request No. 164146. the affirmative vote of two-thirds of Section 2. That this resolution is Section 5. That this ordinance is all the members elected to Council, hereby declared to be an emergency declared to be an emergency mea- it shall take effect and be in force measure and, provided it receives sure and, provided it receives the immediately upon its adoption and the affirmative vote of two-thirds of affirmative vote of two-thirds of all approval by the Mayor; otherwise, it all the members elected to Council, the members elected to Council, it shall take effect and be in force it shall take effect and be in force shall take effect and be in force from and after the earliest period immediately upon its adoption and immediately upon its passage and allowed by law. approval by the Mayor; otherwise, it approval by the Mayor; otherwise it Adopted April 30, 2007. shall take effect and be in force shall take effect and be in force Effective May 3, 2007. from and after the earliest period from and after the earliest period allowed by law. allowed by law. Adopted April 30, 2007. Passed April 30, 2007. Effective May 3, 2007. Effective May 3, 2007. Res. No. 710-07. By Council Member Reed. An emergency resolution with- drawing objection to the transfer of Ord. No. 448-07. Ord. No. 493-07. ownership of a C1 Liquor Permit at By Council Members Turner, By Council Members Brady and 13401 Kinsman Avenue, and repeal- Brady, Cimperman and Sweeney (by Sweeney (by departmental request). ing Resolution No. 226-07, objecting departmental request). An emergency ordinance autho- to said transfer. An emergency ordinance deter- rizing the Director of Public Ser- Whereas, this Council objected to mining the method of making the vice to apply for and accept a grant the transfer of ownership of a C1 public improvement of erecting a from the State of Ohio through the Liquor Permit to Ferrer, Inc., 13401 fence surrounding Johnston Park- Northeast Ohio Area Coordinating Kinsman Avenue, Cleveland, Ohio way Park Maintenance Station; and Agency to assist the City in par- 44120, Permanent No. 2694710, by authorizing the Director of Parks, ticipating in NOACA’s Regional Resolution No. 226-07 adopted by the Recreation and Properties to enter Pavement Management System; and Council on February 5, 2007; and into one or more public improvement authorizing the Director to employ Whereas, this Council wishes to contracts for the making of the one or more professional consul- withdraw its objection to the above improvement. tants to prepare a pavement man- transfer and consents to said trans- Whereas, this ordinance consti- agement program. fer; and tutes an emergency measure provid- Whereas, this ordinance consti- Whereas, this resolution consti- ing for the usual daily operation of tutes an emergency measure provid- tutes an emergency measure provid- a municipal department; now, there- ing for the usual daily operation of ing for the usual daily operation of fore, a municipal department; now, there- a municipal department; now, there- Be it ordained by the Council of fore, fore, the City of Cleveland: Be it ordained by the Council of Be it resolved by the Council of Section 1. That, under Section 167 the City of Cleveland: the City of Cleveland: of the Charter of the City of Cleve- Section 1. That the Director of Section 1. That objection to a C1 land, this Council determines to Public Service is authorized to Liquor Permit to Ferrer, Inc., 13401 make the public improvement of apply for and accept a grant in the Kinsman Avenue, Cleveland, Ohio erecting a fence surrounding John- approximate amount of $200,000, 44120, Permanent Number 2694710 be ston Parkway Park Maintenance and any other funds that may and the same is hereby withdrawn Station, for the Division of Park become available from the State of and Resolution No. 226-07, contain- Maintenance, Department of Parks, Ohio through the Northeast Ohio ing such objection, be and the same Recreation and Properties, by one Area Coordinating Agency to assist is hereby repealed and that this or more contracts duly let to the the City in participating in Council consents to the immediate lowest responsible bidder or bid- NOACA’s Regional Pavement Man- transfer thereof. ders after competitive bidding on a agement System; that the Director Section 2. That this resolution is unit basis for the improvement. is authorized to file all papers and hereby declared to be an emergency Section 2. That the Director of execute all documents necessary to measure and, provided it receives Parks, Recreation and Properties is receive the funds under the grant; the affirmative vote of two-thirds of authorized to enter into one or and that the funds are appropriat- all the members elected to Council, more contracts for the making of ed for the purposes described in the it shall take effect and be in force the public improvement with the legislative summary for the grant immediately upon its adoption and lowest responsible bidder or bid- contained in the file described approval by the Mayor; otherwise, it ders after competitive bidding on a below. shall take effect and be in force unit basis for the improvement, Section 2. That the legislative from and after the earliest period provided, however, that each sepa- summary for the grant, File No. 493- allowed by law. rate trade and each distinct com- 07-A, made a part of this ordinance Adopted April 30, 2007. ponent part of the improvement as if fully rewritten, as presented to Effective May 3, 2007. may be treated as a separate the Finance Committee of this Coun- improvement, and each, or any com- cil at the public hearing on this leg- bination, of the trades or compo- islation and shall not be changed nents may be the subject of a sep- without additional legislative Res. No. 711-07. arate contract on a unit basis. authority, is approved in all By Council Member Sweeney. Section 3. That under Section respects. An emergency resolution fixing 108(b) of the Charter, the purchas- Section 3. That the Director of the location for a certain meeting of es authorized by this ordinance Public Service is authorized to Cleveland City Council on Monday, may be made through cooperative employ by contract or contracts one May 14, 2007. agreements using state procedures. or more consultants or one or more Whereas, this resolution consti- The Director of Parks, Recreation firms of consultants for the purpose tutes an emergency measure for the and Properties may sign all docu- of supplementing the regularly immediate preservation of public ments with the State of Ohio or any employed staff of the several depart- peace, property, health or safety, of its political subdivisions that ments of the City of Cleveland in now, therefore, are necessary to make the pur- order to provide professional ser- 789 26 The City Record May 9, 2007 vices necessary to implement the mate amount as purchased during BID GUARANTY AND pavement management program the preceding term, purchased by CONTRACT BOND which will include, but not be lim- the Commissioner of Purchases and ited to, surveying each roadway, cre- Supplies on a unit basis for the Divi- KNOW ALL MEN BY THESE ating a video log, perform testing, sion of Waste Collection and Dis- PRESENTS, that we the ______and data sharing with NOACA for posal, Department of Public Service. ______inclusion into the pavement man- Bids shall be taken in a manner ______agement program. that permits an award to be made (Name and Address) The selection of the consultants for all items of services as a single as Principal and ______for the services shall be made by contract, or by separate contract for (Name of Surety) the Board of Control on the nomi- each or any combination of the as Surety are hereby held and firm- nation of the Director of Public items as the Board of Control deter- ly bound unto the City of Cleveland, Service from a list of qualified con- mines. Alternate bids for a period hereinafter called the Obligee, in the sultants available for employment less than the specified term may be penal sum hereinafter stated, per- as may be determined after a full taken if desired by the Commis- taining to the bid submitted by the and complete canvass by the Direc- sioner of Purchases and Supplies Principal to the Obligee on tor of Public Service for the pur- until provision is made for the ______(date) to pose of compiling a list. The com- requirements for the entire term. undertake the project known ______pensation to be paid for the ser- The Director of Public Service is ______vices shall be fixed by the Board authorized to enter into one or more ______. of Control. The contract or con- contracts with a term of two years The penal sum referred to herein tracts authorized shall be prepared instead of one year when there is a shall be ______by the Director of Law, approved financial advantage to the City. For ______by the Director of Public Service, purposes of this ordinance, a finan- ______. For the and certified by the Director of cial advantage shall be determined payment of the penal sum well and Finance. by the Director of Public Service by truly to be made, we hereby jointly Section 4. That the cost of con- comparing the bids received for both and severally bind ourselves, our tract or contracts authorized shall terms. heirs, executors, administrators, suc- be paid from the fund or funds Bids shall also be taken so as to cessors, and assigns. which are credited the grant pro- permit an award to be made for pro- THE CONDITION OF THE ceeds accepted under this ordi- vision of such services citywide or ABOVE OBLIGATION IS SUCH, that nance, and from the fund or funds by separate contracts for the dis- whereas the above named Principal to which are credited proceeds tricts determined by the Director of has submitted a bid on the above from the sale of 2007 general oblig- Public Service. referred project; ation bonds issued for this purpose Section 2. That notwithstanding NOW, THEREFORE, if the Oblig- and Fund Nos. 20 SF 364, 20 SF 373, any provision of the Codified Ordi- ee accepts the bid of the Principal 20 SF 380, 20 SF 383, 20 SF 394, 20 nances of Cleveland, Ohio, 1976, to and the Principal fails to enter into SF 500, and 20 SF 506, Request No. the contrary, the Director of Public a proper contract in accordance with 173241. Service may require that each bid the bid, plans, details, specifications, Section 5. That this ordinance is be accompanied by a single bond and bills of material; and in the declared to be an emergency mea- securing both the execution of a event the Principal pays to the sure and, provided it receives the contract and the performance of Obligee the difference not to exceed affirmative vote of two-thirds of all the term of each contract. If a sin- ten percent of the penalty hereof the members elected to Council, it gle bond securing both execution between the amount specified in the shall take effect and be in force and performance is required by the bid and such larger amount for immediately upon its passage and Director, it shall be substantially which the Obligee may in good faith approval by the Mayor; otherwise it in accordance with the form contract with the next lowest and shall take effect and be in force attached as Exhibit “A”. Each best bidder to perform the work cov- from and after the earliest period bond, whether to secure the execu- ered by the bid; or in the event the allowed by law. tion of a contract, its performance, Obligee does not award the contract Passed April 30, 2007. to the next lowest and best bidder or both, shall be in an amount Effective May 3, 2007. and resubmits the project for bid- determined by the Director of Pub- ding, the Principal will pay the lic Service. Each bond submitted to Obligee the difference not to exceed secure the contract or contracts ten percent of the penalty hereof authorized by this ordinance shall Ord. No. 494-07. between the amount specified in the be executed by a surety authorized By Council Members Brady and bid, or the costs in connection with to do business in the State of Ohio Sweeney (by departmental request). the resubmission, of printing new and shall be acceptable to the An emergency ordinance authoriz- contract documents, required adver- Director of Law. ing the purchase by one or more tising, and printing and mailing Section 3. That the cost of the requirement contracts for contin- notices to prospective bidders, contract or contracts shall be gency services for the disposal of whichever is less, then this obliga- charged against the proper appro- municipal solid waste, for the Divi- tion shall be void, otherwise to priation account and the Director sion of Waste Collection and Dis- remain in full force and effect. If of Finance shall certify the amount posal, Department of Public Service. the Obligee accepts the bid of the Whereas, this ordinance consti- of the initial purchase, which pur- Principal and the Principal within tutes an emergency measure provid- chase, together with all later pur- ten days after the awarding of the ing for the usual daily operation of chases, shall be made on order of contract and submitting to the Prin- a municipal department; now, there- the Commissioner of Purchases and cipal a contract for execution, enters fore, Supplies under a requisition into a proper contract in accordance Be it ordained by the Council of against the contract or contacts with the bid, plans, details, specifi- the City of Cleveland: certified by the Director of cations, and bills of material, which Section 1. That the Director of Finance. (RL 130715) said contract is made a part of this Public Service is authorized to make Section 4. That this ordinance is bond the same as though set forth one or more written requirement declared to be an emergency mea- herein; and contracts under the Charter and the sure and, provided it receives the IF THE SAID Principal shall well Codified Ordinances of Cleveland, affirmative vote of two-thirds of all and faithfully perform each and Ohio, 1976, for the requirements for the members elected to Council, it every condition of such contract; the term of one year or two years shall take effect and be in force and indemnify the Obligee against for the necessary items of contin- immediately upon its passage and all damage suffered by failure to gency services for the disposal of approval by the Mayor; otherwise it perform such contract according to municipal solid waste to various ap- shall take effect and be in force the provisions thereof and in accor- proved and certified transfer facili- from and after the earliest period dance with the plans, details, speci- ties and landfills, in the approxi- allowed