T h e C i t y Re c o rd O fficial Publication of the City of Cleve l a n d

February the Seventh, Two Thousand and One

Mayor Containing PAGE Michael R. White City Council 3 The Calendar 22 President of Council Board of Control 29 Michael D. Polensek Civil Service 33 Board of Zoning Appeals 33 Clerk of Council Board of Building Standards Ruby F. Moss and Building Appeals 34 Public Notices 34 Ward Name Public Hearings 34 1 Joseph T. Jones City of Bids 34 2 Robert J. White Adopted Resolutions 3 Zachary Reed and Ordinances 35 4 Kenneth L. Johnson Committee Meetings 45 5 Frank G. Jackson Index 45 6 Patricia J. Britt 7 Fannie M. Lewis 8 William W. Patmon 9 Craig E. Willis 10 Roosevelt Coats 11 Michael D. Polensek PRESORTED STANDARD U. S. POSTAGE PAID 12 Edward W. Rybka CLEVELAND, 13 Joe Cimperman Permit No. 1372 14 Nelson Cintron, Jr. 15 Merle R. Gordon 16 Michael C. O’Malley 17 Timothy J. Melena 18 Jay Westbrook 19 Dona Brady 20 Martin J. Sweeney 21 Michael A. Dolan

RECYCLE...... Save the Future

Pr inted on Recycled Pap e r. . . . . Council Cares DIRECTORY OF CITY OFFICIALS

CITY COUNCIL–LEGISLATIVE Parking Facilities – Dennis Donahue, Commissioner, , President of Council–Michael D. Polensek E. 6th and Lakeside Ave. Wa r d Na m e Re s i d e n c e Park Maintenance and Properties – Richard L. Silva, Commissioner, Public 1 Joseph T. Jones ...... 4691 East 177th Street 44 1 2 8 Auditorium – E. 6th & Lakeside. 2 Robert J. White ...... 3760 East 126th Street 44 1 0 5 Recreation – Michael Cox, Commissioner, Room 8 3 Zachary Reed...... 3232 East 119th Street 44 1 2 0 Research, Planning & Development – Mark Fallon, Commissioner, 1501 4 Kenneth L. Johnson ...... 2948 Hampton Road 44 1 2 0 N. Marginal Road, Burke Lakefront Airport 5 Frank G. Jackson ...... 2327 East 38th Street 44 1 1 5 6 Patricia J. Britt ...... 12402 Britton Drive 44 1 2 0 DEPT. OF COMMUNITY DEVELOPMENT – Linda M. Hudecek, Director, 7 Fannie M. Lewis...... 7416 Star Avenue 44 1 0 3 3rd Floor, City Hall. 8 William W. Patmon ...... 867 East Boulevard 44 1 0 8 DIVISIONS – Administrative Services – Terrence Ross, Commissioner. 9 Craig E. Willis ...... 11906 Beulah Avenue 44 1 0 6 Neighborhood Services – Louise V. Jackson, Commissioner. 10 Roosevelt Coats...... 1775 Cliffview Road 44 1 1 2 Neighborhood Development – Donald T. Moss, Commissioner. 11 Michael D. Polensek ...... 17855 Brian Avenue 44 1 1 9 Building & Housing – Robert Vilkas, Commissioner, 5th Floor, City Hall. 12 Edward W. Rybka ...... 6832 Indiana Avenue 44 1 0 5 DEPT. OF PERSONNEL AND HUMAN RESOURCES – Jeffrey K. Patterson, Di r e c t o r , 13 Joe Cimperman...... 3053 West 12th Street 44 1 1 3 14 Nelson Cintron, Jr...... 3004 Vega Avenue 44 1 1 3 Room 121 15 Merle R. Gordon...... 1700 Denison Avenue 44 1 0 9 DEPT. OF ECONOMIC DEVELOPMENT – Christopher P. Warren, Director, 16 Michael C. O’Malley...... 6710 Brookside Drive 44 1 4 4 Room 210 17 Timothy J. Melena ...... 6110 West Clinton Avenue 44 1 0 2 DEPT. OF AGING – Dolores Alexander, Director, Room 122 18 Jay Westbrook ...... 10513 Clifton Boulevard 44 1 0 2 19 Dona Brady...... 3466 Bosworth Road 44 1 1 1 COMMUNITY RELATIONS BOARD – Room 11, Dennis D. Dove, Director; Mayor 20 Martin J. Sweeney ...... 3632 West 133rd Street 44 1 1 1 Michael R. White, Chairman Ex–Officio; Mary Adele Springman, 21 Michael A. Dolan ...... 16519 West Park Road 44 1 1 1 Vice–Chairman; Councilman Dona Brady, Councilman Joe Cimperman, Clerk of Council – Ruby F. Moss, 216 City Hall, 664–2840. City Council Representatives; Rev. Bruce Goode, Paula Castleberry, First Assistant Clerk – Sandra Franklin. Charles E. McBee, Mary Adele Springman, Esq., Terez E. Woods, Emmett MAYOR – Michael R. White Saunders, John Banno, Mary Jane Buckshot, Kathryn M. Hall, Raymond Judith Zimomra, Chief of Staff Negron, Evangeline Hardaway, Edna Fuentes-Casiano, Janet Jankura, Ba r r y Withers, Executive Assistant for Administration Gia Hoa Ryan. Susan E. Axelrod, Senior Executive Assistant for Health and Human Services CIVIL SERVICE COMMISSION – Room 119, Anne Bloomberg, President; Kenneth Silliman, Executive Assistant for Development ______, Vice President; Gregory J. Wilson, Secretary; Nicholas P. Jackson, Executive Assistant for Services Nina Turner, Executive Assistant for Legislative Affairs Timothy J. Cosgrove, Member, Rev. Earl Preston, Member. Lucille Ambroz, Director, Office of Equal Opportunity SINKING FUND COMMISSION – Michael R. White, President; Betsy Hruby, As s t . DEPT. OF LAW – Cornell P. Carter, Director, Pinky Carr, Chief Counsel, Sec’y.; ______, Director; Council President Michael D. Polensek. Room 106 BOARD OF ZONING APPEALS – Room 516, Carol Johnson, Chairman; Members; Lauren Moore, Chief City Prosecutor; Criminal Branch – Justice Center Chris Carmody, Margreat Hopkins, Ozell Dobbins, Tony Petkovsek, 8th Floor, Court Towers, 1200 Ontario Street Eugene Cranford, Jr., Secretary. Karen E. Martines, Law Librarian, Room 100 BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F. DEPT. OF FINANCE – Ronald E. Brooks, Director, Room 104; Denk, Chairman; J. Bowes, James Williams, Alternate Members – D. Cox, Frank Badalamenti, Manager, Internal Audit P. Frank, E. P. O’Brien, Richard Pace, Arthur Saunders, J.S. Su l l i v a n . DIVISIONS – Accounts – Marilyn Henderson, Commissioner, Room 19 City Treasury – Algeron Walker, Treasurer, Room 115 BOARD OF REVISION OF ASSESSMENTS – Law Director Cornell P. Carter, Assessments and Licenses – Robert C. Brown, Commissioner, President; Finance Director Ronald E. Brooks, Secretary; Council President Room 122 Michael D. Polensek. Purchases and Supplies – Myrna Branche, Commissioner, Room 128 BOARD OF SIDEWALK APPEALS – Service Director Mark Ricchiuto; Law Printing and Reproduction – Diante Fritzgerald, Acting Commissioner, Director Cornell P. Carter; Councilman Nelson Cintron, Jr. 1735 Lakeside Avenue Taxation – Nassim Lynch, Tax Administrator, 1701 Lakeside Avenue BOARD OF REVIEW – (Municipal Income Tax) – Law Director Cornell P. Financial Reporting and Control – Robert Dolan, Controller, Room 18 Carter; Utilities Director Michael Konicek; Council President Michael D. Information Systems Services – Daniel Jarvis, Commissioner, Po l e n s e k . 1404 E. 9th St. CITY PLANNING COMMISSION – Room 501 – Hunter Morrison, Director; DEPT. OF PUBLIC UTILITIES – Michael Konicek, Director, 1201 Lakeside Anthony J. Coyne, Acting Chairman; David Bowen, Lillian W. Burke, Av e n u e Lawrence A. Lumpkin, Gloria Jean Pinkney, Rev. Edward D. Small, DIVISIONS – 1201 Lakeside Avenue Councilman Joseph Cimperman. Water – Julius Ciaccia, Jr., Commissioner CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Water Pollution Control – Darnell Brown, Commissioner Chairman; Clint Martin, Mark Rivera. Utilities Fiscal Control – Morry Blech, Commissioner Cleveland Public Power – James F. Majer, Commissioner MORAL CLAIMS COMMISSION – Law Director Cornell P. Carter; Chairman; Street Lighting Bureau – Frank Schilling, Acting Chief. Finance Director Ronald E. Brooks; Council President Michael D. Polensek; DEPT. OF PORT CONTROL – Reuben Sheperd, Director, Councilman Bill Patmon; Councilman Martin J. Sweeney. Cleveland Hopkins International Airport, 5300 Riverside Drive; BOARD OF EXAMINERS OF ELECTRICIANS – Samuel Montfort, Chairman; Cleveland Hopkins International Airport – Mark D. Vanloh, Commissioner Donald Baulknilght, Anton J. Eichmuller, J. Gilbert Steele, Raymond Burke Lakefront Airport – ______, Commissioner Ossovicki, Chief Electrical Inspector; Laszlo V. Kemes, Secretary to the DEPT. OF PUBLIC SERVICE – Mark Ricchiuto, Director, Room 113 Bo a r d . DIVISIONS – Waste Collection and Disposal – Randell T. Scott, Acting BOARD OF EXAMINERS OF PLUMBERS – Joseph Gyorky, Chairman; Earl Commissioner, 5600 Carnegie Avenue. S. Bumgarner, Alfred Fowler, Jozef Valencik, Lawrence Skule, Chief Streets – Randell T. Scott, Commissioner, Room 25 Plumbing Inspector; Laszlo V. Kemes, Secretary to the Board. Engineering and Construction – Randall E. DeVaul, Commissioner, Room 518 CLEVELAND LANDMARKS COMMISSION – Room 519 – Richard Schanfarber, Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Chairman; Paul Volpe, Vice Chairman; Paul Burik, James Gibans, Sandra Ha r v a r d Ya r d s Morgan, Hunter Morrison, Theodore Sande, Galen Schuerlein, Randall Architecture – Paul Burik, Acting Commissioner, Room 517 Shorr, Councilman Joseph Cimperman, Councilman Timothy J. Melena, DEPT. OF PUBLIC HEALTH – Michele C. Whitlow, Director, Mural Building Robert Keiser, Executive Secretary. 1925 St. Clair Avenue CLEVELAND MUNICIPAL COURT JUSTICE CENTER–1200 ONTARIO DIVISIONS – Health – Cheri Hahn, Commissioner, Mural Building, CENTRAL SCHEDULING DEPARTMENT 1925 St. Clair Avenue JUDGE COURTROOM ASSIGNMENTS Environment – Donald Culp, Commissioner, Mural Building, 1 9 2 5 St. Clair Avenue Ju d g e Co u r t r o o m Correction – Thomas Hardin, Commissioner, Cleveland House of Presiding and Administrative Judge Larry A. Jones 13 C Corrections, 4041 Northfield Road Judge Ronald B. Adrine 15 A Judge C. Ellen Connally 15 C DEPT. OF PUBLIC SAFETY – Henry Guzmán, Director, Room 230. DIVISIONS \ Police \ Martin L. Flask, Chief, Police Hdqtrs. Bldg., Judge Sean C. Gallagher 12 C 1300 Ontario Street Judge Mabel M. Jasper 14 D Fire – Kevin G. Gerrity, Chief, 1645 Superior Avenue Judge Kathleen Ann Keough 13 D Traffic Engineering & Parking – Lt. Richard Petrencsik, C o m m i s s i o n e r , Judge Mary E. Kilbane 14 C 4150 East 49th Street, Building #1 Judge Ralph J. Perk, Jr. 14 B Dog Pound – John Baird, Chief Dog Warden, 2690 W. 7th Street Judge Raymond L. Pianka (Housing Court Judge) 13 B Emergency Medical Service – Edward Eckart, C o m m i s s i o n e r , Judge Angela R. Stokes 13 A 1708 South Pointe Drive Judge Robert J. Triozzi 14 A DEPT. OF PARKS, RECREATION & PROPERTIES – Alfred T. Miller, Jr., Judge Joseph J. Zone 12 A Director, Cleveland Convention Center, Clubroom A, 1220 E. 6th St. DIVISIONS – Convention Center & Stadium – James Glending, Earle B. Turner – Clerk of Courts, Linda M. DeLillo–Court Administrator, Commissioner, Public Auditorium, E. 6th and Lakeside Ave. Robert C. Townsend, II–Bailiff; Kenneth Thomas–Chief Probation Officer, Property Management – Tom Nagle, Commissioner, East 49th & Harvard Michelle L. Paris–Chief Magistrate The City Re c o rd

Vol. 88 W E D N E S DAY, FEBRUA RY 7, 2001 No. 4548 CITY COUNCIL OFFICIAL PUBLICATIONMONDAY, FRBROFUARYTHE 5, CITY2001 OF CLEVELAND

The City Record WEDNESDAY—Alternating COMMUNICATIONS Published weekly under authority 10:00 A.M.—Aviation & Transporta- File No. 148-01. of the Charter of the tion Committee: Dolan, Chairman; O’Malley, Vice Chairman; Brady, City of Cleveland February 1, 2001 Subscription (by mail) $75.00 a year Jones, Patmon, Rybka, Sweeney. 10:00 A.M.—Public Safety Commit- January 1 to December 31 Director Chris Warren tee: Polensek, Chairman; Patmon, Interim subscriptions prorated Department of Economic Development Vice Chairman; Britt, Cimperman, Room 210, City Hall $6.25 per month Coats, Gordon, Jackson, Melena, Address all communications to 601 Lakeside Avenue Sweeney. Cleveland, Ohio 44114 RUBY F. MOSS WEDNESDAY—Alternating Dear Director Warren: Clerk of Council 216 City Hall 1:30 P.M.—Public Utilities Com- Please note that I hereby appoint m i t t e e : O’Malley, Chairman; Pat- Councilman Robert J. White III to mon, Vice Chairman; Britt, Coats, serve on the Fair Employment PERMANENT SCHEDULE Dolan, Melena, Polensek, Westbrook, Wage Board according to Section Wi l l i s . STANDING COMMITTEES 189.04 of the Codified Ordinances of 1:30 P.M.—City Planning Commit- the City of Cleveland. OF THE COUNCIL tee: Cimperman, Chairman; Rybka, If you should have any questions, 1998-2001 Vice Chairman; Dolan, Jackson, please feel free to contact me at O’Malley, Reed, White. once. Thank you. MONDAY The following Committee is sub- Sincerely yours, 9:30 A.M.—Public Parks, Property ject to the Call of the Chairman: Michael D. Polensek & Recreation Committee: Rybka, Mayor’s Appointment Committee: President of Council Chairman; Dolan, Vice Chairman; O’Malley, Chairman; Britt, Cimper- Brady, Britt, Johnson, Reed, Swee- man, Patmon, Sweeney. Received. Without objection, ap- ney. pointment approved. MONDAY—Alternating OFFICIAL PROCEEDINGS File No. 149-01. CITY COUNCIL 11:00 A.M.—Public Service Commit- ______February 1, 2001 tee: Cintron, Chairman; Sweeney, Vice Chairman; Coats, Johnson, Cleveland, Ohio Director Linda Hudecek Jones, Melena, O’Malley, Westbrook, Monday, February 5, 2001. Department of Community Development Willis. The meeting of the Council was Third Floor, City Hall 11:00 A.M.—Employment, Affirma- called to order, the President, 601 Lakeside Avenue tive Action & Training Committee: Michael D. Polensek, in the Chair. Cleveland, Ohio 44114 White, Chairman; Lewis, Vice Chair- Councilmen present: Brady, Britt, man; Cintron, Coats, Gordon, John- Cimperman, Cintron, Coats, Dolan, Dear Director Hudecek: son, Jones. Gordon, Jackson, Johnson, Lewis, Please note that I hereby appoint Melena, O’Malley, Patmon, Reed, Councilwoman Dona Brady to serve MONDAY Rybka, Sweeney, Westbrook, White on the Housing Advisory Board and Willis. according to Section 160.10 of the 2:00 P.M.—Finance Committee: Pat- Also present were Directors mon, Chairman; Rybka, Vice Chair- Codified Ordinances of the City of Carter, Brooks, Konicek, Ricchiuto, man; Britt, Cintron, Dolan, Lewis, Cleveland. Whitlow, Miller, Hudecek, Warren, Melena, O’Malley, Polensek, Swee- If you should have any questions, Patterson, Alexander, Dove, Morri- ney, White. please feel free to contact me at son, McCall and Acting Directors once. Thank you. TUESDAY Balraj and Szabo. Absent: Mayor White and Direc- Sincerely yours, 9:30 A.M.—Community and Eco- tors Guzman and Sheperd. Michael D. Polensek nomic Development Committee: President of Council Melena, Chairman; Lewis, Vice Pursuant to Ordinance No. 2976-76, Chairman; Brady, Cimperman, Cin- the Council Meeting was opened Received. Without objection, ap- tron, Jackson, Johnson, Jones, with a prayer offered by Rev. Jesse pointment approved. Willis. Harris, Pastor of Tabernacle Baptist Church, located at 2042 West 26th File No. 150-01. TUESDAY—Alternating Street in Ward 14. Pledge of Alle- From the Department of Commu- giance. nity Development re: Performance 1:00 P.M.—Public Health Commit- Report — Community Development tee: Gordon, Chairman; Brady, Vice MOTION Block Grant Program — January 1 - Chairman; Cimperman, Jackson, December 31, 2000. Received. Reed, Westbrook, Willis. On the motion of Councilman 1:30 P.M.—Legislation Committee: Johnson, the reading of the minutes File No. 151-01. Lewis, Chairman; Jones, Vice Chair- of the last meeting was dispensed From Jacobs Investments Man- man; Coats, Gordon, Reed, West- with and the journal approved. Sec- agement Co., Inc. re: gift of Deco- brook, White. onded by Councilman Dolan. rative Bridge Lighting — City — 157 4 The City Record February 7, 2001 accept; and license for maintenance File No. 155-01. CONDOLENCE RESOLUTIONS by the City of Cleveland. Received. Re: Transfer of Ownership Appli- cation - 6416010 - Nisreen Nenra, Inc. The rules were suspended and the File No. 1729-2000-A. d.b.a. Saveway Food, 2623 Woodhill following Resolutions were adopted From Adelphia Cleveland, LLC re: Road, first floor only. (Ward 6). by a rising vote: certificate of Insurance and Con- Received. struction Bond, as required by Ord. Res. No. 159-01—James O’Neil John- No. 1729-2000. Received. so n . File No. 156-01. Res. No. 160-01—Capt. Howard Jerome FROM DEPARTMENT OF Re: Transfer of Ownership Appli- Ev a n s . LIQUOR CONTROL cation - 00372920001 - Abuz Co., d.b.a. Res. No. 161-01—Edna Peterson Tray- Miles Beverage & Deli, 9915 Miles lo r . File No. 152-01. Avenue. (Ward 2). Received. Res. No. 162-01—Willie Lewis Ray. Re: New Application - 6208651 - Mr. Res. No. 163-01—Conor J. Murphy. Bill’s Tavern, Inc., 2130 East 9th Street, first floor and basement. File No. 157-01. CONGRATULATION RESOLUTIONS (Ward 13). Received. Re: Transfer of Location Applica- tion - 33033020003 - Gourmet Express, The rules were suspended and fol- File No. 153-01. Inc., d.b.a. Fruit Baskets by Maury, lowing Resolution was adopted Re: New Application - 56036170030 - 4481 Johnston Parkway. (Ward 1). without objection: Mascot Petroleum Co., Inc., d.b.a. Received. Sunoco Marketing, 3500 Brookpark Res. No. 164-01—Julia Rudolph. Road. (Ward 16). Received. File No. 158-01. RECOGNITION RESOLUTIONS File No. 154-01. Re: Stock Transfer Application - Re: Transfer of Ownership Appli- 7403184 - Ritz Carlton Hotel, Co. The rules were suspended and fol- cation - 73954740002 - Risko, Inc., LLC, d.b.a. Ritz Carlton Cleveland, lowing Resolution was adopted 4690 West 130th Street, first floor basement, 1st, 6th - 12th, 14th floors, without objection: and basement south side. (Ward 20). 15 West Third Street. (Ward 13). Received. Received. Res. No. 165-01—Geneva Shipps.

FIRST READING EMERGENCY ORDINANCES REFERRED

Ord. No. 138-01. By Councilman Patmon (by departmental request). An emergency ordinance to make appropriations for the current expenses of the City of Cleveland for the year 2001. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That to provide for the current expenses for the City of Cleveland for the fiscal year ending December 31, 2001, the following sums be and they are hereby appropriated viz: The sum of Four Hundred Eighty Eight Million Five Hundred Fifty Five Thousand Eight Hundred Sixty Four Dollars ($488,555,864) from the General Fund; The sum of Sixty Three Million Eight Hundred Thirty Three Thousand Nine Hundred Ninety Dollars ($63,833,990) from the Special Revenue Funds; The sum of Twenty Six Million Five Hundred Twelve Thousand Eight Hundred Eighty Seven Dollars ($26,512,887) from the Internal Service Funds; The sum of Five Hundred Forty Eight Million Nine Hundred Thirty Thousand Nine Hundred Twenty Dollars ($548,930,920) from the Enterprise Funds; The sum of Seven Million Six Thousand Eight Hundred Seventy Nine Dollars ($7,006,879) from the Trust and Agency Funds; The sum of Forty Five Million Five Hundred Twenty Four Thousand Five Hundred Forty One Dollars ($45,524,541) from the Debt Service Fund; All set forth in the Mayor’s Estimate on file with Council and identified as File No. 138-01-A in the aggregate amount for each department as follows:

APPROPRIATION FOR THE YEAR 2001

GENERAL FUND

Legislative Branch $5,284,923 Municipal Court 25,955,464 Executive Branch Office of the Mayor 1,664,570 Department of Public Safety 272,193,103 Community Relations Board 1,015,099 Department of Public Service 34,343,317 Department of Parks, Recreation & Properties 40,913,611 Boxing & Wrestling Commission 8,712 Urban Planning & Development 21,469,042 Department of Public Health 13,394,559 Department of Aging 308,478 Support Functions 39,644,302 Transfers to Other Funds 32,360,684

TOTAL EXECUTIVE BRANCH $457,315,477 TOTAL GENERAL FUND $488,555,864 158 February 7, 2001 The City Record 5

Special Revenue Funds $63,833,990 Debt Service Funds 45,524,541 Internal Service Funds 26,512,887 Enterprise Funds 548,930,920 Trust and Agency Funds 7,006,879

TOTAL APPROPRIATIONS FOR 2001 $1,180,365,081

GENERAL GOVERNMENT

LEGISLATIVE BRANCH

Council and Clerk of Council $5,284,923 I. Personnel and Related Expenses $3,192,818 II. Other Expenses $2,092,105

TOTAL LEGISLATIVE BRANCH $5,284,923 $5,284,923

MUNICIPAL COURT

Municipal Court - Judicial Division $15,254,642 I. Personnel and Related Expenses $13,532,275 II. Other Expenses 1,722,367

Municipal Court - Housing Division $2,229,127 I. Personnel and Related Expenses $2,137,022 II. Other Expenses 92,105

Municipal Court - Clerk’s Division $8,471,695 I. Personnel and Related Expenses $6,578,462 II. Other Expenses 1,893,233

TOTAL MUNICIPAL COURT $25,955,464 $25,955,464

EXECUTIVE BRANCH

Office of the Mayor $1,664,570 I. Personnel and Related Expenses $1,426,289 II. Other Expenses 238,281

TOTAL EXECUTIVE BRANCH $1,664,570 $1,664,570

DEPARTMENT OF PUBLIC SAFETY

Public Safety Administration $4,502,863 I. Personnel and Related Expenses $3,899,205 II. Other Expenses 603,658

Division of Police $170,373,661 I. Personnel and Related Expenses $159,552,164 II. Other Expenses 10,821,497

Division of Fire $75,392,086 I. Personnel and Related Expenses $71,993,613 II. Other Expenses 3,398,473

Division of Emergency Medical Services $17,233,440 I. Personnel and Related Expenses $16,145,600 II. Other Expenses 1,087,840

Division of Traffic Engineering $3,877,428 I. Personnel and Related Expenses $3,032,269 II. Other Expenses 845,159

Division of Dog Pound $813,625 I. Personnel and Related Expenses $708,712 II. Other Expenses 104,913

TOTAL DEPARTMENT OF PUBLIC SAFETY $272,193,103 $272,193,103

COMMUNITY RELATIONS BOARD

Community Relations Board $1,015,099 I. Personnel and Related Expenses $929,999 II. Other Expenses 85,100

TOTAL COMMUNITY RELATIONS BOARD $1,015,099 $1,015,099 159 6 The City Record February 7, 2001

DEPARTMENT OF PUBLIC SERVICE

Public Service Administration $460,508 I. Personnel and Related Expenses $441,980 II. Other Expenses 18,528

Division of Architecture $625,965 I. Personnel and Related Expenses $593,670 II. Other Expenses 32,295

Division of Waste Collection and Disposal $27,820,223 I. Personnel and Related Expenses $15,416,133 II. Other Expenses 12,404,090

Division of Engineering and Construction $5,436,621 I. Personnel and Related Expenses $4,890,827 II. Other Expenses 545,794

TOTAL DEPARTMENT OF PUBLIC SERVICE $34,343,317 $34,343,317

DEPARTMENT OF PARKS, RECREATION, AND PROPERTIES

Parks, Recreation, and Properties Administration $796,975 I. Personnel and Related Expenses $626,080 II. Other Expenses 170,895

Division of Research, Planning, and Development $742,146 I. Personnel and Related Expenses $665,845 II. Other Expenses 76,301

Division of Recreation $13,357,083 I. Personnel and Related Expenses $10,059,948 II. Other Expenses 3,297,135

Division of Parking Facilities-On Street $811,510 I. Personnel and Related Expenses $775,752 II. Other Expenses 35,758

Division of Property Management $11,502,873 I. Personnel and Related Expenses $9,060,458 II. Other Expenses 2,442,415

Division of Park Maintenance and Properties $13,703,024 I. Personnel and Related Expenses $9,838,333 II. Other Expenses 3,864,691

TOTAL PARKS, RECREATION, AND PROPERTIES $40,913,611 $40,913,611

BOXING AND WRESTLING COMMISSION

Boxing and Wrestling Commission $8,712 I. Personnel and Related Expenses $8,712 II. Other Expenses __

TOTAL BOXING AND WRESTLING COMMISSION $8,712 $8,712

URBAN PLANNING AND DEVELOPMENT

DEPARTMENT OF COMMUNITY DEVELOPMENT

Division of Administrative Services $2,402,569 I. Personnel and Related Expenses $1,978,419 II. Other Expenses 424,150

Division of Building and Housing $11,523,834 I. Personnel and Related Expenses $11,076,736 II. Other Expenses 447,098

Director’s Office $470,723 I. Personnel and Related Expenses $470,723

Division of Neighborhood Development $1,937,447 I. Personnel and Related Expenses $1,737,447 II. Other Expenses 200,000

Division of Neighborhood Services $1,293,372 I. Personnel and Related Expenses $1,293,372

TOTAL COMMUNITY DEVELOPMENT $17,627,945 $17,627,945 160 February 7, 2001 The City Record 7

REGULATORY BOARDS AND COMMISSIONS

Landmarks Commission $146,453 I. Personnel and Related Expenses $139,014 II. Other Expenses 7,439

Board of Building Standards and Appeals $103,904 I. Personnel and Related Expenses $84,545 II. Other Expenses 19,359

Board of Zoning Appeals $269,362 I. Personnel and Related Expenses $240,337 II. Other Expenses 29,025

Board of Examiners of Plumbers and Electricians $136,581 I. Personnel and Related Expenses $133,159 II. Other Expenses 3,422

Fair Campaign Finance Commission $9,852 II. Other Expenses 9,852

TOTAL REGULATORY BOARDS $666,152 $666,152

DEPARTMENT OF ECONOMIC DEVELOPMENT

Economic Development $1,221,030 I. Personnel and Related Expenses $1,135,328 II. Other Expenses 85,702

TOTAL DEPARTMENT OF ECONOMIC DEVELOPMENT $1,221,030 $1,221,030

Office of Equal Opportunity $543,794 I. Personnel and Related Expenses $499,094 II. Other Expenses 44,700

City Planning Commission $1,353,342 I. Personnel and Related Expenses 1,305,777 II. Other Expenses 47,565

Division of Harbors $56,779 I. Personnel and Related Expenses $56,779

TOTAL URBAN PLANNING AND DEVELOPMENT $21,469,042 $21,469,042

DEPARTMENT OF PUBLIC HEALTH

Public Health Administration $961,695 I. Personnel and Related Expenses $868,595 II. Other Expenses 93,100

Division of Correction $5,931,794 I. Personnel and Related Expenses $4,760,106 II. Other Expenses 1,171,688

Division of Health $3,881,128 I. Personnel and Related Expenses $2,563,158 II. Other Expenses 1,317,970

Division of Environment $2,619,942 I. Personnel and Related Expenses $2,318,402 II. Other Expenses 301,540

TOTAL DEPARTMENT OF PUBLIC HEALTH $13,394,559 $13,394,559

DEPARTMENT OF AGING

DEPARTMENT OF AGING $308,478 I. Personnel and Related Expenses $245,219 II. Other Expenses 63,259

TOTAL DEPARTMENT OF AGING $308,478 $308,478 161 8 The City Record February 7, 2001

SUPPORT FUNCTIONS

FINANCIAL AND LEGAL ADMINISTRATION

DEPARTMENT OF FINANCE

Finance Administration $400,981 I. Personnel and Related Expenses $360,687 II. Other Expenses 40,294

Division of Accounts $1,315,494 I. Personnel and Related Expenses $915,897 II. Other Expenses 399,597

Division of Assessments and Licenses $1,208,650 I. Personnel and Related Expenses $1,022,406 II. Other Expenses 186,244

Division of Treasury $522,988 I. Personnel and Related Expenses $457,058 II. Other Expenses 65,930

Division of Purchases and Supplies $792,049 I. Personnel and Related Expenses $700,172 II. Other Expenses 91,877

Bureau of Internal Audit $759,927 I. Personnel and Related Expenses $531,394 II. Other Expenses 228,533

Division of Financial Reporting and Control $1,672,899 I. Personnel and Related Expenses $1,208,725 II. Other Expenses 464,174

TOTAL DEPARTMENT OF FINANCE $6,672,988 $6,672,988

Office of Budget & Management-Budget Admin. $659,882 I. Personnel and Related Expenses $611,160 II. Other Expenses 48,722

Department Law $8,364,580 I. Personnel and Related Expenses $5,466,755 II. Other Expenses 2,897,825

TOTAL FINANCE AND LEGAL ADMINISTRATION $15,697,450 $15,697,450

PERSONNEL ADMINISTRATION

Office of Personnel $1,722,811 I. Personnel and Related Expenses $1,230,974 II. Other Expenses 491,837

Civil Service Commission $1,243,724 I. Personnel and Related Expenses $668,204 II. Other Expenses 575,520

TOTAL PERSONNEL ADMINISTRATION $2,966,535 $2,966,535

NONDEPARTMENTAL

County Auditor Deductions $1,761,700 II. Other Expenses $1,761,700

OTHER ADMINISTRATIVE $19,218,617 II. Other Expenses $19,218,617

TOTAL NONDEPARTMENTAL $20,980,317 $20,980,317

TOTAL SUPPORT FUNCTIONS $39,644,302 $39,644,302

TRANSFERS TO OTHER FUNDS $26,193,247 II. Other Expenses $26,193,247

Residential Neighborood Sidewalk Program $6,167,437 II. Other Expenses $6,167,437

TOTAL GENERAL FUND $488,555,864 $488,555,864 162 February 7, 2001 The City Record 9

SPECIAL REVENUE FUND

Restricted Income Tax Fund $33,924,000 I. Capital $20,174,000 II. Debt Service 13,750,000

Street Construction, Maintenance & Repair Fund $27,909,990 I. Personnel and Related Expenses $14,061,259 II. Other Expenses 13,848,731

Schools Recreation & Cultural Activities Fund $2,000,000 II. Other Expenses $2,000,000

TOTAL SPECIAL REVENUE FUNDS $63,833,990 $63,833,990

INTERNAL SERVICE FUND

Information Systems Services-Telephone Exchange $4,556,888 I. Personnel and Related Expenses $409,957 II. Other Expenses 4,146,931

Information Systems Services $2,547,538 I. Personnel and Related Expenses $1,688,548 II. Other Expenses 858,990

Division of Motor Vehicle Maintenance $17,371,269 I. Personnel and Related Expenses $5,256,701 II. Other Expenses 12,114,568

Division of Printing and Reproduction $1,261,129 I. Personnel and Related Expenses $611,673 II. Other Expenses 649,456

City Storeroom and Central Warehouse $776,063 I. Personnel and Related Expenses $60,358 II. Other Expenses 715,705

TOTAL INTERNAL SERVICE FUNDS $26,512,887 $26,512,887

ENTERPRISE FUNDS

DEPARTMENT OF PUBLIC UTILITIES

Utilities Administration $1,130,704 I. Personnel and Related Expenses $868,704 II. Other Expenses 262,000

Radio $1,998,053 I. Personnel and Related Expenses $38,307 II. Other Expenses 1,959,746

Division of Fiscal Control $1,909,881 I. Personnel and Related Expenses $1,759,481 II. Other Expenses 150,400

Division of Water $257,711,581 I. Personnel and Related Expenses $58,225,751 II. Other Expenses 199,485,830

Division of Water Pollution Control $21,886,563 I. Personnel and Related Expenses $7,668,939 II. Other Expenses 14,217,624

Division of Cleveland Public Power $142,148,046 I. Personnel and Related Expenses $25,004,846 II. Other Expenses 117,143,200

TOTAL DEPARTMENT OF PUBLIC UTILITIES $426,784,828 $426,784,828

DEPARTMENT OF PORT CONTROL

Divisions of Cleveland Hopkins & Burke Lakefront Airports - Operations $100,075,757 I. Personnel and Related Expenses $20,992,831 II. Other Expenses 79,082,926

Airport Development Fund $60,000 II. Other Expenses $60,000

TOTAL DEPARTMENT OF PORT CONTROL $100,135,757 $100,135,757 163 10 The City Record February 7, 2001

DEPARTMENT OF PARKS, RECREATION, AND PROPERTIES

Division of Cemeteries $2,232,653 I. Personnel and Related Expenses $1,674,327 II. Other Expenses 558,326

Golf Course Fund $2,501,854 I. Personnel and Related Expenses $1,027,733 II. Other Expenses 1,474,121

Division of Parking Facilities-Off Street Parking $8,271,759 I. Personnel and Related Expenses $886,159 II. Other Expenses 7,385,600

Division of Convention Center & Stadium-Convention Center $7,765,131 I. Personnel and Related Expenses $2,134,985 II. Other Expenses 5,630,146

Division of Convention Center & Stadium-Market $1,141,395 I. Personnel and Related Expenses $385,149 II. Other Expenses 756,246

Division of Property Management - East Side Market $97,543 I. Personnel and Related Expenses $55,483 II. Other Expenses 42,060

TOTAL PARKS, RECREATION, & PROPERTIES $22,010,335 $22,010,335

TOTAL ENTERPRISE FUNDS $548,930,920 $548,930,920

AGENCY FUND

Central Collection Agency $7,006,879 I. Personnel and Related Expenses $4,476,767 II. Other Expenses 2,530,112

TOTAL AGENCY FUND $7,006,879 $7,006,879

DEBT SERVICE FUND

Sinking Fund Commission $45,524,541 I. Personnel and Related Expenses $76,920 II. Other Expenses 389,180 III. Debt Service 45,058,441

TOTAL DEBT SERVICE FUNDS $45,524,541 $45,524,541

Section 2. That the appropriations herein made are based upon the detail of expenditures set forth in the Mayor’s Estimate File No. 138-01-A, but are appropriated to the several departments, offices, and purposes in the aggregate for I. - Personnel and Related Expenses; and II. - Other Expenses and are not severally and individually appropriated in said detail. Any unencumbered balance in an appropriation fund at the close of the year 2000 is hereby appropriated to such fund for the payment of unpaid obligations lawfully incurred in 2001 or prior years. The Mayor’s Estimate File No. 138-01-A, as modified by the schedule pub- lished pursuant to Section 39 of the Charter shall within the sums appropriated in Section 1 hereof, consti- tute the expenditure budget for the year 2001 and shall be subject to the control of the Mayor, provided, however, that no transfer from I. - Personnel and Related Expenses, or II. - Other Expenses within any department or office, or from one department or office to another shall be made except as provided in Sec- tion 41 of the Charter. Section 3. That the Commissioner of Accounts is hereby authorized to draw warrants upon the City Treasury for the amount appropriated in this ordinance, whenever claims are presented properly approved by the head of the department or by the chief of a commission for which indebtedness was incurred. Section 4. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force upon its passage and approval by the Mayor; otherwise it shall take effect and be in force at the earliest period allowed by law. Referred to Directors of Finance, Law; Committee on Finance. 164 February 7, 2001 The City Record 11

Ord. No. 166-01. safety upgrades and improvements June 17, 1991, and by Ordinance No. By Councilmen Britt, Melena and to the existing equipment of Scot- 1713-91, passed by Cleveland City Patmon. tish Industries, located at 1720 Fall Council August 21, 1991) has agreed An emergency ordinance autho- Street, Cleveland, Ohio. to extend the construction com- rizing the Director of Community Section 2. That the term of said mencement deadline to April 1, 2001; Development to enter into an agree- loan shall be in accordance with the and ment with A Cultural Exchange for terms as set forth in the Executive Whereas, the City’s agreements an after-school literacy project for Summary contained in File No. 167- with JVJ retained the right for the 50 children in Ward 6, from kinder- 01-A. City to repurchase the parcels, for a garten to 7th grade, to further the Section 3. That the costs of said price specified in the agreements, in public purpose of providing educa- contract shall not exceed Thirty- the event JVJ or its successor fails tional services for residents of the Five Thousand Dollars ($35,000), to develop the properties in a time- City of Cleveland through the use and shall be paid from Fund No. 17 ly manner in accordance with the of Ward 6 Neighborhood Equity SF 008, Request No. 26644, which agreements; and F u n d s . funds are appropriated for this pur- Whereas, the agreements called Whereas, this ordinance consti- pose. for JVJ or its successors to submit tutes an emergency measure provid- Section 4. That the Director of to the City by September 1, 2001 ing for the usual daily operation of Economic Development is hereby project plans and specifications, a municipal department; now, there- authorized to accept the collateral and no such submissions were fore, as set forth in the Executive Sum- made; and Be it ordained by the Council of mary contained in the file refer- Whereas, while eagerly awaiting the City of Cleveland: enced above in order to secure the anticipated performance by the Section 1. That the Director of repayment of said loan. Any securi- developer on the agreed upon April Community Development is autho- ty instrument shall be prepared and 1, 2001 project commencement date, rized to enter into an agreement approved by the Director of Law. the City nevertheless desires to with A Cultural Exchange for an Section 5. That the Director of insure adequate funding and author- after-school literacy project for 50 Economic Development is hereby ity to repurchase the parcels and children in Ward 6, from kinder- authorized to accept monies in thereby preserve the City’s opportu- garten to 7th grade, to further the repayment of the loan and to deposit nity to stabilize the nearby com- public purpose of providing educa- said monies in Fund No. 17 SF 006. mercial district and create funding tional services for residents of the Section 6. That the Director of for improvements in Cleveland’s City of Cleveland through the use Economic Development is hereby neighborhoods; and of Ward 6 Neighborhood Equity authorized to charge and accept fees Whereas, this ordinance consti- F u n d s . in an amount not to exceed the max- tutes an emergency measure provid- Section 2. That the cost of said imum allowable fees under federal ing for the usual daily operation of contract shall be in an amount not regulations and expend such fees to a municipal department; now, there- to exceed $15,000 and shall be paid cover costs incurred in the prepara- fore, from Fund No. 10 SF 166. tion of the loan application, closing Be it ordained by the Council of Section 3. That the Director of and servicing of the loan. Such fees the City of Cleveland: Law shall prepare and approve said shall be deposited to and expended Section 1. That notwithstanding contract and that the contract shall from Fund No. 17 SF 305, Loan Fees and as an exception to the provi- contain such terms and provisions Fund. sions of Chapter 181 and 183 of the as he deems necessary to protect the Section 7. That the Director of Codified Ordinances of Cleveland, City’s interest. Law is hereby authorized to prepare Ohio, 1976, the Commissioner of Pur- Section 4. That this ordinance is said contract and such other docu- chases and Supplies is hereby autho- hereby declared to be an emergency ments as may be appropriate to rized to repurchase the properties measure and, provided it receives complete the transaction. described in File No. 168-01-A for the the affirmative vote of two-thirds of Section 8. That this ordinance is purpose of economic and Communi- all the members elected to Council, hereby declared to be an emergency ty Development. it shall take effect and be in force measure and, provided it receives Section 2. That the Director of immediately upon its passage and the affirmative vote of two-thirds of Community Development is hereby approval by the Mayor; otherwise it all the members elected to Council, authorized to execute on behalf of shall take effect and be in force it shall take effect and be in force the City of Cleveland all necessary from and after the earliest period immediately upon its passage and documents to repurchase such prop- allowed by law. approval by the Mayor; otherwise it erty and to employ and pay all fees Referred to Directors of Commu- shall take effect and be in force for title companies, surveys, nity Development, Finance, Law; from and after the earliest period escrows, appraisers, environmental Committees on Community and Eco- allowed by law. audits, and all other costs necessary nomic Development, Finance. Referred to Directors of Economic for the acquisition of such property. Development, Finance, Law; Com- Section 3. That the consideration Ord. No. 167-01. mittees on Community and Econom- to be paid for such property shall By Councilmen Cimperman, Mele- ic Development, Finance. not exceed the prices stated in na and Patmon (by departmental development agreements between request). Ord. No. 168-01. the City of Cleveland and Jacobs, An emergency ordinance authoriz- By Councilmen Cimperman, Mele- Visconsi & Jacobs Co. for Parcels 22- ing the Director of Economic Devel- na and Patmon (by departmental A-2 and 9-B, dated July 7, 1987, as opment to enter into a contract with request). those agreements have been HAB Manufacturing to provide eco- An emergency ordinance authoriz- assigned and amended. nomic development assistance to par- ing the Commissioner of Purchases Section 4. That all costs of acqui- tially finance the acquisition of and Supplies to repurchase sites for sition of land shall be paid from machinery and equipment and for the purpose of economic and com- Fund No. 17 SF 008, Request No. safety upgrades and improvements munity development at the intersec- 26646, which funds are appropriated to the existing equipment of Scottish tion of East 12th Street and St. Clair for this purpose. Industries, located at 1720 Fall Avenue. Section 5. That this ordinance is Street, Cleveland, Ohio. Whereas, in 1987, the City of hereby declared to be an emergency Whereas, this ordinance consti- Cleveland (“City”) entered into measure and, provided it receives tutes an emergency measure provid- agreements with Jacobs, Visconsi & the affirmative vote of two-thirds of ing for the usual daily operation of Jacobs Co. (“JVJ”) whereby the City all the members elected to Council, a municipal department; now, there- sold certain parcels to JVJ and JVJ it shall take effect and be in force fore, agreed to commence by 1989 the immediately upon its passage and Be it ordained by the Council of development of a sixteen-story office approval by the Mayor; otherwise it the City of Cleveland: building and parking garage; and shall take effect and be in force Section 1. That the Director of Whereas, the City has permitted from and after the earliest period Economic Development is hereby JVJ to assign the agreements to suc- allowed by law. authorized to enter into a contract cessor entities and the City (by Referred to Directors of Economic with HAB Manufacturing to provide Ordinance No. 3010-88, passed by Development, City Planning Com- economic development assistance to February 6, mission, Finance, Law; Committees partially finance the acquisition of 1989, by Ordinance No. 1374-91, on Community and Economic Devel- machinery and equipment and for passed by Cleveland City Council opment, City Planning, Finance. 165 12 The City Record February 7, 2001

Ord. No. 169-01. turing Company for economic devel- ed plat in Volume 15 of Maps, Page By Councilmen Cimperman, O’Mal- opment assistance in order to carry 13 of Cuyahoga County Records and ley and Patmon (by departmental out the public purpose of creating or together forming a parcel of land re q u e s t ) . retaining jobs and employment having a frontage of 50 feet on the An emergency ordinance to amend opportunities to preserve the eco- Westerly side of East 163rd Street the title and Section 1 of Ordinance nomic welfare of the State and pro- (formerly Garder Avenue) and No. 1947-98, passed December 14, mote investment in the neighbor- extending back of equal width 131 1998, relating to the public improve- hood. feet to the center line of the afore- ment of installing detention tank Section 2. That the cost of said said vacated alley (12 feet wide) as piping and making sewer improve- contract shall be in an amount not shown and vacated by the recorded ments in the Arbor/Taft area. to exceed $60,000 and shall be paid plat in Volume 182 of Maps, Page 38 Whereas, this ordinance consti- from Fund No. 10 SF 166. of Cuyahoga County Records, as tutes an emergency measure provid- Section 3. That the Director of appears by said plat, be the same ing for the usual daily operation of Law shall prepare and approve said more or less, but subject to all legal a municipal department; now, there- contract and that the contract shall highways. fore, contain such terms and provisions Prior Instrument Reference: Vol- Be it ordained by the Council of as he deems necessary to protect the ume 90-5125, Page 56, Records of the City of Cleveland: City’s interest. County Recorder of Cuyahoga Coun- Section 1. That the title and Sec- Section 4. That this ordinance is ty, State of Ohio. tion 1 of Ordinance No. 1947-98, hereby declared to be an emergency Section 3. That pursuant to Sec- passed December 14, 1998, are here- measure and, provided it receives tion 183.021 of the Codified Ordi- by amended to read, respectively, as the affirmative vote of two-thirds of nances of Cleveland, Ohio 1976, the follows: all the members elected to Council, Commissioner of Purchases and Sup- An emergency ordinance deter- it shall take effect and be in force plies is hereby authorized to sell mining the method of making the immediately upon its passage and Permanent Parcel No. 141-07-087 as public improvement of installing approval by the Mayor; otherwise it more fully described below, to Amis- detention tank piping and replacing shall take effect and be in force tad Development Corporation. sewers, as necessary, in the from and after the earliest period Section 4. That the real property Arbor/Taft area and authorizing the allowed by law. to be sold pursuant to this Ordi- Director of Public Utilities to enter Referred to Directors of Commu- nance is more fully described as fol- into contract for the making of such nity Development, Finance, Law; lows: improvement. Committees on Community and Eco- Section 1. That, pursuant to Sec- nomic Development, Finance. P. P. No. 141-07-087 tion 167 of the Charter of the City Situated in the City of Cleveland, of Cleveland, it is hereby deter- Ord. No. 171-01. County of Cuyahoga and State of mined to make the public improve- By Councilmen Jones, Melena, Ohio, and known as being Sublot ment of installing detention tank Cimperman and Patmon (by depart- Nos. 297 and 298 in Joseph M. piping and replacing sewers, as nec- mental request). Boyle’s Sorrento Park Subdivision of essary, in the Arbor/Taft area of An emergency ordinance authoriz- part of Original Warrensville Town- the City of Cleveland for the Divi- ing the sale of real property as part ship Lot Nos. 72 and 82, as shown sion of Water Pollution Control, of the Land Reutilization Program by the recorded plat in Volume 15 Department of Public Utilities, by and located on scattered sites to of Maps, Page 13 of Cuyahoga Coun- contract duly let to the lowest Amistad Development Corporation. ty Records together forming a par- responsible bidder after competitive Whereas, the City of Cleveland cel of land 50 feet front on the west- bidding upon a unit basis for the adopted and implemented proce- erly side of East 163rd Street, and improvement. dures under Chapter 5722 of the extending back of equal width 125 Section 2. That the existing title Ohio Revised Code to facilitate feet, as appears by said plat, be the and Section 1 of Ordinance No. 1947- reutilization of nonproductive lands same more or less, but subject to all 98, passed December 14, 1998, are situated within the City of Cleve- legal highways. hereby repealed. land; and Also subject to zoning ordinances, Section 3. That this ordinance is Whereas, real property acquired if any. hereby declared to be an emergency under the City’s Land Reutilization Section 5. That pursuant to Sec- measure and, provided it receives Program is acquired, held, adminis- tion 183.021 of the Codified Ordi- the affirmative vote of two-thirds of tered and disposed of by the City of nances of Cleveland, Ohio 1976, the all the members elected to Council, Cleveland through its Department of Commissioner of Purchases and it shall take effect and be in force Community Development under the Supplies is hereby authorized to immediately upon its passage and terms of Chapter 5722 of the Ohio sell Permanent Parcel No. 141-08- approval by the Mayor; otherwise it Revised Code and Section 183.021 of 013 as more fully described below, shall take effect and be in force Codified Ordinances of the City of to Amistad Development Corpora- from and after the earliest period Cleveland, 1976; and t i o n . allowed by law. Whereas, this ordinance consti- Section 6. That the real property Referred to Directors of Public tutes an emergency measure provid- to be sold pursuant to this Ordi- Utilities, Finance, Law; Committees ing for the usual daily operation of nance is more fully described as fol- on Public Utilities, Finance. a municipal department; now, there- lows: fore, Ord. No. 170-01. Be it ordained by the Council of P. P. No. 141-08-013 By Councilman Coats. the City of Cleveland: Situated in the City of Cleveland, An emergency ordinance authoriz- Section 1. That pursuant to Sec- County of Cuyahoga and State of ing the Director of Economic Devel- tion 183.021 of the Codified Ordi- Ohio, and known as being Sublot No. opment to enter into an agreement nances of Cleveland, Ohio, 1976, the 624 in the Miles Harvard Park Sub- with the Otto Konigslow Manufac- Commissioner of Purchases and Sup- division No. 5 of part of Original turing Company for economic devel- plies is hereby authorized to sell Warrensville Township Lot No. 72, opment assistance in order to carry Permanent Parcel No. 141-06-043 as as shown by the recorded plat in out the public purpose of creating or more fully described below, to Amis- Volume 88 of Maps, Page 26 of Cuya- retaining jobs and employment tad Development Corporation. hoga County Records, and being 35 opportunities to preserve the eco- Section 2. That the real property feet front on the Northerly side of nomic welfare of the State and pro- to be sold pursuant to Section 1 of South Lotus Drive, and extending mote investment in the neighborhood this Ordinance is more fully back 110 feet on the Westerly line, through the use of Ward 10 Neigh- described as follows: 110 feet on the Easterly line, and borhood Equity Funds. having a rear line of 35 feet, as Whereas, this ordinance consti- P. P. No. 141-06-043 appears by said plat, be the same tutes an emergency measure provid- Situated in the City of Cleveland, more or less, but subject to all legal ing for the usual daily operation of County of Cuyahoga and State of highways. a municipal department; now, there- Ohio, and bounded and described as Subject to zoning ordinances, if fore, follow, to wit: any. Be it ordained by the Council of And known as being Sublot Nos. Section 7. That pursuant to Sec- the City of Cleveland: 275 and 276 and part of an unnamed tion 183.021 of the Codified Ordi- Section 1. That the Director of 12 foot alley vacated in the Sorren- nances of Cleveland, Ohio 1976, the Economic Development is autho- to Park Subdivision of part of Orig- Commissioner of Purchases and Sup- rized to enter into an agreement inal Warrensville Township Lot Nos. plies is hereby authorized to sell with the Otto Konigslow Manufac- 72 and 82, as shown by the record- Permanent Parcel No. 141-08-014 as 166 February 7, 2001 The City Record 13 more fully described to Amistad tending back of equal width 160 Ord. No. 172-01. Development Corporation. feet, as appears by said plat, be the By Councilmen Lewis, Melena, Section 8. That the real property same more or less, but subject to all Cimperman and Patmon (by depart- to be sold pursuant to this Ordi- legal highways. mental request). nance is more fully described as fol- Section 13. That pursuant to Sec- An emergency ordinance authoriz- lows: tion 183.021 of the Codified Ordi- ing the sale of real property as part nances of Cleveland, Ohio 1976, the of the Land Reutilization Program P. P. No. 141-08-014 Commissioner of Purchases and Sup- and located at 5820, 5816, 5810 Supe- Situated in the City of Cleveland, plies is hereby authorized to sell rior Avenue to Hamdi “Sam” Qasem. County of Cuyahoga and State of Permanent Parcel No. 143-13-059 as Whereas, the City of Cleveland Ohio, and known as being Sublot more fully described below, to Amis- has elected to adopt and implement No. 623 in Miles Harvard Park Sub- tad Development Corporation. the procedures under Chapter 5722 division No. 5 of part of Original Section 14. That the real property of the Ohio Revised Code to facili- Warrensville Township Lot No. 72 to be sold pursuant to this Ordi- tate reutilization of nonproductive and Re-subdivision of Sublot Nos, nance is more fully described as fol- lands situated within the City of 391 and 404 inclusive, and 410 and lows: Cleveland; and 413 inclusive, in Miles-Harvard Whereas, real property acquired Park Subdivision No. 4 recorded in P. P. No. 143-13-059 under the City’s Land Reutilization Volume 68 of Maps, Page 30 of Situated in the City of Cleveland, Program is acquired, held, adminis- Cuyahoga County Records, as County of Cuyahoga and State of tered and disposed of by the City of shown on the plat of said Subdivi- Ohio, and known as being Sublot No. Cleveland through its Department of sion No. 5 recorded in Volume 88 of 171 in William J. Lang’s Lee Community Development under the Maps, Page 26 of Cuyahoga Coun- Heights Allotment of part of Origi- terms of Chapter 5722 of the Ohio ty Records and being 35 feet front nal Warrensville Township Lots Revised Code and Section 183.021 of on the Northerly side of South Nos. 83, 84, 92 and 93 as shown by Codified Ordinances of the City of Lotus Drive, S.E., and extending the recorded plat in Volume 89 of Cleveland, 1976; and back 110 feet deep, be the same Maps, Page 16 of Cuyahoga County Whereas, this ordinance consti- more or less, but subject to all Records, and being 45 feet front on tutes an emergency measure provid- legal highways. the Northerly side of Lipton Avenue, ing for the usual daily operation of Subject to zoning ordinances, if S.E., (formerly Starr Avenue) 160 a municipal department; now, there- any. feet deep on the Easterly line, fore, Section 9. That pursuant to Sec- 160.005 feet deep on the Westerly Be it ordained by the Council of tion 183.021 of the Codified Ordi- line and 43.685 feet wide in the rear, the City of Cleveland: nances of Cleveland, Ohio 1976, the as appears by said plat, be the same Section 1. That pursuant to Sec- Commissioner of Purchases and Sup- more or less, but subject to all legal tion 183.021 of the Codified Ordi- plies is hereby authorized to sell highways. nances of Cleveland, Ohio, 1976, the Permanent Parcel Nos. 143-01-054 as Also subject to all zoning ordi- Commissioner of Purchases and Sup- more fully described below, to Amis- nances, if any plies is hereby authorized to sell tad Development Corporation. Section 15. That all documents Permanent Parcel No(s). 104-14-037, 104-14-038 and 104-14-039, as more Section 10. That the real property necessary to complete the con- fully described below, to Hamdi to be sold pursuant to this Ordi- veyance authorized by this ordi- “Sam” Qasem. nance is more fully described as fol- nance shall be executed within six lows: Section 2. That the real property (6) months of the effective date of to be sold pursuant to Section 1 of this ordinance. If all of the docu- P. P. No. 143-01-054 this Ordinance is more fully ments are not executed within six Situated in the City of Cleveland, described as follows: (6) months of the effective date of County of Cuyahoga and State of this ordinance, or such additional Ohio, and known as Sublot No. 15 in P. P. No. 104-14-037 time as may be granted by the H.J. Sheet’s Lee Road Subdivision, Situated in the City of Cleveland, Director of Community Develop- of a part of Original Warrensville County of Cuyahoga and State of ment, this ordinance shall be Township Lot No. 91, as shown by Ohio, and known as being part of repealed and shall be of no further the recorded plat in Volume 87 of Sublot No. 73 in Lewis and Dibble’s Maps, Page 35 of Cuyahoga County force or effect. Subdivision of part of Original One Records, and being 40 feet front on Section 16. That the consideration Hundred Acre Lot No. 343 and a Re- the northerly side of Tarkington for the subject parcel shall be estab- Subdivision of part of Sublot No. 23 Avenue, S.E., and extending back lished by the Board of Control and in M.B. Sterling’s Subdivision of part between parallel lines 160 feet, be shall be not less than Fair Market of Original One Hundred Acre Lot the same more or less, but subject Value taking into account such No. 343, as shown by the recorded to all legal highways and also sub- terms and conditions, restrictions plat of said Re-Subdivision in Vol- ject to the conditions and restric- and covenants as are deemed nec- ume 13 of Maps, Page 34 of Cuya- tions as contained in the Deed from essary or appropriate. hoga County Records, bounded and Lawrence A. Boyd and William H. Section 17. That the conveyance described as follows: Boyd to Charles S. Millspaugh and authorized hereby shall be made by Beginning on the Southerly line of Violet A. Millspaugh, same being official deed prepared by the Direc- Superior Avenue, N.E., at the North- Land Title Registration Document tor of Law and executed by the westerly corner of said Sublot No. No. 16301. Mayor on behalf of the City of 73; thence Easterly along the Section 11. That pursuant to Sec- Cleveland. The deed shall contain Southerly line of Superior Avenue, tion 183.021 of the Codified Ordi- such provisions as may be necessary N.E., 45-5/3/4/12 feet to the North- nances of Cleveland, Ohio 1976, the to protect and benefit the public westerly corner of land conveyed to Commissioner of Purchases and Sup- interest including such restrictive Catharine Boals by deed dated Sep- plies is hereby authorized to sell covenants and reversionary inter- tember 2, 1890, and recorded in Vol- Permanent Parcel No. 143-02-010 as ests as may be specified by the ume 476, Page 179 of Cuyahoga more fully described below, to Amis- Board of Control, the Director of County Records; thence Southerly tad Development Corporation. Community Development or the along the Westerly line of land so Section 12. That the real property Director of Law. conveyed to Catharine Boals, about to be sold pursuant to this Ordi- Section 18. That this ordinance is 122 feet to the Southerly line of said nance is more fully described as fol- hereby declared to be an emergency Sublot No. 73; thence Westerly along lows: measure and, provided it receives the Southerly line of said Sublot No. the affirmative vote of two-thirds of 73, about 45-6-3/4/12 feet to the P. P. No. 143-02-010 all the members elected to Council, Southwesterly corner of said Sublot Situated in the City of Cleveland, it shall take effect and be in force No. 73; thence Northerly along the County of Cuyahoga and State of immediately upon its passage and Westerly line of said Sublot No. 73, Ohio, and known as being Sublot approval by the Mayor; otherwise it 119-5-3/4/12 feet to the place of No. 29 in H.J. Steets Lee Road Sub- shall take effect and be in force beginning, as appears by said plat. division of part of Original War- from and after the earliest period Subject to Zoning Ordinances, if rensville Township Lot No. 91 as allowed by law. any. shown by the recorded plat in Vol- Referred to Directors of Communi- ume 87 of Maps, Page 35 of Cuya- ty Development, City Planning Com- P. P. No. 104-14-038 hoga County Records and being 40 mission, Finance, Law; Committees Situated in the City of Cleveland, feet front on the Southerly side of on Community and Economic Devel- County of Cuyahoga and State of Tarkington Avenue, S.E., and ex- opment, City Planning, Finance. Ohio, and known as being Sublot 167 14 The City Record February 7, 2001

No. 74 in the Lewis Dibble’s Subdi- Ord. No. 173-01. tracts shall be charged against the vision of part of Original One Hun- By Councilmen O’Malley and Pat- proper appropriation account and dred Acre Lot No. 343, as shown by mon (by departmental request). the Director of Finance shall certi- the recorded plat in Volume 13 of An emergency ordinance authoriz- fy thereon the amount of the initial Maps, Page 34 of Cuyahoga County ing the Director of Finance to enter purchases thereunder on behalf of Records and being 40 feet front on into a requirement contract without the City, which purchases, together the Southerly side of Superior Ave- competitive bidding with East Ohio with all subsequent purchases, shall nue, N.E., and extending back of Gas Company for the purchase of be made on order of the Commis- equal width, 116-7/12 feet deep on natural gas transportation services, sioner of Purchases and Supplies the Westerly line, 119-5-3/4 feet and authorizing the purchase by pursuant to a requisition against deep on the Easterly line, as requirement contract jointly or sep- such contract or contracts duly cer- appears by said plat, be the same arately with the Cleveland Munici- tified by the Director of Finance for more or less, but subject to all legal pal School District of natural gas, the City purchases only. (RL 4605). h i g h w a y s . for the various divisions of City gov- Section 5. That this ordinance is ernment and to contract with the hereby declared to be an emergency Cleveland Municipal School District measure and, provided it receives P. P. No. 104-14-039 to implement the above. the affirmative vote of two-thirds of Situated in the City of Cleveland, Whereas, this ordinance consti- all the members elected to Council, County of Cuyahoga and State of tutes an emergency measure provid- it shall take effect and be in force Ohio, and known as being Sublot ing for the usual daily operation of immediately upon its passage and No. 75 in M.B. Sterling’s Subdivision a municipal department; now, there- approval by the Mayor; otherwise it of part of Original One Hundred fore, shall take effect and be in force Acre Lot No. 343, as shown by the Be it ordained by the Council of from and after the earliest period recorded plat in Volume 13 of Maps, the City of Cleveland: allowed by law. Page 34 of Cuyahoga County Section 1. That it is hereby deter- Referred to Directors of Public Records, and being 40 feet front on mined that natural gas transporta- Utilities, Finance, Law; Committees the Southerly side of Superior tion services are non-competitive on Public Utilities, Finance. Avenue, N.E., and extending back and cannot be secured from any 113 feet 9-1/8 inches on the Wester- source other than the East Ohio Gas Ord. No. 174-01. ly line, 116 feet 7-1/2 inches on the Company. Therefore, the Director of By Councilman Patmon (by de- Easterly line, and having a rear Finance is hereby authorized to partmental request). line of 40 feet 7/8 of an inch, as make a written requirement con- An emergency ordinance authoriz- appears by said plat, be the same tract with said East Ohio Gas Com- ing the Director of Finance to more or less, but subject to all legal pany for a period of fourteen (14) employ one or more consultants or h i g h w a y s . months, for natural gas transporta- one or more firms of consultants, to Subject to Zoning Ordinances, if tion services, to be purchased by the provide professional services neces- any. Commissioner of Purchases and Sup- sary to prepare the City of Cleve- Section 3. That all documents plies upon a unit basis for the var- land’s financial statements. necessary to complete the con- ious divisions of City government. Whereas, this ordinance consti- veyance authorized by this ordi- Section 2. That the Director of tutes an emergency measure provid- nance shall be executed within six Finance is hereby authorized to ing for the usual daily operation of (6) months of the effective date of make a written requirement con- a municipal department; now, there- this ordinance. If all of the docu- tract in accordance with the Charter fore, ments are not executed within six and the Codified Ordinances of Be it ordained by the Council of Cleveland, Ohio, 1976, either togeth- the City of Cleveland: (6) months of the effective date of er with the Cleveland Municipal Section 1. That the Director of this ordinance, or such additional School District or separately for the finance is hereby authorized to time as may be granted by the City, for the requirements for the employ by contract one or more con- Director of Community Develop- period up to fourteen (14) months sultants or one or more firms of con- ment, this ordinance shall be for the purchase of natural gas to sultants for the purpose of supple- repealed and shall be of no further be transported by the East Ohio Gas menting the regularly employed force or effect. Company in the approximate staff of the several departments of Section 4. That the consideration amount as purchased during the pre- the City of Cleveland in order to pro- for the subject parcel shall be estab- ceding term, to be purchased by the vide professional services necessary lished by the Board of Control and Commissioner of Purchases and Sup- to prepare the City of Cleveland’s shall be not less than Fair Market plies upon a unit basis for the var- financial statements. Value taking into account such ious divisions of City government. The selection of the consultant or terms and conditions, restrictions Bids may be taken on behalf of the firm of consultants for such services and covenants as are deemed nec- City and the Cleveland Municipal shall be made by the Board of Con- essary or appropriate. School District, jointly or severally, trol upon the nomination of the Section 5. That the conveyance and shall be taken in such manner Director of Finance from a list of authorized hereby shall be made by as to permit an award to be made qualified consultants or firms of official deed prepared by the Direc- for all items as a single contract consultants available for such tor of Law and executed by the jointly with the Cleveland Municipal employment as may be determined Mayor on behalf of the City of School District, or by separate con- after a full and complete canvass by Cleveland. The deed shall contain tract for each or any combination of the Director of Finance for the pur- such provisions as may be necessary said items as the Board of Control pose of compiling such a list. The to protect and benefit the public on behalf of the City and the Board compensation to be paid for such interest including such restrictive of Education of the District on services shall be fixed by the Board covenants and reversionary inter- behalf of the District shall sepa- of Control. The contract herein ests as may be specified by the rately determine. Alternate bids for authorized shall be prepared by the Board of Control, the Director of a period less than fourteen (14) Director of Law, approved by the Community Development or the months may be taken if deemed Director of Finance, and certified by desirable by the Commissioner of the Director of Finance. Director of Law. Purchases and Supplies until provi- Section 2. That the costs for such Section 6. That this ordinance is sion is made for the requirements services herein contemplated shall hereby declared to be an emergency for the entire term. be paid from Fund No. 11 SF 006, measure and, provided it receives Section 3. That the Director of Request No. 4608. the affirmative vote of two-thirds of Finance is hereby authorized to Section 3. That this ordinance is all the members elected to Council, enter into contract with the Cleve- hereby declared to be an emergency it shall take effect and be in force land Municipal School District and measure and, provided it receives immediately upon its passage and to execute all documents and to do the affirmative vote of two-thirds of approval by the Mayor; otherwise it all other things necessary to imple- all the members elected to Council, shall take effect and be in force ment the authority granted in Sec- it shall take effect and be in force from and after the earliest period tion 2 of this ordinance to jointly immediately upon its passage and allowed by law. bid and enter into a purchase con- approval by the Mayor; otherwise it Referred to Directors of Communi- tract for natural gas together with shall take effect and be in force ty Development, City Planning Com- the Cleveland Municipal School Dis- from and after the earliest period mission, Finance, Law; Committees trict. allowed by law. on Community and Economic Devel- Section 4. That the cost of the City Referred to Directors of Finance, opment, City Planning, Finance. portion only of said contract or con- Law; Committee on Finance. 168 February 7, 2001 The City Record 15

Ord. No. 175-01. Section 2. That, notwithstanding Ord. No. 178-01. By Councilman Polensek. any provision to the contrary, if at By Councilmen Rybka and Pat- An emergency ordinance authoriz- the expiration of the loan agreement mon (by departmental request). ing the Director of Community authorized in Section 1 above, the An emergency ordinance authoriz- Development is authorized to enter United States Department of ing the Commissioner of Purchases into a grant agreement with Lake Defense desires to donate the equip- and Supplies to purchase additional Shore Golden Age Center to provide ment and supplies referred in said sites on Briggs Road for the expan- funding for operating expenses in loan agreement, the Director of Pub- sion of Jasper Playfield, for the order to carry out the public purpose lic Safety is hereby authorized to Department of Parks, Recreation of providing social programs for accept such gift and is further and Properties. senior citizens through the use of authorized to file all papers and Whereas, pursuant to Ordinance Ward 11 Neighborhood Equity execute all documents necessary to No. 992-97, passed June 15, 1997, this Fu n d s . receive such gift. Council authorized the Commission- Whereas, this ordinance consti- Section 3. That this ordinance is er of Purchases and Supplies to pur- tutes an emergency measure provid- hereby declared to be an emergency chase a site for the expansion of ing for the usual daily operation of measure and, provided it receives Jasper Playfield; and a municipal department; now, there- the affirmative vote of two-thirds of Whereas, additional sites are de- fore, all the members elected to Council, sired; and Be it ordained by the Council of it shall take effect and be in force Whereas, this ordinance consti- the City of Cleveland: immediately upon its passage and tutes an emergency measure provid- Section 1. That the Director of approval by the Mayor; otherwise it ing for the usual daily operation of Community Development is autho- shall take effect and be in force a municipal department; now, there- rized to enter into a grant agree- from and after the earliest period fore, ment with Lake Shore Golden Age allowed by law. Be it ordained by the Council of the City of Cleveland: Center to provide funding for oper- Referred to Directors of Public Section 1. That notwithstanding ating expenses in order to carry out Safety, Finance, Law; Committees and as an exception to the provi- the public purpose of providing on Public Safety, Finance. social programs for senior citizens sions of Chapter 181 and 183 of the through the use of Ward 11 Neigh- Codified Ordinances of Cleveland, Ord. No. 177-01. borhood Equity Funds. Ohio, 1976, the Commissioner of Pur- By Councilman Rybka. Section 2. That the cost of said chases and Supplies is hereby autho- An emergency ordinance authoriz- contract shall be in an amount not rized to purchase the following to exceed $5,000 and shall be paid ing the Director of Community described property for the purposes from Fund No. 10 SF 166. Development to enter into an agree- of expanding Jasper Playfield: Section 3. That the Director of ment with Slavic Village Develop- Law shall prepare and approve said ment (SVD) for landscaping and Permanent Parcel No. 017-17-037 contract and that the contract shall other improvements to a vacant city- Situated in the City of Cleveland, contain such terms and provisions owned lot, leased by SVD, to further County of Cuyahoga and State of as he deems necessary to protect the the public purpose of the beautifica- Ohio and known as being all of City’s interest. tion and improvement of a vacant Sublot No. 280, E.R. Cowin Land Co’s Section 4. That this ordinance is public property through the use of Boulevard Hill Allotment of part of hereby declared to be an emergency Ward 12 Neighborhood Equity Original Brooklyn Township Lot No. measure and, provided it receives Fu n d s . 5, as shown by the recorded plat in the affirmative vote of two-thirds of Whereas, this ordinance consti- Volume 54 of Maps, Page 38 of Cuya- all the members elected to Council, tutes an emergency measure provid- hoga County Records, be the same it shall take effect and be in force ing for the usual daily operation of more or less, but subject to all legal immediately upon its passage and a municipal department; now, there- highways. approval by the Mayor; otherwise it fore, Subject to zoning ordinances, if shall take effect and be in force Be it ordained by the Council of any. from and after the earliest period the City of Cleveland: EXCEPTING THEREFROM that allowed by law. Section 1. That the Director of part of the above described premis- Referred to Directors of Commu- Community Development is autho- es conveyed to Consolidated Rail nity Development, Finance, Law; rized to enter into an agreement Corp., by deed dated 1/31/79, and Committees on Community and Eco- with Slavic Village Development recorded in Volume 14899, Page 785 nomic Development, Finance. (SVD) for landscaping and other of Cuyahoga County Records. improvements to a vacant city- Ord. No. 176-01. owned lot, leased by SVD, to further Permanent Parcel No. 017-17-039 Situated in the City of Cleveland, By Councilmen Polensek and Pat- the public purpose of the beautifi- mon (by departmental request). cation and improvement of a vacant County of Cuyahoga and State of Ohio and known as being all of An emergency ordinance authoriz- public property through the use of Sublot No. 282, E.R. Cowin Land Co’s ing the Director of Public Safety to Ward 12 Neighborhood Equity Boulevard Hill Allotment of part of enter into a loan agreement with the Funds. United States Department of Defense Original Brooklyn Township Lot No. Section 2. That the cost of said for equipment and supplies loaned to 5, as shown by the recorded plat in contract shall be in an amount not the City in conjunction with the Volume 54 of Maps, Page 38 of Cuya- to exceed $160,000 and shall be paid City’s Domestic Preparedness Pro- hoga County Records, be the same gram; and to authorize the Director from Fund No. 10 SF 166. more or less, but subject to all legal of Public Safety to accept the loaned Section 3. That the Director of highways. equipment and supplies as a gift Law shall prepare and approve said Subject to zoning ordinances, if after expiration of the loan agree- contract and that the contract shall any. me n t . contain such terms and provisions EXCEPTING THEREFROM that Whereas, this ordinance consti- as he deems necessary to protect the part of the above described premis- tutes an emergency measure provid- City’s interest. es conveyed to Consolidated Rail ing for the usual daily operation of Section 4. That this ordinance is Corp., by deed dated 1/31/79, and a municipal department; now, there- hereby declared to be an emergency recorded in Volume 14899, Page 785 fore, measure and, provided it receives of Cuyahoga County Records. Be it ordained by the Council of the affirmative vote of two-thirds of the City of Cleveland: all the members elected to Council, Permanent Parcel No. 017-17-040 Section 1. That the Director of it shall take effect and be in force Situated in the City of Cleveland, Public Safety is authorized to enter immediately upon its passage and County of Cuyahoga and State of into a loan agreement with the Unit- approval by the Mayor; otherwise it Ohio and known as being all of ed States Department of Defense for shall take effect and be in force Sublot No. 283, E.R. Cowin Land Co’s the loan of equipment and supplies from and after the earliest period Boulevard Hill Allotment of part of in conjunction with the City’s allowed by law. Original Brooklyn Township Lot No. Domestic Preparedness Program. Referred to Directors of Communi- 5, as shown by the recorded plat in The loan agreement shall contain ty Development, City Planning Com- Volume 54 of Maps, Page 38 of Cuya- such terms and conditions as are mission, Finance, Law; Committees hoga County Records, be the same acceptable to the Director of Law to on Community and Economic Devel- more or less, but subject to all legal protect the public interest. opment, City Planning, Finance. highways. 169 16 The City Record February 7, 2001

EXCEPTING THEREFROM that public purpose of providing recre- Section 1. That this Council here- part of the above described premis- ational programming through the by declares its support for the Civil- es conveyed to Consolidated Rail use of Ward 2 Neighborhood Equity ian Conservation Corps and its Corp., by deed dated 1/31/79, and Funds. intention to assist the Civilian Con- recorded in Volume 14899, Page 785 Section 2. That the cost of said servation Corps in restoring funding of Cuyahoga County Records. contract shall be in an amount not so that the program may continue in Also subject to zoning ordinances, to exceed $58,000 and shall be paid Cleveland. if any. from Fund No. 10 SF 166 for services Section 2. That the Clerk of Coun- rendered on or after June 1, 2000. cil is hereby directed to transmit Permanent Parcel No. 017-17-041 Section 3. That the Director of certified copies of this resolution to Situated in the City of Cleveland, Law shall prepare and approve said the Ohio Department of Natural Re- County of Cuyahoga and State of contract and that the contract shall sources Civilian Conservation Corps. Ohio and known as being all of contain such terms and provisions Section 3. That this resolution is Sublot No. 284, E.R. Cowin Land Co’s as he deems necessary to protect the hereby declared to be an emergency Boulevard Hill Allotment of part of City’s interest. measure and, provided it receives Original Brooklyn Lot No. 5, as Section 4. That this ordinance is the affirmative vote of two-thirds of shown by the recorded plat in Vol- hereby declared to be an emergency all the members elected to Council, ume 54 of Maps, Page 38 of Cuya- measure and, provided it receives it shall take effect and be in force hoga County Records, be the same the affirmative vote of two-thirds of immediately upon its adoption and more or less, but subject to all legal all the members elected to Council, approval by the Mayor; otherwise it highways. it shall take effect and be in force shall take effect and be in force EXCEPTING THEREFROM that immediately upon its passage and from and after the earliest period part of the above described premis- approval by the Mayor; otherwise it allowed by law. es conveyed to Consolidated Rail shall take effect and be in force Referred to Directors of Parks, Corp., by deed dated 1/31/79, and from and after the earliest period Recreation and Properties, Finance, recorded in Volume 14899, Page 785 allowed by law. Law; Committees on Public Parks, of Cuyahoga County Records. Referred to Directors of Commu- Property and Recreation, Legislation, Also subject to zoning ordinances, nity Development, Finance, Law; Fi n a n c e . if any. Committees on Community and Eco- Section 2. That the Director of nomic Development, Public Parks, FIRST READING EMERGENCY Parks, Recreation and Properties is Property and Recreation, Finance. ORDINANCES READ IN FULL hereby authorized to execute on AND PASSED behalf of the City of Cleveland all FIRST READING EMERGENCY necessary documents to acquire RESOLUTION REFERRED Ord. No. 181-01. such property and to employ and By Councilman Cimperman. pay all fees for title companies, sur- Res. No. 180-01. An emergency ordinance authoriz- veys, escrows, appraisers, environ- By Councilmen Reed, Polensek, ing the Director of Community mental audits, and all other costs Brady, Britt, Cimperman, Cintron, Development to enter into a grant necessary for the acquisition of such Coats, Dolan, Gordon, Jackson, agreement with the Historic Gate- property. Johnson, Jones, Lewis, Melena, way Neighborhood Corporation to Section 3. That the consideration O’Malley, Patmon, Rybka, Sweeney, provide funding for operating to be paid for such property shall Westbrook, White and Willis. expenses in order to carry out the not exceed its fair market value. An emergency resolution declar- public purpose of providing social Section 4. That all costs of acqui- ing this Council’s support for the programs for the residents of Cleve- sition of land shall be paid from Civilian Conservation Corps and fur- land through the use of Ward 13 Fund No. 10 SF 166, Request No. ther declaring this Council’s inten- Neighborhood Equity Funds. 5086. tion to assist the Civilian Conserva- Whereas, this ordinance consti- Section 5. That this ordinance is tion Corps in restoring funding so tutes an emergency measure provid- hereby declared to be an emergency that the program may continue in ing for the usual daily operation of measure and, provided it receives Cleveland. a municipal department; now, there- the affirmative vote of two-thirds of Whereas, over the past twenty fore, all the members elected to Council, years, the Ohio Department of Nat- Be it ordained by the Council of it shall take effect and be in force ural Resources Civilian Conserva- the City of Cleveland: immediately upon its passage and tion Corps (CCC) has provided Section 1. That the Director of approval by the Mayor; otherwise it employment and training to over Community Development is autho- shall take effect and be in force 18,000 young men and women in rized to enter into a grant agree- from and after the earliest period Ohio, many of whom have been from ment with the Historic Gateway Neighborhood Corporation to provide allowed by law. the City of Cleveland; and funding for operating expenses in Referred to Directors of Parks, Whereas, unemployed, often dis- order to carry out the public purpose Recreation and Properties, City Plan- enfranchised Cleveland residents of providing social programs for the ning Commission, Finance, Law; have had the opportunity to gain residents of Cleveland through the Committees on Public Parks, Proper- valuable life skills, marketable use of Ward 13 Neighborhood Equi- ty and Recreation, City Planning, work skills and advance their edu- ty Funds. Fi n a n c e . cational levels while working and Section 2. That the cost of said learning in the Cleveland CCC Camp contract shall be in an amount not Ord. No. 179-01. and in CCC residential camps in to exceed $25,000 and shall be paid By Councilman White. Sandusky and Vinton counties; and from Fund No. 10 SF 166. An emergency ordinance autho- Whereas, the City of Cleveland Section 3. That the Director of rizing the Director of Community has made a substantial investment Law shall prepare and approve said Development to enter into a grant in youth and young adults from the contract and that the contract shall agreement with Miles Avenue Fam- City by providing land at Kirtland contain such terms and provisions ily YMCA for building site im- Park for the construction of a new as he deems necessary to protect the provements and recreational equip- building to house the Cleveland CCC City’s interest. ment in order to carry out the pub- Camp; and Section 4. That this ordinance is lic purpose of providing recre- Whereas, the effectiveness of the hereby declared to be an emergency ational programming through the CCC program was recognized in Sep- measure and, provided it receives use of Ward 2 Neighborhood Equi- tember, 2000 when CCC was honored the affirmative vote of two-thirds of ty Funds. by the U.S. Department of Labor as all the members elected to Council, Whereas, this ordinance consti- one of ten model youth employment it shall take effect and be in force tutes an emergency measure provid- and training programs in the nation; immediately upon its passage and ing for the usual daily operation of and approval by the Mayor; otherwise it a municipal department; now, there- Whereas, the governor of the shall take effect and be in force fore, State of Ohio has proposed to elim- from and after the earliest period Be it ordained by the Council of inate the CCC program; and allowed by law. the City of Cleveland: Whereas, this resolution consti- Motion to suspend rules. Charter Section 1. That the Director of tutes an emergency measure for the and statutory provisions and place Community Development is to enter immediate preservation of public on final passage. into a grant agreement with Miles peace, property, health or safety, The rules were suspended. Yeas Avenue Family YMCA for building now, therefore, 20. Nays 0. Read second time. Read site improvements and recreational Be it resolved by the Council of third time in full. Passed. Yeas 20. equipment in order to carry out the the City of Cleveland: Nays 0. 170 February 7, 2001 The City Record 17