by law. fications, and bills of material there- 790 May 9, 2007 The City Record 27 for; and shall pay all lawful claims a municipal department; now, there- shall take effect and be in force of subcontractors, materialmen, and fore, from and after the earliest period laborers for labor performed and Be it ordained by the Council of allowed by law. materials furnished in the carrying the City of Cleveland: Passed April 30, 2007. forward, performing, or completing Section 1. That the Director of Effective May 3, 2007. said contract; we agreeing and Public Service is authorized to assenting that this undertaking make one or more written require- shall be for the benefit of any mate- ment contracts under the Charter rialman or laborer having a just and the Codified Ordinances of Ord. No. 536-07. claim as well as for the Obligee Cleveland, Ohio, 1976, for the re- By Council Members Brady and herein; then this obligation shall be quirements of the necessary items Sweeney (by departmental request). void; otherwise the same shall of various types of furniture, fix- An emergency ordinance to amend remain in full force and effect; it tures, and equipment needed to Section 3 of Ordinance No. 837-05, being expressly understood and complete the public improvements passed June 6, 2005, as amended by agreed that the liability of the Sure- authorized under Ordinance Nos. Ordinance No. 567-06, passed June 12, ty for any and all claims hereunder 485-07, 486-07, 487-07, 488-07, 489-07, 2006, and to amend Section 3 of Ordi- shall in no event exceed the penal and 490-07, for the period of one or nance No. 838-05, passed June 6, 2005, amount of this obligation as herein two years, to be purchased by the relating to constructing general stated. Commissioner of Purchases and improvements to the Willard Park THE SAID Surety hereby stipu- Supplies upon a unit basis for the garage and Gateway garages. lates and agrees that no modifica- Division of Architecture, Depart- Whereas, this ordinance consti- tions, omissions, or additions, in or ment of Public Service. Bids shall tutes an emergency measure provid- to the terms of said contract or in be taken in a manner that permits ing for the usual daily operation of or to the plans and specifications an award to be made for all items a municipal department; now, there- therefor shall in any wise affect the as a single contract, or by separate fore, obligations of said Surety on this contract for each or any combina- Be it ordained by the Council of bond, and it does hereby waive tion of the items as the Board of the City of Cleveland: notice of any such modifications, Control determines. Alternate bids Section 1. That Section 3 of Ordi- omissions or additions to the terms for a period less than one year may nance No. 837-05, passed June 6, 2005, of the contract or to the work or to be taken if deemed desirable by as amended by Ordinance No. 567-06, the specifications. the Commissioner of Purchases and passed June 12, 2006, is amended to SIGNED AND SEALED this _____ Supplies until provision is made for read as follows: day of ______, 20__ the requirements for the entire Section 3. That the cost of the con- term. The Director of Public Ser- tracts authorized by this ordinance PRINCIPAL: SURETY: vice is authorized to enter into one shall be paid from Fund Nos. 65 SF or more contracts with a term of 003, 65 SF 005, and 65 SF 006, ______two years instead of one year when Request No. 142496. there is a financial advantage to Section 2. That existing Section 3 BY: ______BY: ______the City. For purposes of this ordi- of Ordinance No. 837-05, passed June Attorney-in-Fact nance, a financial advantage shall 6, 2005, as amended by Ordinance be determined by the Director of No. 567-06, passed June 12, 2006, is TITLE: ______Public Service by comparing the repealed. bids received for both terms. Section 3. That Section 3 of Ordi- SURETY COMPANY Section 2. That the costs of the nance No. 838-05, passed June 6, 2005 ADDRESS: contract or contracts shall be paid is amended to read as follows: from the fund of funds to which are Section 3. That the cost of the ______credited proceeds from the sale of improvement authorized shall be Street 2007 general obligation bonds issued paid from Fund Nos. 65 SF 003, 65 for this purpose and Fund Nos. 20 SF 005, and 65 SF 006, Request No. ______SF 362, 20 SF 371, 20 SF 381, 20 SF 142497. City State ZIP 391, and 20 SF 503 and shall be Section 4. That existing Section 3 charged against the proper ap- of Ordinance No. 838-05, passed June SURETY AGENT’S propriation accounts and the Direc- 6, 2005, is repealed. ADDRESS: tor of Finance shall certify the Section 5. That this ordinance is amount of the initial purchase, declared to be an emergency mea- ______which purchase, together with all sure and, provided it receives the Agency Name later purchases, shall be made on affirmative vote of two-thirds of all order of the Commissioner of Pur- the members elected to Council, it ______chases and Supplies under a requi- shall take effect and be in force Street sition against the contract or con- immediately upon its passage and tracts certified by the Director of approval by the Mayor; otherwise it ______Finance. (RL 156216) shall take effect and be in force City State ZIP Section 3. That under Section from and after the earliest period 108(b) of the Charter, the purchases allowed by law. “Exhibit A” authorized by this ordinance may be Passed April 30, 2007. made through cooperative agree- Effective May 3, 2007. Passed April 30, 2007. ments using state procedures. The Effective May 3, 2007. Director of Public Service may sign all documents with the State of Ohio or any of its political subdivisions Ord. No. 699-07. that are necessary to make the pur- By Council Member Cleveland. Ord. No. 534-07. chases, and may enter into one or An emergency ordinance to By Council Members Brady and more contracts with the vendors amend Section 1 of Ordinance No. Sweeney (by departmental request). selected through that cooperative 2210-05, passed March 20, 2006, as An emergency ordinance authoriz- process. amended by Ordinance No. 378-07, ing the purchase by one or more re- Section 4. That this ordinance is passed March 5, 2007, relating to quirement contracts of various types declared to be an emergency mea- the sale of City-owned property to of furniture, fixtures, and equip- sure and, provided it receives the Dr. Javier Lopez at 5158 Broadway ment, for the Division of Architec- affirmative vote of two-thirds of all Avenue. ture, Department of Public Service. the members elected to Council, it Whereas, under Ordinance No. Whereas, this ordinance consti- shall take effect and be in force 2210-05, passed March 20, 2006, as tutes an emergency measure provid- immediately upon its passage and amended by Ordinance No. 378-07, ing for the usual daily operation of approval by the Mayor; otherwise it passed March 5, 2007, this Council 791 28 The City Record May 9, 2007 authorized the sale of City-owned Drive exit, Edgewater Drive to Whereas, this ordinance consti- property located at 5158 Broadway West 117th, West 117th to Lake tutes an emergency measure provid- to Dr. Javier Lopez; and Avenue, Lake Avenue to Clifton ing for the usual daily operation of Whereas, the mortgage term east bound Shoreway entrance, east a municipal department; now, there- placed in the file through amended bound Shoreway to West 45th exit, fore, Ordinance No. 378-07, was incorrect; West 45th to Franklin, Franklin to Be it ordained by the Council of and Fulton, Fulton to Lorain, Lorain to the City of Cleveland: Whereas, this ordinance consti- Carnegie, Carnegie to East 14th, Section 1. That notwithstanding tutes an emergency measure provid- East 14th to Euclid, (Half Marathon the provision of Section 623.13 of ing for the usual daily operation of turns on East 17th to St. Clair, St. the Codified Ordinances, of Cleve- a municipal department; now, there- Clair to Finish Line) Euclid to East land, Ohio, 1976, the Director of the fore, 40th, East 40th to Chester, Chester Department of Public Service is Be it ordained by the Council of to Euclid Avenue, Euclid to East hereby authorized and directed to the City of Cleveland: Boulevard, East Boulevard to MLK, issue a permit to Mt. Olive Mis- Section 1. That Section 1 of Ordi- MLK to N. Marginal, N. Marginal to sionary Baptist Church to install, nance No. 2210-05, passed March 20, bike path, bike path through State maintain and remove banners 2006, as amended by Ordinance No. park, fishing bridge to East 55th, along Kinsman Road and along 378-07, passed March 5, 2007, is East 55th to S. Marginal, S. Mar- East 126th Street, for the period amended to read as follows: ginal to West 3rd on ramp, West from July 1, 2007 to July 30, 2007, Section 1. That notwithstanding 3rd ramp to West 3rd, West 3rd to inclusive. Said banner shall be and as an exception to the provi- Lakeside, Lakeside to West 9th, approved by the Director of Public sions of Chapter 181 and 183 of the West 9th to Superior, Superior to Service, in consultation with the Codified Ordinances of Cleveland, West 3rd, West 3rd to Lakeside, Director of Public Safety, as to Ohio, 1976, it is found and deter- Lakeside to East 18th, East 18th to type, method of affixing and loca- mined that the property located at St. Clair, St. Clair to East 12th, fin- tion so as not to interfere with any 5158 Broadway Avenue, depicted on ish; 10K starting at St. Clair & East sign erected and maintained under the map placed in File No. 2210-05- 13th Street, St. Clair to East 18th, the requirements of law or ordi- C, is no longer needed for public East 18th to Lakeside, Lakeside to nance. The permission of the use. East 9th, East 9th to Erieside, owner of any pole from which a Section 2. That existing Section 1 Erieside to West 3rd (around sta- banner will be hung must be of Ordinance No. 2210-05, passed dium), West 3rd to Lakeside, Lake- obtained prior to issuance of the March 20, 2006, as amended by Ordi- side to west bound Shoreway on permit. No commercial advertising nance No. 378-07, passed March 5, ramp, west bound Shoreway to shall be printed or permitted on 2007, is repealed. West 28th exit ramp, West 28th to said banner and said banner shall Section 3. That this ordinance is Detroit, Detroit to West 32nd, West be removed promptly upon the declared to be an emergency mea- 32nd to Franklin, Franklin to West expiration of said permit. sure and, provided it receives the 28th, West 28th to east bound Shore- Section 2. That this ordinance is affirmative vote of two-thirds of all way on ramp, east bound Shoreway hereby declared to be an emergency the members elected to Council, it to Lakeside, Lakeside to East 18th, measure and, provided it receives shall take effect and be in force East 18th to St. Clair, St. Clair to the affirmative vote of two-thirds of immediately upon its passage and East 12th, finish, provided that the all the members elected to Council, approval by the Mayor; otherwise it applicant sponsor shall meet all the it shall take effect and be in force shall take effect and be in force requirements of Section 411.05 of immediately upon its passage and from and after the earliest period the Codified Ordinances of Cleve- approval by the Mayor; otherwise, it allowed by law. land, Ohio, 1976. Streets may be shall take effect and be in force Passed April 30, 2007. closed as determined by the Chief from and after the earliest period Effective May 3, 2007. of Police and safety forces as may allowed by law. be necessary in order to protect the Passed April 30, 2007. participants in the event. Said per- Effective May 3, 2007. mit shall further provide that the Ord. No. 701-07. City of Cleveland shall be fully By Council Members Britt, Lewis, indemnified from any and all lia- Pierce Scott, Conwell, Santiago, bility resulting from the issuance Ord. No. 703-07. Zone, Cimperman and Westbrook. of the same, to the extent and in By Council Member Reed. An emergency ordinance con- form satisfactory to the Director of An emergency ordinance author- senting and approving the issu- Law. izing and directing the Director of ance of a permit for the 29th Section 2. That this ordinance is Public Service to issue a permit to RiteAid Marathon and 10K, May 20, hereby declared to be an emergency Unity Baptist Church to stretch ban- 2007, sponsored by Cleveland Mara- measure and, provided it receives ners on the corner of East 104th & thon, Inc. the affirmative vote of two-thirds of Kinsman, and East 105th & Kins- Whereas, this ordinance consti- all the members elected to Council, man (Pole Nos. CEI 346450, SE-6-67, tutes an emergency measure provid- it shall take effect and be in force 318232, and SE-6-68-2), for the period ing for the usual daily operation of immediately upon its passage and from June 11, 2007 to July 10, 2007, a municipal department; now, there- approval by the Mayor; otherwise, it inclusive, celebrating the church’s fore, shall take effect and be in force 89th anniversary. Be it ordained by the Council of from and after the earliest period Whereas, this ordinance consti- the City of Cleveland: allowed by law. tutes an emergency measure provid- Section 1. That pursuant to Sec- Passed April 30, 2007. ing for the usual daily operation of tion 411.06 of the Codified Ordi- Effective May 3, 2007. a municipal department; now, there- nances of Cleveland, Ohio 1976, this fore, Council consents to and approves Be it ordained by the Council of the holding of the 29th RiteAid the City of Cleveland: Marathon and 10K sponsored by Ord. No. 702-07. Section 1. That notwithstanding Cleveland Marathon, Inc. on May By Council Member Reed. the provision of Section 623.13 of 20, 2007, with the Marathon starting An emergency ordinance author- the Codified Ordinances, of Cleve- at St. Clair and East 13th Street, St. izing and directing the Director of land, Ohio, 1976, the Director of the Clair to East 18th Street, East 18th Public Service to issue a permit to Department of Public Service is to Lakeside, Lakeside to East 9th, Mt. Olive Missionary Baptist Church hereby authorized and directed to East 9th to Erieside, Erieside to Al to stretch banners along Kinsman issue a permit to Unity Baptist Lerner Way, Al Lerner Way to Road and along East 126th Street, for Church to install, maintain and West 3rd, West 3rd to Lakeside, the period from July 1, 2007 to July remove banners on the corner of Lakeside to west bound Shoreway, 30, 2007, inclusive, publicizing the East 104th & Kinsman, and East west bound Shoreway to Edgewater church’s 100th Year Anniversary. 105th & Kinsman (Pole Nos. CEI 792 May 9, 2007 The City Record 29

346450, SE-6-67, 318232, and SE-6-68- measure and, provided it receives as to type, method of affixing and 2), for the period from June 11, 2007 the affirmative vote of two-thirds of location so as not to interfere with to July 10, 2007, inclusive. Said ban- all the members elected to Council, any sign erected and maintained ner shall be approved by the Direc- it shall take effect and be in force under the requirements of law or tor of Public Service, in consulta- immediately upon its passage and ordinance. The permission of the tion with the Director of Public approval by the Mayor; otherwise, it owner of any pole from which a Safety, as to type, method of affix- shall take effect and be in force banner will be hung must be ing and location so as not to inter- from and after the earliest period obtained prior to issuance of the fere with any sign erected and allowed by law. permit. No commercial advertising maintained under the requirements Passed April 30, 2007. shall be printed or permitted on of law or ordinance. The permission Effective May 3, 2007. said banner and said banner shall of the owner of any pole from be removed promptly upon the expi- which a banner will be hung must ration of said permit. be obtained prior to issuance of the Section 2. That this ordinance is permit. No commercial advertising Ord. No. 705-07. hereby declared to be an emergency shall be printed or permitted on By Council Member Zone. measure and, provided it receives said banner and said banner shall An emergency ordinance author- the affirmative vote of two-thirds of be removed promptly upon the expi- izing and directing the Director of all the members elected to Council, ration of said permit. Public Service to issue a permit to it shall take effect and be in force Section 2. That this ordinance is stretch banners at West 74th, north- immediately upon its passage and hereby declared to be an emergency east corner, Gateway Ct. east; 1st approval by the Mayor; otherwise, it measure and, provided it receives pole north of Goodwalt Avenue; shall take effect and be in force the affirmative vote of two-thirds of West 75th, southeast corner of from and after the earliest period all the members elected to Council, Father Frascati Avenue; midblock allowed by law. it shall take effect and be in force south of Father Frascati Avenue Passed April 30, 2007. immediately upon its passage and (E); northeast corner of Battery Effective May 3, 2007. approval by the Mayor; otherwise, it Park Avenue; southwest corner of shall take effect and be in force Father Frascati Avenue (W); north- from and after the earliest period west corner of Battery Park Avenue; allowed by law. West 73rd Street, (westside); south- COUNCIL COMMITTEE Passed April 30, 2007. west corner of Father Caruso Dr.; MEETINGS Effective May 3, 2007. 3rd pole south of Father Caruso Dr.; 1st pole south of Father Frscati Avenue; northwest corner of Battery Park Avenue; northwest corner of Monday, May 7, 2007 Ord. No. 704-07. Gateway Ct.; Father Caruso Drive By Council Member Zone. (north side) opposite southwest cor- 1:00 p.m. An emergency ordinance author- ner of West 73rd; and northwest cor- izing and directing the Director of ner of West 74th; for the period from Joint — Community and Economic Public Service to issue a permit to April 30, 2007 to May 29, 2007, inclu- Development Committee and Finance the West Side Ecumenical Ministry sive, to announce an Open House at Committee: Present in CDED: Pierce to stretch a banner at 5209 Detroit the new Battery Park residential Scott, Chair; Brancatelli, Vice Chair; Avenue using utility poles (by sep- development. Cimperman, Cummins, Coats, West- arate permission), for the period Whereas, this ordinance consti- brook, Brady, Zone, Lewis. from April 30, 2007 to May 29, 2007, tutes an emergency measure provid- Present in Finance: Sweeney, inclusive, publicizing the Head ing for the usual daily operation of Chair; Cimperman, Vice Chair; Start. a municipal department; now, there- Brady, Conwell, Pierce Scott, Bran- Whereas, this ordinance consti- fore, catelli, Zone, Westbrook, Coats, tutes an emergency measure provid- Be it ordained by the Council of White. Authorized Absence: Britt. ing for the usual daily operation of the City of Cleveland: a municipal department; now, there- Section 1. That notwithstanding 2:00 p.m. fore, the provision of Section 623.13 of Be it ordained by the Council of the Codified Ordinances, of Cleve- Finance Committee: Present: Swee- the City of Cleveland: land, Ohio, 1976, the Director of the ney, Chair; Cimperman, Vice Chair; Section 1. That notwithstanding Department of Public Service is Brady, Conwell, Pierce Scott, Bran- the provision of Section 623.13 of hereby authorized and directed to catelli, Zone, Westbrook, Coats, the Codified Ordinances, of Cleve- issue a permit to install, maintain White, Authorized Absence: Britt. land, Ohio, 1976, the Director of the and remove banners at West 74th, Department of Public Service is northeast corner, Gateway Ct. east; Tuesday, May 8, 2007 hereby authorized and directed to 1st pole north of Goodwalt Avenue; issue a permit to The West Side 1:30 p.m. West 75th, southeast corner of Ecumenical Ministry to install, Father Frascati Avenue; midblock maintain and remove a banner Employment, Affirmative Action using utility poles (by separate per- south of Father Frascati Avenue and Training Committee: Present: mission), inclusive. Said banner (E); northeast corner of Battery Lewis, Chair; Santiago, Vice Chair; shall be approved by the Director Park Avenue; southwest corner of Brancatelli, Turner, Coats, Conwell. of Public Service, in consultation Father Frascati Avenue (W); north- Authorized Absence: Johnson. with the Director of Public Safety, west corner of Battery Park Ave- as to type, method of affixing and nue; West 73rd Street, (westside); Wednesday, May 9, 2007 location so as not to interfere with southwest corner of Father Caruso any sign erected and maintained Dr.; 3rd pole south of Father Caru- 10:00 a.m. under the requirements of law or so Dr.; 1st pole south of Father ordinance. The permission of the Frascati Avenue; northwest corner Public Safety Committee: Present: owner of any pole from which a of Battery Park Avenue; northwest Conwell, Chair; Brady, Vice Chair; banner will be hung must be corner of Gateway Ct.; Father Caru- Britt, Polensek, Coats, Kelley, Cum- obtained prior to issuance of the so Drive (north side) opposite mins, Turner, Santiago. permit. No commercial advertising southwest corner of West 73rd; and shall be printed or permitted on northwest corner of West 74th; for 1:30 p.m. said banner and said banner shall the period from April 30, 2007 to be removed promptly upon the expi- May 29, 2007, inclusive. Said banner Public Utilities Committee: Present: ration of said permit. shall be approved by the Director Zone, Chair; Reed, Vice Chair; Cleve- Section 2. That this ordinance is of Public Service, in consultation land, Polensek, Cummins, Keane, hereby declared to be an emergency with the Director of Public Safety, Kelley, Westbrook, Santiago. 793 30 The City Record May 9, 2007 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