Ord. No. 182-01. Section 2. That the cost of said must be received by the Director of By Councilman Cintron. contract shall be in an amount not Liquor Control within 30 days of An emergency ordinance authoriz- to exceed $57,000 and shall be paid notification; now, therefore, ing the Director of Community from Fund No. 10 SF 166. Be it resolved by the Council of Development to enter into a grant Section 3. That the Director of the City of Cleveland: agreement with Ohio City Near West Law shall prepare and approve said Section 1. That Council does here- Development Corporation for their contract and that the contract shall by record its objection to the trans- residential crime watch program to contain such terms and provisions fer of ownership of a D5 Liquor Per- carry out the public purpose of pro- as he deems necessary to protect the mit to 3146 West 14th Street from viding crime prevention training and City’s interest. Permit No. 8915027, 3146 West 14th crime watch programs in Ward 14 Section 4. That this ordinance is Street Corp., 3146 West 14th Street, through the use of Ward 14 Neigh- hereby declared to be an emergency Cleveland, Ohio 44113 to Permit No. borhood Equity Funds. measure and, provided it receives 6548676, 14th Street Café Inc., 3146 Whereas, this ordinance consti- the affirmative vote of two-thirds of West 14th Street, Cleveland, Ohio tutes an emergency measure provid- all the members elected to Council, 44113 and requests the Director of ing for the usual daily operation of it shall take effect and be in force Liquor Control to set a hearing for a municipal department; now, there- immediately upon its passage and said application in accordance with fore, approval by the Mayor; otherwise it provisions of Section 4303.26 of the Be it ordained by the Council of shall take effect and be in force Revised Code of Ohio. the City of Cleveland: from and after the earliest period Section 2. That the Clerk of Coun- Section 1. That the Director of allowed by law. cil be and she is hereby directed to Community Development is autho- Motion to suspend rules. Charter transmit two certified copies of this rized to enter into a grant agree- and statutory provisions and place resolution, together with two copies ment with Ohio City Near West on final passage. of a letter of objection and two Development Corporation for their The rules were suspended. Yeas copies of a letter requesting that the residential crime watch program to 20. Nays 0. Read second time. Read hearing be held in Cleveland, Cuya- carry out the public purpose of pro- third time in full. Passed. Yeas 20. hoga County. viding crime prevention training Nays 0. Section 3. That this resolution is and crime watch programs in Ward hereby declared to be an emergency 14 through the use of Ward 14 FIRST READING EMERGENCY measure and, provided it receives Neighborhood Equity Funds. RESOLUTIONS READ IN FULL the affirmative vote of two-thirds of Section 2. That the cost of said AND ADOPTED all the members elected to Council, contract shall be in an amount not it shall take effect and be in force to exceed $20,000 and shall be paid Res. No. 184-01. immediately upon its adoption and from Fund No. 10 SF 166. By Councilman Cimperman. approval by the Mayor; otherwise, it Section 3. That the Director of An emergency resolution object- shall take effect and be in force Law shall prepare and approve said ing to the transfer of ownership of from and after the earliest period contract and that the contract shall a D5 Liquor Permit to 3146 West allowed by law. contain such terms and provisions 14th Street. Motion to suspend rules. Charter as he deems necessary to protect the Whereas, Council has been noti- and statutory provisions and place City’s interest. fied by the Director of Liquor Con- on final passage. Section 4. That this ordinance is trol of an application for the trans- The rules were suspended. Yeas hereby declared to be an emergency measure and, provided it receives fer of ownership of a D5 Liquor Per- 20. Nays 0. Read second time. Read the affirmative vote of two-thirds of mit to 3146 West 14th Street from third time in full. Adopted. Yeas 20. all the members elected to Council, Permit No. 8915027, 3146 West 14th Nays 0. it shall take effect and be in force Street Corp., 3146 West 14th Street, immediately upon its passage and Cleveland, Ohio 44113 to Permit No. Res. No. 185-01. approval by the Mayor; otherwise it 6548676, 14th Street Café Inc., 3146 By Councilman Cimperman. shall take effect and be in force West 14th Street, Cleveland, Ohio An emergency resolution urging from and after the earliest period 44113; and the Cleveland School Board to allowed by law. Whereas, the granting of this review and revise the schedule of Motion to suspend rules. Charter application for a liquor permit to the Senate Athletic League to per- and statutory provisions and place this high crime area, which is mit holding athletic events for their on final passage. already saturated with other liquor members during evening hours. The rules were suspended. Yeas outlets, is contrary to the best inter- Whereas, this Council of the City 20. Nays 0. Read second time. Read ests of the entire community; and of Cleveland recognizes the impor- third time in full. Passed. Yeas 20. Whereas, the applicant does not tance of parental involvement with Nays 0. qualify to be a permit holder and/or the academic and extracurricular has demonstrated that he has oper- school activities of their children; Ord. No. 183-01. ated his liquor business in disregard and By Councilman Melena. of the laws, regulations or local Whereas, school officials, coaches, An emergency ordinance authoriz- ordinances of this state or any other parents and students should encour- ing the Director of Community state; and age and foster such involvement; Development to enter into an agree- Whereas, the place for which the and ment with Detroit Shoreway Com- permit is sought has not conformed Whereas, this Council has been munity Development Organization to the building, safety or health made aware that the Senate Athletic for safety, code enforcement and requirements of the governing body League, of which many Cleveland housing development activities to of this County or City; and schools, such as Glenville, John Hay further the public purpose of sup- Whereas, the place for which the and East Tech, are members are porting the operations of a non-profit permit is sought is so arranged or required to play their basketball community development organiza- constructed that law enforcement games during the day; and tion through the use of Ward 17 officers or agents of the Department Whereas, day time games prohibit Neighborhood Equity Funds. of Liquor Control are prevented rea- the attendance of many parents and Whereas, this ordinance consti- sonable access to the establishment; family members, cause students to tutes an emergency measure provid- and miss class time, and limit warm-up ing for the usual daily operation of Whereas, the place for which the time for the student athletes; and a municipal department; now, there- permit is sought is so located with Whereas, the switch to day time fore, respect to the neighborhood that it games dates back to 1979 when the Be it ordained by the Council of substantially interferes with public Cleveland public schools were the City of Cleveland: decency, sobriety, peace or good forced into busing; and Section 1. That the Director of order; and Whereas, the conditions under Community Development is autho- Whereas, this objection is based which day times games were rized to enter into an agreement on other legal grounds as set forth required has been changed; and with Detroit Shoreway Community in Revised Code Section 4303.292; Whereas, Council believes that the Development Organization for safe- and Cleveland Public School Board ty, code enforcement and housing Whereas, this resolution consti- should review this issue and return development activities to further the tutes an emergency measure provid- to night basketball games; and public purpose of supporting the ing for the immediate preservation Whereas, this resolution consti- operations of a non-profit community of the public peace, prosperity, safe- tutes an emergency measure for the development organization through ty and welfare pursuant to Section immediate preservation of public the use of Ward 17 Neighborhood 4303.26 of the Ohio Revised Code. peace, property, health or safety, Equity Funds. Council’s objection to said permit now, therefore, 171 18 The City Record February 7, 2001

Be it resolved by the Council of Enterprises Inc., DBA Sav Mor, 6206 Whereas, this Council objected to the City of Cleveland: Woodland, Cleveland, Ohio 44104 the renewal of a D5 and D6 Liquor Section 1. That this Council of the and requests the Director of Liquor Permit to 5200 Memphis Avenue by City of Cleveland urges the mem- Control to set a hearing for said Res. No. 1448-2000 adopted by Coun- bers of the Cleveland School Board application in accordance with pro- cil on August 7, 2000; and to review and revise the schedule of visions of Section 4303.26 of the Whereas, this Council wishes to the Senate Athletic League to per- Revised Code of Ohio. withdraw its objection to the above mit the member schools to have Section 2. That the Clerk of Coun- renewal and consents to said renew- their athletic events held during cil be and she is hereby directed to al; and evening hours to foster greater par- transmit two certified copies of this Whereas, this resolution consti- ent and family involvement. resolution, together with two copies tutes an emergency measure provid- Section 2. That this resolution is of a letter of objection and two ing for the usual daily operation of hereby declared to be an emergency copies of a letter requesting that the a municipal department; now, there- measure and, provided it receives hearing be held in Cleveland, Cuya- fore, the affirmative vote of two-thirds of hoga County. Be it resolved by the Council of all the members elected to Council, Section 3. That this resolution is the City of Cleveland: it shall take effect and be in force hereby declared to be an emergency Section 1. That objection to the immediately upon its adoption and measure and, provided it receives renewal of a D5 and D6 Liquor Per- approval by the Mayor; otherwise it the affirmative vote of two-thirds of mit to 5200 Memphis Avenue, be and shall take effect and be in force all the members elected to Council, the same is hereby withdrawn and from and after the earliest period it shall take effect and be in force Res. No. 1448-2000, containing said allowed by law. immediately upon its adoption and objection, be and the same is here- Motion to suspend rules. Charter approval by the Mayor; otherwise, it by repealed and that this Council and statutory provisions and place shall take effect and be in force consents to the immediate renewal on final passage. from and after the earliest period thereof. The rules were suspended. Yeas allowed by law. Section 2. That this resolution is 20. Nays 0. Read second time. Read Motion to suspend rules. Charter hereby declared to be an emergency third time in full. Adopted. Yeas 20. and statutory provisions and place measure and, provided it receives Nays 0. on final passage. the affirmative vote of two-thirds of The rules were suspended. Yeas all the members elected to Council, Res. No. 186-01. 20. Nays 0. Read second time. Read it shall take effect and be in force By Councilman Jackson. third time in full. Adopted. Yeas 20. immediately upon its adoption and An emergency resolution object- Nays 0. approval by the Mayor; otherwise, it ing to the issuance of a C1 Liquor shall take effect and be in force Permit to 6206 Woodland. Res. No. 187-01. from and after the earliest period Whereas, Council has been noti- By Councilman Gordon. allowed by law. fied by the Director of Liquor Con- An emergency resolution with- Motion to suspend rules. Charter trol of an application for the drawing objection to the renewal of and statutory provisions and place issuance of a C1 Liquor Permit to a D5 Liquor Permit to 2139 Broad- on final passage. Permit No. 2022968, Delaney Village view Rd., 1st Fl. & Bsmt., and The rules were suspended. Yeas Enterprises Inc., DBA Sav Mor, 6206 repealing Res. No. 1446-2000 object- 20. Nays 0. Read second time. Read Woodland, Cleveland, Ohio 44104; ing to said renewal. third time in full. Adopted. Yeas 20. and Whereas, this Council objected to Nays 0. Whereas, the granting of this the renewal of a D5 Liquor Permit application for a liquor permit to to 2139 Broadview Rd., 1st Fl. & Res. No. 189-01. By Councilman Lewis. this high crime area, which is Bsmt. by Res. No. 1446-2000 adopted An emergency resolution with- already saturated with other liquor by Council on August 7, 2000; and drawing objection to the renewal of outlets, is contrary to the best inter- Whereas, this Council wishes to a C2 and C2X Liquor Permit to 6029 ests of the entire community; and withdraw its objection to the above Superior Avenue, and repealing Res. Whereas, the applicant does not renewal and consents to said renew- No. 1342-2000 objecting to said qualify to be a permit holder and/or al; and renewal. has demonstrated that he has oper- Whereas, this resolution consti- Whereas, this Council objected to ated his liquor business in disregard tutes an emergency measure provid- the renewal of a C2 and C2X Liquor of the laws, regulations or local ing for the usual daily operation of Permit to 6029 Superior Avenue by ordinances of this state or any other a municipal department; now, there- Res. No. 1342-2000 adopted by Coun- state; and fore, cil on July 28, 2000; and Whereas, the place for which the Be it resolved by the Council of Whereas, this Council wishes to permit is sought has not conformed the City of Cleveland: withdraw its objection to the above to the building, safety or health Section 1. That objection to the renewal and consents to said renew- requirements of the governing body renewal of a D5 Liquor Permit to al; and of this County or City; and 2139 Broadview Rd., 1st Fl. & Bsmt., Whereas, this resolution consti- Whereas, the place for which the be and the same is hereby with- tutes an emergency measure provid- permit is sought is so arranged or drawn and Res. No. 1446-2000, con- ing for the usual daily operation of constructed that law enforcement taining said objection, be and the a municipal department; now, there- officers or agents of the Department same is hereby repealed and that fore, of Liquor Control are prevented rea- this Council consents to the imme- Be it resolved by the Council of sonable access to the establishment; diate renewal thereof. the City of Cleveland: and Section 2. That this resolution is Section 1. That objection to the Whereas, the place for which the hereby declared to be an emergency renewal of a C2 and C2X Liquor Per- permit is sought is so located with measure and, provided it receives mit to 6029 Superior Avenue, be and respect to the neighborhood that it the affirmative vote of two-thirds of the same is hereby withdrawn and substantially interferes with public all the members elected to Council, Res. No. 1342-2000, containing said decency, sobriety, peace or good it shall take effect and be in force objection, be and the same is here- order; and immediately upon its adoption and by repealed and that this Council Whereas, this objection is based approval by the Mayor; otherwise, it consents to the immediate renewal on other legal grounds as set forth shall take effect and be in force thereof. in Revised Code Section 4303.292; from and after the earliest period Section 2. That this resolution is and allowed by law. hereby declared to be an emergency Whereas, this resolution consti- Motion to suspend rules. Charter measure and, provided it receives tutes an emergency measure provid- and statutory provisions and place the affirmative vote of two-thirds of ing for the immediate preservation on final passage. all the members elected to Council, of the public peace, prosperity, safe- The rules were suspended. Yeas it shall take effect and be in force ty and welfare pursuant to Section 20. Nays 0. Read second time. Read immediately upon its adoption and 4303.26 of the Ohio Revised Code. third time in full. Adopted. Yeas 20. approval by the Mayor; otherwise, it Council’s objection to said permit Nays 0. shall take effect and be in force must be received by the Director of from and after the earliest period Liquor Control within 30 days of Res. No. 188-01. allowed by law. notification; now, therefore, By Councilman Gordon. Motion to suspend rules. Charter Be it resolved by the Council of An emergency resolution with- and statutory provisions and place the City of Cleveland: drawing objection to the renewal of on final passage. Section 1. That Council does here- a D5 and D6 Liquor Permit to 5200 The rules were suspended. Yeas by record its objection to the Memphis Avenue, and repealing 20. Nays 0. Read second time. Read issuance of a C1 Liquor Permit to Res. No. 1448-2000 objecting to said third time in full. Adopted. Yeas 20. Permit No. 2022968, Delaney Village renewal. Nays 0. 172 February 7, 2001 The City Record 19

Res. No. 190-01. Whereas, the place for which the improvements for the property locat- By Councilman Polensek. permit is sought has not conformed ed at Parcel F in the Cleveland An emergency resolution with- to the building, safety or health Industrial Park, Cleveland, Ohio drawing objection to the transfer requirements of the governing body 44128. of ownership of a D5 Liquor Per- of this County or City; and Approved by Directors of Econo- mit to 835-837 East 185th Street, Whereas, the place for which the mic Development, City Planning and repealing Res. No. 1829-2000 permit is sought is so arranged or Commission, Finance, Law; Recom- objecting to said transfer of owner- constructed that law enforcement mended by Committees on Commu- s h i p . officers or agents of the Department nity and Economic Development, Whereas, this Council objected to of Liquor Control are prevented rea- City Planning, Finance; when the transfer of ownership of a D5 sonable access to the establishment; amended as follows: Liquor Permit to 835-837 East 185th and 1. Strike Section 2 in its entirety Street by Res. No. 1829-2000 adopted Whereas, the place for which the and insert in lieu thereof the fol- by Council on October 16, 2000; and permit is sought is so located with lowing: “That the terms of said Whereas, this Council wishes to respect to the neighborhood that it agreement shall be in accordance withdraw its objection to the above substantially interferes with public with the terms as set forth in the transfer of ownership and consents decency, sobriety, peace or good Executive Summary contained in to said transfer of ownership based order; and File No. 1411-2000-A and also with upon and pursuant to a cooperation Whereas, this objection is based the following conditions: agreement signed January 31, 2001, on other legal grounds as set forth 1. The City will require best a copy of which is in the file for in Revised Code Section 4303.292; efforts to employ minority persons this address with the City Law and for one-third of new permanent jobs Department; and Whereas, this resolution consti- created, across all salary ranges and Whereas, this resolution consti- tutes an emergency measure pro- work force classifications. tutes an emergency measure provid- viding for the immediate preserva- 2. The City will require best ing for the usual daily operation of tion of the public peace, prosperi- efforts to employ City of Cleveland a municipal department; now, there- ty, safety and welfare pursuant to residents for at least 50% of new fore, Section 4303.26 of the Ohio Revised permanent jobs created. Be it resolved by the Council of Code. Council’s objection to said 3. If construction exceeds $75,000, the City of Cleveland: permit must be received by the the City will require good faith Section 1. That objection to the Director of Liquor Control within efforts to insure (a) construction transfer of ownership of a D5 30 days of notification; now, there- contracts and supplier purchase Liquor Permit to 835-837 East 185th f o r e , orders let on the project be 15% cer- Street, be and the same is hereby Be it resolved by the Council of tified Minority Business Enterprises withdrawn and Res. No. 1829-2000, the City of Cleveland: (“MBE”) and 5% certified Female containing said objection, be and Section 1. That Council does here- Business Enterprises (“FBE”); (b) the same is hereby repealed and by record its objection to the trans- construction jobs created by the pro- that this Council consents to the fer of ownership of a D1, D2, D3 and ject be provided to at 16.1% minori- immediate transfer of ownership D3A Liquor Permit from Permit No. ties and 6.9% females; and (c) at t h e r e o f . 0098540, Albert & Pattys Little Keg least 50% of all construction jobs Section 2. That this resolution is Inc., DBA Little Keg, 4690 West created by the project be provided hereby declared to be an emergency 130th Street, 1st Fl. & Bsmt. South- to Cleveland residents. measure and, provided it receives side, Cleveland, Ohio 44135 to Permit 4. Approval is contingent upon the affirmative vote of two-thirds of No. 73954740005, Risko Inc., 4690 review and approval by City Plan- all the members elected to Council, West 130th Street, 1st Fl. & Bsmt. ning Commission and Division of it shall take effect and be in force Southside, Cleveland, Ohio 44135 and Building and Housing. immediately upon its adoption and requests the Director of Liquor Con- 5. Loan has been approved by approval by the Mayor; otherwise, it trol to set a hearing for said appli- CCDCLoan Review Board and CCDC shall take effect and be in force cation in accordance with provisions Board of Trustees.”. from and after the earliest period of Section 4303.26 of the Revised Amendments agreed to. allowed by law. Code of Ohio. Motion to suspend rules. Charter Section 2. That the Clerk of Coun- Ord. No. 1412-2000. and statutory provisions and place cil be and she is hereby directed to By Councilmen Jones, Melena, on final passage. transmit two certified copies of this Cimperman and Patmon (by depart- The rules were suspended. Yeas resolution, together with two copies mental request). 20. Nays 0. Read second time. Read of a letter of objection and two An emergency ordinance authoriz- third time in full. Adopted. Yeas 20. copies of a letter requesting that the ing the Commissioner of Purchases Nays 0. hearing be held in Cleveland, Cuya- and Supplies to sell City-owned prop- hoga County. erty no longer needed for public use Res. No. 191-01. Section 3. That this resolution is located at Block F of the Cleveland By Councilman Sweeney. hereby declared to be an emergency Industrial Park to Nisman-Rozgonyi An emergency resolution object- measure and, provided it receives Enterprises LLC. ing to the transfer of ownership of the affirmative vote of two-thirds of Approved by Directors of Econo- a D1, D2, D3 and D3A Liquor Per- all the members elected to Council, mic Development, City Planning mit to 4690 West 130th Street, 1st Fl. it shall take effect and be in force Commission, Finance, Law; Recom- & Bsmt. Southside. immediately upon its adoption and mended by Committees on Commu- Whereas, Council has been noti- approval by the Mayor; otherwise, it nity and Economic Development, fied by the Director of Liquor Con- shall take effect and be in force City Planning, Finance. trol of an application for the trans- from and after the earliest period fer of ownership of a D1, D2, D3 and allowed by law. Ord. No. 1413-2000. D3A Liquor Permit from Permit No. Motion to suspend rules. Charter By Councilmen Jones, Melena, 0098540, Albert & Pattys Little Keg and statutory provisions and place Cimperman and Patmon (by depart- Inc., DBA Little Keg, 4690 West on final passage. mental request). 130th Street, 1st Fl. & Bsmt. South- The rules were suspended. Yeas An emergency ordinance authoriz- side, Cleveland, Ohio 44135 to Permit 20. Nays 0. Read second time. Read ing the Director of Economic Devel- No. 73954740005, Risko Inc., 4690 third time in full. Adopted. Yeas 20. opment to enter into an Enterprise West 130th Street, 1st Fl. & Bsmt. Nays 0. Zone Agreement with Nisman-Roz- Southside, Cleveland, Ohio 44135; gonyi Enterprises LLC to provide and SECOND READING for a ten year abatement for real Whereas, the granting of this EMERGENCY ORDINANCES estate taxes as an incentive for land application for a liquor permit to acquisition and construction and for this high crime area, which is Ord. No. 1411-2000. the acquisition of personal property already saturated with other liquor By Councilmen Jones, Melena, located at Parcel F in the Cleveland outlets, is contrary to the best inter- Cimperman and Patmon (by depart- Industrial Park, Cleveland, Ohio ests of the entire community; and mental request). 44128. Whereas, the applicant does not An emergency ordinance authoriz- Approved by Directors of Econo- qualify to be a permit holder and/or ing the Director of Economic Devel- mic Development, City Planning has demonstrated that he has oper- opment to enter into a contract with Commission, Finance, Law; Recom- ated his liquor business in disregard Nisman-Rozgoyni Enterprises LLC mended by Committees on Commu- of the laws, regulations or local to provide economic development nity and Economic Development, ordinances of this state or any other assistance to partially finance land City Planning, Finance; when state; and acquisition, construction and site amended as follows: 173 20 The City Record February 7, 2001

1. In Section 3, line 3, strike “1413- 5. In Section 1, at Section 358.06, mended by Committees on Commu- 2000-A” and insert in lieu thereof reletter existing division “(g)” to nity and Economic Development, “1413-2000-B”. new division “(h)”. City Planning, Finance; when Amendment agreed to. 6. In Section 1, at Section amended as follows: 358.07(c), at the end, strike the peri- 1. In Section 3, at the end, strike Ord. No. 1576-2000. od after “fence” and insert the fol- the period and insert the following: By Mayor White. lowing: “, and the replacement does “, and a provision requiring the An emergency ordinance authoriz- not involve changes to foundations grantee to use best efforts to ing authorizing the purchase by or footers. The exemption regarding achieve the following economic requirement contract of labor and partial replacement does not apply impact goals as described in the materials necessary to remove rub- to walls.”. Executive Summary of this legisla- ber and paint from paved surfaces, Amendments agreed to. tion: for the various divisions of the Projected Economic Impact: Department of Port Control, for a Ord. No. 1866-2000. Jobs Retained 0 period not to exceed two years. By Councilmen O’Malley and Pat- Jobs Created 15 Approved by Directors of Port mon (by departmental request). Minority Jobs Created 7”. Control, Finance, Law; Recommend- An emergency ordinance authoriz- ed by Committees on Aviation and ing the purchase by requirement 2. Insert new Section 4 to read as Transportation, Finance; when contract of diving and underwater follows: amended as follows: inspection services, for the Division “Section 4. That the project to be 1. In Section 2, line 1, after “shall” of Water, Department of Public Util- implemented after the conveyance insert the following “not exceed ities, for a period not to exceed two of the above-mentioned property $73,500.00 and shall”. years. shall be reviewed by the Depart- 2. Insert new Section 4 to read as Approved by Directors of Public ment of City Planning regarding follows: Utilities, Finance, Law; Recom- site and landscape plans.”. “Section 4. That the Director of mended by Committees on Public 3. Renumber existing “Section 4” Port Control shall enter into the Utilities, Finance; when amended as to new “Section 5”. requirement contract authorized follows: Amendments agreed to. herein by July 31, 2001.”. 1. In Section 2, line 1, after “shall” 3. Renumber existing “Section 4” insert “not exceed $300,000.00 and Ord. No. 2110-2000. to new “Section 5”. shall”. By Councilmen Polensek, Lewis Amendments agreed to. Amendment agreed to. and Patmon (by departmental re- quest). Ord. No. 1811-2000. Ord. No. 1877-2000. An emergency ordinance to amend By Councilmen Cimperman, Lewis By Councilmen Patmon, Melena Sections 633.01 and 633.02 of the Cod- and Patmon (by departmental re- and Cimperman (by departmental ified Ordinances of Cleveland, Ohio, quest). request). 1976, as enacted by Ordinance No. An emergency ordinance to sup- An emergency ordinance authoriz- 1310-96, passed December 2, 1996, plement the Codified Ordinances of ing the sale of real property as part relating to obstruction marking and Cleveland, Ohio, 1976, by enacting of the Land Reutilization Program lighting. new Sections 358.01 to 358.07 relat- and located at 1255 East 105th Street Approved by Directors of Public ing to fence regulations; to amend and rear of 1251 East 105th Street to Safety, Finance, Law; Recommend- 337.23 and 357.13 as amended by var- Adrian Thompson. ed by Committees on Public Safety, ious ordinances; and to repeal Sec- Approved by Directors of Commu- Legislation, Finance; when amended tions 325.221, 325.222, 325.223 and nity Development, City Planning as follows: 629.06 thereof. Commission, Finance, Law; Recom- 1. In Section 1, at Section Approved by Directors of City mended by Committees on Commu- 633.01(d), line 5, strike “under” and Planning Commission, Finance, nity and Economic Development, insert “over”. Law; Recommended by Committees City Planning,m Finance. 2. In Section 1, at Section 633.02(a), on City Planning, Legislation, strike lines 4-7 in their entirety and Finance; when amended as follows: Ord. No. 1968-2000. insert in lieu thereof the following: 1. In Section 1, at Section By Councilman Polensek. “aviation safety marking and 358.03(a), line 7, after “along” insert An emergency ordinance to vacate obstruction lighting. Such aviation “and parallel to”. a portion of East 200th Street herein- safety marking and obstruction 2. In Section 1, at Section after described. lighting shall be consistent with the 358.03(b), at the end, insert the fol- Approved by Directors of Public current applicable requirements for lowing sentence: “The Board of Zon- Service, City Planning Commission structures greater than two hundred ing Appeals may, however, permit Finance, Law; Recommended by (200) feet above ground level as pre- retention or installation of such non- Committees on Public Service, City scribed in the Federal Aviation conforming fence if the Board deter- Planning, Finance. Administration Advisory Circular mines that no hazard is created in currently applicable.”. a particular instance.”. Ord. No. 1971-2000. 3. In Section 1, at Section 633.02(b), 3. In Section 1, at Section By Councilmen Cimperman, Mele- strike lines 4-7 in their entirety and 358.04(c)(1), at the end, after “line.” na and Patmon. insert in lieu thereof the following: insert the following: “The Board of An emergency ordinance authoriz- “and obstruction lighting. Such avia- Zoning Appeals may, however, per- ing the sale of real property as part tion safety marking and obstruction mit a chain link fence if the Board of the Land Reutilization Program lighting shall be consistent with the determines that such fence is com- and located at 2445, 2451-55 and 2479 current applicable requirements for mon in the immediate vicinity of the West 5th Street to Tremont West structures greater than two hundred subject property.”. Development Corporation or (200) feet above ground level as pre- 4. In Section 1, at Section 358.06, designee. scribed in the Federal Aviation insert new division (g) to read as Approved by Directors of Commu- Administration Advisory Circular follows: nity Development, City Planning currently applicable.”. “(g ) Temporary Construction Commission, Finance, Law; Recom- 4. In Section 1, at Section 633.02, Fe n c e s . Notwithstanding other provi- mended by Committees on Commu- after division (c) insert new divi- sions of this chapter, a temporary nity and Economic Development, sion (d) to read as follows: fence shall be permitted in any zon- City Planning, Finance. “(d) Any person applying to the ing district to enclose a site at which City to own or construct a new or construction activity is underway. Ord. No. 2031-2000. existing obstruction shall provide Such fence shall be in place only for By Councilmen Jones, Melena, written notice to the Director of the duration of the construction activ- Cimperman and Patmon (by depart- Public Safety.”. ity and shall be removed when con- mental request). Amendments agreed to. struction activity has been completed An emergency ordinance authoriz- or has been discontinued for a peri- ing the Commissioner of Purchases Ord. No. 2111-2000. od of three (3) months or more. Such and Supplies to sell City-owned prop- By Councilmen Johnson, Rybka, fence shall be located as necessary to erty no longer needed for public use Cimperman and Patmon (by depart- protect the public and to secure the located in Block H of the Cleveland mental request). construction site, as approved by the Industrial Park to JRM Chemical An emergency ordinance authoriz- Commissioner of Building and Hous- Inc. ing the Commissioner of Purchases ing. The fence may be chain link, Approved by Directors of Econo- and Supplies to purchase a site for wood or another material approved mic Development, City Planning the expansion of the Woodland by the Commissioner.”. Commission, Finance, Law; Recom- Recreation Center located at 9206 174 February 7, 2001 The City Record 21

Woodland Avenue, for the Depart- Approved by Directors of Commu- trical, mechanical, structural and ment of Parks, Recreation and Prop- nity Development, Finance, Law; environmental engineering services erties. Recommended by Committees on for the Division of Architecture. Approved by Directors of Parks, Community and Economic Develop- Approved by Directors of Public Recreation and Properties, City Plan- ment, Finance. Service, Finance, Law; Recommend- ning Commission, Finance, Law; ed by Committees on Public Service, Recommended by Committees on Ord. No. 2115-2000. Finance. Public Parks, Property and Recre- By Councilmen Patmon, Melena ation, City Planning, Finance; when and Cimperman (by departmental Ord. No. 2262-2000. amended as follows: request). By Mayor White. 1. In Section 1, at the end of the An emergency ordinance authoriz- An emergency ordinance authoriz- legal descriptions, insert the follow- ing the sale of real property as part ing the Director of Port Control to ing: of the Land Reutilization Program enter into an agreement with and located at 1212 and 1246 Park- START-A-HEART, INCORPORATED “Permanent Parcel No. 126-14-075 wood Drive and 10922 and 10928 for the acquisition of automated Address: 9100 Kennedy Avenue Olivet Avenue to The New Fellow- external defibrillators and related items at no cost to the City to be Situated in the City of Cleveland, ship Baptist Church. County of Cuyahoga and State of located at Cleveland Hopkins Inter- Approved by Directors of Commu- national Airport. Ohio and known as being Sublot No. nity Development, City Planning 121 in Hamilton and Wyman’s Allot- Approved by Directors of Port Con- Commission, Finance, Law; Recom- trol, Finance, Law; Recommended by ment of part of original 100 Acre Lot mended by Committees on Commu- No. 416, as shown by the Recorded Committees on Aviation and Trans- nity and Economic Development, portation, Finance; when amended as Plat in Volume 5 of Maps, Page 22 City Planning, Finance. of Cuyahoga County Records, and follows: being 41 feet front on the Southerly 1. In Section 1, line 10, after “re- Ord. No. 2117-2000. side of Kennedy Avenue, S.E. and newed for” insert “on e ” and in line 11, extending back of equal width 140 By Councilmen White, Melena, strike “periods” and insert “pe r i o d ”. feet, 2 inches, as appears by said Cimperman and Polensek (by de- 2. Insert new Section 2 to read as Plat, be the same more or less, But partmental request). follows: subject to all legal highways. An emergency ordinance autho- “Section 2. That the Director of rizing the sale of real property as Port Control is authorized to acquire Permanent Parcel No. 126-14-076 part of the Land Reutilization Pro- a maximum of forty (40) automated Address: 9014-16 Kennedy Avenue gram and located at scattered sites external defibrillators and upon Situated in the City of Cleveland, on East 93rd Street to Union Miles acquisition of each defibrillator the County of Cuyahoga and State of Development Corporation. Director of Port Control shall send Ohio and known as being the East- Approved by Directors of Commu- a written notice identifying the cost erly 33.29 feet from front to rear of nity Development, City Planning of the defibrillator and the name of Sublot No. 120 in Hamilton & Commission, Finance, Law; Recom- the sponsor to the City Council Pres- Wyman’s Allotment, of part of orig- mended by Committees on Commu- ident, the Chairperson of the Avia- inal 100 Acre Lot No. 416 as shown nity and Economic Development, tion and Transportation Committee, by the recorded plat of said allot- City Planning, Finance. and the Clerk of Council. Upon ment in Volume 5 of Maps, Page 22 receipt of such notice, the Clerk of of Cuyahoga County Records and Ord. No. 2203-2000. Council shall publish the name of being 33.29 feet on the Southerly By Councilmen Cintron, Cimper- the sponsor in the City Record.”. 3. Renumber existing “Section 2” side of Kennedy Avenue, S.E. (for- man and Patmon (by departmental to new “Section 3” and existing “Sec- merly Kennedy Street) and extends request). tion 3” to new “Section 4”. back between parallel lines, 140 feet An emergency ordinance deter- Amendments agreed to. 2 inches, as appears by said plat, be mining the method of making the the same more or less but subject to public improvement of rehabilitat- Ord. No. 2268-2000. all legal highways.”. ing, replacing or otherwise improv- By Councilman Cintron (by re- Amendment agreed to. ing various Public Service facility quest). roofs; authorizing the Director of An emergency ordinance authoriz- Ord. No. 2112-2000. Public Service to enter into contract ing the Director of Public Service to By Councilmen Lewis, Melena, for the making of the improvement; issue a permit to Cimperman and Patmon (by depart- and authorizing the Director of Pub- to hang approximately ten (10) ban- mental request). lic Service to employ one or more ners, using utility poles (by separate An emergency ordinance authoriz- professional consultants necessary permission), within the public right- ing the sale of real property as part to design the improvement. of-way of West 38th St. and Bridge of the Land Reutilization Program Approved by Directors of Public Ave. and westerly of Fulton Ave. and located at 6719 Dunham Avenue Service, City Planning Commission, Approved by Directors of Public to Minnie Worley. Finance, Law; Recommended by Service, City Planning Commission, Approved by Directors of Commu- Committees on Public Service, City Finance, Law; Recommended by nity Development, City Planning Planning, Finance. Committees on Public Service, City Commission, Finance, Law; Recom- Planning, Finance. mended by Committees on Commu- Ord. No. 2204-2000. nity and Economic Development, By Councilmen Cintron, Cimper- Ord. No. 2270-2000. City Planning, Finance. man and Patmon (by departmental By Councilmen Britt, Melena, Cim- request). perman and Patmon (by departmen- Ord. No. 2113-2000. An emergency ordinance deter- tal request). By Councilmen Lewis, Melena, An emergency ordinance authoriz- Cimperman and Patmon (by depart- mining the method of making the public improvement of rehabilitat- ing the sale of real property as part mental request). of the Land Reutilization Program An emergency ordinance authoriz- ing, renovating, reconstructing or otherwise improving various Public and located on Woodland Avenue ing the sale of real property as part (now Larchmere Boulevard) to the of the Land Reutilization Program Service facilities; authorizing said Director to enter into contract for Cleveland Board of Education. and located at 1464 East 71st Street, Approved by Directors of Commu- the making of such improvement; to Enoree Baptist Church. nity Development, City Planning Approved by Directors of Commu- and authorizing the Director of Pub- Commission, Finance, Law; Recom- nity Development, City Planning lic Service to employ one or more mended by Committees on Commu- Commission, Finance, Law; Recom- professional consultants necessary nity and Economic Development, mended by Committees on Commu- to design the improvement. City Planning, Finance. nity and Economic Development, Approved by Directors of Public City Planning, Finance. Service, City Planning Commission, Ord. No. 2310-2000. Finance, Law; Recommended by By Councilmen Jones, Melena, Ord. No. 2114-2000. Committees on Public Service, City Cimperman and Patmon (by de- By Councilmen Melena and Pat- Planning, Finance. partmental request). mon (by departmental request). An emergency ordinance authoriz- An emergency ordinance authoriz- Ord. No. 2205-2000. ing the sale of real property as part ing the Director of Community By Councilmen Cintron and Pat- of the Land Reutilization Program Development to enter into a First mon (by departmental request). and located on Sunview Avenue to Amendment to Contract No. 56379 An emergency ordinance authoriz- Amistad Development Corporation with Burten Bell Carr Development, ing the Director of Public Service to or designee. Inc. to provide additional neighbor- employ one or more professional con- Approved by Directors of Commu- hood revitalization activities. sultants necessary to provide elec- nity Development, City Planning 175 22 The City Record February 7, 2001