AIDS

AIDS-related services — contracts — various agencies or entities — Community Development or Public Health (O 740-07)...... 771 AIDS-related services — HOPWA Grant — contracts — various agencies or entities — Public Health or Community Development (O 734-07)...... 769

Appropriations

Community Development Department — administrative expenses — Community Development Block Grant & NEF Administrative Cost funds — appropriation — SAS software maintenance — contracts — Executive Information Systems, LLC (O 652-07) ...... 779

Banners

Battery Park residential development — Open House (O 705-07) ...... 793 Mt. Olive Missionary Baptist Church — church’s 100th Year Anniversary (O 702-07) ...... 792 Unity Baptist Church — church’s 89th anniversary (O 703-07) ...... 792 West Side Ecumenical Ministry — Head Start (O 704-07) ...... 793

Board of Building Standards and Building Appeals

Bernard Avenue, 10805, (Ward 19) — Leslie M. Vannorshall, owner — appeal adopted on 5/2/07 (Doc. A-33-07) ...... 785 Clifton Boulevard, 11633, (Ward 18) — John Katsaros, owner — appeal rescheduled to 5/16/07 on 5/2/07 (Doc. A-50-07) ...... 785 East 107th Street, 532, (Ward 8) — Danford K. Jones, owner — appeal resolved on 5/2/07 (Doc. A-38-07) ...... 784 East 147th Street, 4618, (Ward 12) — Garlin Rudolph, owner — appeal resolved on 5/2/07 (Doc. A-40-07) ...... 784 East 79th Street, 2163-65, (Ward 6) — Angela Bennett, owner — appeal adopted on 5/2/07 (Doc. A-34-07) ...... 785 East 9th Street, 1717, (Ward 13) — John Katsaros, owner — appeal rescheduled to 5/16/07 on 5/2/07 (Doc. A-54-07)...... 785 Euclid Avenue, 10900, (Ward 9) — Case Western Reserve University—Institute of Pathology, owner — appeal adopted on 5/2/07 (Doc. A-48-07) ...... 785 Franklin Avenue, 8610, (Ward 18) — Polster Family Trust, etc., owner — appeal postponed to 5/16/07 on 5/2/07 (Doc. A-24-07) ...... 784 Ingleside Road, 17721, (Ward 11) — Mario A. Houston, owner — appeal adopted on 5/2/07 (Doc. A-17-07) ...... 785 Juniper Road, 11310, (Ward 9) — Case Western Reserve University—Alumni House, owner — appeal adopted on 5/2/07 (Doc. A-46-07) ...... 785 Lakeshore Boulevard, 16001, (Ward 11) — Associated Estates Manamement Company, owner - appeal resolved on 5/2/07 (Doc. A-15-07) ...... 784 Miles Avenue, 14900, (Ward 1) — William E. Bienias, owner — appeal adopted on 5/2/07 (Doc. A-13-07) ...... 785 Shawnee Avenue, 18901, (Ward 11) — Marianne Jarosiak, owner — appeal resolved on 5/2/07 (Doc. A-36-07)...... 784 Warner Road, 4390, (Ward 12) — Mario A. Houston, owner — appeal adopted on 5/2/07 (Doc. A-16-07)...... 785 West 25th Street, 1870, (Ward 13) — John Katsaros, owner — appeal resolved on 5/2/07 (Doc. A-49-07) ...... 784 West 54th Street, 3291, (Ward 17) — Third Federal Savings and Loan Association of Cleveland, owner — appeal adopted on 5/2/07 (Doc. A-35-07) ...... 785 West 73rd Street, 2093, (Ward 17) — GMC Mortgage Corporation, mortgagee — appeal resolved on 5/2/07 (Doc. A-44-07)...... 784 Woodland Avenue, 9525, (Ward 6) — Jack Weingold, owner — appeal resolved on 5/2/07 (Doc. A-37-07) ...... 784

Board of Control — Brookside Park

Concession stands — amend agreements per BOC Res. 339-05 — Division of Park Maintenance and Properties, Dept. of Parks, Recreation and Properties (BOC Res. 212-07)...... 781

Board of Control — Burke Lakefront Airport Division

Rental fees for meeting rooms — amend Section 571.88 — Dept. of Port Control (BOC Res. 208-07) ...... 781

Board of Control — Cleveland Hopkins International Airport Division

Rental fees for meeting rooms — amend Section 571.88 — Dept. of Port Control (BOC Res. 207-07) ...... 780 Taxiway, ramp and runway improvements — per Ord. 2376-02 — all bids rejected — Dept. of Port Control (BOC Res. 209-07) ...... 781 794 May 9, 2007 The City Record 31

Board of Control — Community Development Department

Alhambra Road (Ward 11) — PPN 115-26-153 — Cresthaven Development, Inc. per Ord. 450-07 (BOC Res. 217-07) ...... 782 East 131st Street (Ward 3) — PPN 137-11-046 — Ralph D. Cowan per Ord. 297-07 BOC Res. 213-07) ...... 782 East 55th Street (Ward 12) — PPN 125-25-005 — Cleveland Housing Network, Inc. per Ord. 449-07 (BOC Res. 216-07) ...... 782 East 65th Street (Ward 7) — PPN 106-08-022 — Johann Wheeler and Evelyn Wheeler per Ord. 1637-06 (BOC Res. 214-07) ...... 782 Emery Avenue (Ward 19) — PPN 019-13-094 — Mabel Holivay (BOC Res. 218-07) ...... 782 Manor Avenue (Ward 4) — PPN 126-38-009/010/011/019 — Cleveland Screw Products, Inc. per Ord. 849-05 (BOC Res. 215-07) ...... 782

Board of Control — Concession Agreement

Concession stands at Brookside and Gordon Parks — amend agreements per BOC Res. 339-05 — Division of Park Maintenance and Properties, Dept. of Parks, Recreation and Properties (BOC Res. 212-07) ...... 781

Board of Control — Engineering and Construction Division

Kamm’s Streetscape Underground Ducts, Phase I — contract per Ord. 985-06 to Terrace Construction Company, Inc. — Dept. of Public Service (BOC Res. 210-07) ...... 781

Board of Control — Gordon Park

Concession stands — amend agreements per BOC Res. 339-05 — Division of Park Maintenance and Properties, Dept. of Parks, Recreation and Properties (BOC Res. 212-07)...... 781

Board of Control — Health Division

Snow and ice removal at various health centers — contract per Ord. 2012-06 to The Jands Co. — Dept. of Public Health (BOC Res. 211-07) ...... 781