Commission, Finance, Law; Recom- Ord. No. 2200-2000. THE CALENDAR mended by Committees on Commu- By Councilmen Coats, O’Malley, nity and Economic Development, Cimperman and Patmon (by depart- City Planning, Finance. mental request). The following measures will be on An emergency ordinance authoriz- their final passage at the next meet- SECOND READING ing the Director of Public Utilities ing: EMERGENCY RESOLUTIONS to make alterations and modifica- tions in Contract No. 55468 for the ORDINANCES Res. No. 1883-2000. roof replacement/repair project at By Councilman Britt (by request). 12302 Kirby Avenue, with Advanced Ord. No. 1411-2000. An emergency resolution declar- Roofing System, for the Department By Councilmen Jones, Melena, ing the intention to vacate a portion of Public Utilities. Cimperman and Patmon (by depart- of Mt. Overlook Avenue S.E. Read third time. Passed. Yeas 20. mental request). Approved by Directors of Public Nays 0. An emergency ordinance authoriz- Service, City Planning Commission, ing the Director of Economic Devel- Finance, Law; Recommended by Ord. No. 2305-2000. opment to enter into a contract with Committees on Public Service, City By Councilman Patmon (by de- Nisman-Rozgoyni Enterprises LLC to Planning, Finance. partmental request). provide economic development assis- An emergency ordinance authoriz- tance to partially finance land acqui- Res. No. 2033-2000. ing the Director of Finance to pay sition, construction and site improve- By Councilman Cimperman (by re- as Moral Claims the sums herein set ments for the property located at quest). forth opposite the names of the Parcel F in the Cleveland Industrial An emergency resolution declar- claimants. Park, Cleveland, Ohio 44128. ing the intention to vacate a portion Read third time. Passed. Yeas 20. Whereas, this ordinance consti- of Hamilton Court N.E. Nays 0. tutes an emergency measure provid- Approved by Directors of Public ing for the usual daily operation of Service, City Planning Commission, Ord. No. 2309-2000. a municipal department; now, there- Finance, Law; Recommended by By Councilmen Polensek and Pat- fore Committees on Public Service, City mon (by departmental request). Be it ordained by the Council of An emergency ordinance authoriz- Planning, Finance. the City of Cleveland: ing the Director of Public Safety to Section 1. That the Director of Res. No. 2034-2000. enter into contract without competi- tive bidding with IBM Global Sys- Economic Development is hereby By Councilmen Johnson and Britt authorized to enter into a contract (by request). tems for the purchase of mainte- nance of the CAD, other IBM equip- with Nisman-Rozgoyni Enterprises An emergency resolution declar- LLC to provide economic develop- ing the intention to vacate portions ment, hubs, printers and monitors, ment assistance to partially finance of Williams Avenue and East 128th for the Division of Police, Depart- the land acquisition, construction Street. ment of Public Safety, for a period Approved by Directors of Public of one year, with two one-year and site improvements for the prop- Service, City Planning Commission, options to renew. erty located at Parcel F in the Finance, Law; Recommended by Read third time. Passed. Yeas 20. Cleveland Industrial Park, Cleve- Committees on Public Service, City Nays 0. land, Ohio 44128. Planning, Finance. Section 2. That the terms of said LAID ON THE TABLE agreement shall be in accordance with the terms as set forth in the Res. No. 2124-2000. MOTION By Councilmen Melena, West- Executive Summary contained in brook, Cintron, Cimperman and Pat- File No. 1411-2000-A and also with By Councilman Dolan and second- the following conditions: mon (by departmental request). ed by Councilman Patmon that Ordi- An emergency resolution declar- 1. The City will require best nance No. 75-01, an emergency ordi- efforts to employ minority persons ing it necessary to improve West nance authorizing a requirement for one-third of new permanent jobs 117th Street from Madison Avenue to contract with Standard Signs for the approximately 100 feet north of installation of runway signs for created, across all salary ranges and Clifton Boulevard by constructing Cleveland Hopkins International work force classifications. an amenity strip in the sidewalk Airport, be laid on the table since it 2. The City will require best and emplacing tree pockets. is duplicative of legislation already efforts to employ City of Cleveland Approved by Directors of Public passed by Council. residents for at least 50% of new Service, City Planning Commission, permanent jobs created. Finance, Law; Recommended by Ord. No. 75-01. 3. If construction exceeds $75,000, Committees on Public Service, City By Mayor White. the City will require good faith Planning, Finance. An emergency ordinance authoriz- efforts to insure (a) construction ing the Director of Port Control to contracts and supplier purchase THIRD READING EMERGENCY enter into a requirement contract orders let on the project be 15% cer- ORDINANCES PASSED with Standard Signs, Inc. for the labor tified Minority Business Enterprises and materials necessary to install (“MBE”) and 5% certified Female Ord. No. 2097-2000. runway signs for the designation of Business Enterprises (“FBE”); (b) By Councilmen O’Malley, Cimper- the runways, for the Division of construction jobs created by the pro- man and Patmon (by departmental Cleveland Hopkins International Air- ject be provided to at 16.1% minori- request). port, Department of Port Control. ties and 6.9% females; and (c) at An emergency ordinance deter- Without objection, Ordinance No. least 50% of all construction jobs mining the method of making the 75-01 was laid on the table. created by the project be provided public improvement of rehabilitat- to Cleveland residents. ing and replacing the Lee Road area MOTION 4. Approval is contingent upon sewer system and sewer and man- review and approval by City Plan- hole relining on various tributary By Councilman Johnson and sec- ning Commission and Division of streets, and authorizing the Director onded by Councilman Dolan and Building and Housing. of Public Utilities to enter into con- unanimously carried that the 5. Loan has been approved by tract for the making of such absence of Councilman Joseph T. CCDCLoan Review Board and CCDC improvement. Jones be and is hereby authorized. Read third time. Passed. Yeas 20. Board of Trustees. Nays 0. MOTION Section 3. That the costs of said contract shall not exceed Three Ord. No. 2153-2000. The Council adjourned at 8:05 p.m. Hundred Thirty-Four Thousand Dol- By Mayor White. to meet on Monday, February 12, lars ($334,000.00), and shall be paid An emergency ordinance authoriz- 2001 at 7:00 p.m. in the Council from Fund Nos. 12 SF 954 and 17 SF ing the Mayor, or his designee, to Chambers. 008, Request No. 26606. accept registration fees, enter into Section 4. That the Director of Eco- contract for the purchase of materi- nomic Development is hereby autho- als, course supplies and refresh- rized and directed to accept collater- ments, in connection with the James al as said Director shall deem ade- H. Walker Construction Manage- quate in order to secure repayment ment Training Course to be con- of said loan. Any security instru- ducted by the Office of Equal Oppor- ment shall be prepared and approved tunity. by the Director of Law. Read third time. Passed. Yeas 20. Section 5. That the Director of Nays 0. Clerk of Council Economic Development is hereby 176 February 7, 2001 The City Record 23 authorized to accept monies in Whereas, this ordinance consti- materials necessary to remove rub- repayment of the loan and to deposit tutes an emergency measure in that ber and paint from paved surfaces, said monies in Fund Nos. 12 SF 958 the same provides for the immediate for the various divisions of the and 17 SF 006. preservation of the public peace, Department of Port Control, for a Section 6. That the Director of safety, property, and welfare and for period not to exceed two years. Economic Development is hereby the further reason that its enactment Whereas, this ordinance consti- authorized to accept charges and is a necessary prerequisite to pro- tutes an emergency measure provid- accept fees in an amount not to viding immediate assistance to cre- ing for the usual daily operation of exceed the maximum allowable ate and preserve job opportunities a municipal department; now, there- under federal regulations and and advance and promote commer- fore, expend such fees to cover costs cial and economic development in the Be it ordained by the Council of incurred in the preparation of the City of Cleveland, such assistance the City of Cleveland: loan application, closing and servic- being immediately necessary or such Section 1. That the Director of ing of the loan. Such fees shall be jobs will be lost; now, therefore, Port Control is hereby authorized to deposited to and expended from Whereas, this ordinance consti- make a written requirement con- Fund No. 17 SF 305, Loan Fees Fund. tutes an emergency measure provid- tract in accordance with the Charter Section 7. That the Director of ing for the usual daily operation of and the Codified Ordinances of Law is hereby authorized to prepare a municipal department; now, there- Cleveland, Ohio, 1976, for the said contract and such other docu- fore requirements for the period of two ments as may be appropriate to Be it ordained by the Council of years of the necessary items of complete the transaction. the City of Cleveland: labor and materials necessary to Section 8. That this ordinance is Section 1. That this Council here- remove rubber and paint from paved hereby declared to be an emergency by approves the application of the surfaces, in the approximate amount measure and provided it receives the Enterprise for enterprise zone incen- as purchased during the preceding affirmative vote of two-thirds of all tives on the basis that the Enter- term, to be purchased by the Com- the members elected to Council, it prise is qualified by financial missioner of Purchases and Supplies shall take effect and be in force responsibility and business experi- upon a unit basis for the various immediately upon its passage and ence to create and preserve employ- divisions of the Department of Port approval by the Mayor; otherwise, it ment opportunities in the Cleveland Control. Bids shall be taken in such shall take effect and be in force Area Enterprise Zone and to manner as to permit an award to be from and after the earliest period improve the economic climate of the made for all items as a single con- allowed by law. City of Cleveland. tract, or by separate contract for Section 2. That the Director of each or any combination of said Ord. No. 1412-2000. Economic Development is autho- items as the Board of Control shall By Councilmen Jones, Melena, rized to enter into an Enterprise determine. Alternate bids for a peri- Cimperman and Patmon (by depart- Zone Agreement with the Enterprise od less than two years may be taken mental request). to provide for a ten (10) year, abate- if deemed desirable by the Commis- An emergency ordinance authoriz- ment for real estate taxes as an sioner of Purchases and Supplies ing the Commissioner of Purchases incentive for the land acquisition until provision is made for the and Supplies to sell City-owned prop- and construction and for the acqui- requirements for the entire term. erty no longer needed for public use sition of personal property located Section 2. That the cost of said located at Block F of the Cleveland at Parcel F in the Cleveland Indus- contract shall not to exceed Industrial Park to Nisman-Rozgonyi trial Park, Cleveland, Ohio 44128; $73,500.00 and shall be charged Enterprises LLC. said abatement shall be subject to against the proper appropriation annual review of the Tax Incentive account and the Director of Finance Ord. No. 1413-2000. Review Council. shall certify thereon the amount of By Councilmen Jones, Melena, Section 3. That the terms of said the initial purchase thereunder, Cimperman and Patmon (by depart- tax abatement shall be in accor- which purchase, together with all mental request). dance with the terms as set forth in subsequent purchases, shall be made An emergency ordinance authoriz- the Executive Summary contained on order of the Commissioner of ing the Director of Economic Devel- in File No. 1413-2000-B. That terms Purchases and Supplies pursuant to opment to enter into an Enterprise of said file notwithstanding, the a requisition against such contract Zone Agreement with Nisman-Roz- terms of the tax abatement shall not duly certified by the Director of gonyi Enterprises LLC to provide be amended, nor shall the tax abate- Finance. (RL 8300) for a ten year abatement for real ment be assignable or transferred to Section 3. That pursuant to Sec- estate taxes as an incentive for land any entity, without the prior leg- tion 108(b) of the Charter, the pur- acquisition and construction and for islative authorization by Cleveland chase authorized by this ordinance the acquisition of personal property City Council. may be made through cooperative located at Parcel F in the Cleveland Section 4. That the Director of agreement using state procedures. Industrial Park, Cleveland, Ohio Economic Development is hereby The Director of Port Control may 44128. authorized to charge and accept fees sign all documents with the State of Whereas, pursuant to Ordinance in an amount not to exceed the max- Ohio or any of its political subdivi- No. 948-95, passed June 19, 1995, this imum allowable under Chapter 5709 sions that are necessary to effectu- Council designated an area which is of the Revised Code and such funds ate such cooperative efforts, and in the City of Cleveland and are hereby appropriated for the pur- may enter into contract with the described in File No. 948-95-A, as the poses set forth in Chapter 5709 of vendors selected through that coop- Cleveland Area Enterprise Zone the Revised Code. Such fees shall erative process. (the “Zone”) pursuant to Chapter be deposited to and expended from Section 4. That the Director of 5709 of the Ohio Revised Code; and Fund No. 17 SF 305, Loan Fees Fund. Port Control shall enter into the Whereas, in August, 1995, the Section 5. That the Director of requirement contract authorized Director of Development of the State Law shall prepare and approve said herein by July 31, 2001. of Ohio determined that the Zone agreement and that said agreement Section 5. That this ordinance is contains the characteristics set forth shall contain such terms and provi- hereby declared to be an emergency in Section 5709.61(A) of the Revised sions as he deems necessary to pro- measure and, provided it receives Code and certified said area as an tect the City’s interest. the affirmative vote of two-thirds of “Urban Jobs and Enterprise Zone” Section 6. That this ordinance is all the members elected to Council, pursuant to Chapter 5709 of the hereby declared to be an emergency it shall take effect and be in force Revised Code; and measure and provided it receives the immediately upon its passage and Whereas, Nisman-Rozgonyi Enter- affirmative vote of two-thirds of all approval by the Mayor; otherwise it prises LLC (the “Enterprise”) has the members elected to Council, it shall take effect and be in force proposed for the land acquisition shall take effect and be in force from and after the earliest period and construction and for the acqui- immediately upon its passage and allowed by law. sition of personal property located approval by the Mayor; otherwise, it at Parcel F in the Cleveland Indus- shall take effect and be in force Ord. No. 1811-2000. trial Park, Cleveland, Ohio 44128; from and after the earliest period By Councilmen Cimperman, Lewis and allowed by law. and Patmon (by departmental re- Whereas, the Enterprise has cer- quest). tified to the City that, but for abate- Ord. No. 1576-2000. An emergency ordinance to sup- ment of real estate taxes the Enter- By Mayor White. plement the Codified Ordinances of prise would be at a competitive dis- An emergency ordinance authoriz- Cleveland, Ohio, 1976, by enacting advantage by operating at this loca- ing authorizing the purchase by new Sections 358.01 to 358.07 relat- tion; and requirement contract of labor and ing to fence regulations; to amend 177 24 The City Record February 7, 2001

337.23 and 357.13 as amended by var- public sidewalk or public street, if actual side street yards shall not ious ordinances; and to repeal Sec- no sidewalk is present. exceed six (6) feet in height and tions 325.221, 325.222, 325.223 and (b) Nonconforming Fences. Any may be either open or solid. In actu- 629.06 thereof. fence not conforming to the regula- al rear yards and actual interior Whereas, this ordinance consti- tions of this section regarding main- side yards, fences shall not exceed tutes an emergency measure provid- tenance of sight lines shall be made ten (10) feet in height and may be ing for the usual daily operation of to conform if the owner or respon- open or solid. a municipal department; now, there- sible party is so ordered by the Com- (2) Other Non-Residential Dis - fore missioner of Building and Housing tricts. Except as specifically Be it ordained by the Council of for the purpose of eliminating an required because of the type of use, the City of Cleveland: identified and demonstrated hazard. in Non-Residential Districts other Section 1. That the Codified Ordi- The Board of Zoning Appeals may, than General and Unrestricted nances of Cleveland, Ohio, 1976, are however, permit retention or instal- Industry Districts, fences in actual hereby supplemented by enacting lation of such nonconforming fence front yards and in side street yards new Sections 358.01 to 358.07 thereof if the Board determines that no haz- shall not exceed four (4) feet in to read, respectively, as follows: ard is created in a particular height and shall be at least fifty instance. percent (50%) open above two (2) CHAPTER 358 feet in height. In actual rear yards FENCE REGULATIONS Section 358.04 Fences in Residen- and actual interior side yards, tial Districts fences shall not exceed six (6) feet Section 358.01 Purpose Fences in Residential Districts in height and may be open or solid. The regulations of this chapter shall be installed and maintained in (b) Barbed Wire Fences. Barbed are established to permit fences in accordance with the following regu- wire fences are permitted in all Non- a manner that promotes safety and lations, as well as other applicable Residential Districts except the security, while protecting and regulations of the Codified Ordi- Local Retail District and the Park- enhancing the appearance and char- nances. ing District, and shall be installed acter of neighborhoods and business (a) Height and Opacity. Fences in and maintained in accordance with districts. actual front yards and in actual side the following regulations and other street yards shall not exceed four applicable regulations of the Codi- Section 358.02 Definitions (4) feet in height and shall be at fied Ordinances. For purposes of this chapter, these least fifty percent (50%) open, (1) Sidewalk Setback. Except in terms shall have the following except that, in an actual side street General Industry and Unrestricted meanings: yard, a fence that is set back at Industry Districts, a fence with (a) “Fence.” An artificially con- least four (4) feet from the side barbed wire shall be located at least structed barrier of any material or street property line may be a maxi- four (4) feet from a sidewalk in a materials erected to enclose, screen, mum of six (6) feet in height and public right-of-way. or decorate areas of land. Fences may be open or solid. Fences in (2) Residential Setback. In all include walls, hedges, and earth actual rear yards and in actual inte- Non-Residential Districts, a fence berms meeting this definition. rior side yards shall not exceed six with barbed wire shall be located at (b) “Fence Height.” The height of (6) feet in height and may be solid least four (4) feet from the proper- a fence, as defined herein, measured or open. No fence shall be higher ty line of a Residential District. from grade at the base of the fence. than its distance from a residence (3) Landscape Barrier. Where it is (c) “Open and Solid Fences.” A building on an adjoining lot or from required that a barbed wire fence be fence shall be considered “open” if the permitted placement of a future set back from a sidewalk or a Res- every segment of the fence (e.g., a residence on such lot, if such fence idential District line, such setback section between posts) is composed will be generally parallel to and area shall be planted with shrubs of at least seventy-five percent adjacent to the closest wall of the spaced no more than five (5) feet (75%) open spaces and no more residence. apart or trees spaced no more than than twenty-five percent (25%) solid (b) Location. A fence running twenty (20) feet apart. The require- materials. All other fences are con- generally parallel to and adjacent to ment a for a landscape barrier shall sidered “solid” fences. a building on the same property not apply to barbed wire fences (d) “Ornamental Fence”. A fence shall be located no closer than three legally established prior to the ini- shall be considered “ornamental” if (3) feet to the closest wall of such tial effective date of this section nor it is composed of wrought iron-style building. to the replacement of such fences pickets, wood pickets, wood split (c) Materials and Appearance. and shall not apply to a fence set- rails and posts, brick, stone, or any (1) Front Yards. In Residential back area of eight (8) feet or more. other materials of a decorative Districts, only ornamental fences, as nature approved by the Director of defined herein, shall be installed in Section 358.06 General Regulations the City Planning Commission as actual front yards and in actual side The following regulations shall compatible with the character of the street yards if located within four apply to fences in all zoning dis- area in which the fence is to be (4) feet of the side street property tricts or as specified. placed. line. The Board of Zoning Appeals (a) Prohibited Materials. No fence (e) “Yards”. As used in this chap- may, however, permit a chain link shall be composed of scrap materi- ter, the term “actual yard” shall fence if the Board determines that als, tires, canvas, cardboard, refer to the entire lot area between such fence is common in the imme- asphalt-style shingles, or chicken a main building and the corre- diate vicinity of the subject proper- wire. Furthermore, except in Gener- sponding lot line. The term ty. al Industry and Unrestricted Indus- “required yard” shall refer to that (2) Other Yards. In other yards, try Districts, no fence shall be com- portion of the actual yard in which fences may be composed of any posed of corrugated metal or sheet structures cannot be erected unless materials except barbed wire and metal. permitted as encroachments. except as prohibited in division (a) (b) Appearance. All fences shall of Section 358.06. be uniform in material and color. In Section 358.03 Sight Lines (d) Residential Swimming Pools. the case of a fence with a finished No fence shall be installed or Fences shall be provided around side and an unfinished side, the fin- maintained except in conformance swimming pools that are accessory ished or more decorative side shall with the following regulations to a residence in accordance with face outward toward the adjoining regarding maintenance of sight the regulations of division (g) of property or the street. lines at street intersections and at Section 3117.03 of the Building Code. (c) Barbed Wire. Where permitted driveway exits. by regulations of this chapter, (a) Height and Location. No por- Section 358.05 Fences in Non-Resi- barbed wire may be installed at the tion of a fence located within thir- dential Districts top of a fence if not more than three ty (30) feet of the intersection of Fences in Non-Residential Dis- (3) strands are used, and if the low- two street right-of-way lines shall tricts shall be installed and main- est strand is at least six (6) feet exceed two and one-half (21/2) feet tained in accordance with the fol- above the adjoining ground. In the in height, unless all portions of the lowing regulations, as well as other case of a fence located less than fence above two and one-half (21/2) applicable regulations of the Codi- four (4) feet from a public sidewalk feet in height are at least seventy- fied Ordinances. or a Residential District line, the five percent (75%) open. The same (a) Height and Opacity. vertical supports for the strands restrictions shall apply to any por- (1) General and Unrestricted shall slant away from the nearest tion of a fence located along and Industry Districts. In General and property line at an angle of not less parallel to a driveway within fifteen Unrestricted Industry Districts, than 45°. Such barbed wire may be (15) feet of its intersection with a fences in actual front yards and in placed above the otherwise applica- 178 February 7, 2001 The City Record 25 ble height limit for the fence to ors, style and opacity of the fence, ticles and odors, and a permit there- which it is attached. Any barbed including the use of barbed wire, if for is granted by the Commissioner wire fence not conforming to any any, and of Environment. provision of this chapter regarding (3) information and plans indicat- (6) Fences and walls, as regulat- barbed wire fences shall be made to ing the method of attaching the ed in Chapter 358. conform or shall be removed no fence to the ground or to other (7) Garages and parking spaces later than December 31, 2001. structures. for the occupants of the premises (d) Maintenance. All fences shall (c) Exemption for Repair or and, when the premises are used for be maintained in good condition, Replacement. No permit is required other than residence purposes, for free of significant rust, peeling for repair or replacement of a fence their employees, patrons and guests. paint or other damage. Furthermore, or portions thereof if the area being A. In a Dwelling House District all fences shall be kept plumb, with repaired or replaced, in any twelve- the floor area of a private garage no more than a two-inch deflection month period, does not exceed fifty erected as an accessory building from a vertical position. percent (50%) of the length of the shall not exceed 650 square feet (e) Recreation Facilities. On the fence, and the replacement does not unless the lot area exceeds 4,800 grounds of a school or on the involve changes to foundations or square feet in which event the floor grounds of a public or private recre- footers. The exemption regarding area may be increased in the ratio ation use, an open fence erected to partial replacement does not apply of one square foot for each twelve enclose a playground, playfield, to walls. square feet of additional lot area. swimming pool, tennis court, golf Section 2. That Sections 337.23 and B. In Multi-Family Districts, course or similar facility may 357.13 of the Codified Ordinances of garages and parking spaces erected exceed the otherwise applicable Cleveland, Ohio, 1976, as amended or established as accessory uses height limits, but shall not exceed by Ordinance No. 1962-98, passed shall be subject to the restrictions twelve (12) feet in height. May 3, 1999, are hereby amended to specified in Sections 343.19 to 343.21 (f) Railroad and Utility Proper - read, respectively, as follows: and Chapter 349. ties. An open fence erected for secu- (8) Garage Sale or other Residen- rity purposes along a railroad or Section 337.23 Accessory Uses in tial Property Sales, as defined in rapid transit right-of-way or yard or Residence Districts Section 676B.01(a), as long as they around a public utility use may (a) Permitted Accessory Uses. The conform to the provisions in Chap- exceed the otherwise applicable following accessory uses and build- ter 676B. height limits, but shall not exceed ings are permitted in a Residence (9) Signs permitted in accordance twelve (12) feet in height. District. Such permitted accessory with the requirements of Chapter (g) Temporary Construction buildings shall be located on the 350. Fences. Notwithstanding other pro- rear half of the lot, a minimum of (10) Any other accessory use cus- visions of this chapter, a temporary eighteen inches from all property tomarily incident to a use autho- fence shall be permitted in any zon- lines and at least ten feet from any rized in a Residence District except ing district to enclose a site at main building on an adjoining lot in that no use prohibited in a Local which construction activity is under- a Residence District. Accessory Retail Business District shall be per- way. Such fence shall be in place buildings shall not occupy more mitted as an accessory use. only for the duration of the con- than forty percent (40%) of the area (b) Accessory Building Erected struction activity and shall be of the required rear yard and, in the Prior to Erection of Main Building. removed when construction activity case of a corner lot, shall be locat- An accessory building may be erect- has been completed or has been dis- ed back of any required setback or ed prior to the construction of the continued for a period of three (3) specific building line. For side main building only if: months or more. Such fence shall be street yard regulations consult Sec- (1) The accessory building is located as necessary to protect the tions 357.05 to 357.07. erected on the rear half of the lot. public and to secure the construc- (1) Within a main building, the (2) The accessory building is so tion site, as approved by the Com- office of a surgeon, physician, cler- placed as not to prevent the practi- missioner of Building and Housing. gyman, architect, engineer, attorney cable and conforming location of the The fence may be chain link, wood or similar professional person resid- main building. or another material approved by the ing in such main building and (3) The main building is complet- Commissioner. employing in the office not more ed within two (2) years from the (h) Nonconforming Fences. than one nonresident office or labo- date of issuance of the permit for Except as specified in division (b) ratory assistant. the accessory building. of Section 358.03 with regard to (2) Customary home occupation sight lines and division (c) of Sec- for gain carried on in the main Section 357.13 Yard Encroach- tion 358.06, with respect to barbed building or in a rear building acces- ments Permitted wire, any fence not conforming to sory thereto and requiring only cus- Required yard spaces shall be the regulations of this chapter may tomary home equipment; provided maintained free and unobstructed be retained and repaired but shall that no nonresident help is except for trees and shrubbery, and, not be moved or replaced in whole employed for that purpose, no trad- in interior side or rear yards, cloths, unless made to conform with the ing in merchandise is carried on and poles, arbors, garden trellis and sim- provisions of this chapter. Replace- no personal physical service is per- ilar accessories, and except that the ment of less than half of a noncon- formed and, in a Limited One-Fami- following encroachments shall be forming fence in a twelve (12) ly District or in a One-Family Dis- permitted. month period shall be considered trict, no sign or other outward evi- (a) Underground Garage or “repair” and not “replacement” for dence of the occupation is displayed Accessory Space in Multi-Family purposes of this provision. on the premises. Districts. Within the required yard (3) In agricultural or undeveloped spaces back of the setback building Section 358.07 Permit Require- territory, farms, truck gardens, nurs- line in a Multi-Family District an ments eries or greenhouses, and accessory underground garage or other acces- (a) Applicability. Except as stables, poultry enclosures, rabbit sory space may be constructed pro- exempted in this section, no fence warrens and beehives conforming to vided the height of such structure, shall be installed unless a permit the applicable limitations and including parapets, piers or railings, for such fence has been issued by restrictions included in Section shall not exceed five feet above the the Commissioner of Building and 347.02, provided such enterprise is grade level, and provided such struc- Housing. not operated for the sale of products ture does not prevent free access to (b) Contents of Application. An not produced on the premises. the rear yard. application for a Building Permit to (4) Stables or enclosures for not (b) Front Yard and Side Street erect a fence shall include the fol- more than four horses, and enclo- Yard Encroachments. Except as lowing information, in addition to sures for poultry, pigeons, rabbits or restricted or limited by other provi- other information required by the bees, conforming in all locations to sions of this Zoning Code, the fol- Division of Building and Housing the applicable limitations and lowing front yard and side street for a permit application: restrictions included in Section yard encroachments shall be per- (1) a site plan showing the loca- 347.02. mitted in any use district: tion of the fence and gates in rela- (5) Private incinerators for the (1) Front yard and side street tion to all property lines, streets, dri- burning of refuse and garbage pro- yard encroachments permitted under veways, sidewalks and structure on duced on the same premises, pro- Chapter 3109, and Chapter 3113, or within six (6) feet of the subject vided that the construction is such except that in a Dwelling House property; as to assure immediate and com- District no entrance canopy shall be (2) information indicating the plete combustion and freedom from erected, and no marquees or fixed or height, materials, dimensions, col- offensive smoke, ash, unburned par- retractable awning shall project 179 26 The City Record February 7, 2001 more than six feet beyond the build- (7) Fences, walls, hedges or other by the Director of Finance. (RL ing line or within ten feet of the barriers, as regulated in division 33338) street line. (a)(6) of Section 337.23. Section 3. That this ordinance is (2) Steps and landings, and their (d) Temporary Structures. Tempo- hereby declared to be an emergency appurtenant railings, balustrades rary offices, bridges, barricades and measure and provided it receives the and parapets, leading up or down to similar structures required for and affirmative vote of two-thirds of all floor levels directly above or below incident to building construction. the members elected to Council, it the grade level. Section 3. That existing Sections shall take effect and be in force (3) Fences and walls, as regulat- 337.23 and 357.13 of the Codified immediately upon its passage and ed in Chapter 358. Ordinances of Cleveland, Ohio, 1976, approval by the Mayor; otherwise, it (4) Open porticos or porches pro- as amended by Ordinance No. 1962- shall take effect and be in force jecting not more than six feet, 98, passed May 3, 1999, are hereby from and after the earliest period enclosed porches or vestibules pro- repealed. allowed by law. jecting not more than four feet and Section 4. That the following Sec- balconies projecting not more than tions of the Codified Ordinances of Ord. No. 1877-2000. three feet, provided they do not Cleveland, Ohio, 1976: By Councilmen Patmon, Melena extend within ten feet of the street Sections 325.221, Section 325.222 and Cimperman (by departmental line and do not aggregate a vertical and 325.223, as amended by Ordi- request). area in any story more than twenty nance No. 3077-A-89, passed June 17, An emergency ordinance authoriz- percent of the area of the facade in 1991; and ing the sale of real property as part that story. Section 629.06, as amended by of the Land Reutilization Program (5) Structures permitted by divi- Ordinance No. 1020-76, passed June and located at 1255 East 105th Street sion (a) of Section 3113.10, division 14, 1976, and rear of 1251 East 105th Street to (a) of Section 3113.13 and Section are hereby repealed. Adrian Thompson. 3113.16 or where not so permitted, Section 5. That this ordinance is gasoline pump islands, sign poles or hereby declared to be an emergency Ord. No. 1968-2000. similar temporary and easily remov- measure and provided it receives the By Councilman Polensek. able structures, provided that condi- affirmative vote of two-thirds of all An emergency ordinance to vacate tional and temporary permits there- the members elected to Council, it a portion of East 200th Street herein- for are granted, subject to appro- shall take effect and be in force after described. priate conditions and safeguards by immediately upon its passage and the Board after public notice and approval by the Mayor; otherwise, it Ord. No. 1971-2000. public hearing, and provided, fur- shall take effect and be in force By Councilmen Cimperman, Mele- ther, that the erection, maintenance from and after the earliest period na and Patmon. and use thereof do not conflict with allowed by law. An emergency ordinance authoriz- the intent and purposes of this Zon- ing the sale of real property as part ing Code. Ord. No. 1866-2000. of the Land Reutilization Program (c) Rear Yard and Interior Side By Councilmen O’Malley and Pat- and located at 2445, 2451-55 and 2479 Yard Encroachments. Except as mon (by departmental request). West 5th Street to Tremont West restricted or limited by other provi- An emergency ordinance authoriz- Development Corporation or sions of this Zoning Code, the fol- ing the purchase by requirement designee. lowing rear yard and interior side contract of diving and underwater yard encroachments shall be per- inspection services, for the Division Ord. No. 2031-2000. mitted in any use district: of Water, Department of Public Util- By Councilmen Jones, Melena, (1) In rear yards only, accessory ities, for a period not to exceed two Cimperman and Patmon (by depart- buildings and uses in connection years. mental request). with Residence Occupancy as Whereas, this ordinance consti- An emergency ordinance authoriz- defined and limited in Section 337.23, tutes an emergency measure provid- ing the Commissioner of Purchases and similar accessory buildings and ing for the usual daily operation of and Supplies to sell City-owned prop- uses in connection with buildings of a municipal department; now, there- erty no longer needed for public use Institutional H Occupancy Classifi- fore located in Block H of the Cleveland cation. Accessory buildings or uses Be it ordained by the Council of Industrial Park to JRM Chemical attached or forming part of a main the City of Cleveland: Inc. building shall be permitted to Section 1. That the Director of Whereas, the Director of Econom- encroach upon such rear yards to Public Utilities is hereby authorized ic Development has requested the the extent permitted for detached to make a written requirement con- sale of City-owned property no accessory buildings or uses. tract in accordance with the Charter longer needed for public use and (2) Projections for architectural and the Codified Ordinances of located in Block H of the Cleveland embellishment listed in Section Cleveland, Ohio, 1976, for the Industrial Park; and 3109.08, provided that no main cor- requirements for the period of two Whereas, this ordinance consti- nice or eaves shall project into a years of the necessary items of div- tutes an emergency measure provid- required yard more than two feet, ing and underwater inspection ser- ing for the usual daily operation of measured horizontally, and no bar vices, in the approximate amount as a municipal department; now, there- or oriel shall be constructed in a purchased during the preceding fore, required interior side yard and none term, to be purchased by the Com- Be it ordained by the Council of shall project into a required rear missioner of Purchases and Supplies the City of Cleveland: yard more than eighteen inches, and upon a unit basis for the Division Section 1. That notwithstanding no other projection shall exceed the of Water, Department of Public Util- and as an exception to the provi- maximum permissible projection ities. Bids shall be taken in such sions of Chapters 181 and 183 of the specified in Section 3109.08 or be so manner as to permit an award to be Codified Ordinances of Cleveland, located as to materially obstruct made for all items as a single con- Ohio, 1976, it is hereby found and natural light or ventilation. tract, or by separate contract for determined that the following (3) Fixed awnings, as permitted each or any combination of said described property is no longer by Section 3109.10. items as the Board of Control shall needed for public use: (4) Retractable awnings, as per- determine. Alternate bids for a peri- mitted by Section 3109.11. od less than two years may be taken Legal Description For (5) Steps, landings and their if deemed desirable by the Commis- Parcel “B” appurtenant railings, balustrades sioner of Purchases and Supplies 3.252 Acres and parapets, leading up or down to until provision is made for the Situated in the City of Cleveland, floor levels directly above or below requirements for the entire term. County of Cuyahoga and State of the grade level, not extending near- Section 2. That the cost of said Ohio, and known as being part of er than one foot to a rear or side contract shall not exceed $300,000.00 Block “H” in the Lee-Seville/Cleve- lot line. and shall be charged against the land Outerbelt Industrial Park (Vol. (6) Chimneys projecting not more proper appropriation account and 231, Page 42) of part of Original than thirty-two inches, downspouts the Director of Finance shall certi- Warrensville Township Lots Nos. 81, projecting not more than twelve fy thereon the amount of the initial 82 and 103 and bounded and inches, and ventilating ducts or purchase thereunder, which pur- described as follows: pipes projecting not more than thir- chase, together with all subsequent Beginning at a Monument Box ty-two inches and having a maxi- purchases, shall be made on order of with a 3/4" iron pin found at a Point mum aggregate cross-sectional area the Commissioner of Purchases and of Curvature in the Centerline of in any yard and at any level or 1,024 Supplies pursuant to a requisition Johnston Parkway (60 feet wide), square inches. against such contract duly certified said Monument Box being South 00° 180 February 7, 2001 The City Record 27

27' 00" East a distance of 399.21 feet than fair market value as deter- permanent object, including all from a Monument Box with a Stone mined by the Board of Control. appurtenances and roof structures, found at the intersection of the cen- Section 3. That the conveyance that reaches an overall height of terlines of Velma Avenue (50 feet shall be made by official deed to be between one hundred and fifty (150) wide) and said Johnston Parkway; prepared by the Director of Law and and two hundred (200) feet above Thence South 89° 33' 00" West a executed by the Mayor on behalf of ground level or that exceeds any distance of 30.00 feet to a 5/8" the City of Cleveland. The deed obstruction standard for objects capped rebar set in the Westerly shall contain provisions including over two hundred (200) feet con- right-of-way line of Johnston Park- such restrictive covenants and rever- tained in 14 C.F.R. pt. 77, subpt. C. way; sionary interests as may be speci- (e) “Operator” means contractor or Thence North 00° 27' 00" West fied by the Board of Control or construction company directly in along the Westerly right-of-way line Director of Law protecting the par- control of the crane or construction of Johnston Parkway a distance of ties as their respective interests equipment. 33.39 feet to a 5/8" capped rebar set, require and shall specifically con- which marks the true place of tain a provision against the erection Section 633.02 Installation Re- beginning for the following of any advertising signs or bill- quired; Notification required; Feder- described parcel of land; boards except permitted identifica- al Regulation Thence South 89° 33' 00" West a tion signs, and a provision requiring (a) No person shall own or con- distance of 374.91 feet to a 5/8" the grantee to use best efforts to struct a new or existing obstruction capped rebar set in the Easterly line achieve the following economic that exceeds an overall height of of lands now or formerly owned by impact goals as described in the between one hundred and fifty (150) N.B. Smith (AFN# 199904210602) and Executive Summary of this legisla- and two hundred (200) feet without also the Easterly line of Sublot No. tion: aviation safety marking and 6 in the Cranbrook Subdivision No. obstruction lighting. Such aviation 1 (Vol. 155, Pg. 1); Projected Economic Impact: safety marking and obstruction Thence North 01° 23' 30" West Jobs Retained 0 lighting shall be consistent with the along the Easterly line of Smith and Jobs Created 15 current applicable requirements for the Easterly line of said Cranbrook Minority Jobs Created 7 structures greater than two hundred Subdivision No. 1, a distance of (200) feet above ground level as pre- 220.94 feet to a capped rebar found Section 4. That the project to be scribed in the Federal Aviation at a Northeasterly corner of lands implemented after the conveyance Administration Advisory Circular now or formerly owned by W. of the above-mentioned property currently applicable. Tilgham (Vol. 13617, Pg. 149) and in shall be reviewed by the Depart- (b) No owner or operator of a the Easterly line of Sublot No. 2; ment of City Planning regarding crane shall leave a crane extended Thence North 49° 42' 48" West site and landscape plans. into the air overnight to a height of along the Easterly line of said Section 5. That this ordinance is fifty (50) feet or greater, unless the Tilgham and along the Easterly line hereby declared to be an emergency crane contains aviation safety mark- of said Sublot No. 2 a distance of measure and, provided it receives ing and obstruction lighting. Such 45.96 feet to a capped rebar found the affirmative vote of two-thirds of aviation safety marking and at the Southeast corner of land now all the members elected to Council, obstruction lighting shall be consis- or formerly owned by C. Starks Jr. it shall take effect and be in force tent with the current applicable (Vol. 88-136, Pg. 257) and at the immediately upon its passage and requirements for structures greater Southeast corner of Sublot No. 1; approval by the Mayor; otherwise it than two hundred (200) feet above Thence North 00° 27' 30" West shall take effect and be in force ground level as prescribed in the along the Easterly line of Starks from and after the earliest period Federal Aviation Administration and the Easterly line of Sublot No. allowed by law. Advisory Circular currently applica- 1 a distance of 90.00 feet to a 5/8" ble. iron pin found at the Northeast cor- Ord. No. 2110-2000. (c) This chapter does not apply to ner of said Starks and in the By Councilmen Polensek, Lewis towers, antennas, roof structures, or Southerly right-of-way line of Velma and Patmon (by departmental re- other obstructions that exceed two Avenue (50 feet wide); quest). hundred (200) feet which are other- Thence North 89° 32' 30" East An emergency ordinance to amend wise regulated by 14 C.F.R. pt. 77. along the Southerly right-of-way Sections 633.01 and 633.02 of the Cod- (d) Any person applying to the line of Velma Avenue a distance of ified Ordinances of Cleveland, Ohio, City to own or construct a new or 363.36 feet to a 5/8" capped rebar set 1976, as enacted by Ordinance No. existing obstruction shall provide at a point of curvature; 1310-96, passed December 2, 1996, written notice to the Director of Thence along the arc of a curve relating to obstruction marking and Public Safety. deflecting to the right, having a lighting. Section 2. That existing Sections radius of 50.00 feet, an arc length Whereas, this ordinance consti- 633.01 and 633.02 of the Codified 78.55 feet, a chord bearing of South tutes an emergency measure provid- Ordinances of Cleveland, Ohio, 1976, 45° 27' 30" East a chord of 70.72 ing for the usual daily operation of as enacted by Ordinance No. 1310-96, feet, to a 5/8" capped rebar set in a municipal department; now, there- passed December 2, 1996, are hereby the Westerly right-of-way line of fore, repealed. Johnston Parkway; Be it ordained by the Council of Section 3. That this ordinance is Thence South 00° 27' 00" East the City of Cleveland: hereby declared to be an emergency along the Westerly right-of-way line Section 1. That Sections 633.01 and measure and, provided it receives of Johnston Parkway a distance of 633.02 of the Codified Ordinances of the affirmative vote of two-thirds of 290.96 feet to the true place of begin- Cleveland, Ohio, 1976, as enacted by all the members elected to Council, ning, containing 3.0252 acres of Ordinance No. 1310-96, passed Decem- it shall take effect and be in force land, more or less, but subject to all ber 2, 1996, are hereby amended to immediately upon its passage and legal highways and easements of read, respectively, as follows: approval by the Mayor; otherwise it record, as surveyed by Daniel J. shall take effect and be in force Cook, Registered Surveyor No. 7179, Section 633.01 Definitions from and after the earliest period of Campbell & Associates, Inc., in As used in this Chapter: allowed by law. December, 1999. (a) “Crane” shall mean a con- The above described parcel of struction crane, derrick, rig or other Ord. No. 2111-2000. land is part of lands conveyed to the construction equipment with parts By Councilmen Johnson, Rybka, City of Cleveland (Vol. 12105, Page that extend or may be elevated to a Cimperman and Patmon (by depart- 129) and lot split (Vol. 304, Page 48) height of fifty (50) or greater. mental request). in Cuyahoga County Records. (b) “Lighting” means use of light- An emergency ordinance authoriz- The basis of bearings for the ing systems that meet specified ing the Commissioner of Purchases above described parcel of land is intensities, beam patterns, color, and and Supplies to purchase a site for South 00° 27' 00" East for the cen- flash rates as specified in the Fed- the expansion of the Woodland terline of Johnston Parkway (Vol. eral Aviation Administration Advi- Recreation Center located at 9206 231, Page 42) in Cuyahoga County sory Circular currently applicable. Woodland Avenue, for the Depart- Records. (c) “Marking” means painting or ment of Parks, Recreation and Prop- Section 2. That by and at the coloring of an obstruction, as speci- erties. direction of the Board of Control, fied in the Federal Aviation Admin- Whereas, this ordinance consti- the Commissioner of Purchases and istration Advisory Circular current- tutes an emergency measure provid- Supplies is authorized to sell the ly applicable. ing for the usual daily operation of above-described property to JRM (d) “Obstruction” shall mean a a municipal department; now, there- Chemical Inc. at a price not less tower, antenna, or any temporary or fore, 181 28 The City Record February 7, 2001