Board of Control — Land Reutilization Program

Alhambra Road (Ward 11) — PPN 115-26-153 — Cresthaven Development, Inc. per Ord. 450-07 (BOC Res. 217-07) ...... 782 East 131st Street (Ward 3) — PPN 137-11-046 — Ralph D. Cowan per Ord. 297-07 (BOC Res. 213-07) ...... 782 East 55th Street (Ward 12) — PPN 125-25-005 — Cleveland Housing Network, Inc. per Ord. 449-07 (BOC Res. 216-07) ...... 782 East 65th Street (Ward 7) — PPN 106-08-022 — Johann Wheeler and Evelyn Wheeler per Ord. 1637-06 (BOC Res. 214-07) ...... 782 Emery Avenue (Ward 19) — PPN 019-13-094 — Mabel Holivay (BOC Res. 218-07) ...... 782 Manor Avenue (Ward 4) — PPN 126-38-009/010/011/019 — Cleveland Screw Products, Inc. per Ord. 849-05 (BOC Res. 215-07) ...... 782

Board of Control — Miles Broadway Health Center

Snow and ice removal — contract per Ord. 2012-06 to The Jands Co. — Division of Health, Dept. of Public Health (BOC Res. 211-07) ...... 781

Board of Control — Park Maintenance and Properties Division

Concession stands at Brookside and Gordon Parks — amend agreements per BOC Res. 339-05 — Dept. of Parks, Recreation and Properties (BOC Res. 212-07) ...... 781

Board of Control — Parks, Recreation and Properties Department

Concession stands at Brookside and Gordon Parks — amend agreements per BOC Res. 339-05 — Division of Park Maintenance and Properties (BOC Res. 212-07) ...... 781

Board of Control — Port Control Department

Rental fees for meeting rooms — amend Section 571.88 — Division of Cleveland Hopkins International Airport (BOC Res. 207-07) ...... 780 Rental fees for meeting rooms — amend Section 571.88 — Division of Burke Lakefront Airport (BOC Res. 208-07) ...... 781 Taxiway, ramp and runway improvements — per Ord. 2376-02 — all bids rejected — Division of Cleveland Hopkins International Airport (BOC Res. 209-07) ...... 781 795 32 The City Record May 9, 2007

Board of Control — Professional Service Contracts

Engineering, design, water quality assessments and analysis, environmental, safety, forensic services — approve subcontractor — Contract #64518 per BOC Res. 297-05 — Division of Water, Dept. of Public Utilities (BOC Res. 203-07) ...... 780 Water Quality regulations and issues consulting — contract per Ord. 1025-05 to Brown & Caldwell Ohio LLC — Dept. of Public Utilities (BOC Res. 202-07) ...... 779

Board of Control — Public Health Department

Snow and ice removal at various health centers — contract per Ord. 2012-06 to The Jands Co. — Division of Health (BOC Res. 211-07) ...... 781

Board of Control — Public Improvement Contracts

Kamm’s Streetscape Underground Ducts, Phase I — contract per Ord. 985-06 to Terrace Construction Company, Inc. — Division of Engineering and Construction, Dept. of Public Service (BOC Res. 210-07) ...... 781

Board of Control — Public Service Department

Kamm’s Streetscape Underground Ducts, Phase I — contract per Ord. 985-06 to Terrace Construction Company, Inc. — Division of Engineering and Construction (BOC Res. 210-07) ...... 781

Board of Control — Public Utilities Department

Corrosion control chemicals — assign Contract #65205 per BOC Res. 587-05 to Carus Phosphates, Inc. — Division of Water (BOC Res. 204-07) ...... 780 Engineering, design, water quality assessments and analysis, environmental, safety, forensic services — approve subcontractor — Contract #64518 per BOC Res. 297-05 — Division of Water (BOC Res. 203-07) ...... 780 Water mains, fire hydrants, valves, service connections and appurtenances (Area D), repair of — contract per Ord. 1018-05 to Utilicon Corp. — Division of Water (BOC Res. 205-07) ...... 780 Water mains, fire hydrants, valves, service connections and appurtenances (Area C), repair of — contract per Ord. 1018-05 to Terrace Construction Company, Inc. — Division of Water (BOC Res. 206-07) ...... 780 Water Quality regulations and issues consulting — contract per Ord. 1025-05 to Brown & Caldwell Ohio LLC (BOC Res. 202-07) ...... 779

Board of Control — Requirement Contracts

Corrosion control chemicals — assign Contract #65205 per BOC Res. 587-05 to Carus Phosphates, Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 204-07)...... 780 Snow and ice removal at various health centers — contract per Ord. 2012-06 to The Jands Co. — Division of Health, Dept. of Public Health (BOC Res. 211-07) ...... 781 Water mains, fire hydrants, valves, service connections and appurtenances (Area D), repair of — contract per Ord. 1018-05 to Utilicon Corp. — Division of Water, Dept. of Public Utilities (BOC Res. 205-07) ...... 780 Water mains, fire hydrants, valves, service connections and appurtenances (Area C), repair of — contract per Ord. 1018-05 to Terrace Construction Company, Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 206-07) ...... 780

Board of Control — Water Division

Corrosion control chemicals — assign Contract #65205 per BOC Res. 587-05 to Carus Phosphates, Inc. — Dept. of Public Utilities (BOC Res. 204-07)...... 780 Engineering, design, water quality assessments and analysis, environmental, safety, forensic services — approve subcontractor — Contract #64518 per BOC Res. 297-05 — Dept. of Public Utilities (BOC Res. 203-07) ...... 780 Water mains, fire hydrants, valves, service connections and appurtenances (Area D), repair of — contract per Ord. 1018-05 to Utilicon Corp. — Dept. of Public Utilities (BOC Res. 205-07) ...... 780 Water mains, fire hydrants, valves, service connections and appurtenances (Area C), repair of — contract per Ord. 1018-05 to Terrace Construction Company, Inc. — Dept. of Public Utilities (BOC Res. 206-07) ...... 780

Board of Zoning Appeals — Report

Cedar Avenue, 7807, (Ward 6) — Dionne Carmichael, owner — appeal denied and adopted on 5/7/2007 (Cal. 07-38)...... 784 Empire Avenue, 9606, (Ward 8) — Clifton Dove, owner — appeal withdrawn on 5/7/2007 (Cal. 07-49) ...... 783 Wade Park Avenue, 7600, (Ward 7) — The Cleveland Municipal School District, owner and Jeffrey Henderson, agent — appeal heard on 5/7/2007 (Cal. 07-47) ...... 783 West 140th Street, 3800, (Ward 21) — The Cleveland Municipal School District, owner and Paul Romanic, agent — appeal heard on 5/7/2007 (Cal. 07-56) ...... 783 West 140th Street, 4315, (Ward 20) — The Cleveland Municipal School District, owner and Jeffrey Henderson, agent — appeal heard on 5/7/2007 (Cal. 07-45) ...... 783 796 May 9, 2007 The City Record 33

West 150th Street, 4550, (Ward 20) — The Cleveland Municipal School District, owner and Jeffrey Henderson, agent — appeal heard on 5/7/2007 (Cal. 07-46) ...... 783 West 41st Street, 3181, (Ward 14) — The Catholic Diocese of Cleveland and St. Procop Church, owner, and Sister Annette Amendolia, agent — appeal granted and adopted on 5/7/2007 (Cal. 07-43)...... 784 West 6th Street, 2314, (Ward 13) — Sammy Ross Catania, owner — appeal granted and adopted on 5/7/2007 (Cal. 07-41) ...... 784 West 89th Street, 1370, (Ward 18) — Algart Realty, owner and Gary Kline — appeal heard on 5/7/2007 (Cal. 07-35) ...... 783

Board of Zoning Appeals — Schedule

East 124th Street, 1954, (Ward 6) — Alan Swick, owner — appeal to be heard on 5/21/2007 (Cal. 07-59) ...... 783 East 93rd Street, 3420 , (Ward 5) — 3420 East 93rd Street Company, owner and David Tryon, agent — appeal to be heard on 5/21/2007 (Cal. 07-48) ...... 783 Hawthorne Avenue, 5918, (Ward 5) — Monique Williams, owner — appeal to be heard on 5/21/2007 (Cal. 07-60) ...... 783 Lee Road, 3920, (Ward 1) — John Barnes, Jr., owner — appeal to be heard on 5/21/2007 (Cal. 07-58)...... 783

City Council

Council Meeting location — Josaphat Arts Hall/Covivium 33 Gallery — May 14, 2007 (R 711-07) ...... 789 Summer schedule of meetings (R 752-07) ...... 778

City of Cleveland Bids

Air Quality Monitoring Facility — Department of Public Service — Division of Architecture — per Ord. 1870-06 — bid due May 24, 2007 (advertised 5/9/2007 and 5/16/2007) ...... 786 Case and Gradall construction equipment parts and labor — Department of Public Service — Division of Motor Vehicle Maintenance — per Ord. 501-06 — bid due May 25, 2007 (advertised 5/9/2007 and 5/16/2007) ...... 786 Electrical parts and equipment — Department of Port Control — per Ord. 191-07 — bid due May 18, 2007 (advertised 5/2/2007 and 5/9/2007) ...... 786 Fuel dispensing system maintenance and repair — Department of Public Service — Division of Motor Vehicle Maintenance — per Ord. 501-06 — bid due May 30, 2007 (advertised 5/9/2007 and 5/16/2007)...... 786 Harvard Yards Service Facility improvements — Department of Public Service — Division of Motor Vehicle Maintenance — per Ord. 692-07 — bid due May 30, 2007 (advertised 5/9/2007 and 5/16/2007)...... 786 Insurance, property for Cleveland Browns Stadium — Department of Parks, Recreation and Properties — Division of Convention Center and Stadium — per Ord. 445-07 — bid due May 18, 2007 (advertised 5/2/2007 and 5/9/2007) ...... 786 Laboratory, medical, pharmaceutical and nursing supplies and equipment — Department of Finance — per Ord. 570-07 — bid due May 30, 2007 (advertised 5/2/2007 and 5/9/2007) ...... 786 Motorcycle parts and labor — Department of Public Service — Division of Motor Vehicle Maintenance — per Ord. 501-06 — bid due May 25, 2007 (advertised 5/2/2007 and 5/9/2007)...... 786 Summer Food Program — Department of Parks, Recreation and Properties — Division of Recreation — per Ord. 253-07 — bid due May 25, 2007 (advertised 5/9/2007 and 5/16/2007)...... 786 Trucks, 17-ton capacity with operators, rental of — Department of Public Service — Division of Streets — per Ord. 198-07 — bid due May 25, 2007 (advertised 5/9/2007 and 5/16/2007) ...... 786 West 160th Street sanitary sewer replacement project — Department of Public Utilities — Division of Waste Collection and Disposal — per Ord. 873-06 — bid due May 24, 2007 (advertised 5/9/2007 and 5/16/2007)...... 786

City Planning Commission

Chester Ave. north side (E. 90 St. & E. 97 St.) — change the zoning — Local Retail Business, a General Retail Business District and a ‘3’ Height District (O 69-07)...... 785 Detroit Ave. north side (between W. 65 St. to W. 67 St.) — change the Height District — ‘3’ Height District (O 71-07) ...... 785 E. 105th St. & Norman Ave. (northeast corner) — change the Use District — General Retail Business District (O 415-07) ...... 785 E. 152nd St. east and west side (north of Kinsman Rd.) — change the Use District — Residence Office District (O 70-07) ...... 785 E. 185th St. & Neff Rd. (northeast corner) — change the Use District — RA2 Townhouse District (O 145-07) ...... 785 E. 185th St. (between Lake Shore Blvd. & Waterloo Rd.) — establish — Pedestrian Retail Overlay (PRO) District (O 498-07) ...... 785 E. 33rd St. (west side) — north of Perkins Ave. — change the zoning — Residence Industry District (O 298-07) ...... 785 E. 41st St. & E. 43rd St. (between) — south of Superior Ave. — change the zoning — Semi-Industry (O 299-07) ...... 785 E. 80th St. (west side), Aetna Rd. (north) — change the zoning — Semi-Industry (O 743-07) ...... 773 Father Caruso — northwest and southwest corners — W. 65th St. & W. 67th St. — change the zoning — Two Family Residential and a ‘1’ Height District (O 301-07) ...... 785 Grayton Rd. (east side property) — Brookpark Rd. (north) — Changing the Use District — Residence Office District (O 746-07) ...... 776 797 34 The City Record May 9, 2007

Kinsman Rd. & E. 123rd St. (southwest corner) — change the zoning — Local Retail Business and a ‘C’ Area District (O 300-07)...... 785 Neal Terrace — Cleveland Landmark (O 731-07) ...... 768 Oppmann Terrace a.k.a. Boulevard Terrace Apartments — Cleveland Landmark (O 753-07) ...... 772 Sanderson-Makar House, The — Cleveland Landmark (O 742-07) ...... 772 Seville Rd., (south side property) — changing the Use District — Semi-Industry (O 745-07) ...... 775 W. 14th St. (west side) — Castle Ave. (north) — Mentor Ave. (south) — changing the Use District of land — Urban Garden District (O 744-07) ...... 774 W. 65th St. & Franklin Ave. (northeast corner) — change the Use District — Local Retail Business District (O 544-07) ...... 785 Waterloo Rd. & E. 156th St. (lands fronting) — establish — Pedestrian Retail Overlay (PRO) District (O 499-07) ...... 785

Cleveland Housing Network

Cleveland Green Homes development — Cleveland Green Homes LP I — Cleveland Housing Network, Inc. — housing tax credits — Council’s support — Ohio Housing Finance Agency (R 751-07) ...... 778

Communications

Certified MBEs and FBEs, reporting period January — March, 2007 — Office of Equal Opportunity (F 754-07) ...... 767 Denials of Certifications, reporting period January — March, 2007 — Office of Equal Opportunity (F 755-07) ...... 767 Richard E. Jacobs Group, Inc., The — Annual report of Independent Auditor (F 757-07) ...... 767 Richard E. Jacobs Group, Inc., The — Auditor’s reports (F 758-07) ...... 767 Woodmere, Village of — copy of Res. No. 2007-25 — opposition to the quarterly customer service charge — water bills (F 756-07)...... 767

Community Development

AIDS-related services — contracts — various agencies or entities — Community Development or Public Health (O 740-07)...... 771 AIDS-related services — HOPWA Grant — contracts — various agencies or entities — Public Health or Community Development (O 734-07)...... 769 Cityworks Program — contracts — CDBG-eligible agencies (O 738-07) ...... 771 Cleveland Action to Support Housing, Inc. (CASH) — contracts — housing rehabilitation, new housing construction and commercial redevelopment loan programs (O 654-07) ...... 779 Community Development Department — administrative expenses — Community Development Block Grant & NEF Administrative Cost funds — appropriation — SAS software maintenance — contracts — Executive Information Systems, LLC (O 652-07) ...... 779 Community development programs — contracts — various social service agencies, community development or local development corporations and private for profit entities — memorandums of understanding — various City of Cleveland departments (O 653-07) ...... 779 Community garden program — contracts — non-profit agencies (O 655-07) ...... 779 Housing Trust Fund Program — contracts — various housing development entities (O 739-07) ...... 771 Housing, commercial, industrial & real estate development activities — contracts — various agencies (O 737-07) ...... 770 Lorain Ave., 11816-11824 — acquisition, capital reserves, and maintenance — Friends of the Historic Variety Theatre, Inc. (O 747-07) ...... 777 Social service programs — various agencies — Memoranda of Understanding — various Directors of City Departments — Greater New Calvary Baptist Church — facilities for recreation activities — Parks, Recreation and Properties (O 741-07) ...... 772 St. Michael’s Hospital site — Nurses Building & Main Hospital Building — demolition and environmental remediation — Cuyahoga County Redevelopment Fund — amend Ord. 1664-05 (O 647-07) ...... 779

Community Development Block Grant Program

Cityworks Program — contracts — CDBG-eligible agencies — Community Development (O 738-07) ...... 771 Community Development Department — administrative expenses — Community Development Block Grant & NEF Administrative Cost funds — appropriation — SAS software maintenance — contracts — Executive Information Systems, LLC (O 652-07) ...... 779

Condolences

Arcuri, Ralph (R 766-07) ...... 768 Jones, Marcee A. (R 765-07)...... 768 Lewis, Lillie Mae (R 764-07) ...... 768 Mitchell, Sr., Mello “Mell” (R 763-07) ...... 768 Whitaker, Sr., David W. (R 762-07) ...... 767

Congratulations

Hampton, Richard L. (R 767-07)...... 768 Jacupa, David & Renate — Founders of the International Center for Environmental Arts (R 768-07) ...... 768 798 May 9, 2007 The City Record 35

Contracts

AIDS-related services — various agencies or entities — Community Development or Public Health (O 740-07) ...... 771 AIDS-related services — HOPWA Grant — various agencies or entities — Public Health or Community Development (O 734-07) ...... 769 Cityworks Program — CDBG-eligible agencies — Community Development (O 738-07) ...... 771 Cleveland Action to Support Housing, Inc. (CASH) — housing rehabilitation, new housing construction and commercial redevelopment loan programs — Community Development (O 654-07) ...... 779 Community Development Department — administrative expenses — Community Development Block Grant & NEF Administrative Cost funds — appropriation — SAS software maintenance — Executive Information Systems, LLC (O 652-07) ...... 779 Community development programs — various social service agencies, community development or local development corporations and private for profit entities — memorandums of understanding — various City of Cleveland departments (O 653-07)...... 779 Community garden program — non-profit agencies — Community Development (O 655-07) ...... 779 Housing Trust Fund Program — various housing development entities — Community Development (O 739-07) ...... 771 Housing, commercial, industrial & real estate development activities — various agencies — Community Development (O 737-07)...... 770 Lorain Ave., 11816-11824 — acquisition, capital reserves, and maintenance — Friends of the Historic Variety Theatre, Inc. (O 747-07) ...... 777 Sustainability program-related projects — grants, gifts, and gifts of equipment and services — implement the projects (O 732-07)...... 768

Correction Division

Mercantile Rd., 23600, Unit J — lease property — Mercantile Associates — store goods — House of Corrections — Public Safety (O 736-07)...... 770

Dues

Membership dues — payment — various professional organizations (O 569-07) ...... 778

Economic Development Department

Broadway Ave., 5158 — sale City-owned property — Dr. Javier Lopez — amend Ord. 2210-05 (O 699-07)...... 791 Cleveland Industrial Retention Initiative — administration and staffing — grant agreement — Westside Industrial Retention and Expansion Network (O 537-07) ...... 778

Environmental Protection Agency

Project IMPACT — grant — Public Health (O 733-07) ...... 769

Female Business Enterprise

Certified MBEs and FBEs, reporting period January — March, 2007 — Office of Equal Opportunity (F 754-07) ...... 767 Denials of Certifications, reporting period January — March, 2007 — Office of Equal Opportunity (F 755-07)...... 767