Be it ordained by the Council of Sublot No. 117 in Hamilton and Sublot No. 120 in Hamilton & the City of Cleveland: Wyman’s Allotment of part of Orig- Wyman’s Allotment, of part of orig- Section 1. That notwithstanding inal One Hundred Acre Lot No. 416, inal 100 Acre Lot No. 416 as shown and as an exception to the provi- as shown by the recorded plat in by the recorded plat of said allot- sions of Chapter 181 and 183 of the Volume 5 of Maps, Page 22 of Cuya- ment in Volume 5 of Maps, Page 22 Codified Ordinances of Cleveland, hoga County Records, and bounded of Cuyahoga County Records and Ohio, 1976, the Commissioner of Pur- and described as follows: being 33.29 feet on the Southerly chases and Supplies is hereby autho- Beginning on the Southerly line of side of Kennedy Avenue, S.E. (for- rized to purchase the following Kennedy Avenue, S.E. (formerly merly Kennedy Street) and extends described property for the purpose Kennedy Street) at the Northwest- back between parallel lines, 140 feet of expanding the Woodland Recre- erly corner of said Sublot No. 117; 2 inches, as appears by said plat, be ation Center located at 9206 Wood- Thence Southerly along the West- the same more or less, but subject land Avenue: erly line of Sublot No. 117, which to all legal highways. line is also the Easterly line of an Section 2. That the Director of Permanent Parcel No. 126-14-070 alley (12 feet wide), 140 feet 2 inch- Parks, Recreation and Properties is Situated in the City of Cleveland, es to the Southwesterly corner of hereby authorized to execute on County of Cuyahoga and State of said Sublot No. 117; behalf of the City of Cleveland all Ohio, and known as being Sublot No. Thence Easterly along the South- necessary documents to acquire such 126 in the Hamilton & Wyman Allot- erly line of said Sublot No. 117, property and to employ and pay all ment of part of the Original One about 34-80/100 feet to a point 10- fees for title companies, surveys, Hundred Acre Lot 416, as shown by 16/100 feet Westerly, measured escrows, appraisers, environmental the recorded Plat in Volume 5 of along said Southerly line of said audits, and all other costs necessary Maps, Page 22 of Cuyahoga County Sublot No. 117, from the Southeast- for the acquisition of such property. Records, and being 43 feet front on erly corner thereof; Section 3. That the consideration the Southerly side of Kennedy Thence Northerly about 140 feet 2 to be paid for such property shall Avenue, S.E., formerly Penn Street, inches to a point on said Southerly not exceed its fair market value. and extending back 140.17 feet deep line of Kennedy Avenue S.E., 10- Section 4. That all costs of acqui- on the Westerly and Easterly lines, 16/100 feet Westerly, measured along sition of land shall be paid from and being 42 feet 5-3/4 inches wide said Southerly line of Kennedy Fund No. 10 SF 166, Request No. in the rear, as appears by said Plat, Avenue S.E. from the Northeasterly 5077. be the same more or less, but sub- corner of said Sublot No. 117; Section 5. That this ordinance is ject to all legal highways. Thence Westerly along said South- hereby declared to be an emergency Also subject to zoning ordinances, erly line of Kennedy Avenue S.E. measure and, provided it receives if any. about 33-30/100 feet to the place of the affirmative vote of two-thirds of beginning, be the same more or less, all the members elected to Council, Permanent Parcel No. 126-14-072 but subject to all legal highways. it shall take effect and be in force Situated in the City of Cleveland, immediately upon its passage and County of Cuyahoga and State of Permanent Parcel No. 126-14-094 approval by the Mayor; otherwise it Ohio and known as being the East- Situated in the City of Cleveland, shall take effect and be in force erly 25 feet of Sublot No. 124 and the County of Cuyahoga and State of from and after the earliest period Westerly 8 feet of Sublot No. 125 in Ohio and known as being the East- allowed by law. Hamilton & Wyman’s Subdivision of erly 35 feet of Sublot No. 135 in part of Original 100 Acre Lot No. Hamilton and Wyman’s Subdivision, Ord. No. 2112-2000. 416, as shown by the recorded plat of part of Original 100 Acre Lot No. By Councilmen Lewis, Melena, in Volume 5 of Maps, Page 22 of 416, as shown by the recorded plat Cimperman and Patmon (by depart- Cuyahoga County Records, and in Volume 5 of Maps, Page 22 of mental request). being 33 feet front on the Southerly Cuyahoga County Records and An emergency ordinance authoriz- side of Kennedy Avenue, S.E., and being 35 feet front on the Northerly ing the sale of real property as part extending back of equal width side of Cumberland Avenue, S.E., of the Land Reutilization Program 140.17 feet, as appears by said plat, and extending back of equal width and located at 6719 Dunham Avenue be the same more or less but sub- 140 feet, 2/12 inches, as appears by to Minnie Worley. ject to all legal highways. said plat, be the same more or less. Ord. No. 2113-2000. Permanent Parcel No. 126-14-073 Permanent Parcel No. 126-14-096 By Councilmen Lewis, Melena, Situated in the City of Cleveland, Situated in the City of Cleveland, Cimperman and Patmon (by depart- County of Cuyahoga and State of County of Cuyahoga and State of mental request). Ohio and known as being the East- Ohio and known as being Sublot No. An emergency ordinance authoriz- erly 16 feet of Sublot No. 123 and the 133 in Hamilton and Wyman’s Allot- ing the sale of real property as part Westerly 16 feet of Sublot No. 124 in ment of part of Original One Hun- of the Land Reutilization Program Hamilton and Wyman’s Subdivision dred Acre Lot No. 416, as shown by and located at 1464 East 71st Street, of part of Original 100 Acre Lot No. the recorded plat in Volume 5 of to Enoree Baptist Church. 416, as shown by the recorded plat in Maps, Page 22 of Cuyahoga County Volume 5 of Maps, Page 22 of Cuya- Records and being 41 feet 11-1/2 Ord. No. 2114-2000. hoga County Records and together inches front on the Northerly side of By Councilmen Melena and Pat- forming a parcel of land having a Cumberland Avenue S.E., 140 feet 2 mon (by departmental request). frontage of 32 feet on the Southerly inch deep on the Easterly line, 140 An emergency ordinance authoriz- side of Kennedy Avenue, S.E. and feet 2 inches deep on the Westerly ing the Director of Community extending back between parallel line and 42 feet 5-3/4 inches wide in Development to enter into a First lines 140-2/12 feet, as appears by said the rear, as appears by said plat, be Amendment to Contract No. 56379 plat, be the same more or less but the same more or less, but subject with Burten Bell Carr Development, subject to all legal highways. to all legal highways. Inc. to provide additional neighbor- hood revitalization activities. Permanent Parcel No. 126-14-074 Permanent Parcel No. 126-14-075 Situated in the City of Cleveland, Address: 9100 Kennedy Avenue Ord. No. 2115-2000. County of Cuyahoga and State of Situated in the City of Cleveland, By Councilmen Patmon, Melena Ohio and known as being Sublot No. County of Cuyahoga and State of and Cimperman (by departmental 122 and the Westerly 25 feet of Ohio and known as being Sublot No. request). Sublot No. 123 in Wyman and Hamil- 121 in Hamilton and Wyman’s Allot- An emergency ordinance authoriz- ton’s Allotment of part Original One ment of part of original 100 Acre Lot ing the sale of real property as part Hundred Acre Lot No. 416 as shown No. 416, as shown by the Recorded of the Land Reutilization Program by the recorded plat in Volume 5 of Plat in Volume 5 of Maps, Page 22 and located at 1212 and 1246 Park- Maps, Page 22 of Cuyahoga County of Cuyahoga County Records, and wood Drive and 10922 and 10928 Records together forming a parcel being 41 feet front on the Southerly Olivet Avenue to The New Fellow- of land 66 feet front on the Souther- side of Kennedy Avenue, S.E. and ship Baptist Church. ly side of Kennedy Avenue, S.E., extending back of equal width 140 (formerly Penn Street) and extend- feet, 2 inches, as appears by said Ord. No. 2117-2000. ing back of equal width 140 feet 2 Plat, be the same more or less, but By Councilmen White, Melena, inches as appears by said plat, be subject to all legal highways. Cimperman and Polensek (by de- the same more or less, but subject partmental request). to all legal highways. Permanent Parcel No. 126-14-076 An emergency ordinance authoriz- Address: 9014-16 Kennedy Avenue ing the sale of real property as part Permanent Parcel No. 126-14-079 Situated in the City of Cleveland, of the Land Reutilization Program Situated in the City of Cleveland, County of Cuyahoga and State of and located at scattered sites on County of Cuyahoga, and State of Ohio and known as being the East- East 93rd Street to Union Miles Ohio and known as being part of erly 33.29 feet from front to rear of Development Corporation. 182 February 7, 2001 The City Record 29

Ord. No. 2203-2000. ident, the Chairperson of the Avia- BOARD OF CONTROL By Councilmen Cintron, Cimper- tion and Transportation Committee, man and Patmon (by departmental and the Clerk of Council. Upon request). receipt of such notice, the Clerk of January 31, 2001 An emergency ordinance deter- Council shall publish the name of mining the method of making the the sponsor in the City Record. The regular meeting of the Board public improvement of rehabilitat- Section 3. That the agreement shall of Control convened in the Mayor’s ing, replacing or otherwise improv- be prepared by the Director of Law office on Wednesday, January 31, ing various Public Service facility and shall contain such additional 2001, at 11:00 a.m. with Mayor White roofs; authorizing the Director of terms and conditions as are neces- presiding. Public Service to enter into contract sary to protect the public interest. Present: Mayor White, Directors for the making of the improvement; Section 4. That this ordinance is Carter, Brooks, Konicek, Acting and authorizing the Director of Pub- hereby declared to be an emergency Director Borokhovich, Directors Ric- lic Service to employ one or more measure and, provided it receives chiuto, Whitlow, Guzman, Miller, professional consultants necessary the affirmative vote of two-thirds of Acting Director Dumas, Director to design the improvement. all the members elected to Council, Patterson, Acting Director Huth and it shall take effect and be in force Director Alexander. Ord. No. 2204-2000. immediately upon its passage and Absent: None. By Councilmen Cintron, Cimper- approval by the Mayor; otherwise it Others: Myrna Branche, Commis- man and Patmon (by departmental shall take effect and be in force sioner, Purchases and Supplies. request). from and after the earliest period Lucille Ambroz, Director, Office of An emergency ordinance deter- allowed by law. Equal Opportunity. mining the method of making the On motion, the following resolu- public improvement of rehabilitat- Ord. No. 2268-2000. tions were adopted. ing, renovating, reconstructing or By Councilman Cintron (by re- otherwise improving various Public quest). Resolution No. 47-01. Service facilities; authorizing said An emergency ordinance authoriz- By Director Brooks. Director to enter into contract for ing the Director of Public Service to the making of such improvement; Resolved by the Board of Control issue a permit to Near West Theatre of the City of Cleveland, that all and authorizing the Director of Pub- to hang approximately ten (10) ban- lic Service to employ one or more bids received on January 12, 2001 for ners, using utility poles (by separate Commercial Gases (all items) for professional consultants necessary permission), within the public right- to design the improvement. the various divisions of City Gov- of-way of West 38th St. and Bridge ernment, Department of Finance, Ave. and westerly of Fulton Ave. Ord. No. 2205-2000. pursuant to the authority of Ordi- By Councilmen Cintron and Pat- nance No. 1862-2000, passed by the mon (by departmental request). Ord. No. 2270-2000. Council of the City of Cleveland on An emergency ordinance authoriz- By Councilmen Britt, Melena, Cim- November 20, 2000, be and the same ing the Director of Public Service to perman and Patmon (by departmen- are hereby rejected. employ one or more professional con- tal request). Yeas: Mayor White, Directors sultants necessary to provide elec- An emergency ordinance authoriz- Carter, Brooks, Konicek, Acting trical, mechanical, structural and ing the sale of real property as part Director Borokhovich, Directors Ric- environmental engineering services of the Land Reutilization Program chiuto, Whitlow, Guzman, Miller, for the Division of Architecture. and located on Woodland Avenue Acting Director Dumas, Director (now Larchmere Boulevard) to the Patterson, Acting Director Huth and Ord. No. 2262-2000. Cleveland Board of Education. Director Alexander. By Mayor White. Nays: None. An emergency ordinance authoriz- Ord. No. 2310-2000. Absent: None. ing the Director of Port Control to By Councilmen Jones, Melena, enter into an agreement with Cimperman and Patmon (by de- Resolution No. 48-01. START-A-HEART, INCORPORATED partmental request). By Director Brooks. for the acquisition of automated An emergency ordinance authoriz- Resolved by the Board of Control external defibrillators and related ing the sale of real property as part of the City of Cleveland, that all items at no cost to the City to be of the Land Reutilization Program bids received on November 24, 2000 located at Cleveland Hopkins Inter- and located on Sunview Avenue to for Mechanical Shelving System (all national Airport. Amistad Development Corporation items), for the various divisions of Whereas, this ordinance consti- or designee. the Department of Finance, pur- tutes an emergency measure provid- suant to the authority of Ordinance ing for the usual daily operation of RESOLUTIONS No. 1196-2000, passed by the Council a municipal department; now, there- of the City of Cleveland on August fore, Res. No. 1883-2000. 7, 2000, be and the same are hereby Be it ordained by the Council of rejected. the City of Cleveland: By Councilman Britt (by request). An emergency resolution declar- Yeas: Mayor White, Directors Section 1. That the Director of Carter, Brooks, Konicek, Acting Port Control is hereby authorized to ing the intention to vacate a portion of Mt. Overlook Avenue S.E. Director Borokhovich, Directors Ric- enter into an agreement with chiuto, Whitlow, Guzman, Miller, START-A-HEART, INCORPORATED Acting Director Dumas, Director Res. No. 2033-2000. for the acquisition of automated Patterson, Acting Director Huth and By Councilman Cimperman (by re- external defibrillators and related Director Alexander. items at no cost to the City to be quest). Nays: None. located at Cleveland Hopkins Inter- An emergency resolution declar- Absent: None. national Airport. The agreement ing the intention to vacate a portion shall provide, among other things, of Hamilton Court N.E. that the City of Cleveland will agree Resolution No. 49-01. By Director Konicek. to cooperate with START-A-HEART, Res. No. 2034-2000. INCORPORATED to promote the Be it resolved, by the Board of By Councilmen Johnson and Britt Control of the City of Cleveland that “Concourse of Fameª at CHIA”. The (by request). agreement shall be for a six (6) all bids received on January 17, An emergency resolution declar- 2001, for powdered activated carbon month term commencing upon exe- ing the intention to vacate portions cution of the agreement, and may be (all items) for the Division of of Williams Avenue and East 128th Water, Department of Public Utili- renewed for one successive six (6) Street. month period upon written agree- ties, pursuant to the authority of ment executed by both parties, and Codified Ordinances of the City of cancellable upon thirty days’ writ- Res. No. 2124-2000. Cleveland, Section 129.28 are hereby ten notice by said Director. By Councilmen Melena, West- rejected. Section 2. That the Director of brook, Cintron, Cimperman and Pat- Yeas: Mayor White, Directors Port Control is authorized to acquire mon (by departmental request). Carter, Brooks, Konicek, Acting a maximum of forty (40) automated An emergency resolution declar- Director Borokhovich, Directors Ric- external defibrillators and upon ing it necessary to improve West chiuto, Whitlow, Guzman, Miller, acquisition of each defibrillator the 117th Street from Madison Avenue to Acting Director Dumas, Director Director of Port Control shall send approximately 100 feet north of Patterson, Acting Director Huth and a written notice identifying the cost Clifton Boulevard by constructing Director Alexander. of the defibrillator and the name of an amenity strip in the sidewalk Nays: None. the sponsor to the City Council Pres- and emplacing tree pockets. Absent: None. 183 30 The City Record February 7, 2001

Resolution No. 50-01. McDewutt Mechanical hereby shall remain unchanged and By Director Konicek. Contractors (FBE) $553,500.00 in full force and effect. Be it resolved by the Board of Yeas: Mayor White, Directors Control of the City of Cleveland, Yeas: Mayor White, Directors Carter, Brooks, Konicek, Acting that the bid of Shook/Kokosing, Carter, Brooks, Konicek, Acting Director Borokhovich, Directors Ric- LLC for the public improvement of Director Borokhovich, Directors Ric- chiuto, Whitlow, Guzman, Miller, Nottingham Water Works Plant Fil- chiuto, Whitlow, Guzman, Miller, Acting Director Dumas, Director ter Rehabilitation (Items 1-18) for Acting Director Dumas, Director Patterson, Acting Director Huth and the Division of Water, Department Patterson, Acting Director Huth and Director Alexander. of Public Utilities, received on Director Alexander. Nays: None. December 27, 2000, pursuant to the Nays: None. Absent: None. authority of Ordinance Nos. 818-2000, Absent: None. passed October 9, 2000, for a gross Resolution No. 55-01. price for the improvement in the Resolution No. 52-01. By Director Ricchiuto. aggregate amount of Twenty-One By Director Konicek. Resolved, by the Board of Control Million Two Hundred Ninety-One Be it resolved, by the Board of of the City of Cleveland that the bid Thousand Four Hundred Thirty- Control of the City of Cleveland that of Valley Ford Truck Sales, Inc. for Eight Dollars ($21,291,438.00), is all bids received on November 10, an estimated quantity of step vans, hereby affirmed and approved as 2000 for maintenance and calibra- for the Division of Motor Vehicle the lowest responsible bid; and the tion of biological and chemical test- Maintenance, Department of Public Director of Public Utilities is here- ing apparatus and appurtenances Service, for the period of one (1) by authorized to enter into contract (Item nos. 2, 4, 5 and 8), for the year beginning with the date of exe- for said improvement with said bid- Division of Water, Department of cution of a contract, received on der. Public Utilities, pursuant to the January 3, 2001, pursuant to the Be it further resolved by the authority of Codified Ordinances of authority of Ordinance No. 1685-2000, Board of Control of the City of the City of Cleveland, Section 129.28 passed by the Council of the City of Cleveland that the employment of are hereby rejected. Cleveland on October 30, 2000, which the following subcontractors by Yeas: Mayor White, Directors on the basis of the estimated quan- Shook/Kokosing, LLC for the above- Carter, Brooks, Konicek, Acting tity would amount to Fifty-Three mentioned public improvement is Director Borokhovich, Directors Ric- Thousand Four Hundred Sixty-Seven hereby approved: chiuto, Whitlow, Guzman, Miller, and 00/100 Dollars ($53,467.00) (0%- Acting Director Dumas, Director 30 Days), is hereby affirmed and SUBCONTRACTOR WORK Patterson, Acting Director Huth and approved as the lowest and best bid, Director Alexander. and the Director of Public Service is Bernie Jenkins Engineering Nays: None. hereby requested to enter into a & Construction Absent: None. requirement contract for such goods (MBE) $1,775,000.00 and/or services, which shall provide Resolution No. 53-01. for the immediate purchase as the Choice Construction By Director Konicek. initial amount of such contract of (MBE) $1,100,000.00 Be it resolved by the Board of the following: Control of the City of Cleveland M & R Enterprises that Board of Control Resolution No. Requisition No. 29425 (MBE) $ 575,000.00 775-00, adopted November 15, 2000, which shall be certified against pursuant to Ordinance No. 2164-98 such contract in the sum of Fifty- McDevitt Mechanical approving The Stahl Gear and Three Thousand Four Hundred (FBE) $1,178,000.00 Machine Co. for the purchase of an Sixty-Seven and 00/100 Dollars estimated quantity of fabrication of ($53,467.00). Yeas: Mayor White, Directors ring and pinion gears (items 1-6) Said requirement contract shall Carter, Brooks, Konicek, Acting for the Division of Water, Depart- Director Borokhovich, Directors Ric- ment of Public Utilities is hereby further provide that the Contractor shall furnish the remainder of the chiuto, Whitlow, Guzman, Miller, amended by deleting, “Ordinance City’s requirements for such goods Acting Director Dumas, Director No. 2164-98 passed by the Council of Patterson, Acting Director Huth and the City of Cleveland on February and/or services, whether more or Director Alexander. 1, 1999”, and inserting, “Ordinance less than said estimated quantity, as Nays: None. No. 824-2000 passed by the Council may be ordered under subsequent Absent: None. of the City of Cleveland on June 12, requisitions separately certified 2 0 0 0 ” . against said contract. Resolution No. 51-01. Be it further resolved that all Yeas: Mayor White, Directors By Director Konicek. other provisions of said Resolution Carter, Brooks, Konicek, Acting Be it resolved by the Board of No. 775-00 not expressly amended Director Borokhovich, Directors Ric- Control of the City of Cleveland, hereby shall remain unchanged and chiuto, Whitlow, Guzman, Miller, that the bid of Ohio Diversified Ser- in full force and effect. Acting Director Dumas, Director vices, Inc. for the public improve- Yeas: Mayor White, Directors Patterson, Acting Director Huth and ment of Nottingham Blower Build- Carter, Brooks, Konicek, Acting Director Alexander. ing/Guardhouse Project (Items 1-7), Director Borokhovich, Directors Ric- Nays: None. for the Division of Water, Depart- chiuto, Whitlow, Guzman, Miller, Absent: None. ment of Public Utilities, received on Acting Director Dumas, Director December 29, 2000, pursuant to the Patterson, Acting Director Huth and Resolution No. 56-01. authority of Ordinance Nos. 818-2000, Director Alexander. By Director Ricchiuto. passed October 9, 2000 for a gross Nays: None. Resolved, by the Board of Control price for the improvement in the Absent: None. of the City of Cleveland that the bid aggregate amount of Two Million of Myers Equipment Corp. for an Seven Hundred Two Thousand Five Resolution No. 54-01. estimated quantity of passenger Hundred Dollars ($2,702,500.00) is By Director Konicek. buses, for the Division of Motor hereby affirmed and approved as Be it resolved by the Board of Vehicle Maintenance, Department of the lowest responsible bid; and the Control of the City of Cleveland Public Service, for the period of one Director of Public Utilities is here- that Board of Control Resolution No. (1) year beginning with the date of by authorized to enter into contract 774-00, adopted November 15, 2000, execution of a contract, received on for said improvement with said bid- pursuant to Ordinance No. 2164-98 January 3, 2001, pursuant to the der. approving American International authority of Ordinance No. 1685-2000, Be it further resolved by the Corp. for the purchase of an esti- passed by the Council of the City of Board of Control of the City of mated quantity of fabrication of Cleveland on October 30, 2000, which Cleveland that the employment of ring and pinion gears (items 7 and on the basis of the estimated quan- the following subcontractors by 8) for the Division of Water, tity would amount to Ninety-One Ohio Diversified Services, Inc. for Department of Public Utilities is Thousand Three Hundred Ninety- the above-mentioned public im- hereby amended by deleting, “Ordi- Eight and 00/100 Dollars ($91,398.00) provement is hereby approved: nance No. 2164-98 passed by the (Net), is hereby affirmed and Council of the City of Cleveland on approved as the lowest and best bid, SUBCONTRACTOR WORK February 1, 1999”, and inserting, and the Director of Public Service is “Ordinance No. 824-2000 passed by hereby requested to enter into a Cavotta Landscapers, Inc. the Council of the City of Cleveland requirement contract for such goods (FBE) $ 25,900.00 on June 12, 2000”. and/or services, which shall provide Be it further resolved that all for the immediate purchase as the North Electric, Inc. other provisions of said Resolution initial amount of such contract of (MBE) $470,000.00 No. 774-00 not expressly amended the following: 184 February 7, 2001 The City Record 31

Requisition No. 29424 Cleveland, Ohio, 1976, which on the Resolution No. 60-01. which shall be certified against basis of the estimated quantity By Director Guzman. such contract in the sum of Ninety- would amount to One Million, Two Resolved by the Board of Control One Thousand Three Hundred Nine- Hundred Sixty Five Thousand, of the City of Cleveland that the bid ty-Eight and 00/100 Dollars Forty and 50/100 Dollars of Atwell’s Police and Fire Equip- ($91,398.00). ($1,265,040.50) (Net 30 Days), is here- ment Company for an estimated Said requirement contract shall by affirmed and approved as the quantity of Uniform Clothing Sup- further provide that the Contractor lowest and best bid, and the Direc- plies-2001, item nos. 3, 5-6, 10, 23, 25- shall furnish the remainder of the tor of Public Safety is hereby 26, 30-31 and 34, for the Division of City’s requirements for such goods requested to enter into a require- Police, Department of Public Safety, and/or services, whether more or ment contract for such goods and/or for the period of one (1) year begin- less than said estimated quantity, as services, which shall provide for the ning with the date of execution of may be ordered under subsequent immediate purchase as the initial a contract, received on October 19, requisitions separately certified amount of such contract of the fol- 2000, pursuant to the authority of against said contract. lowing: Section 135.06 of the Codified Ordi- Yeas: Mayor White, Directors nance of Cleveland, Ohio, 1976, Carter, Brooks, Konicek, Acting Requisition No. 32279 which on the basis of the estimated Director Borokhovich, Directors Ric- as specified quantity would amount to One Hun- chiuto, Whitlow, Guzman, Miller, which shall be certified against dred Thirty Two Thousand, Three Acting Director Dumas, Director such contract in the sum of Ninety Hundred Fifteen and 00/100 Dollars Patterson, Acting Director Huth and Six Thousand, Five Hundred Ninety ($132,315.00) (Net 30 Days), is here- Director Alexander. and 85/100 Dollars ($96,590.85). by affirmed and approved as the Nays: None. Said requirement contract shall lowest and best bid, and the Direc- Absent: None. further provide that the Contractor tor of Public Safety is hereby shall furnish the remainder of the requested to enter into a require- Resolution No. 57-01. City’s requirement for such goods ment contract for such goods and/or By Director Guzman. and/or services, whether more or services, which shall provide for the Resolved by the Board of Control less than said estimated quantity, as immediate purchase as the initial of the City of Cleveland that the bid may be ordered under subsequent amount of such contract of the fol- of T & S Mower Service, Inc., for an requisitions separately certified lowing: estimated quantity of Grounds Main- against said contract. tenance Equipment, item nos. 1, 2, 3 Yeas: Mayor White, Directors Requisition No. 32276 and 5, for the Division of Fire, Carter, Brooks, Konicek, Acting as specified Department of Public Safety, for the Director Borokhovich, Directors Ric- which shall be certified against period of one (1) year beginning chiuto, Whitlow, Guzman, Miller, such contract in the sum of Thirty with the date of execution of a con- Acting Director Dumas, Director Two Thousand, Nine Hundred Fifty tract, received on November 30, 2000, Patterson, Acting Director Huth and and 00/100 ($32,950.00). pursuant to the authority of Ordi- Director Alexander. Said requirement contract shall nance No. 1005-2000, passed July 17, Nays: None. further provide that the Contractor 2000, which on the basis of the esti- Absent: None. shall furnish the remainder of the mated quantity would amount to City’s requirement for such goods Seventeen Thousand, Five Hundred Resolution No. 59-01. and/or services, whether more or Ninety One and 62/100 Dollars By Director Guzman. less than said estimated quantity, as ($17,591.62) (Net 30 Days), is hereby Resolved by the Board of Control may be ordered under subsequent affirmed and approved as the low- of the City of Cleveland that the bid requisitions separately certified est and best bid, and the Director of of Standard Law Enforcement Sup- against said contract. Public Safety is hereby requested to ply Company for an estimated quan- Yeas: Mayor White, Directors enter into a requirement contract for tity of Uniform Clothing Supplies- Carter, Brooks, Konicek, Acting such goods and/or services, which 2001, item nos. 4, 24, 29, 32-33, 40, 42, Director Borokhovich, Directors Ric- shall provide for the immediate pur- 84-85 and 108, for the Division of chiuto, Whitlow, Guzman, Miller, chase as the initial amount of such Police, Department of Public Safety, Acting Director Dumas, Director contract of the following: for the period of one (1) year begin- Patterson, Acting Director Huth and ning with the date of execution of Director Alexander. Requisition No. 37038 a contract, received on October 19, Nays: None. as specified 2000, pursuant to the authority of Absent: None. which shall be certified against Section 135.06 of the Codified Ordi- such contract in the sum of Seven- nance of Cleveland, Ohio, 1976, Resolution No. 61-01. teen Thousand, Five Hundred Nine- which on the basis of the estimated By Director Guzman. ty One and 62/100 ($17,591.62). quantity would amount to Sixty Resolved by the Board of Control Said requirement contract shall Three Thousand, Nine Hundred of the City of Cleveland that the bid further provide that the Contractor Sixty and 00/100 Dollars ($63,960.00) of North Coast Distributing, Inc., for shall furnish the remainder of the (Net 30 Days), is hereby affirmed an estimated quantity of Grounds City’s requirement for such goods and approved as the lowest and best Maintenance Equipment, item no. 4, and/or services, whether more or bid, and the Director of Public Safe- for the Division of Fire, Department less than said estimated quantity, as ty is hereby requested to enter into of Public Safety, for the period of may be ordered under subsequent a requirement contract for such one (1) year beginning with the requisitions separately certified goods and/or services, which shall date of execution of a contract, against said contract. provide for the immediate purchase received on November 30, 2000, pur- Yeas: Mayor White, Directors as the initial amount of such con- suant to the authority of Ordinance Carter, Brooks, Konicek, Acting tract of the following: No. 1005-2000, passed July 17, 2000, Director Borokhovich, Directors Ric- which on the basis of the estimated chiuto, Whitlow, Guzman, Miller, Requisition No. 32273 quantity would amount to One Thou- Acting Director Dumas, Director as specified sand, Five Hundred Nineteen and Patterson, Acting Director Huth and which shall be certified against 68/100 ($1,519.68) (Net 30 Days) is Director Alexander. such contract in the sum of Three hereby affirmed and approved as Nays: None. Thousand, Three Hundred Eighty the lowest and best bid, and the Absent: None. and 00/100 Dollars ($3,380.00). Director of Public Safety is hereby Said requirement contract shall requested to enter into a require- Resolution No. 58-01. further provide that the Contractor ment contract for such goods and/or By Director Guzman. shall furnish the remainder of the services, which shall provide for the Resolved by the Board of Control City’s requirement for such goods immediate purchase as the initial of the City of Cleveland that the bid and/or services, whether more or amount of such contract of the fol- of Schwarz Uniform Corp. for an less than said estimated quantity, as lowing: estimated quantity of Uniform Cloth- may be ordered under subsequent ing Supplies-2001, item nos. 1-2, 7-9, requisitions separately certified Requisition No. 37037 11-22, 27-28, 35-35a, 35b, 36, 36a-38, 41, against said contract. as specified 43-47, 49-75, 77-80, 80a, 81-83, 86-94, 96- Yeas: Mayor White, Directors which shall be certified against 107, 111-122, 126, 127, 129, 133-139, for Carter, Brooks, Konicek, Acting such contract in the sum of One the Division of Police, Department Director Borokhovich, Directors Ric- Thousand, Five Hundred Nineteen of Public Safety, for the period of chiuto, Whitlow, Guzman, Miller, and 68/100 ($1,519.68). one (1) year beginning with the Acting Director Dumas, Director Said requirement contract shall date of execution of a contract Patterson, Acting Director Huth and further provide that the Contractor received on October 19, 2000, pur- Director Alexander. shall furnish the remainder of the suant to the authority of Section Nays: None. City’s requirement for such goods 135.06 of the Codified Ordinance of Absent: None. and/or services, whether more or 185 32 The City Record February 7, 2001 less than said estimated quantity, as Chapter 5722 of the Ohio Revised Whereas, the following conditions may be ordered under subsequent Code; and exist: requisitions separately certified Whereas, under said Program, the 1. The member of Council from against said contract. City has acquired Permanent Parcel Ward 13 has consented to the pro- Yeas: Mayor White, Directors No. 006-02-147 located at rear of 2171 posed sale; Carter, Brooks, Konicek, Acting West 85th Street in Ward 17; and 2. The parcel is either less than Director Borokhovich, Directors Ric- Whereas, Section 183.021 of the 4,800 square feet or less than 40 feet chiuto, Whitlow, Guzman, Miller, Codified Ordinances of Cleveland, frontage; Acting Director Dumas, Director Ohio 1976 authorizes the Commis- 3. The proposed purchasers of said Patterson, Acting Director Huth and sioner of Purchases and Supplies, parcel are neither tax delinquent Director Alexander. when directed by the Director of nor in violation of the Building and Nays: None. Community Development and when Housing Code; now, therefore, Absent: None. certain specified conditions have Be it resolved by the Board of been met, to sell Land Reutilization Control of the City of Cleveland that Resolution No. 62-01. Program parcels to adjacent or abut- pursuant to Section 183.021 of Codi- By Director Hudecek. ting landowners; and fied Ordinances of Cleveland, Ohio Whereas, pursuant to Ordinance Whereas, Efrain Rivera and Nilda 1976, the Commissioner of Purchas- No. 2076-76 passed October 25, 1976, Rivera, abutting/adjacent landown- es and Supplies is authorized, when the City is conducting a Land Reuti- ers, have proposed to the City to directed by the Director of Commu- lization Program (“Program”) in purchase and develop said parcel; nity Development, and the Mayor is accordance with the provisions of and hereby requested to execute an Offi- Chapter 5722 of the Ohio Revised Whereas, the following conditions cial Deed for and on behalf of the Code; and exist: City of Cleveland, with Jacqueline Whereas, under said Program, the 1. The member of Council from Angela Rivera and Heriberto Rivera City has acquired Permanent Parcel Ward 17 has consented to the pro- for the sale and development of Per- No. 010-18-023 located at 4659 West posed sale; manent Parcel No. 004-17-140 located 11th Street in Ward 15; and 2. The parcel is either less than at 2508 Thurman Street, in accor- Whereas, Section 183.021 of the 4,800 square feet or less than 40 feet dance with the Land Reutilization Codified Ordinances of Cleveland, frontage; Program in such manner as best car- Ohio 1976 authorizes the Commis- 3. The proposed purchasers of said ries out the intent of said program. sioner of Purchases and Supplies, parcel are neither tax delinquent Be it further resolved that the con- when directed by the Director of nor in violation of the Building and sideration for said parcel shall be Community Development and when Housing Code; now, therefore, $1.00, which amount is hereby deter- certain specified conditions have Be it resolved by the Board of mined to be not less than the Fair been met, to sell Land Reutilization Control of the City of Cleveland that Market value of said parcel for uses Program parcels to adjacent or abut- pursuant to Section 183.021 of Codi- in accordance with said Program. ting landowners; and fied Ordinances of Cleveland, Ohio Yeas: Directors Carter, Brooks, Whereas, Mario T. Gallo and 1976, the Commissioner of Purchas- Konicek, Acting Director Borok- Donna Gallo, abutting/adjacent es and Supplies is authorized, when hovich, Directors Ricchiuto, Whit- landowners, have proposed to the directed by the Director of Commu- low, Guzman, Miller, Acting Director City to purchase and develop said nity Development, and the Mayor is Dumas, Director Patterson, Acting parcel; and hereby requested to execute an Offi- Director Huth and Director Alexan- Whereas, the following conditions cial Deed for and on behalf of the der. exist: City of Cleveland, with Efrain Nays: None. 1. The member of Council from Rivera and Nilda Rivera for the sale Absent: Mayor White. Ward 15 has consented to the pro- and development of Permanent Par- posed sale; cel No. 006-02-147 located at rear of Resolution No. 65-01. 2. The parcel is either less than 2171 West 85th Street, in accordance By Director Guzman. 4,800 square feet or less than 40 feet with the Land Reutilization Pro- Resolved by the Board of Control frontage; gram in such manner as best carries of the City of Cleveland, that bids 3. The proposed purchasers of said out the intent of said program. received on October 19, 2000 for item parcel are neither tax delinquent Be it further resolved that the con- numbers 39, 48, 76, 123 and 125, for nor in violation of the Building and sideration for said parcel shall be the Division of Police, Department Housing Code; now, therefore, $1.00, which amount is hereby deter- of Public Safety, pursuant to the Be it resolved by the Board of mined to be not less than the Fair authority of Section 135.06, of the Control of the City of Cleveland that Market value of said parcel for uses Codified Ordinance of Cleveland, pursuant to Section 183.021 of Codi- in accordance with said Program. Ohio, 1976, be and the same are here- fied Ordinances of Cleveland, Ohio Yeas: Directors Carter, Brooks, by rejected. 1976, the Commissioner of Purchas- Konicek, Acting Director Borok- Yeas: Mayor White, Directors es and Supplies is authorized, when hovich, Directors Ricchiuto, Whit- Carter, Brooks, Konicek, Acting directed by the Director of Commu- low, Guzman, Miller, Acting Director Director Borokhovich, Directors Ric- nity Development, and the Mayor is Dumas, Director Patterson, Acting chiuto, Whitlow, Guzman, Miller, hereby requested to execute an Offi- Director Huth and Director Alexan- Acting Director Dumas, Director cial Deed for and on behalf of the der. Patterson, Acting Director Huth and City of Cleveland, with Mario T. Nays: None. Director Alexander. Gallo and Donna Gallo for the sale Absent: Mayor White. Nays: None. and development of Permanent Par- Absent: None. cel No. 010-18-023 located at 4659 Resolution No. 64-01. West 11th Street, in accordance with By Director Hudecek. Resolution No. 66-01. the Land Reutilization Program in Whereas, pursuant to Ordinance By Director Guzman. such manner as best carries out the No. 2076-76 passed October 25, 1976, Be it resolved by the Board of intent of said program. the City is conducting a Land Reuti- Control of the City of Cleveland that Be it further resolved that the con- lization Program (“Program”) in Board of Control Resolution No. 35- sideration for said parcel shall be accordance with the provisions of 01, adopted January 17, 2001, hereby $1.00, which amount is hereby deter- Chapter 5722 of the Ohio Revised is amended by substituting “Execu- mined to be not less than the Fair Code; and tive Caterers, Inc.” for “EC/EC Joint Market value of said parcel for uses Whereas, under said Program, the Venture Company”, where appear- in accordance with said Program. City has acquired Permanent Parcel ing. Yeas: Directors Carter, Brooks, No. 004-17-140 located at 2508 Thur- Be it further resolved that all Konicek, Acting Director Borok- man Street in Ward 13; and other provisions of said Resolution hovich, Directors Ricchiuto, Whit- Whereas, Section 183.021 of the No. 35-01 not hereby amended shall low, Guzman, Miller, Acting Director Codified Ordinances of Cleveland, remain unchanged and in full force Dumas, Director Patterson, Acting Ohio 1976 authorizes the Commis- and effect. Director Huth and Director Alexan- sioner of Purchases and Supplies, Yeas: Directors Carter, Brooks, der. when directed by the Director of Konicek, Acting Director Borok- Nays: None. Community Development and when hovich, Directors Ricchiuto, Whit- Absent: Mayor White. certain specified conditions have low, Guzman, Miller, Acting Director been met, to sell Land Reutilization Dumas, Director Patterson, Acting Resolution No. 63-01. Program parcels to adjacent or abut- Director Huth and Director Alexan- By Director Hudecek. ting landowners; and der. Whereas, pursuant to Ordinance Whereas, Jacqueline Angela Nays: None. No. 2076-76 passed October 25, 1976, Rivera and Heriberto Rivera, abut- Absent: Mayor White. the City is conducting a Land Reuti- ting/adjacent landowners, have pro- lization Program (“Program”) in posed to the City to purchase and JEFFREY B. MARKS, accordance with the provisions of develop said parcel; and Secretary 186 February 7, 2001 The City Record 33