Finance Department

Laboratory, medical, pharmaceutical supplies & equipment & nursing supplies- purchase — various divisions (O 570-07) ...... 778 Membership dues — payment — various professional organizations (O 569-07) ...... 778 Paper & envelopes — purchase — Division of Printing and Reproduction (O 636-07)...... 779 Welding equipment, supplies, & materials — purchase — various divisions (O 571-07)...... 778

Gifts

Sustainability program-related projects — grants, gifts, and gifts of equipment and services — contracts — implement the projects (O 732-07) ...... 768

Grants

Cleveland Industrial Retention Initiative — administration and staffing — grant agreement — Westside Industrial Retention and Expansion Network (O 537-07) ...... 778 NOACA’s Regional Pavement Management System — City’s participation — Northeast Ohio Area Coordinating Agency (O 493-07) ...... 789 Project IMPACT — U. S. Environmental Protection Agency — Public Health (O 733-07) ...... 769 Sustainability program-related projects — grants, gifts, and gifts of equipment and services — contracts — implement the projects (O 732-07) ...... 768 Women’s Health Services Program — Ohio Department of Health (O 735-07) ...... 770 799 36 The City Record May 9, 2007

Health Department

AIDS-related services — contracts — various agencies or entities — Community Development or Public Health (O 740-07)...... 771 AIDS-related services — HOPWA Grant — contracts — various agencies or entities — Public Health or Community Development (O 734-07)...... 769 Project IMPACT — grant — U. S. Environmental Protection Agency (O 733-07) ...... 769 Women’s Health Services Program — grant — Ohio Department of Health (O 735-07) ...... 770

Homeless

Cleveland Community Voice Mail Day — April 26, 2007 — service to the homeless (R 750-07) ...... 777

Housing

Housing Trust Fund Program — contracts — various housing development entities — Community Development (O 739-07)...... 771 Housing, commercial, industrial & real estate development activities — contracts — various agencies — Community Development (O 737-07) ...... 770

Housing Rehabilitation Program

Cleveland Action to Support Housing, Inc. (CASH) — contracts — housing rehabilitation, new housing construction and commercial redevelopment loan programs — Community Development (O 654-07)...... 779

Landmark Commission

Neal Terrace — Cleveland Landmark (O 731-07) ...... 768 Oppmann Terrace a.k.a. Boulevard Terrace Apartments — Cleveland Landmark (O 753-07) ...... 772 Sanderson-Makar House, The — Cleveland Landmark (O 742-07) ...... 772

Leases

Mercantile Rd., 23600, Unit J — lease property — Mercantile Associates — store goods — House of Corrections — Public Safety (O 736-07)...... 770 Social service programs — various agencies — Memoranda of Understanding — various Directors of City Departments — Greater New Calvary Baptist Church — facilities for recreation activities — Parks, Recreation and Properties (O 741-07) ...... 772

Liquor Permits

Bosworth Rd., 3655-57 — objection (Ward 19) (R 749-07) ...... 777 Cedar Ave., 7028 — objection — withdrawn (Ward 5) (R 709-07) ...... 788 Kinsman Ave., 13401 — objection — withdrawn (Ward 3) (R 710-07) ...... 789 Lakeside Ave., 1111 — transfer (Ward 13) (F 759-07) ...... 767 Lakewood Hgts. Blvd., 13501-05 — objection — withdrawn (Ward 19) (R 707-07) ...... 788 Payne Ave., 3133 — transfer (Ward 13) (F 760-07) ...... 767 Puritas Ave., 13925 — transfer (Ward 20) (F 761-07) ...... 767 W. 14th St., 3146 — objection — withdrawn (Ward 13) (R 708-07)...... 788 W. 73rd St., 3224 — objection (Ward 17) (R 706-07) ...... 788

Marathons

RiteAid Marathon and 10K, 29th — permit — Cleveland Marathon, Inc. (O 701-07)...... 792

Memoranda of Understanding

Community development programs — contracts — various social service agencies, community development or local development corporations and private for profit entities — memorandums of understanding — various City of Cleveland departments (O 653-07) ...... 779 Social service programs — various agencies — various Directors of City Departments — Greater New Calvary Baptist Church — facilities for recreation activities — Parks, Recreation and Properties (O 741-07) ...... 772

Minority Business Enterprises

Certified MBEs and FBEs, reporting period January — March, 2007 — Office of Equal Opportunity (F 754-07) ...... 767 Denials of Certifications, reporting period January — March, 2007 — Office of Equal Opportunity (F 755-07)...... 767

Neighborhood Equity Funds

Community Development Department — administrative expenses — Community Development Block Grant & NEF Administrative Cost funds — appropriation — SAS software maintenance — contracts — Executive Information Systems, LLC (O 652-07) ...... 779 800 May 9, 2007 The City Record 37

Office of Equal Opportunity

Certified MBEs and FBEs, reporting period January — March, 2007 (F 754-07) ...... 767 Denials of Certifications, reporting period January — March, 2007 (F 755-07)...... 767

Ohio Department of Public Health

Women’s Health Services Program — grant (O 735-07) ...... 770

Ohio Housing Finance Agency

Cleveland Green Homes development — Cleveland Green Homes LP I — Cleveland Housing Network, Inc. — housing tax credits — Council’s support (R 751-07) ...... 778

Ohio Municipal League

Membership dues — payment — various professional organizations (O 569-07) ...... 778

Parks, Recreation and Properties Department

Johnston Parkway Park Maintenance Station — erecting a fence (O 448-07) ...... 789 Social service programs — various agencies — Memoranda of Understanding — various Directors of City Departments — Greater New Calvary Baptist Church — facilities for recreation activities — Parks, Recreation and Properties (O 741-07) ...... 772

Permits

RiteAid Marathon and 10K, 29th — Cleveland Marathon, Inc. (O 701-07) ...... 792

Printing and Reproduction Division

Paper & envelopes — purchase (O 636-07) ...... 779

Public Hearings (Notices)

Chester Ave. north side (E. 90 St. & E. 97 St.) — change the zoning — Local Retail Business, a General Retail Business District and a ‘3’ Height District (O 69-07)...... 785 Detroit Ave. north side (between W. 65 St. to W. 67 St.) — change the Height District — ‘3’ Height District (O 71-07) ...... 785 E. 105th St. & Norman Ave. (northeast corner) — change the Use District — General Retail Business District (O 415-07) ...... 785 E. 152nd St. east and west side (north of Kinsman Rd.) — change the Use District — Residence Office District (O 70-07) ...... 785 E. 185th St. & Neff Rd. (northeast corner) — change the Use District — RA2 Townhouse District (O 145-07) ...... 785 E. 185th St. (between Lake Shore Blvd. & Waterloo Rd.) — establish — Pedestrian Retail Overlay (PRO) District (O 498-07) ...... 785 E. 33rd St. (west side) — north of Perkins Ave. — change the zoning — Residence Industry District (O 298-07) ...... 785 E. 41st St. & E. 43rd St. (between) — south of Superior Ave. — change the zoning - Semi-Industry (O 299-07) ...... 785 Father Caruso — northwest and southwest corners — W. 65th St. & W. 67th St. — change the zoning — Two Family Residential and a ‘1’ Height District (O 301-07) ...... 785 Kinsman Rd. & E. 123rd St. (southwest corner) — change the zoning — Local Retail Business and a ‘C’ Area District (O 300-07)...... 785 W. 65th St. & Franklin Ave. (northeast corner) — change the Use District — Local Retail Business District (O 544-07) ...... 785 Waterloo Rd. & E. 156th St. (lands fronting) — establish — Pedestrian Retail Overlay (PRO) District (O 499-07) ...... 785

Public Improvements

Johnston Parkway Park Maintenance Station — erecting a fence (O 448-07) ...... 789

Purchases and Supplies Division

Broadway Ave., 5158 — sale City-owned property — Dr. Javier Lopez — amend Ord. 2210-05 (O 699-07) ...... 791 Welding equipment, supplies, & materials — purchase — various divisions (O 571-07)...... 778

Recognition

International Fastener Machinery & Suppliers Association (R 771-07) ...... 768 Staples at Steelyard Commons (R 769-07) ...... 768 Wire Association International (R 770-07) ...... 768 801 38 The City Record May 9, 2007

Resolutions — Miscellaneous

Cleveland Community Voice Mail Day — April 26, 2007 — service to the homeless (R 750-07) ...... 777 Cleveland Green Homes development — Cleveland Green Homes LP I — Cleveland Housing Network, Inc. — housing tax credits — Council’s support — Ohio Housing Finance Agency (R 751-07) ...... 778

Safety Department

Mercantile Rd., 23600, Unit J — lease property — Mercantile Associates — store goods — House of Corrections (O 736-07)...... 770

Service Department

Battery Park residential development — Open House — banners (O 705-07) ...... 793 Disposal of municipal solid waste — contingency services — Division of Waste Collection and Disposal (O 494-07) ...... 790 Furniture, fixtures, and equipment — purchase — Division of Architecture (O 534-07)...... 791 Mt. Olive Missionary Baptist Church — banners — church’s 100th Year Anniversary (O 702-07) ...... 792 NOACA’s Regional Pavement Management System — City’s participation — grant — Northeast Ohio Area Coordinating Agency (O 493-07) ...... 789 Poland St. — secondary name — E. 66th St. (between Lansing Ave. & Warsaw Ave.) (O 748-07)...... 772 RiteAid Marathon and 10K, 29th — permit — Cleveland Marathon, Inc. (O 701-07)...... 792 Unity Baptist Church — banners — church’s 89th anniversary (O 703-07) ...... 792 West Side Ecumenical Ministry — banner — Head Start (O 704-07)...... 793 Willard Park garage and Gateway garages — general improvements — amend Ord. 837-05 (O 536-07) ...... 791