CIVIL SERVICE NOTICES Calendar No. 01-10: 4490 West 12th where a multi-family, elderly hous- ______Street (Ward 15) ing apartment building is not a per- Joseph Passafiume, owner, mitted use in a Two-Family District General Information appeals to change the use of an and contrary to the Area Require- existing 26' x 36' masonry one and ments of Section 35.04 where area Application blanks and informa- one-half dwelling unit to two regulations in a “B” district (gross tion, regarding minimum entrance dwelling units situated on a 40' x floor area) may not exceed one-half qualifications, scope of examination, 132' parcel located in a One-Fami- the lot area or 33,230 sq. ft. and and suggested reference materials ly District on the west side of West 61,800 sq. ft. is proposed and area may be obtained at the office of the 12th Street at 4490 West 12th Street; regulations in a “B” district require Civil Service Commission, Room 119, said change of use being contrary 2,400 sq. ft. per dwelling unit to City Hall, East 6th Street, and Lake- to the Residential District Require- equal 115,200 sq. ft. and 66,460 sq. side Avenue. ments where dwelling houses, each ft. is proposed and contrary to the Application blanks must be prop- occupied by not more than one fam- Yards and Courts Requirements erly filled out on the official form ily and not more than two roomers where a 13'-6" front yard setback is prescribed by the Civil Service Com- or boarders, are permitted as stat- proposed and a 30' front yard set- mission and filed at the office of the ed in Section 337.02(a) the Codified back is required as stated in Sec- commission not later than the final O r d i n a n c e s . tion 357.04 of the Codified Ordi- closing date slated in the examina- n a n c e s . tion announcement. Calendar No. 01-11: 2309 East 95th EXAMINATION RESULTS: Each Street (Ward 6) EUGENE CRANFORD, JR., applicant whether passing or failing Deborah Armstead, owner, appeals Secretary will be notified of the results of the to enclose a 22'-8" x 8' one-story, examination as soon as the com- existing front porch of a one fami- mission has graded the papers. ly dwelling house situated on an REPORT OF THE BOARD Thereafter, eligible lists will be approximate 31' x 68' parcel locat- OF ZONING APPEALS established which will consist of the ed in a Two-Family District on the names of those candidates who have east side of East 95th Street at 2309 been successful in all parts of the MONDAY, FEBRUARY 5, 2001 East 95th Street; said enclosure examination. being contrary to the Yards and PHYSICAL EXAMINATION: All At the meeting of the Board of Courts Requirements where an 8' candidates for original entrance posi- Zoning Appeals on Monday, Febru- projection is proposed and 4' is per- tions who are successful in other ary 5, 2001, the following appeals parts of the examinations must sub- mitted as stated in Section were heard by the Board: mit to a physical examination. 357.13(b)(4) of the Codified Ordi- nances. The following appeals were Ap- ANNE BLOOMBERG, proved: President Calendar No. 01-14 8109 Quincy Avenue (Ward 6) Calendar No. 00-377: 9719 Ramona Fairfax Renaissance Development Boulevard SCHEDULE OF THE BOARD Corporation, owner c/o Vickie Damascus Missionary Baptist OF ZONING APPEALS Eaton, executive director, appeals Church, owner c/o Forest Reynolds, to construct a 183' x 123' four-story, agent, appealed to install an 8' long steel framed office building on an x 5' wide x 9 1/4" thick and 9' high TUESDAY, FEBRUARY 20, 2001 acreage parcel on the north side of monument sign within the front set- Quincy Avenue situated in split zon- back in a Two-Family District; 9:30 A.M. ing between Local Retail Business approval subject to written concur- and Two-Family Districts between rence from the Councilman and res- Calendar No. 01-08: 6200 South Mar- East 79th and East 83rd Streets at idential property owners on either ginal Road (Ward 13) 8109 Quincy Avenue; said construc- side of appellants’ property. Cleveland Electric Illuminating tion being contrary to the Business Company, owner c/o Martin Kukla, District Requirements of Section Calendar No. 00-378: 3302 Ralph agent, appeals to use an acreage 343.01(b)(3) where office use is per- parcel located in a Semi-Industry Avenue mitted but not to exceed a total of Mary Franks, owner, appealed to District on the south side of South 5 workers at any one time and over Marginal Road for exterior storage install 97 linear feet of 6' high 5 workers are proposed, and Section wooden fence to the east of a 43' x of construction materials and equip- 343.01(b)(1) where in reference to the ment at 6200 South Marginal Road; 130' parcel; upon submission and Residential District Requirements of approval of a revised plan. said proposed storage being con- Sections 337.02(f)(3) and 337.03 where trary to the Industrial District day care is required to be 30' from Requirements of Section 345.04(c)(33) Calendar No. 00-379: 1847 East 63rd a residential district and 19' is pro- where storage of building materials Street posed, and Section 343.11(b)(2)(L) must be surrounded by a substan- East 63rd Real Estate Company where an assembly hall is first per- tial 7' high wall or fence and a par- Ltd., owners c/o Albert Walcott, mitted in a General Retail District, tial unspecified fence is proposed appealed to construct a 180' x 228' and storage of any used materials and contrary to the Off-Street Park- twenty foot high, one-story masonry is prohibited and contrary to the ing and Loading Requirements of and metal storage building and Off-Street Parking and Loading Re- Section 349.04(g) where 11 parking parking lot for 37 cars on the north- quirements where the paved park- spaces are proposed and 65 are east and parking lot for 25 cars on ing area shall equal 15% of the required, and contrary to the Yards the southwest of a parcel in a Multi- total lot as required in Section and Courts Requirements where a Family District. 349.04(j) of the Codified Ordi- zero foot front yard setback is pro- n a n c e s . posed and 10' is required as per the Calendar No. 01-02: 3556 West 66th zoning map and stated in Section Street Calendar No. 01-09: 10306 Sandusky 357.07(a) of the Codified Ordi- Carla Speta, owner, appealed to Avenue (Ward 2) n a n c e s . install an 8' x 12' aluminum Willis Booker, owner, appeals to awning to the front of a two fami- enclose a 24' x 7'-8" one-story front Calendar No. 01-22: 635-677 East ly dwelling in a Two-Family Dis- existing porch of a two family 103rd Street (Ward 8) trict. dwelling house situated on an Glenville Development Corpora- approximate 40' x 110' parcel locat- tion, owner c/o Chris Auvil, agent, The following appeal was D e- ed in a Two-Family District on the appeals to construct a 6,800 sq. ft. n i e d : south side of Sandusky Avenue at three-story, 48 unit elderly housing 10306 Sandusky Avenue; said enclo- complex to be situated on an Calendar No. 00-338: 17608 Euclid sure being contrary to the Yards acreage parcel on the east side of Avenue and Courts Requirements where a East 103rd Street and located in a PVA Circle of Homes, owner c/o 7'-8" projection is proposed and 4' Two-Family District at 635-677 East Tom Lewins, appealed to change the is permitted as stated in Section 103rd Street; said construction being use of an existing office building 357.13(b)(4) of the Codified Ordi- contrary to the Residential District into bingo recreation use in a Multi- nances. Requirements of Section 337.03 Family District. 187 34 The City Record February 7, 2001

The following appeal was Post- CITY OF CLEVELAND BIDS THURSDAY, FEBRUARY 21, 2001 poned: Testing and Disposal of PCBOils Calendar No. 01-01: 3277 West 33rd For All Departments and Contaminated Materials, for Street postponed to March 19, the Division of Cleveland Public 2001. Sealed bids will be received at the Power, Department of Public Util- office of the Commissioner of Pur- On Monday, February 5, 2001, in chases and Supplies, Room 128, City ities, as authorized by Ordinance Executive Session: Hall, in accordance with the append- No. 1386-2000, passed by the Coun- ed schedule, and will be opened and cil of the City of Cleveland, Octo- The following appeals were heard ber 2, 2000. on Monday, January 29, 2001, and read in Room 128, City Hall, imme- said decisions were approved and diately thereafter. A PRE-BID MEETING WILL BE adopted by the Board on February Each bid must be made in accor- HELD ON THURSDAY, FEBRU- 5, 2001: dance with the specifications and ARY 8, 2001, 10:00 A.M., AT must be submitted on the blanks CLEVELAND PUBLIC POWER, The following appeal was Ap- supplied for the purpose, all of 1300 LAKESIDE AVENUE, CLEVE- proved: which may be obtained at the office LAND, OHIO 44114. ATTENDANCE IS MANDATORY. Calendar No. 00-375: 17718 South of the said Commissioner of Pur- Waterloo Road chases and Supplies, but no bid will Clifford Senor, owner, and Alpha be considered unless delivered to Winter Jacket Liners, for the Divi- Metals, tenant, appealed to expand the office of the said commissioner sion of Cleveland Public Power, the use of an existing scrap metals previous to 12:00 noon (Eastern Department of Public Utilities, as facility to include outside storage of Standard Time) on the date speci- authorized by Ordinance No. 1676- scrap metals in a Semi-Industry Dis- fied in the schedule. 2000, passed by the Council of the trict; upon condition that all outdoor 187.10 Negotiated contracts; Notice storage on the premises be kept in City of Cleveland, November 20, containers. required in Advertisement for Bids. 2000. Where invitations for bids are A PRE-BID MEETING WILL BE The following appeal was Denied: advertised, the following notice HELD ON THURSDAY, FEBRU- shall be included in the advertise- ARY 15, 2001, 2:00 P.M., AT Calendar No. 00-374: 4423 Detroit ment: “Pursuant to the MBE/FBE CLEVELAND PUBLIC POWER, Avenue Code, each prime bidder, each 1300 LAKESIDE AVENUE, Noshyh Henen, owner, appealed to minority business enterprise CLEVELAND, OHIO 44114. AT- construct a one-story masonry stock (“MBE”) and each female business room addition to a one-story mason- TENDANCE IS MANDATORY. enterprise (“FBE”) must be certi- ry food mart building in a Semi- Industry District. fied before doing business with the City. Therefore, any prime contrac- January 31, 2001 and February 7, 2001 The following appeal was heard on tor wishing to receive credit for Tuesday, January 2, 2001, and said using an MBE or FBE should FRIDAY, FEBRUARY 23, 2001 decision was approved and adopted ensure that applications for certifi- by the Board on February 5, 2001: cation as to MBE or FBE status Labor and Materials to Repair and compliance with the Code, affirma- Maintain Pump Stations, for the The following appeal was Ap- tive action in employment and, if proved: Division of Water Pollution Con- applicable, joint venture status, are trol, Department of Public Utili- Calendar No. 00-358: 14402 Puritas submitted to the Office of Equal ties, as authorized by Ordinance Avenue Opportunity (“OEO”) prior to the No. 1959-2000, passed by the Coun- SSS Properties of Ohio Ltd., own- date of bid opening or submission cil of the City of Cleveland, ers, appealed to change the use of of proposals or as specified by the December 18, 2000. a one-story, masonry former post Director. Failure to comply with the office building to a retail store use business enterprise code or with located in split zoning for General representations made on these February 7, 2001 and February 14, 2001 Retail Business and One-Family Dis- forms may result in cancellation of tricts. the contract or other civil or crimi- THURSDAY, MARCH 1, 2001 The following appeals, previously nal penalties.” scheduled and postponed, were Dis- Upgrade of Security System and missed at the request of the Divi- WEDNESDAY, FEBRUARY 14, 2001 Central Control, for the Depart- sion of Building and Housing: ment of Port Control, as autho- Mercedes Cotner Park Site Improve- rized by Ordinance No. 1289-97, Calendar No. 00-346: 2700 East 47th ments, for the Division of Street. passed by the Council of the City Research, Planning and Develop- of Cleveland, May 15, 1998. Calendar No. 00-359: 1208 East 55th ment, Department of Parks, Recre- A PRE-BID MEETING WILL BE Street. ation and Properties, as autho- HELD ON THURSDAY, FEBRU- rized by Ordinance No. 894-99, ARY 15, 2001, 1:30 P.M., IN THE passed by the Council of the City Calendar No. 00-368: 3950 Broadway ENGINEERING CONFERENCE Avenue. of Cleveland, June 14, 1999. ROOM, 19501 FIVE POINTS ROAD A DEPOSIT OF TWENTY FIVE (AND CARGO), CLEVELAND, EUGENE CRANFORD, JR., DOLLARS ($25.00) CERTIFIED OHIO 44135. Secretary CHECK WILL BE REQUIRED FOR EACH SET OF PLANS AND Installation of FAA Supplied, AC REPORT OF THE BOARD SPECIFICATIONS. THE DE- Unit for Central Control, for the OF BUILDING STANDARDS POSIT WILL BE REFUNDED IF THE PLANS AND SPECIFICA- Department of Port Control, as AND BUILDING APPEALS TIONS ARE RETURNED IN authorized by Ordinance No. GOOD CONDITION WITHIN FIF- 1289-97, passed by the Council of NO MEETING TEEN (15) DAYS AFTER THE the City of Cleveland, May 15, BID OPENING DATE. 1 9 9 8 . A PRE-BID MEETING WILL BE PUBLIC NOTICE Commercial Gases, for the Various HELD ON FRIDAY, FEBRUARY Divisions of City Government, 16, 2001, 1:30 P.M., IN THE ENGI- NONE Department of Finance, as autho- NEERING CONFERENCE ROOM, rized by Ordinance No. 1862-2000, 19501 FIVE POINTS ROAD (AND passed by the Council of the City CARGO), CLEVELAND, OHIO NOTICE OF PUBLIC HEARING of Cleveland, November 20, 2000. 44135.

NONE January 31, 2001 and February 7, 2001 February 7, 2001 and February 14, 2001 188 February 7, 2001 The City Record 35

WEDNESDAY, MARCH 7, 2001 For Further Information Contact: ADOPTED RESOLUTIONS AND ORDINANCES PVC Conduit, Fittings and Acces- Denise Hale, Mon. - Fri. 8 A. M . -5 P.M. ______sories, for the Division of Cleve- (216) 676-9699 x 103 land Public Power, Department of (216) 676-9778 (fax) Res. No. 146-01. Public Utilities, as authorized by By Councilmen Cimperman and Reed. Section 129.26 of the Codified Ordi- Request for Qualifications (RFQ): An emergency resolution opposing nances of the City of Cleveland, WBS NO. K521 — the plan recently announced by Gov- 1976. CERTIFIED PROFESSIONAL IN ernor Taft to expand the state-wide A PRE-BID MEETING WILL BE EROSION AND SEDIMENT lottery in order to generate addi- tional funding for schools and urg- HELD ON WEDNESDAY, FEBRU- CONTROL INSPECTIONS ARY 21, 2001, 10:00 A.M., AT ing the Governor to find another CLEVELAND PUBLIC POWER, source of funds for improvements to Interested firms may obtain Quali- our school system. 1300 LAKESIDE AVENUE, fication Packages beginning Febru- Whereas, this Council of the City CLEVELAND, OHIO 44114. ary 9, 2001 by going to: of Cleveland is cognizant of the ATTENDANCE IS MANDATORY. deplorable conditions of our city’s www.clevelandairport.com school buildings and the poor acad- Ductline Installation and/or Repair, emic results of many of our Cleve- for the Division of Cleveland Pub- land school students; and Submit Questions (prior to the Pre- Whereas, this Council recognizes lic Power, Department of Public Qualification meeting) via the web- the need for additional funding for Utilities, as authorized by Ordi- site or e-mail at: our school system to remedy build- nance No. 746-2000, passed by the ing deficiencies and to improve the Council of the City of Cleveland, [email protected] quality of education received by our June 12, 2000. school children; and A PRE-BID MEETING WILL BE Whereas, Governor Taft has an- SUBMITTAL DUE DATE: HELD ON THURSDAY, FEBRU- nounced a budget plan to bolster funding for schools premised on the ARY 22, 2001, 10:00 A.M., AT MONDAY, FEBRUARY 26, 2001 idea that Ohio will join Powerball CLEVELAND PUBLIC POWER, AT 12:00 O’CLOCK NOON or another multistate lottery by 1300 LAKESIDE AVENUE, March 31, 2002; and CLEVELAND, OHIO 44114. Whereas, such a budget is specu- PRE-QUALIFICATIONS MEETING: lative and requires the approval of the state legislature to permit the February 7, 2001 and February 14, 2001 TUESDAY, FEBRUARY 20, 2001 expansion of the lottery; and 10:00 a.m. Whereas, this Council has been THURSDAY, MARCH 15, 2001 Program Management and continues to be opposed to the Team Office expansion and marketing of the lot- 19501 Five Points Road tery to poor and low-income resi- Powered Activated Carbon, for the dents of our neighborhoods since the Cleveland, Ohio 44135 Division of Water, Department of residents participating in the lottery Public Utilities, as authorized by do not receive a proportionate share Section 129.24 of the Codified Ordi- For Further Information Contact: of the revenues derived from the lot- nances of the City of Cleveland, tery; and 1976. Denise Hale, Mon. - Fri. 8 A. M . -5 P.M. Whereas, while Governor Taft is well-intentioned in his desire to A PRE-BID MEETING WILL BE (216) 676-9699 x 103 (216) 676-9778 (fax) increase funding for Ohio schools, HELD ON THURSDAY, FEBRU- the manner in which he proposes to ARY 15, 2001, 10:00 A.M., IN THE fund those initiatives is speculative 5TH FLOOR CONFERENCE Request for Qualifications (RFQ): and serves to undermine the poor ROOM (SOUTH), 1201 LAKESIDE WBS NO. K520 — and low-income neighborhoods; and AVENUE, CLEVELAND, OHIO TRIGGER PLAN Whereas, this Council opposes the 44114. Governor Taft’s plan to fund schools IMPLEMENTATION PROJECT through the expansion of the lottery and urges the Governor to develop February 7, 2001 and February 14, 2001 Interested firms may obtain Quali- a more realistic and less onerous fication Packages beginning Febru- plan to provide additional funding ary 9, 2001 by going to: for our school students; and Request for Qualifications (RFQ): Whereas, this resolution consti- tutes an emergency measure for the WBS NO. K510 — www.clevelandairport.com INTERIM MEASURES immediate preservation of public peace, property, health or safety, FEASIBILITY STUDIES Submit Questions (prior to the Pre- now, therefore, Qualification meeting) via the web- Be it resolved by the Council of Interested firms may obtain Quali- site or e-mail at: the City of Cleveland: fication Packages beginning Febru- Section 1. That this Council of the ary 2, 2001 by going to: [email protected] City of Cleveland is opposed to the plan recently announced by Gover- nor Taft to expand the state-wide www.clevelandairport.com SUBMITTAL DUE DATE: lottery in order to generate addi- tional funding for schools through- Submit Questions (prior to the Pre- WEDNESDAY, MARCH 7, 2001 out Ohio and urges, the Governor to Qualification meeting) via the web- AT 12:00 O’CLOCK NOON reevaluate his plan to find another site or e-mail at: source of funds for improvements to PRE-QUALIFICATIONS MEETING: our school system. Section 2. That the Clerk of Council [email protected] is hereby requested to furnish a copy TUESDAY, FEBRUARY 20, 2001 of this resolution to Governor Taft SUBMITTAL DUE DATE: 10:00 a.m. and to Barbara Byrd-Bennett, CEO of Program Management the Cleveland Municipal Schools. FRIDAY, FEBRUARY 23, 2001 Team Office Section 3. That this resolution is hereby declared to be an emergency AT 12:00 O’CLOCK NOON 19501 Five Points Road Cleveland, Ohio 44135 measure and, provided it receives the affirmative vote of two-thirds of PRE-QUALIFICATIONS MEETING: For Further Information Contact: all the members elected to Council, it shall take effect and be in force THURSDAY, FEBRUARY 8, 2001 immediately upon its adoption and Denise Hale, Mon. - Fri. 8 A. M . -5 P.M. 10:00 a.m. approval by the Mayor; otherwise it (216) 676-9699 x 103 shall take effect and be in force Program Management (216) 676-9778 (fax) from and after the earliest period Team Office allowed by law. 19501 Five Points Road Adopted January 29, 2001. Cleveland, Ohio 44135 February 7, 2001 and February 14, 2001 Effective February 1, 2001. 189 36 The City Record February 7, 2001

Res. No. 147-01. Whereas, the City of Cleveland Section 6. That this ordinance is By Councilmen White and Jones. has elected to adopt and implement hereby declared to be an emergency An emergency resolution ur g i n g the procedures under Chapter 5722 measure and, provided it receives the Mayor to increase the number of of the Ohio Revised Code to facili- the affirmative vote of two-thirds of Police Officers assigned to the Fourth tate reutilization of nonproductive all the members elected to Council, Police District in order to enhance the lands situated within the City of it shall take effect and be in force public safety of neighborhood resi- Cleveland; and immediately upon its passage and dents and to reduce the incidence of Whereas, real property acquired approval by the Mayor; otherwise it illegal narcotic sales that is taking under the City’s Land Reutilization shall take effect and be in force place within the community. Program is acquired, held, adminis- from and after the earliest period Whereas, over the past several tered and disposed of by the City of allowed by law. years there have been an increasing Cleveland through its Department of Passed January 29, 2001. number of police officers being Community Development under the Effective February 1, 2001. assigned to the various Cleveland terms of Chapter 5722 of the Ohio Police Districts as a result of the Revised Code and Section 183.021 of Fresh Start, and other law enforce- Codified Ordinances of the City of ment programs in order to decrease Cleveland, 1976; and Ord. No. 853-2000. the incidences and occurrences of Whereas, this ordinance consti- By Councilmen Lewis, Melena, crimes and the sale of illegal nar- tutes an emergency measure provid- Cimperman and Patmon (by depart- cotics; and ing for the usual daily operation of mental request). Whereas, drug activity is often a municipal department; now, there- An emergency ordinance authoriz- the gateway to other criminal activ- fore, ing the sale of real property as part ity and social disruption, that expos- Be it ordained by the Council of of the Land Reutilization Program es neighborhood residents, young the City of Cleveland: and located at 1410 East 88th Street adults, children, and visitors to an Section 1. That pursuant to Sec- to Annie Carter (ow Anna Carter). environment, which is considered to tion 183.021 of the Codified Ordi- Whereas, the City of Cleveland be very unhealthy to Cleveland’s nances of Cleveland, Ohio, 1976, the has elected to adopt and implement neighborhoods; and Commissioner of Purchases and Sup- the procedures under Chapter 5722 Whereas, the Fourth Police District plies is hereby authorized to sell of the Ohio Revised Code to facili- historically has the most incidences Permanent Parcel No(s). 107-06-045, tate reutilization of nonproductive of crimes occurring within its bound- as more fully described in Section 2 lands situated within the City of aries such as illegal narcotic sales, below, to John D. Rowe. Cleveland; and which has raised concerns among the Section 2. That the real property Whereas, real property acquired residents about the quality of public to be sold pursuant to Section 1 of under the City’s Land Reutilization safety in their neighborhoods; and this Ordinance is more fully Program is acquired, held, adminis- Whereas, by increasing the num- described as follows: tered and disposed of by the City of ber of police officers to patrol the Cleveland through its Department of neighborhoods in Cleveland’s Fourth P. P. No. 107-06-045 Community Development under the District, neighborhood residents will Situated in the City of Cleveland, terms of Chapter 5722 of the Ohio feel safer about their neighborhood, County of Cuyahoga and State of Revised Code and Section 183.021 of and overall quality of life; and Ohio, and known as being Sublot No. Codified Ordinances of the City of Whereas, an increase in the num- 93 in the Posen Subdivision of part Cleveland, 1976; and ber of police officers patrolling the of Original One Hundred Township Whereas, this ordinance consti- Fourth Police District will greatly Lots Nos. 375 and 376 as shown by tutes an emergency measure provid- contribute to a significant decrease the recorded plat in Volume 20 of ing for the usual daily operation of in the incidence of crimes that are Maps, Page 29 of Cuyahoga County a municipal department; now, there- occurring within this community; and Records and part of Hedwig Court fore, Whereas, by improving the over- as shown by the Vacation plat in Be it ordained by the Council of all public safety for the residents Volume 170 of Maps, Page 9 of Cuya- the City of Cleveland: residing in the Fourth Police Dis- hoga County Records and together Section 1. That pursuant to Sec- trict a sense of well being and an forming a parcel of land, having a tion 183.021 of the Codified Ordi- improved quality of life will be frontage of 30 feet on the Northerly nances of Cleveland, Ohio, 1976, the achieved as a result of keeping the side of Kosciuszko Avenue, (for- Commissioner of Purchases and Sup- community safe from drugs and merly Hoffman Street) (45 feet plies is hereby authorized to sell crime; now, therefore wide), extending back between par- Permanent Parcel No(s). 107-15-112, Be it resolved by the Council of allel lines of 105 feet to the center as more fully described in Section 2 the City of Cleveland: line of said vacated alley, as below, to Annie Carter (ow Anna Section 1. That Mayor of the City appears by said plat, be the same Carter). of Cleveland be strongly urged to more or less, but subject to all legal Section 2. That the real property hire and assign more police officers highways. to be sold pursuant to Section 1 of to the Fourth Police District in Section 3. That all documents nec- this Ordinance is more fully order to reduce the incidences of essary to complete the conveyance described as follows: crime and to decrease the sale of authorized by this ordinance shall illegal narcotics. be executed within six (6) months P. P. No. 107-15-112 Section 2. That the Clerk of Coun- of the effective date of this ordi- Situated in the City of Cleveland, cil be and she hereby is directed to nance. If all of the documents are County of Cuyahoga and State of transmit a certified copy of this res- not executed within six (6) months Ohio, and known as being Sublot No. olution to Michael R. White, Mayor of the effective date of this ordi- 11 in G.P. Geib’s Subdivision of part of the City of Cleveland. nance, or such additional time as of Original One Hundred Acre Lot No. Section 3. That this resolution is may be granted by the Director of 384, as shown by the recorded plat in hereby declared to be an emergency Community Development, this ordi- Volume 25 of Maps, Page 2 of Cuya- measure and, provided it receives nance shall be repealed and shall be hoga County Records and being 35 the affirmative vote of two-thirds of of no further force or effect. feet front on the Westerly side of all the members elected to Council, Section 4. That the consideration East 88th Street (formerly Leroy it shall take effect and be in force for the subject parcel shall be estab- Place) and extending back 104 feet immediately upon its adoption and lished by the Board of Control and deep on the Northerly line, 104.02 feet approval by the Mayor; otherwise it shall be not less than Fair Market deep on the Southerly line and being shall take effect and be in force Value taking into account such 32.64 feet in the rear, as appears by from and after the earliest period terms and conditions, restrictions said plat, be the same more or less, allowed by law. and covenants as are deemed nec- but subject to all legal highways. Adopted January 29, 2001. essary or appropriate. Subject to Zoning Ordinances, if Effective February 1, 2001, with- Section 5. That the conveyance any. out the signature of the Mayor. authorized hereby shall be made by Section 3. That all documents nec- official deed prepared by the Direc- essary to complete the conveyance tor of Law and executed by the authorized by this ordinance shall Mayor on behalf of the City of be executed within six (6) months Ord. No. 852-2000. Cleveland. The deed shall contain of the effective date of this ordi- By Councilmen Lewis, Melena, such provisions as may be necessary nance. If all of the documents are Cimperman and Patmon (by depart- to protect and benefit the public not executed within six (6) months mental request). interest including such restrictive of the effective date of this ordi- An emergency ordinance authoriz- covenants and reversionary inter- nance, or such additional time as ing the sale of real property as part ests as may be specified by the may be granted by the Director of of the Land Reutilization Program Board of Control, the Director of Community Development, this ordi- and located at 8501 Kosciuszko Community Development or the nance shall be repealed and shall be Avenue to John D. Rowe. Director of Law. of no further force or effect. 190 February 7, 2001 The City Record 37

Section 4. That the consideration bounded and described as follows: Community Development under the for the subject parcel shall be estab- Beginning on the Southerly line of terms of Chapter 5722 of the Ohio lished by the Board of Control and Harkness Avenue, N.E., at a point Revised Code and Section 183.021 of shall be not less than Fair Market distant 35 feet Easterly, measured Codified Ordinances of the City of Value taking into account such along said Southerly line, from the Cleveland, 1976; and terms and conditions, restrictions Northwesterly corner of said Sublot Whereas, this ordinance constitutes and covenants as are deemed nec- No. 7; thence Easterly along said an emergency measure providing for essary or appropriate. Southerly line of Harkness Avenue, the usual daily operation of a munic- Section 5. That the conveyance N.E., 31.50 feet to a point distant ipal department; now, therefore, authorized hereby shall be made by 33.50 feet Westerly, measured along Be it ordained by the Council of official deed prepared by the Direc- said Southerly line, from the North- the City of Cleveland: tor of Law and executed by the easterly corner of said Sublot No. 6; Section 1. That pursuant to Sec- Mayor on behalf of the City of thence Southerly and parallel with tion 183.021 of the Codified Ordi- Cleveland. The deed shall contain Easterly the line of Sublot No. 6, nances of Cleveland, Ohio, 1976, the such provisions as may be necessary 137.67 feet; thence Westerly at an Commissioner of Purchases and to protect and benefit the public included angle of 91° 04' with the Supplies is hereby authorized to sell interest including such restrictive last described line, 31.40 feet; thence Permanent Parcel No(s). 104-18-070, covenants and reversionary inter- Northerly and parallel with said as more fully described in Section 2 ests as may be specified by the Easterly line of said Sublot No. 6, below, to Betty J. Shabazz. Board of Control, the Director of 135.63 feet to the place of beginning, Section 2. That the real property Community Development or the as appears by said plat. to be sold pursuant to Section 1 of Director of Law. Subject to all zoning ordinances, this Ordinance is more fully Section 6. That this ordinance is if any. described as follows: hereby declared to be an emergency Section 3. That all documents nec- measure and, provided it receives essary to complete the conveyance P. P. No. 104-18-070 the affirmative vote of two-thirds of authorized by this ordinance shall Situated in the City of Cleveland, all the members elected to Council, be executed within six (6) months County of Cuyahoga and State of it shall take effect and be in force of the effective date of this ordi- Ohio, and known as being the West- immediately upon its passage and nance. If all of the documents are erly 38 feet of Sublot No. 4, the East- approval by the Mayor; otherwise it not executed within six (6) months erly 50 feet of Sublot No. 1 and the shall take effect and be in force of the effective date of this ordi- Easterly 50 feet of the Northerly from and after the earliest period nance, or such additional time as 52.27 feet of Sublot No. 2 in the allowed by law. may be granted by the Director of Sweesy et.al. Subdivision of part of Passed January 29, 2001. Community Development, this ordi- Original One Hundred Acre Lot No. Effective February 1, 2001. nance shall be repealed and shall be 340, as shown by the recorded plat of no further force or effect. in Volume 12 of Maps, Page 40 of Section 4. That the consideration Cuyahoga County Records, and for the subject parcel shall be estab- together forming a parcel of land Ord. No. 854-2000. lished by the Board of Control and having a frontage of 88 feet on the By Councilmen Lewis, Melena, shall be not less than Fair Market Southerly side of Whittier Avenue, Cimperman and Patmon (by depart- Value taking into account such N.E., (formerly Sixth Avenue), and mental request). terms and conditions, restrictions extending back of equal width An emergency ordinance authoriz- and covenants as are deemed nec- 142.73 feet, as appears by said plat, ing the sale of real property as part essary or appropriate. be the same more or less, but sub- of the Land Reutilization Program Section 5. That the conveyance ject to all legal highways. and located at 8712 Harkness Road authorized hereby shall be made by Also subject to all zoning ordi- to John E. Watt and Evelyn H. Watt. official deed prepared by the Direc- nances, if any. Whereas, the City of Cleveland tor of Law and executed by the Section 3. That all documents nec- has elected to adopt and implement Mayor on behalf of the City of essary to complete the conveyance the procedures under Chapter 5722 Cleveland. The deed shall contain authorized by this ordinance shall of the Ohio Revised Code to facili- such provisions as may be necessary be executed within six (6) months tate reutilization of nonproductive to protect and benefit the public of the effective date of this ordi- lands situated within the City of interest including such restrictive nance. If all of the documents are Cleveland; and covenants and reversionary inter- not executed within six (6) months Whereas, real property acquired ests as may be specified by the of the effective date of this ordi- under the City’s Land Reutilization Board of Control, the Director of nance, or such additional time as Program is acquired, held, adminis- Community Development or the may be granted by the Director of tered and disposed of by the City of Director of Law. Community Development, this ordi- Cleveland through its Department of Section 6. That this ordinance is nance shall be repealed and shall be Community Development under the hereby declared to be an emergency of no further force or effect. terms of Chapter 5722 of the Ohio measure and, provided it receives Section 4. That the consideration Revised Code and Section 183.021 of the affirmative vote of two-thirds of for the subject parcel shall be estab- Codified Ordinances of the City of all the members elected to Council, lished by the Board of Control and Cleveland, 1976; and it shall take effect and be in force shall be not less than Fair Market Whereas, this ordinance consti- immediately upon its passage and Value taking into account such tutes an emergency measure provid- approval by the Mayor; otherwise it terms and conditions, restrictions ing for the usual daily operation of shall take effect and be in force and covenants as are deemed nec- a municipal department; now, there- from and after the earliest period essary or appropriate. fore, allowed by law. Section 5. That the conveyance Be it ordained by the Council of Passed January 29, 2001. authorized hereby shall be made by the City of Cleveland: Effective February 1, 2001. official deed prepared by the Direc- Section 1. That pursuant to Section tor of Law and executed by the 183.021 of the Codified Ordinances of Mayor on behalf of the City of Cleveland, Ohio, 1976, the Commis- Cleveland. The deed shall contain sioner of Purchases and Supplies is Ord. No. 855-2000. such provisions as may be necessary hereby authorized to sell Permanent By Councilmen Lewis, Melena, to protect and benefit the public Parcel No(s). 107-18-054, as more Cimperman and Patmon (by depart- interest including such restrictive fully described in Section 2 below, to mental request). covenants and reversionary inter- John E. Watt and Evelyn H. Watt. An emergency ordinance authoriz- ests as may be specified by the Section 2. That the real property ing the sale of real property as part Board of Control, the Director of to be sold pursuant to Section 1 of of the Land Reutilization Program Community Development or the this Ordinance is more fully and located on Whittier Avenue to Director of Law. described as follows: Betty J. Shabazz. Section 6. That this ordinance is Whereas, the City of Cleveland hereby declared to be an emergency P. P. No. 107-18-054 has elected to adopt and implement measure and, provided it receives Situated in the City of Cleveland, the procedures under Chapter 5722 the affirmative vote of two-thirds of County of Cuyahoga and State of of the Ohio Revised Code to facili- all the members elected to Council, Ohio, and known as being part of tate reutilization of nonproductive it shall take effect and be in force Sublots Nos. 6 and 7 in the Chas. A. lands situated within the City of immediately upon its passage and Ferguson Re-Subdivision of part of Cleveland; and approval by the Mayor; otherwise it Original One Hundred Acre Lot No. Whereas, real property acquired shall take effect and be in force 392, as shown by the recorded plat under the City’s Land Reutilization from and after the earliest period in Volume 15 of Maps, Page 23 of Program is acquired, held, adminis- allowed by law. Cuyahoga County Records and tered and disposed of by the City of Passed January 29, 2001. together forming a parcel of land Cleveland through its Department of Effective February 1, 2001. 191 38 The City Record February 7, 2001

Ord. No. 1798-2000. necessary to repair or replace fire chased during the preceding term, to By Mayor White. hydrants, in the approximate amount be purchased by the Commissioner An emergency ordinance authoriz- as purchased during the preceding of Purchases and Supplies upon a ing the Director of Port Control to term, to be purchased by the Com- unit basis for the Division of Cleve- employ one or more consultants or missioner of Purchases and Supplies land Public Power, Department of one or more firms of consultants to upon a unit basis for the Division of Public Utilities. Bids shall be taken provide professional services neces- Water, Department of Public Utili- in such manner as to permit an sary to conduct annual audits of ties. Bids shall be taken in such man- award to be made for all items as a select vendors and concessionaires ner as to permit an award to be single contract, or by separate con- for Fiscal Year 2000 for the various made for all items as a single con- tract for each or any combination of divisions of the Department of Port tract, or by separate contract for said items as the Board of Control Control. each or any combination of said shall determine. Alternate bids for a Whereas, this ordinance consti- items as the Board of Control shall period less than two years may be tutes an emergency measure provid- determine. Alternate bids for a taken if deemed desirable by the ing for the usual daily operation of period less than one year may be Commissioner of Purchases and Sup- a municipal department; now, there- taken if deemed desirable by the plies until provision is made for the fore, Commissioner of Purchases and Sup- requirements for the entire term. Be it ordained by the Council of plies until provision is made for the Section 2. That the cost of said the City of Cleveland: requirements for the entire term. The contract shall not exceed $55,000 and Section 1. That the Director of successful bidder shall use its best shall be charged against the proper Port Control is hereby authorized to efforts to hire Cleveland residents appropriation account and the Direc- employ by contract one or more con- for fifty percent of any job openings tor of Finance shall certify thereon sultants or one or more firms of con- during the course of the contract. the amount of the initial purchase sultants to provide professional ser- Section 2. That the list of prospec- thereunder, which purchase, togeth- vices necessary to conduct annual tive bidders for the requirement con- er with all subsequent purchases, audits of select vendors and conces- tract authorized herein shall include shall be made on order of the Com- sionaires for Fiscal Year 2000 for employees within the Division of missioner of Purchases and Supplies the various divisions of the Depart- Water and their respective unions pursuant to a requisition against ment of Port Control. and such list shall be forwarded to such contract duly certified by the The selection of said consultants the Chairman of the Public Utilities Director of Finance. The Director of for such services shall be made by committee. The bidding process, Finance or the Director of Public the Board of Control upon the nom- including advertisements for bids, Utilities shall notify the President of ination of the Director of Port Con- shall occur in accordance with the Council, the Chairman of the Public trol from a list of qualified consul- Charter and the Codified Ordinances Utilities Committee, and the Chair- tants available for such employment of Cleveland, Ohio, 1976. man of the Finance Committee of as may be determined after a full Section 3. That the cost of said con- any expenditures under this require- and complete canvass by the Direc- tract shall not exceed $1,500,000 and ment contract within thirty (30) tor of Port Control for the purpose shall be charged against the proper days of such expenditure. (RL 31572) of compiling such a list. The com- appropriation account and the Direc- Section 3. That this ordinance is pensation to be paid for such ser- tor of Finance shall certify thereon hereby declared to be an emergency vices shall be fixed by the Board of the amount of the initial purchase measure and, provided it receives Control. The contract herein autho- thereunder, which purchase, together the affirmative vote of two-thirds of rized shall be prepared by the Direc- with all subsequent purchases, shall all the members elected to Council, tor of Law, approved by the Direc- be made on order of the Commis- it shall take effect and be in force tor of Port Control, and certified by sioner of Purchases and Supplies pur- immediately upon its passage and the Director of Finance. suant to a requisition against such approval by the Mayor; otherwise it Section 2. That all professional contract duly certified by the Direc- shall take effect and be in force services authorized herein shall be tor of Finance. (RL 33696) from and after the earliest period completed within one (1) year from Section 4. That this ordinance is allowed by law. the passage date of this Ordinance. hereby declared to be an emergency Passed January 29, 2001. Section 3. That the costs for such measure and, provided it receives Effective February 1, 2001. contract herein authorized shall not the affirmative vote of two-thirds of exceed $50,000.00 and shall be paid all the members elected to Council, from Fund No. 60 SF 001, Request it shall take effect and be in force No. 30903. immediately upon its passage and Ord. No. 2207-2000. Section 4. That this ordinance is approval by the Mayor; otherwise it By Councilmen Cimperman, Lewis, hereby declared to be an emergency shall take effect and be in force Polensek and Patmon (by depart- measure and, provided it receives from and after the earliest period mental request). the affirmative vote of two-thirds of allowed by law. An emergency ordinance authoriz- all the members elected to Council, Passed January 29, 2001. ing the purchase by requirement con- it shall take effect and be in force Effective February 1, 2001. tract of labor and materials neces- immediately upon its passage and sary to install mastarms and signals approval by the Mayor; otherwise it on Payne Avenue, for the Division of shall take effect and be in force Traffic Engineering and Parking, from and after the earliest period Ord. No. 2101-2000. Department of Public Safety. allowed by law. By Councilmen O’Malley and Pat- Whereas, this ordinance consti- Passed January 29, 2001. mon (by departmental request). tutes an emergency measure provid- Effective February 1, 2001. An emergency ordinance authoriz- ing for the usual daily operation of ing the purchase by requirement a municipal department; now, there- contract of labor and materials nec- fore, essary to repair or replace plumbing Be it ordained by the Council of Ord. No. 2100-2000. equipment and for water, sewer and the City of Cleveland: By Councilmen O’Malley and Pat- gas line repair, for the Division of Section 1. That the Director of mon (by departmental request). Cleveland Public Power, Department Public Safety is hereby authorized An emergency ordinance authoriz- of Public Utilities, for a period not to make a written requirement con- ing the purchase by requirement to exceed two years. tract in accordance with the Charter contract of labor and materials nec- Whereas, this ordinance consti- and the Codified Ordinances of essary to repair or replace fire tutes an emergency measure provid- Cleveland, Ohio, 1976, for the re- hydrants, for the Division of Water, ing for the usual daily operation of quirements for the period of one Department of Public Utilities. a municipal department; now, there- year for the necessary items of Whereas, this ordinance consti- fore, labor and materials necessary to tutes an emergency measure provid- Be it ordained by the Council of install mastarms and signals to com- ing for the usual daily operation of the City of Cleveland: plete the Downtown signalization a municipal department; now, there- Section 1. That the Director of project on Payne Avenue and for the fore, Public Utilities is hereby authorized mastarms and signals at the inter- Be it ordained by the Council of to make a written requirement con- sections of East 105th Street and St. the City of Cleveland: tract in accordance with the Charter Clair, in a sum not to exceed Section 1. That the Director of Pub- and the Codified Ordinances of $250,000 to be purchased by the Com- lic Utilities is hereby authorized to Cleveland, Ohio, 1976, for the re- missioner of Purchases and Supplies make a written requirement contract quirements for the period of two upon a unit basis for the Division in accordance with the Charter and years of the necessary items of labor of Traffic Engineering and Parking, the Codified Ordinances of Cleveland, and materials necessary to repair or Department of Public Safety. Bids Ohio, 1976, for the requirements for replace plumbing equipment and for shall be taken in such manner as to the period of one year of the neces- water, sewer and gas line repair, in permit an award to be made for all sary items of labor and materials the approximate amount as pur- items as a single contract, or by sep- 192 February 7, 2001 The City Record 39 arate contract for each or any com- duly certified by the Director of (c) In order to be eligible for a bination of said items as the Board Finance. (RL 34410) preference, the bidder shall submit of Control shall determine. Alternate Section 3. That this ordinance is with its bid or proposal the follow- bids for a period less than a year hereby declared to be an emergency ing information as to all of its may be taken if deemed desirable measure and, provided it receives health care insurance plans: by the Commissioner of Purchases the affirmative vote of two-thirds of (1) the amount of employee con- and Supplies until provision is made all the members elected to Council, tribution to the health care plan; for the requirements for the entire it shall take effect and be in force and year. immediately upon its passage and (2) the amount of any deductible; Section 2. That the cost of said approval by the Mayor; otherwise it and contract shall be charged against shall take effect and be in force (3) the amount of any copay- the proper appropriation account from and after the earliest period ments; and and the Director of Finance shall allowed by law. (4) whether dental insurance is certify thereon the amount of the Passed January 29, 2001. provided; and initial purchase thereunder, which Effective February 1, 2001. (5) the range of services covered. purchase, together with all subse- (d) Health care insurance is rea- quent purchases, shall be made on sonable if the health care insurance order of the Commissioner of Pur- offered is comparable or superior to chases and Supplies pursuant to a Ord. No. 2265-2000. that offered by the City of Cleve- requisition against such contract By Councilmen Patmon and Lewis land to its employees with respect duly certified by the Director of (by departmental request). to all of the following factors: Finance. (RL 34411) An emergency ordinance to sup- (1) the amount of employee con- Section 3. That this ordinance is plement the Codified Ordinances of tribution to the health care plan; hereby declared to be an emergency Cleveland, Ohio, 1976, be enacting and measure and, provided it receives new Section 189.031 thereof, relating (2) the amount of any deductible; the affirmative vote of two-thirds of to health care insurance preference. and all the members elected to Council, Whereas, Council passed Ordi- (3) the amount of any copay- it shall take effect and be in force nance No. 2009-A-99 on June 19, 2000 ments; and immediately upon its passage and enacting Chapter 189 of the Codified (4) whether dental insurance is approval by the Mayor; otherwise it Ordinances, known as the Cleveland provided; and shall take effect and be in force Fair Employment Law; and (5) the range of services covered. from and after the earliest period Whereas, newly enacted Codified Section 2. That this ordinance is allowed by law. Ordinance 189.02(d)(1)(A) directs hereby declared to be an emergency Passed January 29, 2001. the Division of Purchases and Sup- measure and, provided it receives Effective February 1, 2001. plies to promulgate regulations for the affirmative vote of two-thirds of the evaluation of bids and proposals all the members elected to Council, that provide for meaningful consid- it shall take effect and be in force eration of the offering of reasonably immediately upon its passage and Ord. No. 2210-2000. health care insurance in determin- approval by the Mayor; otherwise it By Councilmen Polensek and Pat- ing the lowest and best or lowest shall take effect and be in force mon (by departmental request). responsible bid; and from and after the earliest period An emergency ordinance authoriz- Whereas, newly enacted Codified allowed by law. ing the purchase by requirement Ordinance 189.02(d)(1)(A) requires Passed January 29, 2001. contract of traffic signals, poles, that the regulations be reviewed Effective February 1, 2001. controllers, sign blanks, reflective and approved by the Council; and sheeting and other related materi- Whereas, the Division of Purchas- als, for the Division of Traffic Engi- es and Supplies through the Direc- neering and Parking, Department of tor of Finance submits these pro- Ord. No. 2267-2000. Public Safety. posed regulations regarding bids, By Councilman Cintron (by re- Whereas, this ordinance consti- proposals and health care insurance quest). tutes an emergency measure provid- to the Council; and An emergency ordinance authoriz- ing for the usual daily operation of Whereas, this ordinance consti- ing the Director of Public Service to a municipal department; now, there- tutes an emergency measure provid- issue a permit to Stonebridge Build- fore, ing for the usual daily operation of ing and Design, Inc. for Phase II Be it ordained by the Council of a municipal department; now, there- Stonebridge Apartments Project for the City of Cleveland: fore, architectural, aerial and streetscape Section 1. That the Director of Be it ordained by the Council of encroachments into the right-of-way Public Safety is hereby authorized the City of Cleveland: of Detroit Avenue and the Superior to make a written requirement con- Section 1. That the Codified Ordi- Viaduct. tract in accordance with the Charter nances of Cleveland, Ohio, 1976, are Whereas, this ordinance consti- and the Codified Ordinances of hereby supplemented by enacting tutes an emergency measure provid- Cleveland, Ohio, 1976, for the re- Section 189.031, to read as follows: ing for the usual daily operation of quirements for the period of one a municipal department; now, there- year for the necessary items of traf- Section 189.031 Health Care Insur- fore, fic signals, poles, controllers, sign ance Preference Be it ordained by the Council of blanks, reflective sheeting and other (a) All bid specifications and the City of Cleveland: related materials in an amount not requests for proposals for Service Section 1. That the Director of Pub- to exceed $300,000 to be purchased Contracts shall request the bidder to lic Service hereby is authorized to by the Commissioner of Purchases specify the information required in issue a permit, revocable at the will and Supplies upon a unit basis for the preceding section about the of Council, and assignable by the the Division of Traffic Engineering health care insurance offered to its Permittee with the written consent and Parking, Department of Public Covered Employees who work thir- of the Director of Public Service to Safety. Bids shall be taken in such ty (30) or more hours a week. Stonebridge Building and Design, manner as to permit an award to be (b) In evaluating bids or propos- Inc. for the Phase II Stonebridge made for all items as a single con- als for a Service Contract, the Com- Apartments Project, its successors tract, or by separate contract for missioner of Purchases and Supplies and assigns, for the construction, use each or any combination of said or the Applicable Department may and maintenance of architectural, items as the Board of Control shall give preference to a prospective Ser- aerial and streetscape encroach- determine. Alternate bids for a peri- vice Contractor who provides rea- ments, which will encroach into the od less than a year may be taken if sonable health care insurance to its public right-of-way of Detroit Avenue deemed desirable by the Commis- Covered Employees who work thir- and the Superior Viaduct and are sioner of Purchases and Supplies ty (30) or more hours a week. If a more fully described as follows: until provision is made for the prospective Service Contractor can requirements for the entire year. demonstrate that it has offered rea- STONEBRIDGE APARTMENTS Section 2. That the cost of said sonable health care insurance to its PHASE II / FRONT / contract shall be charged against employees, but as a group the ENCROACHMENT AREA the proper appropriation account employees have refused the health Situated in the City of Cleveland, and the Director of Finance shall care insurance coverage, that County of Cuyahoga and the State certify thereon the amount of the prospective Service Contractor may of Ohio and known as being part of initial purchase thereunder, which be entitled to a preference. How- Detroit Avenue, width varies, and purchase, together with all subse- ever, no preference shall be given if being further described as follows: quent purchases, shall be made on the price bid for the Service Con- Beginning at the intersection of order of the Commissioner of Pur- tract exceeds by more than five per- the Northwesterly line of Detroit chases and Supplies pursuant to a cent (5%) the lowest price bid for Avenue, width varies, and the South- requisition against such contract the Service Contract. westerly line of Center Street, 66.00 193 40 The City Record February 7, 2001 feet wide, said point of beginning line of Superior Avenue Viaduct, a Section 3. That the cost of the being the most Easterly corner of distance of 25.00 feet to a point; improvements shall be paid from said Sublot No. 732 in the Buffalo Course No. 5: Thence North 49°-55'- Fund Nos. 20 SF 363 and 20 SF 372, Company’s Allotment of Part of Orig- 32" West along a Southwesterly line including an additional amount not inal Brooklyn Township Lot Nos. 51 of Superior Avenue Viaduct, a dis- to exceed $700,000, payable from and 70 as shown by the recorded plat tance of 1.50 feet to a point; Fund Nos. 52 SF 001, 52 SF 223, 52 in Volume 3 of Maps, Page 51 of Course No. 6: Thence South 40°- SF 225, 58 SF 213, 58 SF 217 and 58 Cuyahoga County Records; 04'-28" West along a Southeasterly SF 223. Request No. 20694. Thence South 30°-26'-21" West along line of the Superior Avenue Viaduct, Section 2. That existing Section 3 said Northwesterly line of Detroit a distance of 178.61 feet to the most of Ordinance No. 1117-2000, passed Avenue, a distance of 40.00 feet to Northerly corner of Parcel 1 of land October 16, 2000, is hereby repealed. the Principal Place of Beginning of conveyed to the Westbank Develop- Section 3. That this ordinance is the Encroachment herein described; ment Corporation by deed dated hereby declared to be an emergency Course No. 1: Thence South 59°- June 20, 1994 and recorded on Vol- measure and, provided it receives 33'-39" East, a distance of 10.00 feet ume 94-06036, Page 28 of Cuyahoga the affirmative vote of two-thirds of to a point; County Deed Records; all the members elected to Council, Course No. 2: Thence South 30°- Course No. 7: Thence North 49°-55'- it shall take effect and be in force 26'-21" West parallel to the North- 32" West a distance of 6.25 feet to immediately upon its passage and westerly line of said Detroit Avenue, a point; approval by the Mayor; otherwise it a distance of 79.59 feet to a point; Course No. 8: Thence North 40°-04'- shall take effect and be in force Course No. 3: Thence South 34°- 28" East parallel to the Southeast- from and after the earliest period 50'-55" West parallel to the North- erly line of said Superior Avenue allowed by law. westerly line of said Detroit Avenue, Viaduct, a distance of 253.01 feet to Passed January 29, 2001. a distance of 311.45 feet to a point; a point; Effective February 1, 2001. Course No. 4: Thence South 50°- Course No. 9: Thence North 29°-07'- 09'-05" East, a distance of 12.00 feet 58" East parallel to the Southeast- to a point; erly line of said Superior Avenue Course No. 5: Thence South 19°- Viaduct, a distance of 173.48 feet to Ord. No. 141-01. 50'-06" West, a distance of 46.00 feet the Northwesterly prolongation of By Councilman Cimperman. to a point; the Southwesterly line of said Cen- An emergency ordinance consent- Course No. 6: Thence North 50°-09'- ter Street; ing and approving the issuance of a 05" West, a distance of 34.00 feet to Course No. 10: Thence South 71°- permit for the Cleveland Rockers the Northwesterly line of said 13'-59" East along the said prolon- walk on June 10, 2001, sponsored by Detroit Avenue at the most Easter- gation of the Southwesterly line of the Cleveland Rockers and Hermes ly corner of Parcel 1 of land con- said Center Street, a distance of 6.35 Race Systems. veyed to Westbank Development feet to the place of beginning and Whereas, this ordinance consti- Corporation by deed dated June 20, containing 2,710 square feet of land tutes an emergency measure provid- 1994 and recorded in Volume 94- be the same more or less. ing for the usual daily operation of 06036, Page 28 of Cuyahoga County Section 2. That said Stonebridge a municipal department; now, there- Deed Records; Apartments Phase II encroachments fore, Course No. 7: Thence North 34°-50'- will be placed within the public Be it ordained by the Council of 55" East along the Northwesterly line right-of-way as aforesaid in Section the City of Cleveland: of said Detroit Avenue, a distance of 1., and will be constructed in accor- Section 1. That pursuant to Sec- 353.58 feet to an angle point therein; dance with plans and specifications tion 411.06 of the Codified Ordi- Course No. 8: Thence North 30°-26- approved by the Commissioner of nances of Cleveland, Ohio 1976, this 21" East along said Northwesterly Engineering and Construction. That Council consents to and approves line of Detroit Avenue, a distance of all other required permits, including the holding of a walk, sponsored by 79.21 feet to the place of beginning a Building Permit, shall be obtained the Cleveland Rockers and Hermes and containing 5,113 square feet of before said encroachments are con- Race Systems, on June 10, 2001, land be the same more or less. structed. starting on Ontario heading south- Section 3. That the permit herein erly to Hope Memorial Bridge to STONEBRIDGE APARTMENTS authorized shall be prepared by the West 25th Street to Veterans Memo- PHASE II / REAR / Director of Law and shall be issued rial Bridge to Huron to Ontario to ENCROACHMENT AREA only when, in the opinion of the finish in front of Jacobs Field Situated in the City of Cleveland, Director of Law, the City of Cleve- Plaza, provided that the applicant County of Cuyahoga and State of Ohio land has been properly indemnified sponsor shall meet all the require- and known as being part of the Supe- against any and all loss which may ments of Section 411.05 of the Codi- rior Avenue Viaduct, 80.00 feet wide, result from said permit. fied Ordinances of Cleveland, Ohio, and being further described as follows: Section 4. That this ordinance is 1976. Streets may be closed as deter- Beginning at the intersection of hereby declared to be an emergency mined by the Chief of Police and the Northwesterly line of Detroit measure and, provided it receives safety forces as may be necessary Avenue, width varies, and the South- the affirmative vote of two-thirds of in order to protect the participants westerly line of Center Street, 66.00 all the members elected to Council, in the event. Said permit shall fur- feet wide, said point of beginning it shall take effect and be in force ther provide that the City of Cleve- being the most Easterly corner of immediately upon its passage and land shall be fully indemnified from said Sublot No. 732 in the Buffalo approval by the Mayor; otherwise it any and all liability resulting from Company’s Allotment of part of Orig- shall take effect and be in force the issuance of the same, to the inal Brooklyn Township Lot Nos. 51 from and after the earliest period extent and in form satisfactory to and 70 as shown by the recorded plat allowed by law. the Director of Law. in Volume 3 of Maps, Page 51 of Passed January 29, 2001. Section 2. That this ordinance is Cuyahoga County Records; Effective February 1, 2001. hereby declared to be an emergency Thence North 71°-13'-59" West measure and, provided it receives along the Southwesterly line of said the affirmative vote of two-thirds of Center Street, a distance of 63.66 all the members elected to Council, feet to the Southeasterly line of the Ord. No. 2272-2000. it shall take effect and be in force Superior Avenue Viaduct, 80.00 feet By Councilmen White, Melena and immediately upon its passage and wide, and the Principal Place of Patmon (by departmental request). approval by the Mayor; otherwise it Beginning of the Encroachment An emergency ordinance to amend shall take effect and be in force herein described; Section 3 of Ordinance No. 1117-2000, from and after the earliest period Course No. 1: Thence South 29°- passed October 16, 2000, relating to allowed by law. 07'-58" West, along said Southeast- the public improvement of con- Passed January 29, 2001. erly line of the said Superior structing Phase IV improvements to Effective February 1, 2001. Avenue Viaduct, a distance of 175.22 the Mill Creek Housing Develop- feet to an angle point therein; ment Project. Course No. 2: Thence South 40°- Whereas, this ordinance consti- 04'-28" West continuing along the tutes an emergency measure provid- Ord. No. 142-01. Southeasterly line of said Superior ing for the usual daily operation of By Councilman Cimperman. Avenue Viaduct, a distance of 50.00 a municipal department; now, there- An emergency ordinance consent- feet to a point; fore, ing and approving the issuance of a Course No. 3: Thence South 49°- Be it ordained by the Council of permit for the 55'-32" East along a Northeasterly the City of Cleveland: Run/Qual Choice Race for Pennant line of the Superior Avenue Viaduct, Section 1. That Section 3 of Ordi- on April 1, 2001, sponsored by Her- a distance of 1.50 feet to a point; nance No. 1117-2000, passed October mes Race Systems. Course No. 4: Thence South 40°- 16, 2000, is hereby amended to read Whereas, this ordinance consti- 04'-28" West along a Southeasterly as follows: tutes an emergency measure provid- 194 February 7, 2001 The City Record 41 ing for the usual daily operation of that the applicant sponsor shall Ord. No. 145-01. a municipal department; now, there- meet all the requirements of Sec- By Councilmen Willis and Britt. fore, tion 411.05 of the Codified Ordi- An emergency ordinance consent- Be it ordained by the Council of nances of Cleveland, Ohio, 1976. ing and approving the issuance of a the City of Cleveland: Streets may be closed as deter- permit for a Relay Race, The Hud- Section 1. That pursuant to Sec- mined by the Chief of Police and son Relays, on Saturday, April 28, tion 411.06 of the Codified Ordi- safety forces as may be necessary 2001 sponsored by Case Western nances of Cleveland, Ohio 1976, this in order to protect the participants Reserve University. Council consents to and approves in the event. Said permit shall fur- Whereas, this ordinance consti- the holding of the Cleveland Indians ther provide that the City of Cleve- tutes an emergency measure provid- Run/Qual Choice Race for Pennant, land shall be fully indemnified ing for the usual daily operation of sponsored by Hermes Race Systems, from any and all liability resulting a municipal department; now, there- on April 1, 2001, starting on Ontario from the issuance of the same, to fore heading north to St. Clair, St. Clair the extent and in form satisfactory Be it ordained by the Council of east on East 6th Street, East 6th to the Director of Law. the City of Cleveland: Street north to Lakeside, Lakeside Section 2. That this ordinance is Section 1. That pursuant to Sec- to West 3rd Street, West 3rd Street hereby declared to be an emergency tion 411.06 of the Codified Ordi- north around Stadium site to East measure and, provided it receives nances of Cleveland, Ohio 1976, this 9th Street, East 9th Street south to the affirmative vote of two-thirds of Council consents to and approves Eagle, Eagle then west to finish in all the members elected to Council, the holding of a Relay Race, The front of Jacobs Field (Plaza), pro- it shall take effect and be in force Hudson Relays sponsored by Case vided that the applicant sponsor immediately upon its passage and Western Reserve University on shall meet all the requirements of approval by the Mayor; otherwise it April 28, 2001, beginning at “The Section 411.05 of the Codified Ordi- shall take effect and be in force Rock”, next to Fribley, near the bot- nances of Cleveland, Ohio, 1976. from and after the earliest period tom of the Elephant Stairs, in front Streets may be closed as determined allowed by law. of Carlton Commons, top of stairs, by the Chief of Police and safety Passed January 29, 2001. top of Edgehill at Overlook, in front forces as may be necessary in order Effective February 1, 2001. of the Greenhouse Restaurant, cor- to protect the participants in the ner of Euclid and Adelbert (runner event. Said permit shall further pro- must pass baton after crossing vide that the City of Cleveland shall Euclid, in front of ), be fully indemnified from any and Ord. No. 144-01. 25 mph sign on MLK directly before all liability resulting from the By Councilmen Melena and West- statue at Juniper, side driveway to Crawford Museum on E. 108th issuance of the same, to the extent brook. Street, Wade Park at corner of East and in form satisfactory to the An emergency ordinance consent- 115th Street, corner of Bellflower Director of Law. ing and approving the issuance of a and Ford Drive, back at “The Rock”, Section 2. That this ordinance is permit for the Run for the Roses 5K hereby declared to be an emergency PRESIDENT’S LAP IS LAST LAP Run on May 5, 2001, sponsored by ONLY! The last runner (President) measure and, provided it receives Hermes Race Systems. receives the baton at The Rock by the affirmative vote of two-thirds of Whereas, this ordinance consti- all the members elected to Council, Adelbert Hall and runs into the tutes an emergency measure provid- Quad up the Pardee side and around it shall take effect and be in force ing for the usual daily operation of immediately upon its passage and and back to The Rock down the a municipal department; now, there- Yost side. This will conclude the approval by the Mayor; otherwise it fore, shall take effect and be in force team’s official finish, provided that Be it ordained by the Council of the applicant sponsor shall meet all from and after the earliest period the City of Cleveland: the requirements of Section 411.05 of allowed by law. Section 1. That pursuant to Section the Codified Ordinances of Cleve- Passed January 29, 2001. 411.06 of the Codified Ordinances of land, Ohio, 1976. Streets may be Effective February 1, 2001. Cleveland, Ohio 1976, this Council closed as determined by the Chief of consents to and approves the holding Police and safety forces as may be of a 5K run, sponsored Hermes Race necessary in order to protect the Systems, on May 5, 2001, starting on participants in the event. Said per- Ord. No. 143-01. West 116th Street and Detroit. East mit shall further provide that the By Councilman Cimperman. on West 115th Street and north to City of Cleveland shall be fully An emergency ordinance consent- Edgewater, then Edgewater east to indemnified from any and all liabil- ing and approving the issuance of a Harborview, Harborview back to ity resulting from the issuance of permit for the St. Malachi Run (5 Edgewater, Edgewater east to West the same, to the extent and in form and 2 mile) on March 10, 2001, spon- Blvd., West Blvd. around Cliff Drive satisfactory to the Director of Law. sored by Hermes Race Systems. back to Edgewater, Edgewater west Section 2. That this ordinance is Whereas, this ordinance consti- to Harborview, Harborview back to hereby declared to be an emergency tutes an emergency measure provid- West 115th Street and back to church measure and, provided it receives ing for the usual daily operation of on West 116th Street and Detroit, pro- the affirmative vote of two-thirds of a municipal department; now, there- vided that the applicant sponsor shall all the members elected to Council, fore, it shall take effect and be in force Be it ordained by the Council of meet all the requirements of Section 411.05 of the Codified Ordinances of immediately upon its passage and the City of Cleveland: approval by the Mayor; otherwise, it Section 1. That pursuant to Sec- Cleveland, Ohio, 1976. Streets may be closed as determined by the Chief of shall take effect and be in force tion 411.06 of the Codified Ordi- from and after the earliest period Police and safety forces as may be nances of Cleveland, Ohio, 1976, this allowed by law. necessary in order to protect the par- Council consents to and approves Passed January 29, 2001. ticipants in the event. Said permit the holding of the St. Malachi Run Effective February 1, 2001. (5 and 2 mile), sponsored by Her- shall further provide that the City of mes Race Systems, on March 10, Cleveland shall be fully indemnified 2001, with the 5 mile run starting from any and all liability resulting on Main, heading north to Center, from the issuance of the same, to the REPRINT extent and in form satisfactory to the Center north to River Rd., River Ord. No. 2306-2000. Rd. to Elm, Elm south to Riverbed, Director of Law. Section 2. That this ordinance is By Councilmen O’Malley, Melena, Riverbed all the way to Carter, Cimperman, Lewis, Brady, Jones and hereby declared to be an emergency Carter to Scranton, Scranton to Patmon (by departmental request). measure and, provided it receives Train, Train Ave. west to Willey, An emergency ordinance to sup- Willey to Columbus, Columbus east the affirmative vote of two-thirds of plement the Codified Ordinances of to Riverbed. Once on Riverbed back all the members elected to Council, Cleveland, Ohio, 1976, by enacting to Elm then Elm to Winslow. Then it shall take effect and be in force new Sections 354.01 through 354.14 back to church for the finish for immediately upon its passage and thereof, relating to wireless tele- the 5 mile. The 2 mile run is as fol- approval by the Mayor; otherwise it communications facilities; and to lows, start on Main to Center, Cen- shall take effect and be in force amend Section 353.06 of said codified ter to Riverbed, Riverbed to Colum- from and after the earliest period ordinances, as amended by Ordi- bus, Columbus to Center, Center allowed by law. nance No 2035-93, passed September north to Winslow, Winslow to Passed January 29, 2001. 19, 1994, relating to exceptions to Washington to the finish, provided Effective February 1, 2001. height regulations. 195 42 The City Record February 7, 2001

Whereas, this ordinance consti- (b) Exemptions. The following ly, any associated equipment shelter tutes an emergency measure provid- structures are not subject to the pro- shall be capable of accommodating ing for the usual daily operation of visions of this chapter: three separate users or space shall a municipal department; now, there- (1) telecommunications equipment be reserved on the site for necessary fore, completely enclosed within a per- expansion. Furthermore, the owner Be it ordained by the Council of mitted building; and of any telecommunication facility the City of Cleveland: (2) an antenna mounted to a permitted as a conditional use under Section 1. That the Codified Ordi- building or other non-telecommuni- the provisions of this chapter shall nances of Cleveland, Ohio, 1976, are cations tower structure not more respond in writing within thirty hereby supplemented by enacting than fifteen (15) feet in height (30) days of receipt of a written new Sections 354.01 through 354.14 above the topmost element of the request for co-location made pur- thereof to read, respectively, as fol- building to which it is attached in suant to the requirement of division lows: a non-Residential District and not (a) of this section. more than ten (10) feet in height CHAPTER 354 above the topmost element of the Section 354.06 Tower Location and WIRELESS TELECOMMUNICATIONS building to which it is attached in Height FACILITIES a Residential District; (a) Location. A telecommunica- tions tower subject to the regula- Section 354.01 Purpose Section 354.04 Conditionally Per- tions of this chapter shall be locat- These regulations are established mitted Uses and Permitted Uses ed in only the following zoning dis- to ensure that outdoor telecommuni- (a) Conditionally Permitted Uses. tricts: General Retail, Shopping Cen- cations facilities will be developed The following uses shall be permit- ter, Semi-Industry, General Industry and maintained in a manner which ted only after approval by the City and Unrestricted Industry. No provides adequate telecommunica- Planning Commission, which shall telecommunications tower subject to tion services to the community determine whether the proposed use the regulations of this chapter shall while protecting the visual charac- complies with the applicable condi- be located in a Landmark District ter of the city’s neighborhoods and tions set forth in this chapter: or a public park. scenic areas. (1) a telecommunications tower (b) Setback from Residential or not exempted by Section 354.03; and Landmark District. No portion of a Section 354.02 Definitions (2) a telecommunications antenna telecommunication tower subject to For the purposes of this Chapter, structure which projects more than the regulations of this chapter shall the following terms shall have the fifteen (15) feet in height above the be located closer to a Residential topmost element of the building or District line or Landmark District meanings given in this section. other non-telecommunications tower line than a distance equal to three (a) “Telecommunications” means structure to which it is attached and times the height of the tower. all forms of wireless communication, which also exceeds the height limit (c) Setback from Non-Residential including, but not limited to voice established on the zoning map for Zoning Districts. No portion of a and data communications. buildings on the subject property. telecommunication tower subject to (b) “Telecommunications Anten- (b) Permitted Uses. All telecom- the regulations of this chapter shall na” means a device that transmits munications facilities not listed in be located closer than ten (10) feet and/or receives electromagnetic tele- division (a) of this section are per- to the lot line of an adjoining non- communications signals. mitted without City Planning Com- residential, non-Landmark zoning (c) “Telecommunications Antenna mission approval, except where such district. Structure” means a telecommunica- approval is required by other regu- (d) Setback from Street Lines. No tions antenna and any incidental lations of these codified ordinances. portion of a telecommunication supporting structures necessary to tower subject to the regulations of mount the antenna to a building, Section 354.05 Co-Location this chapter shall be located closer tower or other structure. (a) Co-Location Requirement. No than twenty-five (25) feet from a (d) “Telecommunications Tower” new telecommunications tower shall street right-of-way line. means a ground-mounted structure, be approved unless the applicant (e) Setback from Public Park. No other than a building, that is de- submits an affidavit attesting to the portion of a telecommunications signed for the sole purpose of sup- fact that placement of an anten- tower subject to the regulations of porting a telecommunications anten- na(s) on an existing tower, build- this chapter shall be located closer na . ing, utility pole or other existing to a public park than a distance (e) “Telecommunications Facility” structure, where permitted, is made equal to three times the height of means the antennas and ancillary infeasible by one or more of the fol- the tower. equipment and structures used in lowing conditions: (f) Distance from Public Airport. transmitting and/or receiving elec- (1) No existing towers or other No telecommunication tower subject tromagnetic telecommunication sig- suitable structures are located with- to the regulations of this chapter nals. in the geographic area requiring shall be located closer than two (2) (f) “Lattice Tower” means a tower service. miles from a public airport, mea- constructed of vertical metal struts (2) Existing towers or other struc- sured from the center of tower to and cross braces forming a square tures suitably located are not of suf- any border of the airport, unless or triangular structure which tapers ficient height or are not of suffi- closer proximity is permitted by the from the foundation. cient structural strength and cannot Board of Zoning Appeals based on (g) “Monopole Tower” means a be reasonably altered to meet the a recommendation by the Depart- tower constructed of a single, self- applicant’s engineering require- ment of Port Control. supporting metal tube, anchored to ments. (g) Impact on Scenic Vistas. No a foundation. (3) Co-location would cause elec- telecommunications tower shall be (h) “Co-location” means the shar- tromagnetic interference between so located as to impact adversely on ing of a single tower, building or the proposed and existing antennas scenic vistas, as determined by the other structure by two or more and that such interference cannot be City Planning Commission. telecommunications providers. prevented at reasonable cost. (h) Height. A telecommunication (i) “Topmost Element” means the (4) The applicant has made a rea- tower may exceed the height limit highest point on a building or other sonable offer to co-locate on one or established on the zoning map for ground-mounted structure, excluding more suitably located towers or the subject property if the tower existing telecommunications anten- other structures, but the owner of meets all other regulations of this na structures mounted on such such structure or structures or the chapter. building or structure. owner of the telecommunications (i) Spacing from Other Towers. A equipment thereon has refused per- new telecommunications tower that Section 354.03 Applicability and mission for co-location. exceeds the height limit established Exemptions (b) Accommodation of Co-Located on the zoning map shall be located (a) Applicability. No tower or Equipment. Any new telecommuni- no closer than three times the antenna structure, as defined in this cations tower shall be designed with height of the new tower from any chapter, shall be erected, enlarged sufficient structural loading capaci- existing tower. or extended without conformance to ty and height, or the capability of (j) Accessory Buildings. Any the provisions of this chapter, and being extended in height, to accom- building which is accessory to the other applicable regulations, as evi- modate at least three antennas or telecommunications tower shall not denced by the issuance of a Build- antenna array platforms of equal exceed fifteen (15) feet in height ing Permit by the Commissioner of loading capacity for use by three and shall be set back at least twen- Building and Housing. separate service providers. Similar- ty-five (25) feet from any street 196 February 7, 2001 The City Record 43 right-of-way line and at least fifty and placed so as to blend in with telecommunications facility shall be (50) feet from any Residential zon- the appearance of the structure to maintained in good condition and in ing district line. which it is attached or to be other- safe working order. On each bienni- (k) Guy Wires. Any guy wires wise screened or obscured from al anniversary of the issuance of the supporting towers shall be anchored view from public streets and adjoin- Certificate of Occupancy for a behind the security fence surround- ing properties to the maximum telecommunications tower, or not ing the tower. extent possible. Such design shall be more than ninety (90) days prior to as approved by the City Planning that date, the permit holder for such Section 354.07 Tower Design and Commission, where installation of tower shall submit to the Commis- Lighting the antenna is subject to the Com- sioner of Building and Housing an (a) Li g h t i n g . Te l e c o m m u n i c a t i o n s mission’s approval. affidavit that verifies continued towers shall not be illuminated ex- (d) Accessory Equipment. Equip- operation of the telecommunications cept as required by the Federal Avi- ment that is accessory to a telecom- use and compliance with all require- ation Administration or other applic- munications antenna shall be locat- ments of this chapter and other able authority or by the provisions of ed within the subject building or applicable governmental regulations. Chapter 633 of these Codified Ordi- structure or shall be placed so as (b) Abandonment. nances. If lighting is required, a not to be visible from adjoining pub- (1) Performance Bond. At all design that minimizes disturbances lic streets, unless the City Planning times the permit holder shall main- to nearby residences shall be utilized. Commission determines that such tain a performance bond sufficient (b) Structural Design. Telecom- screening is not necessary in a par- to cover the demolition and removal munications towers shall be de- ticular instance. of the telecommunications facility. signed to meet all requirements of Such bond shall be sufficient to the Building Code of the City of Section 354.09 Fencing and Land- guarantee full and faithful perfor- Cleveland and all applicable state scaping mance of the requirements of this and federal regulations. (a) Security Fence. The base of chapter and shall be satisfactory to (c) Aesthetic Design. Telecommu- any ground-mounted telecommunica- the Commissioner of Building and nications towers shall be designed tions tower shall be completely Housing and the Director of Law. in a manner that makes them as enclosed by a fence or wall not less On each biennial anniversary of the unobtrusive as possible, while meet- than six (6) feet and not more than issuance of the Certificate of Occu- ing safety requirements. To this eight (8) feet in height. Such fence pancy for a telecommunications end, tower design shall be monopole or wall shall be set back at least tower, or not more than ninety (90) rather than lattice, wherever feasi- ten (10) feet from all property lines. days prior to that date, the permit ble. With respect to color, towers, if Any fence or wall located within holder shall provide to the Commis- painted, shall be light gray or off- twenty-five (25) feet of a street sioner of Building and Housing white in order to blend in with the right-of-way shall be either a proof that the performance bond sky and clouds, unless other colors wrought iron-style or black vinyl- requirements of this section are met. are required by federal regulations coated chain link fence or a deco- (2) Notice. Not less than thirty or the provisions of Chapter 633 of rative masonry wall. Barbed wire (30) days after abandoning or dis- these Codified Ordinances or unless may be used if permitted by the reg- continuing operation of a telecom- another color is approved by the ulations of Chapter 358 of this code. munications facility, the permit City Planning Commission as being (b) Landscaping Location. A land- holder shall send written notice of more effective in a particular scape strip meeting the standards this fact to the Commissioner of instance. The City Planning Com- established in division (c) of this Building and Housing. mission shall work with applicants section shall be placed along the (3) Removal. If use of a telecom- to identify any other design tech- outside of the entire perimeter of munications facility has been dis- niques that can be used in reducing the security fence, except that the continued for 180 consecutive days, the visual prominence of telecom- City Planning Commission may the facility shall be deemed aban- munication towers. alter the required location when it doned. Within ninety (90) days of (d) Signs. No signs shall be locat- determines that another location abandonment, the permit holder or ed on or around a telecommunica- would be more effective and may other responsible party shall remove tions tower except for necessary waive the requirement for any par- the abandoned tower, antenna, and warning signs located at or near ticular location where it determines any accessory structures, and shall ground level. that the landscaping would not be restore the site to an attractive land- (e) Accessory Buildings. Any visible from adjacent parcels or pub- scaped condition. If such actions are building accessory to a telecommu- lic streets or, otherwise, by members not taken, the City may cause the nications tower shall be faced with of the general public. removal of all facilities at the brick, stone, wood, decorative block, (c) Landscaping Requirement. expense of the permit holder or fiberglass or metal, as approved by The landscape strip required in divi- other responsible party. the City Planning Commission to sion (b) of this section shall be a ensure that the design of such build- minimum of ten (10) feet in width Section 354.12 Application and ing is compatible with its environs. and shall include, at a minimum, Approval Process evergreen trees or shrubs, at least (a) Submission of Application. An Section 354.08 Antenna Location, six (6) feet in height, spaced at application to construct or alter a Height and Design maximum intervals of eight (8) feet. telecommunications facility subject The regulations of this section The landscape requirements may be to the regulations of this chapter shall govern the location, height varied by the City Planning Com- shall be submitted to the Division of and design of any telecommunica- mission in order to address particu- Building and Housing as part of a tions antenna and antenna struc- lar site conditions. Building Permit application. ture, subject to the provisions of (b) Determination of Compliance. this chapter, attached to a building Section 354.10 Existing Noncon- The Division of Building and Hous- or structure other than a telecom- forming Towers ing shall determine if the applica- munications tower. A telecommunications tower law- tion conforms to requirements of (a) Location by Zoning District. A fully existing on the effective date this chapter and other applicable telecommunications antenna may be of this chapter or any amendment regulations of the City of Cleveland, located in any zoning district other thereto may be continued in accor- except for those provisions that than a One-Family, Two-Family or dance with the regulations of Sec- require a determination by the City Townhouse Residential District, tion 359.01 of this code even if such Planning Commission. except as permitted by the Board of tower does not conform to the pro- (c) Referral to Public Utilities. Zoning Appeals in accordance with visions of this chapter, but such The Division of Building and Hous- the provisions of Section 354.14 tower shall not be made more non- ing shall refer all applications gov- regarding special exceptions. conforming unless the alteration is erned by this chapter to the Office (b) Height. A telecommunications approved by the Board of Zoning of Radio Communications of the antenna or antenna structure may Appeals in accordance with the pro- Department of Public Utilities for exceed the height limit established visions of Section 354.14 of this review and approval. The Office of on the zoning map for buildings on chapter. Radio Communications shall review the subject property, but such anten- the application with respect to any na or antenna structure shall not Section 354.11 Maintenance and issues relating to the technical exceed the height limit by more Abandonment expertise of that office. No Building than twenty (20) feet. (a) Maintenance and Monitoring. Permit shall be issued without the (c) Design. A telecommunications All buildings, structures, fences, and approval of the Office of Radio Com- antenna structure shall be designed property used in connection with a munications. 197 44 The City Record February 7, 2001

(d) Referral to City Planning tures and landscaping shown on the and showing the projection of the Commission. For proposals subject required site plan, indicating the antenna from the structure, marked to approval by the City Planning height, color and materials of the with all necessary dimensions. Commission as conditionally permit- tower and all proposed fencing and (2) a color photograph of the ted uses, under Section 354.04, the other structures. building or structure to which the Division of Building and Housing (3) a lighting plan for the pro- proposed antenna will be attached, shall refer the application to the posed tower, indicating the location, with the proposed antenna superim- City Planning Commission for color and intensity of the lighting, posed onto such photograph. review and approval. both as it will appear in daylight (e) City Planning Commission and at night, and indicating any Section 354.14 Special Exceptions Action. The City Planning Commis- mechanisms to prevent glare on and Appeals sion shall review any application adjacent properties and streets and (a) Special Exceptions. Subse- subject to conditional approval and to shield the lighting from resi- quent to providing public notice in shall determine whether the propos- dences, to the maximum extent fea- accordance with the provisions of al meets all applicable standards sible. division (f) of Section 354.12, the established in this chapter to ensure (4) a vicinity map showing the Board of Zoning Appeals may ap- proper design and compatibility subject property and the proposed prove an application to install a with surrounding uses. The Com- tower and fencing in the context of telecommunications tower or anten- mission shall take action on the all property located within a dis- na structure that does not meet the application at a public meeting, sub- tance from the tower equal to three regulations of this chapter if the sequent to providing public notice, times the height of the tower, show- Board determines that all of the fol- as provided in division (f) of this ing within this area, all streets and lowing conditions apply. section. The Commission may existing buildings and significant (1) The literal application of the require modifications to the propos- structures and indicating the resi- regulations of this chapter in a par- al as a condition of approval. The dential use of any buildings and any ticular instance will prevent ade- Commission may disapprove an property zoned in Residential or quate provision of wireless commu- application if it determines that the Landmarks Districts, such map nications service, and no conforming proposed location does not meet the being marked with topographic con- alternative is technically feasible. standards set forth in this chapter tours at five-foot intervals. (2) The proposed installation will and that a suitable alternative loca- (5) color photographs showing not be contrary to the stated pur- tion is available. No Building Per- the current view of the tower site pose of the regulations of this chap- mit shall be issued without the from any adjoining public street or ter. approval of the City Planning Com- any other street within 200 feet of (3) Specifically, in the case of a mission for an application subject to the proposed tower and from the telecommunications tower proposed conditional approval. closest groupings of residential to be placed in a Residential Dis- (f) Notice Requirements. buildings located within an area trict, the subject parcel is not occu- (1) Upon receipt of an application, from the proposed tower equal to pied by residential uses and is not the Commissioner of Building and three (3) times the height of the likely to occupied by residential Housing shall notify any Coun- proposed tower, plus a second set uses in the foreseeable future. cilmember who represents the ward of color photographs showing the (4) Specifically, in the case of a in which the proposed tower is to be same views with the proposed telecommunications antenna pro- located, the Department of Port Con- tower superimposed onto the pho- posed to be placed in a Residential trol, the Department of Public Safe- t o g r a p h s . District on a building or structure ty and the Office of Radio Commu- (6) a map showing all existing other than a telecommunications nications of the Department of Pub- telecommunications towers and all tower, such building or structure is lic Utilities. buildings and structures exceeding a not a residence and is not (2) Prior to taking action on a one hundred (100) feet in height designed for residential occupancy. ground-mounted telecommunications located within one (1) mile of the (5) Specifically, in the case of the tower application subject to condi- proposed tower, with such map alteration of an existing telecom- tional approval, the City Planning being accompanied by documenta- munications tower, including the Commission shall mail notices de- tion, in accordance with the provi- addition of an antenna or antennas, scribing the proposal to all proper- sions of Section 354.05, demonstrat- the proposed alteration will not be ty owners located within a distance ing that the applicant has investi- detrimental to residential areas and of the proposed tower equal to three gated all opportunities for co-loca- will result in public benefits such as times the height of the tower. Such tion or alternative location and has reducing the need for additional notice shall be sent by first-class determined that such co-location or telecommunications towers in the mail or an equivalent method at alternative location is infeasible or vicinity or improving the appear- least ten (10) calendars prior to the that the owner of any such structure ance or safety of the existing tower date of the public meeting. The or attached telecommunications and its site. (b) A p p e a l s . Any decision of the Commission shall also provide equipment has refused a reasonable City Planning Commission or an notice in the same time frame to the offer for co-location. administrative official made pur- any Councilmember who represents (7) A statement indicating the suant to the provisions of this an area in which notices are to be estimated construction cost of the chapter may be appealed to the mailed to property owners. telecommunications tower and a Board of Zoning Appeals, in accor- statement indicating the estimated dance with the provisions of Chap- Section 354.13 Contents of Appli- cost for demolition and removal of ter 329. cation the telecommunications tower. Section 2. That Section 353.06 of All applications subject to the pro- (8) A performance bond sufficient the Codified Ordinances of Cleve- visions of this chapter shall be to cover the estimated demolition land, Ohio, 1976, as amended by accompanied by the following infor- and removal of the telecommunica- Ordinance No. 2035-93, passed Sep- mation, as applicable, in addition to tions tower. tember 19, 1994, is hereby amended information required for all Build- (b) Telecommunications Anten - to read as follows: ing Permit applications. nas. The following information shall (a) Telecommunications Towers. be submitted with an application for Section 353.06 Exceptions to The following information shall be a telecommunications antenna struc- Height Regulations submitted with an application for a ture proposed to be attached to an (a) T o w e r s . For towers attached telecommunications tower permitted existing building or other structure, to the ground or mounted on a conditionally under the provisions of and permitted conditionally under building, except for roof structures Section 354.04. the provisions of Section 354.04 or as defined in the Ohio Basic Build- (1) a site plan of the subject prop- otherwise subject to approval by the ing Code and as regulated in divi- erty showing adjoining streets, the City Planning Commission or Land- sion (b) of this section, the maxi- proposed tower and any proposed marks Commission. mum height specified in Section and existing buildings, fencing, (1) an elevation drawing of the 353.02 may be exceeded, provided structures, landscaping, driveways, building or structure to which the t h a t : parking, and curb cuts on the sub- proposed antenna will be attached, (1) the area of the tower’s hori- ject property, including specifica- showing the placement of the anten- zontal cross section above the tions for all proposed landscaping. na and indicating the color of the height limit does not exceed twen- (2) an elevation drawing showing antenna in relation to the color of the ty-five percent (25%) of the lot area the proposed tower and all struc- surface to which it will be attached excluding all required yard area; 198 February 7, 2001 The City Record 45

(2) the tower is not nearer to any landing field is specifically permit- COUNCIL COMMITTEE lot lines at the height limit than 25 ted by the Board of Zoning Ap- MEETINGS feet; p e a l s . (3) the tower is located no closer (c) Exemptions. No provision of to a public airport or landing field this section shall apply to any tower Monday, February 5, 2001 than one mile, unless closer prox- regulated by Chapter 354. Employment, Affirmative Action imity is specifically permitted by Section 3. That existing Section and Training Committee: 11:00 the Board of Zoning Appeals, based 353.06 of the Codified Ordinances of a.m.—Present: White, Chairman; on recommendations provided by the Cleveland, Ohio, 1976, as amended Lewis, Vice Chairman; Cintron, Department of Port Control. by Ordinance No. 2035-93, passed Coats, Gordon, Jones. Excused: John- (b) Roof Structures. In any September 19, 1994, is hereby re- son. height district, stairway and eleva- p e a l e d . tor or ventilating equipment pent- Section 4. That this ordinance is Finance Committee: 2:00 p.m.— houses, and penthouses for similar hereby declared to be an emergency Present: Patmon, Chairman; Rybka, purposes; water tanks, cooling tow- measure and, provided it receives Vice Chairman; Britt, Cintron, ers, ornamental towers, scenery the affirmative vote of two-thirds of Lewis, Melena, O’Malley, Polensek, lofts, poles, chimneys or other nec- all the members elected to Council, Sweeney, White. Excused: Dolan. essary appurtenances, when erected it shall take effect and be in force upon and as an integral part of the immediately upon its passage and Wednesday, February 7, 2001 building, may be erected or extend- approval by the Mayor; otherwise it ed above the maximum height spec- shall take effect and be in force Public Safety Committee: 1:00 p.m.— ified in Section 353.02 if such build- from and after the earliest period Present: O’Malley, Chairman; Britt, ing is more than one mile from a allowed by law. Coats, Dolan, Melena, Polensek, West- public airport or landing field, or if Passed January 22, 2001. brook, Willis. Excused: Patmon, Vice closer proximity to such airport or Effective January 31, 2001. Ch a i r m a n .