State of Ohio

NOACA’s Regional Pavement Management System — City’s participation — grant — Northeast Ohio Area Coordinating Agency (O 493-07) ...... 789

Streets — Name

Poland St. — secondary name — E. 66th St. (between Lansing Ave. & Warsaw Ave.) (O 748-07)...... 772

Utilities Department

Sustainability program-related projects — grants, gifts, and gifts of equipment and services — contracts — implement the projects (O 732-07) ...... 768

Ward 01

Seville Rd., (south side property) — changing the Use District — Semi-Industry (O 745-07) ...... 775

Ward 02

Jones, Marcee A. — condolence (R 765-07) ...... 768

Ward 03

E. 152nd St. east and west side (north of Kinsman Rd.) — change the Use District — Residence Office District (O 70-07) ...... 785 Kinsman Ave., 13401 — objection — withdrawn — liquor permit (R 710-07) ...... 789 Kinsman Rd. & E. 123rd St. (southwest corner) — change the zoning — Local Retail Business and a ‘C’ Area District (O 300-07)...... 785 Mt. Olive Missionary Baptist Church — banners — church’s 100th Year Anniversary (O 702-07) ...... 792 Unity Baptist Church — banners — church’s 89th anniversary (O 703-07) ...... 792

Ward 05

Broadway Ave., 5158 — sale City-owned property — Dr. Javier Lopez — amend Ord. 2210-05 (O 699-07) ...... 791 Cedar Ave., 7028 — objection — withdrawn — liquor permit (R 709-07) ...... 788

Ward 06

E. 105th St. & Norman Ave. (northeast corner) — change the Use District — General Retail Business District (O 415-07) ...... 785 RiteAid Marathon and 10K, 29th — permit — Cleveland Marathon, Inc. (O 701-07)...... 792 802 May 9, 2007 The City Record 39

Ward 07

Chester Ave. north side (E. 90 St. & E. 97 St.) — change the zoning — Local Retail Business, a General Retail Business District and a ‘3’ Height District (O 69-07)...... 785 Hampton, Richard L. — congratulation (R 767-07) ...... 768 Lewis, Lillie Mae — condolence (R 764-07) ...... 768 RiteAid Marathon and 10K, 29th — permit — Cleveland Marathon, Inc. (O 701-07)...... 792

Ward 08

Cleveland Green Homes development — Cleveland Green Homes LP I — Cleveland Housing Network, Inc. — housing tax credits — Council’s support — Ohio Housing Finance Agency (R 751-07) ...... 778 RiteAid Marathon and 10K, 29th — permit — Cleveland Marathon, Inc. (O 701-07)...... 792 Whitaker, Sr., David W. — condolence (R 762-07) ...... 767

Ward 09

RiteAid Marathon and 10K, 29th — permit — Cleveland Marathon, Inc. (O 701-07)...... 792

Ward 10

Social service programs — various agencies — Memoranda of Understanding — various Directors of City Departments — Greater New Calvary Baptist Church — facilities for recreation activities — Parks, Recreation and Properties (O 741-07) ...... 772

Ward 11

E. 185th St. & Neff Rd. (northeast corner) — change the Use District — RA2 Townhouse District (O 145-07) ...... 785 E. 185th St. (between Lake Shore Blvd. & Waterloo Rd.) — establish — Pedestrian Retail Overlay (PRO) District (O 498-07) ...... 785 Waterloo Rd. & E. 156th St. (lands fronting) — establish — Pedestrian Retail Overlay (PRO) District (O 499-07) ...... 785

Ward 12

E. 80th St. (west side), Aetna Rd. (north) — change the zoning — Semi-Industry (O 743-07) ...... 773 Poland St. — secondary name — E. 66th St. (between Lansing Ave. & Warsaw Ave.) (O 748-07)...... 772

Ward 13

Council Meeting location — Josaphat Arts Hall/Covivium 33 Gallery — May 14, 2007 (R 711-07) ...... 789 E. 33rd St. (west side) — north of Perkins Ave. — change the zoning — Residence Industry District (O 298-07) ...... 785 E. 41st St. & E. 43rd St. (between) — south of Superior Ave. — change the zoning — Semi-Industry (O 299-07) ...... 785 Payne Ave., 3133 — transfer — liquor permit (F 760-07) ...... 767 RiteAid Marathon and 10K, 29th — permit — Cleveland Marathon, Inc. (O 701-07)...... 792 Sanderson-Makar House, The — Cleveland Landmark (O 742-07) ...... 772 Staples at Steelyard Commons — recognition (R 769-07) ...... 768 W. 14th St. (west side) — Castle Ave. (north) — Mentor Ave. (south) — changing the Use District of land — Urban Garden District (O 744-07) ...... 774 W. 14th St., 3146 — objection — withdrawn — liquor permit (R 708-07)...... 788

Ward 14

Jacupa, David & Renate — Founders of the International Center for Environmental Arts — congratulation (R 768-07) ...... 768 RiteAid Marathon and 10K, 29th — permit — Cleveland Marathon, Inc. (O 701-07)...... 792

Ward 17

Battery Park residential development — Open House — banners (O 705-07) ...... 793 Detroit Ave. north side (between W. 65 St. to W. 67 St.) — change the Height District — ‘3’ Height District (O 71-07) ...... 785 Father Caruso — northwest and southwest corners — W. 65th St. & W. 67th St. — change the zoning — Two Family Residential and a ‘1’ Height District (O 301-07) ...... 785 RiteAid Marathon and 10K, 29th — permit — Cleveland Marathon, Inc. (O 701-07)...... 792 W. 65th St. & Franklin Ave. (northeast corner) — change the Use District — Local Retail Business District (O 544-07) ...... 785 W. 73rd St., 3224 — objection — liquor permit (R 706-07) ...... 788 West Side Ecumenical Ministry — banner — Head Start (O 704-07)...... 793 803 40 The City Record May 9, 2007

Ward 18

Mitchell, Sr., Mello “Mell” — condolence (R 763-07) ...... 768 Neal Terrace — Cleveland Landmark (O 731-07) ...... 768 RiteAid Marathon and 10K, 29th — permit — Cleveland Marathon, Inc. (O 701-07)...... 792

Ward 19

Bosworth Rd., 3655-57 — objection — liquor permit (R 749-07) ...... 777 Lakewood Hgts. Blvd., 13501-05 — objection — withdrawn — liquor permit (Ward 19) (R 707-07) ...... 788 Lorain Ave., 11816-11824 — acquisition, capital reserves, and maintenance — Friends of the Historic Variety Theatre, Inc. (O 747-07) ...... 777 Oppmann Terrace a.k.a. Boulevard Terrace Apartments — Cleveland Landmark (O 753-07) ...... 772

Ward 20

Grayton Rd. (east side property) — Brookpark Rd. (north) — Changing the Use District — Residence Office District (O 746-07) ...... 776 International Fastener Machinery & Suppliers Association — recognition (R 771-07)...... 768 Puritas Ave., 13925 — transfer — liquor permit (F 761-07) ...... 767 Wire Association International — recognition (R 770-07) ...... 768

Waste Collection and Disposal Division

Disposal of municipal solid waste — contingency services (O 494-07)...... 790

Water Service Charges

Woodmere, Village of — copy of Res. No. 2007-25 — opposition to the quarterly customer service charge — water bills (F 756-07)...... 767

Willard Park Garage

General improvements — Willard Park garage and Gateway garages — amend Ord. 837-05 (O 536-07)...... 791

Zoning

Chester Ave. north side (E. 90 St. & E. 97 St.) — change the zoning — Local Retail Business, a General Retail Business District and a ‘3’ Height District (O 69-07)...... 785 Detroit Ave. north side (between W. 65 St. to W. 67 St.) — change the Height District — ‘3’ Height District (O 71-07) ...... 785 E. 105th St. & Norman Ave. (northeast corner) — change the Use District — General Retail Business District (O 415-07) ...... 785 E. 152nd St. east and west side (north of Kinsman Rd.) — change the Use District — Residence Office District (O 70-07) ...... 785 E. 185th St. & Neff Rd. (northeast corner) — change the Use District — RA2 Townhouse District (O 145-07) ...... 785 E. 185th St. (between Lake Shore Blvd. & Waterloo Rd.) — establish — Pedestrian Retail Overlay (PRO) District (O 498-07) ...... 785 E. 33rd St. (west side) — north of Perkins Ave. — change the zoning — Residence Industry District (O 298-07) ...... 785 E. 41st St. & E. 43rd St. (between) — south of Superior Ave. — change the zoning — Semi-Industry (O 299-07) ...... 785 E. 80th St. (west side), Aetna Rd. (north) — change the zoning — Semi-Industry (O 743-07) ...... 773 Father Caruso — northwest and southwest corners — W. 65th St. & W. 67th St. — change the zoning — Two Family Residential and a ‘1’ Height District (O 301-07) ...... 785 Grayton Rd. (east side property) — Brookpark Rd. (north) — Changing the Use District — Residence Office District (O 746-07) ...... 776 Kinsman Rd. & E. 123rd St. (southwest corner) — change the zoning — Local Retail Business and a ‘C’ Area District (O 300-07)...... 785 Seville Rd., (south side property) — changing the Use District — Semi-Industry (O 745-07) ...... 775 W. 14th St. (west side) — Castle Ave. (north) — Mentor Ave. (south) — changing the Use District of land — Urban Garden District (O 744-07) ...... 774 W. 65th St. & Franklin Ave. (northeast corner) — change the Use District — Local Retail Business District (O 544-07) ...... 785 Waterloo Rd. & E. 156th St. (lands fronting) — establish — Pedestrian Retail Overlay (PRO) District (O 499-07) ...... 785 804