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

Appropriations

Appropriations — expenses of City of Cleveland — 2001 (O 138-01) ...... 158

Banners

Near West Theater — ten (10) banners (O 2268-2000) ...... 183

Board of Control - City Hall

City Hall Cafeteria - amend BOC Res. 35-01 - Dept. of Parks, Recreation and Properties (BOC Res. 66-01) ...... 186

Board of Control - Community Development Department

Thurman Street, 2508 (Ward 13) - PPN 004-17-140 - to Jacqueline Angela Rivera and Heriberto Rivera (BOC Res. 64-01) ...... 186 West 11th Street, 4659 (Ward 15) - PPN 010-18-023 - to Mario T. Gallo and Donna Gallo (BOC Res. 62-01)...... 186 West 85th Street, 2171 (Ward 17) - PPN 006-02-147 - to Efrain Rivera and Nilda Rivera (BOC Res. 63-01) ...... 186

Board of Control - Convention Center and Stadium Division

City Hall Cafeteria - amend BOC Res. 35-01 - Dept. of Parks, Recreation and Properties (BOC Res. 66-01) ...... 186

Board of Control - Finance Department

Gases, commercial - pursuant to Ord. 1862-2000 - all bids rejected - Dept. of Finance (BOC Res. 47-01) ...... 183 Mechanical shelving system - pursuant to Ord. 1196-2000 - all bids rejected - Dept. of Finance (BOC Res. 48-01) ...... 183

Board of Control - Fire Division

Equipment, grounds maintenance - contract pursuant to Ord. 1005-2000 to T & S Mower Service, Inc. - Division of Fire, Dept. of Public Safety (BOC Res. 57-01) ...... 185 Equipment, grounds maintenance - contract pursuant to Ord. 1005-2000 to North Coast Distributing, Inc. - Division of Fire, Dept. of Public Safety (BOC Res. 61-01)...... 185 199 46 The City Record February 7, 2001

Board of Control - Land Reutilization Program

Thurman Street, 2508 (Ward 13) - PPN 004-17-140 - to Jacqueline Angela Rivera and Heriberto Rivera (BOC Res. 64-01) ...... 186 West 11th Street, 4659 (Ward 15) - PPN 010-18-023 - to Mario T. Gallo and Donna Gallo (BOC Res. 62-01)...... 186 West 85th Street, 2171 (Ward 17) - PPN 006-02-147 - to Efrain Rivera and Nilda Rivera (BOC Res. 63-01) ...... 186

Board of Control - Land Reutilization Program (Ward 13)

Thurman Street, 2508 (Ward 13) - PPN 004-17-140 - to Jacqueline Angela Rivera and Heriberto Rivera (BOC Res. 64-01) ...... 186

Board of Control - Land Reutilization Program (Ward 15)

West 11th Street, 4659 (Ward 15) - PPN 010-18-023 - to Mario T. Gallo and Donna Gallo (BOC Res. 62-01)...... 186

Board of Control - Land Reutilization Program (Ward 17)

West 85th Street, 2171 (Ward 17) - PPN 006-02-147 - to Efrain Rivera and Nilda Rivera (BOC Res. 63-01) ...... 186

Board of Control - Motor Vehicle Maintenance Division

Buses, passenger - contract pursuant to Ord. 1685-2000 to Myers Equipment Corp. - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 56-01) ...... 184 Vans, step - contract pursuant to Ord. 1685-2000 to Valley Ford Truck Sales, Inc. - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 55-01) ...... 184

Board of Control - Nottingham Water Works Plant

Nottingham Water Works blower building/guardhouse project - contract pursuant to Ord. 818-2000 to Ohio Diversified Services, Inc. - Division of Water, Dept. of Public Utilities (BOC Res. 51-01)...... 184 Nottingham Water Works plant filter rehabilitation - contract pursuant to Ord. 818-2000 to Shook/Kokosing, LLC - Division of Water, Dept. of Public Utilities (BOC Res. 50-01) ...... 184

Board of Control - Parks, Recreation and Properties Department

City Hall Cafeteria - amend BOC Res. 35-01 - Dept. of Parks, Recreation and Properties (BOC Res. 66-01) ...... 186

Board of Control - Police Division

Uniform clothing supplies - contract pursuant to C.O. Sec. 135.06 to Schwarz Uniform Corp. - Division of Police, Dept. of Public Safety (BOC Res. 58-01)...... 185 Uniform clothing supplies - contract pursuant to C.O. Sec. 135.06 to Standard Law Enforcement Supply Company - Division of Police, Dept. of Public Safety (BOC Res. 59-01) ...... 185 Uniform clothing supplies - contract pursuant to C.O. Sec. 135.06 to Atwell’s Police and Fire Equipment Company - Division of Police, Dept. of Public Safety (BOC Res. 60-01) ...... 185 Uniforms - pursuant to C.O. Sec. 135.06 - bids rejected - Division of Police, Dept. of Public Safety (BOC Res. 65-01) ...... 186

Board of Control - Professional Service Contracts

City Hall Cafeteria - amend BOC Res. 35-01 - Dept. of Parks, Recreation and Properties (BOC Res. 66-01) ...... 186

Board of Control - Public Improvement Contracts

Nottingham Water Works blower building/guardhouse project - contract pursuant to Ord. 818-2000 to Ohio Diversified Services, Inc. - Division of Water, Dept. of Public Utilities (BOC Res. 51-01)...... 184 Nottingham Water Works plant filter rehabilitation - contract pursuant to Ord. 818-2000 to Shook/Kokosing, LLC - Division of Water, Dept. of Public Utilities (BOC Res. 50-01) ...... 184 200 February 7, 2001 The City Record 47

Board of Control - Public Safety Department

Equipment, grounds maintenance - contract pursuant to Ord. 1005-2000 to T & S Mower Service, Inc. - Division of Fire, Dept. of Public Safety (BOC Res. 57-01) ...... 185 Equipment, grounds maintenance - contract pursuant to Ord. 1005-2000 to North Coast Distributing, Inc. - Division of Fire, Dept. of Public Safety (BOC Res. 61-01)...... 185 Uniform clothing supplies - contract pursuant to C.O. Sec. 135.06 to Schwarz Uniform Corp. - Division of Police, Dept. of Public Safety (BOC Res. 58-01) ...... 185 Uniform clothing supplies - contract pursuant to C.O. Sec. 135.06 to Standard Law Enforcement Supply Company - Division of Police, Dept. of Public Safety (BOC Res. 59-01) ...... 185 Uniform clothing supplies - contract pursuant to C.O. Sec. 135.06 to Atwell’s Police and Fire Equipment Company - Division of Police, Dept. of Public Safety (BOC Res. 60-01) ...... 185 Uniforms - pursuant to C.O. Sec. 135.06 - bids rejected - Division of Police, Dept. of Public Safety (BOC Res. 65-01) ...... 186

Board of Control - Public Service Department

Buses, passenger - contract pursuant to Ord. 1685-2000 to Myers Equipment Corp. - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 56-01) ...... 184 Vans, step - contract pursuant to Ord. 1685-2000 to Valley Ford Truck Sales, Inc. - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 55-01) ...... 184

Board of Control - Public Utilities Department

Biological and chemical testing apparatus and appurtenances, maintenance and calibration of - pursuant to C.O. Sec. 129.28 - all bids rejected - Division of Water, Dept. of Public Utilities (BOC Res. 52-01)...... 184 Carbon, powdered activated - pursuant to C.O. Sec. 129.28 - all bids rejected - Division of Water, Dept. of Public Utilities (BOC Res. 49-01) ...... 183 Nottingham Water Works blower building/guardhouse project - contract pursuant to Ord. 818-2000 to Ohio Diversified Services, Inc. - Division of Water, Dept. of Public Utilities (BOC Res. 51-01)...... 184 Nottingham Water Works plant filter rehabilitation - contract pursuant to Ord. 818-2000 to Shook/Kokosing, LLC - Division of Water, Dept. of Public Utilities (BOC Res. 50-01) ...... 184 Ring and pinion gear fabrication- amend BOC Res. 774-00 - Division of Water, Dept. of Public Utilities (BOC Res. 54-01) ...... 184 Ring and pinion gear fabrication- amend BOC Res. 775-00 - Division of Water, Dept. of Public Utilities (BOC Res. 53-01) ...... 184

Board of Control - Requirement Contracts

Buses, passenger - contract pursuant to Ord. 1685-2000 to Myers Equipment Corp. - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 56-01) ...... 184 Equipment, grounds maintenance - contract pursuant to Ord. 1005-2000 to T & S Mower Service, Inc. - Division of Fire, Dept. of Public Safety (BOC Res. 57-01) ...... 185 Equipment, grounds maintenance - contract pursuant to Ord. 1005-2000 to North Coast Distributing, Inc. - Division of Fire, Dept. of Public Safety (BOC Res. 61-01)...... 185 Ring and pinion gear fabrication- amend BOC Res. 774-00 - Division of Water, Dept. of Public Utilities (BOC Res. 54-01) ...... 184 Ring and pinion gear fabrication- amend BOC Res. 775-00 - Division of Water, Dept. of Public Utilities (BOC Res. 53-01) ...... 184 Uniform clothing supplies - contract pursuant to C.O. Sec. 135.06 to Schwarz Uniform Corp. - Division of Police, Dept. of Public Safety (BOC Res. 58-01) ...... 185 Uniform clothing supplies - contract pursuant to C.O. Sec. 135.06 to Standard Law Enforcement Supply Company - Division of Police, Dept. of Public Safety (BOC Res. 59-01) ...... 185 Uniform clothing supplies - contract pursuant to C.O. Sec. 135.06 to Atwell’s Police and Fire Equipment Company - Division of Police, Dept. of Public Safety (BOC Res. 60-01) ...... 185 Vans, step - contract pursuant to Ord. 1685-2000 to Valley Ford Truck Sales, Inc. - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 55-01) ...... 184

Board of Control - Water Division

Biological and chemical testing apparatus and appurtenances, maintenance and calibration of - pursuant to C.O. Sec. 129.28 - all bids rejected - Division of Water, Dept. of Public Utilities (BOC Res. 52-01)...... 184 Carbon, powdered activated - pursuant to C.O. Sec. 129.28 - all bids rejected - Division of Water, Dept. of Public Utilities (BOC Res. 49-01) ...... 183 Nottingham Water Works blower building/guardhouse project - contract pursuant to Ord. 818-2000 to Ohio Diversified Services, Inc. - Division of Water, Dept. of Public Utilities (BOC Res. 51-01)...... 184 201 48 The City Record February 7, 2001

Nottingham Water Works plant filter rehabilitation - contract pursuant to Ord. 818-2000 to Shook/Kokosing, LLC - Division of Water, Dept. of Public Utilities (BOC Res. 50-01) ...... 184 Ring and pinion gear fabrication- amend BOC Res. 774-00 - Division of Water, Dept. of Public Utilities (BOC Res. 54-01) ...... 184 Ring and pinion gear fabrication- amend BOC Res. 775-00 - Division of Water, Dept. of Public Utilities (BOC Res. 53-01) ...... 184

Board of Education

Woodland Avenue (now Larchmere Boulevard) — Land Reutilization Program — Cleveland Board of Education (O 2270-2000) ...... 183

Board of Zoning Appeals - Report

Detroit Avenue, 4423, (Ward 14) – Noshyh Henen, owner - appeal denied and adopted on 2/5/01 (Cal. 00-374) ...... 188 East 47th Street, 2700, (Ward 5) – S. Wilkoff & Sons Company, owner c/o James Wilkoff - appeal dismissed on 2/5/01 (Cal. 00-346) ...... 188 East 55th Street, 1208, (Ward 13) – North Coast Ferrous Supply, Inc., owner - appeal dismissed on 2/5/01 (Cal. 00-359)...... 188 East 63rd Street, 1847, (Ward 5) – East 63rd Real Estate Company Ltd., owner, c/o Albert Walcott - appeal heard on 2/5/01 (Cal. 00-379) ...... 187 East 86th Street, 3950, (Ward 2) – Broadway wrecking Company, Inc., owner, c/o Gerald Gerson - appeal dismissed on 2/5/01 (Cal. 00-368)...... 188 Euclid Avenue, 17608, (Ward 10) – PVA Circle of Homes, owner, c/o Tom Lewins - appeal heard on 2/5/01 (Cal. 00-338) ...... 187 Puritas Avenue, 14402, (Ward 20) – SSS Properties of Ohio Ltd., owners - appeal granted and adopted on 2/5/01 (Cal. 00-358) ...... 188 Ralph Avenue, 3302, (Ward 16) – Mary Franks, owner - appeal heard on 2/5/01 (Cal. 00-378) ...... 187 Ramona Boulevard, 9719, (Ward 4) – Damascus Missionary Baptist Church, owner, c/o Forest Reynolds, agent - appeal heard on 2/5/01 (Cal. 00-377)...... 187 South Waterloo Road, 17718, (Ward 11) – Clifford Senor, owner, and Alpha Metals, tenant, c/o Richard Taylor - appeal granted and adopted on 2/5/01 (Cal. 00-375)...... 188 West 33rd Street, 3277, (Ward 14) – Higinio Justiniano, Jr., owner - appeal postponed to 3/19/01 on 2/5/01 (Cal. 01-01) ...... 188 West 66th Street, 3556, (Ward 16) – Carla Speta, owner - appeal heard on 2/5/01 (Cal. 01-02)...... 187

Board of Zoning Appeals - Schedule

East 103rd Street, 635-677, (Ward 8) – Glenville Development Corporation, owner, c/o Chris Auvil, agent - appeal to be heard on 2/20/01 (Cal. 01-22) ...... 187 East 95th Street, 2309, (Ward 6) – Deborah Armstead, owner - appeal to be heard on 2/20/01 (Cal. 01-11)...... 187 Quincy Avenue, 8109, (Ward 6) – Fairfax Renaissance Development Corporation, owner, c/o Vickie Eaton, Executive Director - appeal to be heard on 2/20/01 (Cal. 01-14) ...... 187 Sandusky Avenue, 10306, (Ward 2) – Willis Booker, owner - appeal to be heard on 2/20/01 (Cal. 01-09)...... 187 South Marginal Road, 6200, (Ward 13) – Cleveland Electric Illuminating Company, owner, c/o Martin Kukla, agent - appeal to be heard on 2/20/01 (Cal. 01-08)...... 187 West 12th Street, 4490, (Ward 15) – Joseph Passafiume, owner - appeal to be heard on 2/20/01 (Cal. 01-10) ...... 187

Budget

Appropriations — expenses of City of Cleveland — 2001 (O 138-01) ...... 158

City of Cleveland Bids

A/C unit for central control (FAA supplied), installation of - Department of Port Control - per Ord. 1289-97 - bid due March 1, 2001 (advertised 2/7/2001 and 2/14/2001) ...... 188 Commercial gases - Department of Finance - per Ord. 1862-2000 - bid due February 14, 2001 (advertised 1/31/2001 and 2/7/2001)...... 188 Ductline installation and/or repair - Department of Public Utilities - Division of Cleveland Public Power - per Ord. 746-2000 - bid due March 7, 2001 (advertised 2/7/2001 and 2/14/2001)...... 189 Erosion and Sediment Control Inspection, Certified Professional (RFQ WBS No. K521) - Department of Port Control - due February 26, 2001 (advertised 2/7/2001 and 2/14/2001)...... 189 Interim Measures Feasibility Studies (RFQ WBS No. K510) - Department of Port Control - due February 23, 2001 (advertised 2/7/2001 and 2/14/2001)...... 189 Mercedes Cotner Park site improvement - Department of Parks, Recreation and Properties - Division of Research, Planning and Development - per Ord. 894-99 - bid due February 14, 2001 (advertised 1/31/2001 and 2/7/2001) ...... 188 202 February 7, 2001 The City Record 49

PCB Oils and contaminated material testing and disposal - Department of Public Utilities - Division of Cleveland Public Power - per Ord. 1386-2000 - bid due February 21, 2001 (advertised 1/31/2001 and 2/7/2001) ...... 188 Powdered activated carbon - Department of Public Utilities - Division of Water - per C.O. Sec. 129.24 - bid due March 15, 2001 (advertised 2/7/2001 and 2/14/2001) ...... 189 Pump stations, labor and materials to repair / maintain - Department of Public Utilities - Division of Water Pollution Control - per Ord. 1959-2000 - bid due February 23, 2001(advertised 2/7/2001 and 2/14/2001) ...... 188 PVC conduit, fittings and accessories - Department of Public Utilities - Division of Cleveland Public Power - per C.O. Sec. 129.26 - bid due March 7, 2001 (advertised 2/7/2001 and 2/14/2001)...... 189 Security system and central control upgrade - Department of Port Control - per Ord. 1289-97 - bid due March 1, 2001 (advertised 2/7/2001 and 2/14/2001)...... 188 Trigger Plan Implementation Project (RFQ WBS No. K520) - Department of Port Control - due March 7, 2001(advertised 2/7/2001 and 2/14/2001) ...... 189 Winter jacket liners - Department of Public Utilities - Division of Cleveland Public Power - per Ord. 1676-2000 - bid due February 21, 2001 (advertised 1/31/2001 and 2/7/2001)...... 188

City Council

Civilian Conservation Corps — Council’s support — restore funding (R 180-01) ...... 170

City Planning Commission

Fence regulations — new Sections 358.01 to 358.07 — amend 337.23 and 357.13 — repeal Sections 325.221, 325.222, 325.223 and 629.06 (O 1811-2000)...... 174-177

Cleveland Hopkins International Airport

Runway signs — Standard Signs, Inc. — Cleveland Hopkins International Airport (O 75-01) ...... 176-T START-A-HEART, INCORPORATED — agreement — defibrillators (O 2262-2000) ...... 175-183

Cleveland Industrial Park

Block H of the Cleveland Industrial Park — sell City-owned property — JRM Chemical Inc. (O 2031-2000) ...... 174-180

Cleveland Municipal School District

Natural gas transportation services — contract — East Ohio Gas Company — contract jointly or separately — Cleveland Municipal School District — natural gas (O 173-01) ...... 168 Senate Athletic League — urge Cleveland School Board to review and revise schedule to permit athletic events during evening hours (R 185-01)...... 171

Cleveland Public Power

Water, sewer and gas line repair — Cleveland Public Power (O 2101-2000) ...... 192

Codified Ordinances

Fence regulations — new Sections 358.01 to 358.07 — amend 337.23 and 357.13 — repeal Sections 325.221, 325.222, 325.223 and 629.06 (O 1811-2000)...... 174-177 Health care insurance preference — new Section 189.031 (O 2265-2000)...... 193 Obstruction marking and lighting — amend Sections 633.01 and 633.02 — amend Sections 633.01 and 633.02 (O 2110-2000)...... 174-180 Wireless telecommunications facilities — new Secs. 354.01 through 354.15 — exeptions to height regulations — amend Sect. 353.06 (O 2306-2000) ...... 195-R

Communications

Adelphia — certificate of Insurance and Construction Bond (F 1729-2000A) ...... 158 Brady, Dona (Councilwoman Ward 19) — appointed — Housing Advisory Board (F 149-01) ...... 157 Decorative Bridge Lighting — maintenance — City of Cleveland (F 151-01) ...... 157 Performance Report — Comm. Dev. Block Grant Prog. — January 1 - December 31, 2000 (F 150-01) ...... 157 White, Robert J. III (Councilman Ward 2) — appointed — Fair Employment Wage Board (F 148-01) ...... 157 203 50 The City Record February 7, 2001

Community Development

A Cultural Exchange — after-school literacy project — 50 children in Ward 6 — Ward 6 Neighborhood Equity Funds (O 166-01) ...... 165 Additional neighborhood revitalization activities — First Amendment to Contract No. 56379 — Burten Bell Carr Development, Inc. (O 2114-2000) ...... 175-182 Detroit Shoreway Community Development Organization — safety, code enforcement and housing development activities — Ward 17 Neighborhood Equity Funds (O 183-01) ...... 171 East 105th Street, 1255 — rear of 1251 East 105th Street — Land Reutilization Program — Adrian Thompson (O 1877-2000) ...... 174-180 East 88th Street, 1410 — Land Reutilization Program — Annie Carter (now Anna Carter) (O 853-2000) ...... 190 Harkness Road, 8712 — Land Reutilization Program — John E. Watt and Evelyn H. Watt (O 854-2000) ...... 191 Historic Gateway Neighborhood Corp. — social programs — grant agreement (O 181-01) ...... 170 Kosciuszko Avenue, 8501 — Land Reutilization Program — John D. Rowe (O 852-2000) ...... 190 Lake Shore Golden Age Center — Social programs — senior citizens — grant agreement (O 175-01) ...... 169 Mill Creek Housing Development Project — Phase IV — amend Section 3 of Ordinance No. 1117-2000 (O 2272-2000)...... 194 Ohio city Near West Development Corporation — residential crime watch program — Ward 14 Neighborhood Equity Funds (O 182-01)...... 171 Recreational programming — Mile Avenue Family YMCA — site improvements and recreational equipment — Ward 2 Neighborhood Equity Funds (O 179-01)...... 170 Slavic Village Development (SVD) — landscaping and other improvements — Ward 12 Neighborhood Equity Funds (O 177-01) ...... 169 West 5th Street, 2445, 2451-55 and 2479 — Land Reutilization Program — Tremont West Development Corporation (O 1971-2000) ...... 174-180 Whittier Avenue — Land Reutilization Program — Betty J. Shabazz (O 855-2000) ...... 191

Community Development Block Grant Program

Performance Report — Comm. Dev. Block Grant Prog. — January 1 - December 31, 2000 (F 150-01) ...... 157

Condolences

Evans, Howard Jerome (Capt.) (R 160-01) ...... 158 Johnson, James O’Neil (R 159-01) ...... 158 Murphy, Conor J. (R 163-01) ...... 158 Peterson Taylor, Edna (R 161-01) ...... 158 Ray, Willie Lewis (R 162-01) ...... 158

Congratulations

Rudolph, Julia (R 164-01) ...... 158

Contracts

James H. Walker Construction Management Training Course — contract — Office of Equal Opportunity (O 2153-2000) ...... 176 Kirby Avenue, 12302 — roof replacement/repair project — Advanced Roofing System (O 2200-2000) ...... 176 Scottish Industries (1720 Fall St.) — upgrades and improvements — contract — HAB Manufacturing (O 167-01) ...... 165

East Ohio Gas Company

Natural gas transportation services — contract — East Ohio Gas Company — contract jointly or separately — Cleveland Municipal School District — natural gas (O 173-01) ...... 168

Economic Development Department

Block H of the Cleveland Industrial Park — sell City-owned property — JRM Chemical Inc. (O 2031-2000) ...... 174-180 Block F of the Cleveland Industrial Park — sell City-owned property — Nisman-Rozgonyi Enterprises LLC (O 1412-2000) ...... 173-177 E. 12th St. and St. Clair Ave. — intersection — economic and community development (O 168-01) ...... 165 Otto Konigslow Manufacturing Company — economic development assistance — Ward 10 Neighborhood Equity Funds (O 170-01) ...... 166 204 February 7, 2001 The City Record 51

Parcel F in the Cleveland Industrial Park — Enterprise Zone Agreement — Nisman-Rozgonyi Enterprises LLC — ten year abatement — Economic Development (O 1413-2000) ...... 173-177 Parcel F in the Cleveland Industrial Park — land acquisition and construction — Nisman-Rozgoyni Enterprises LLC — Economic Development (O 1411-2000) ...... 173-176 Scottish Industries (1720 Fall St.) — upgrades and improvements — contract — HAB Manufacturing (O 167-01) ...... 165

Enterprise Zone Agreement

Parcel F in the Cleveland Industrial Park — Enterprise Zone Agreement — Nisman-Rozgonyi Enterprises LLC — ten year abatement — Economic Development (O 1413-2000) ...... 173-177

Finance Department

Appropriations — expenses of City of Cleveland — 2001 (O 138-01) ...... 158 Financial statements — consultants or firms — prepare (O 174-01)...... 168 Natural gas transportation services — contract — East Ohio Gas Company — contract jointly or separately — Cleveland Municipal School District — natural gas (O 173-01) ...... 168 Pay as Moral Claims (O 2305-2000) ...... 176

Gifts

Loan agreement — U. S. Department of Defense — equipment and supplies — gift (O 176-01) ...... 169

Health Care Coverage

Health care insurance preference — new Section 189.031 (O 2265-2000)...... 193

Land Reutilization Program

Amistad Development Corporation — scattered sites — Land Reutilization Program (O 171-01) ...... 166 Dunham Avenue, 6719 — Land Reutilization Program — Minnie Worley (O 2112-2000) ...... 175-182 East 105th Street, 1255 — rear of 1251 East 105th Street — Land Reutilization Program — Adrian Thompson (O 1877-2000) ...... 174-180 East 71st Street, 1464 — Land Reutilization Program — Enoree Baptist Church (O 2113-2000) ...... 175-182 East 88th Street, 1410 — Land Reutilization Program — Annie Carter (now Anna Carter) (O 853-2000) ...... 190 East 93rd Street — scattered sites — Land Reutilization Program — Union Miles Development Corporation (O 2117-2000) ...... 175-182 Harkness Road, 8712 — Land Reutilization Program — John E. Watt and Evelyn H. Watt (O 854-2000) ...... 191 Kosciuszko Avenue, 8501 — Land Reutilization Program — John D. Rowe (O 852-2000) ...... 190 Parkwood Drive, 1212 and 1246 — Olivet Avenue, 10922 and 10928 — Land Reutilization Program — The New Fellowship Baptist Church (O 2115-2000) ...... 175-182 Sunview Avenue — Land Reutilization Program — Amistad Development Corporation (O 2310-2000) ...... 175-183 Superior Ave., 5820, 5816, 5810 — Land Reutilization Program — Hamdi “Sam” Qasem (O 172-01) ...... 167 West 5th Street, 2445, 2451-55 and 2479 — Land Reutilization Program — Tremont West Development Corporation (O 1971-2000) ...... 174-180 Whittier Avenue — Land Reutilization Program — Betty J. Shabazz (O 855-2000) ...... 191 Woodland Avenue (now Larchmere Boulevard) — Land Reutilization Program — Cleveland Board of Education (O 2270-2000) ...... 183

Liquor Permits

Broadview Road, 2139, 1st Fl. and Bsmt. (Ward 15) — renewal — withdraw objection — repeal Res. No. 1446-2000 (R 187-01) ...... 172 Brookpark Road, 3500 — New Application (F 153-01) ...... 158 East 185th Street, 835-837 (Ward 11) — transfer of ownership — withdraw objection — repeal Res. No. 1829-2000 (R 190-01) ...... 173 East 9th Street, 2130 — first floor and basement — New Application (F 152-01) ...... 158 205 52 The City Record February 7, 2001

Johnston Prky, 4481 — Transfer of Location Application (F 157-01) ...... 158 Memphis Avenue, 5200 (Ward 15) — renewal — withdraw objection — repeal Res. No. 1448-2000 (R 188-01) ...... 172 Miles Avenue, 9915 — Transfer of Ownership (F 156-01) ...... 158 Superior Avenue, 6029 (Ward 13) — renewal — withdraw objection — repeal Res. No. 1342-2000 (R 189-01) ...... 172 W. 14th St., 3146 (Ward 13) — Objection - transfer of ownership (R 184-01) ...... 171 West 130th Street, 4690 (Ward 20) — 1st Fl. & Bsmt. — Objecting to transfer of ownership (R 191-01)...... 173 West 130th Street, 4690 — first floor and basement south side — Transfer of Ownership (F 154-01) ...... 158 West Third St., 15 — basement, 1st 6th - 12th, 14th floors — Stock Transfer Application (F 158-01) ...... 158 Woodhill Road, 2623 — first floor only — Transfer of Ownership (F 155-01) ...... 158 Woodland, 6206 (Ward 5) — objection — issuance (R 186-01) ...... 172

Loans

Loan agreement — U. S. Department of Defense — equipment and supplies — gift (O 176-01) ...... 169

Lottery, Ohio

Lottery — oppose plan to expand state-wide lottery to generate additional funding for schools — statewide — oppose (R 146-01) ...... 189

Moral Claims

Pay as Moral Claims (O 2305-2000) ...... 176

Neighborhood Equity Funds

A Cultural Exchange — after-school literacy project — 50 children in Ward 6 — Ward 6 Neighborhood Equity Funds (O 166-01) ...... 165 Detroit Shoreway Community Development Organization — safety, code enforcement and housing development activities — Ward 17 Neighborhood Equity Funds (O 183-01) ...... 171 Historic Gateway Neighborhood Corp. — social programs — grant agreement (O 181-01) ...... 170 Lake Shore Golden Age Center — Social programs — senior citizens — grant agreement (O 175-01) ...... 169 Ohio City Near West Development Corporation — residential crime watch program — Ward 14 Neighborhood Equity Funds (O 182-01)...... 171 Otto Konigslow Manufacturing Company — economic development assistance — Ward 10 Neighborhood Equity Funds (O 170-01) ...... 166 Recreational programming — Mile Avenue Family YMCA — site improvements and recreational equipment — Ward 2 Neighborhood Equity Funds (O 179-01)...... 170 Slavic Village Development (SVD) — landscaping and other improvements — Ward 12 Neighborhood Equity Funds (O 177-01) ...... 169

Parks, Recreation and Properties Department

Jasper Playfield — expansion — Briggs Road (O 178-01) ...... 169 Woodland Recreation Center — expansion — 9206 Woodland Avenue (O 2111-2000) ...... 174-180

Permits

Cleveland Indians Run / Qual Choice Race for Pennant — permit — Hermes Race System (O 142-01) ...... 194 Cleveland Rockers Walk —walk-a-thon — Cleveland Rockers and Hermes Race System (O 141-01) ...... 194 Phase II Stonebridge Apartment Project — Detroit Avenue and Superior Viaduct — permit — Stonebridge Building and Design, Inc. (O 2267-2000) ...... 193 Run for the Roses 5K Run — permit — Hermes Race Systems (O 144-01) ...... 195 St. Malachi Runt (5 and 2 mile) — permit — Hermes Race Systems (O 143-01) ...... 195 The Hudson Relays — permits — Case Western Reserve University (O 145-01) ...... 195

Police Division

CAD — IBM equipment, hubs, printers and monitors — IBM Global Systems — Division of Police (O 2309-2000) ...... 176 Police Officers, Fourth Police District — urging Mayor to increase (R 147-01) ...... 190 206 February 7, 2001 The City Record 53

Port Control Department

Remove rubber and paint from paved surfaces — various divisions — Port Control (O 1576-2000)...... 174-177 Runway signs — Standard Signs, Inc. — Cleveland Hopkins International Airport (O 75-01) ...... 176-T START-A-HEART, INCORPORATED — agreement — defibrillators (O 2262-2000) ...... 175-183 Vendors — annual audit — consultants — Fiscal Year 2000 — Port Control (O 1798-2000) ...... 192

Purchases and Supplies Division

Block F of the Cleveland Industrial Park — sell City-owned property — Nisman-Rozgonyi Enterprises LLC (O 1412-2000) ...... 173-177 E. 12th St. and St. Clair Ave. — intersection — economic and community development (O 168-01) ...... 165 Jasper Playfield — expansion — Briggs Road (O 178-01) ...... 169

Races

Cleveland Indians Run / Qual Choice Race for Pennant — permit — Hermes Race System (O 142-01) ...... 194 Run for the Roses 5K Run — permit — Hermes Race Systems (O 144-01) ...... 195 St. Malachi Runt (5 and 2 mile) — permit — Hermes Race Systems (O 143-01) ...... 195 The Hudson Relays — permits — Case Western Reserve University (O 145-01) ...... 195

Real Estate

Block H of the Cleveland Industrial Park — sell City-owned property — JRM Chemical Inc. (O 2031-2000) ...... 174-180

Recognition

Shipps, Geneva (R 165-01) ...... 158

Repealed Ordinances & Resolutions (Non Codified)

Broadview Road, 2139, 1st Fl. and Bsmt. (Ward 15) — renewal — withdraw objection — repeal Res. No. 1446-2000 (R 187-01) ...... 172 East 185th Street, 835-837 (Ward 11) — transfer of ownership — withdraw objection — repeal Res. No. 1829-2000 (R 190-01) ...... 173 Memphis Avenue, 5200 (Ward 15) — renewal — withdraw objection — repeal Res. No. 1448-2000 (R 188-01) ...... 172 Superior Avenue, 6029 (Ward 13) — renewal — withdraw objection — repeal Res. No. 1342-2000 (R 189-01) ...... 172

Resolution of Support

Civilian Conservation Corps — Council’s support — restore funding (R 180-01) ...... 170

Resolutions - Miscellaneous

Lottery — oppose plan to expand state-wide lottery to generate additional funding for schools — statewide — oppose (R 146-01) ...... 189 Police Officers, Fourth Police District — urging Mayor to increase (R 147-01)...... 190 Senate Athletic League — urge Cleveland School Board to review and revise schedule to permit athletic events during evening hours (R 185-01)...... 171 West 117th Street — amenity strip in the sidewalk and emplacing tree pockets (R 2124-2000)...... 176-183

Safety Department

CAD — IBM equipment, hubs, printers and monitors — IBM Global Systems — Division of Police (O 2309-2000) ...... 176 Loan agreement — U. S. Department of Defense — equipment and supplies — gift (O 176-01) ...... 169 Obstruction marking and lighting — amend Sections 633.01 and 633.02 — amend Sections 633.01 and 633.02 (O 2110-2000)...... 174-180 207 54 The City Record February 7, 2001

Schools

Lottery — oppose plan to expand state-wide lottery to generate additional funding for schools — statewide — oppose (R 146-01) ...... 189

Service Department

East 200th Street — vacate a portion — (Ward 11) (O 1968-2000) ...... 174-180 Electrical, mechanical, structural and environmental engineering services — Division of Architecture (O 2205-2000) ...... 175-183 Public Service facilities — rehabilitating, renovating, reconstructing (O 2204-2000) ...... 175-183 Public Service facility roofs — rehabilitating, replacing (O 2203-2000) ...... 175-183 West 117th Street — amenity strip in the sidewalk and emplacing tree pockets (R 2124-2000)...... 176-183

Sewers

Arbor/Taft area — detention tank piping installation — sewer improvements (O 169-01) ...... 166 Lee Road area sewer system — sewers and manholes — rehabilitate and replace (O 2097-2000) ...... 176

Street Vacation

East 200th Street — vacate a portion — (Ward 11) (O 1968-2000) ...... 174-180 Hamilton Court N.E. — intention to vacate (R 2033-2000) ...... 176-183 Mt. Overlook Avenue S.E. — intention to vacate — (Ward 6) (R 1883-2000)...... 176-183 Williams Avenue and East 128th Street — intention to vacate (R 2034-2000) ...... 176-183

Traffic Engineering & Parking Division

Mastarms and signals — Payne Avenue — install (O 2207-2000)...... 192 Traffic signals and related materials — Traffic Engineering and Parking Div. (O 2210-2000) ...... 193

Tremont West Development Corporation

West 5th Street, 2445, 2451-55 and 2479 — Land Reutilization Program — Tremont West Development Corporation (O 1971-2000) ...... 174-180

Utilities Department

Arbor/Taft area — detention tank piping installation — sewer improvements (O 169-01) ...... 166 Diving and underwater inspection services — Division of Water (O 1866-2000) ...... 174-180 Fire hydrants — repair or replace — Division of Water (O 2100-2000)...... 192 Kirby Avenue, 12302 — roof replacement/repair project — Advanced Roofing System (O 2200-2000) ...... 176 Lee Road area sewer system — sewers and manholes — rehabilitate and replace (O 2097-2000) ...... 176 Water, sewer and gas line repair — Cleveland Public Power (O 2101-2000) ...... 192

Walk-A-Thons

Cleveland Rockers Walk —walk-a-thon — Cleveland Rockers and Hermes Race System (O 141-01) ...... 194

Ward 01

Amistad Development Corporation — scattered sites — Land Reutilization Program (O 171-01) ...... 166 Block H of the Cleveland Industrial Park — sell City-owned property — JRM Chemical Inc. (O 2031-2000) ...... 174-180 Block F of the Cleveland Industrial Park — sell City-owned property — Nisman-Rozgonyi Enterprises LLC (O 1412-2000) ...... 173-177 Johnston Prky, 4481 — Transfer of Location Application (F 157-01) ...... 158 Mill Creek Housing Development Project — Phase IV — amend Section 3 of Ordinance No. 1117-2000 (O 2272-2000)...... 194 Parcel F in the Cleveland Industrial Park — Enterprise Zone Agreement — Nisman-Rozgonyi Enterprises LLC — ten year abatement — Economic Development (O 1413-2000) ...... 173-177 Parcel F in the Cleveland Industrial Park — land acquisition and construction — Nisman-Rozgoyni Enterprises LLC — Economic Development (O 1411-2000) ...... 173-176 Ray, Willie Lewis (R 162-01) ...... 158 Sunview Avenue — Land Reutilization Program — Amistad Development Corporation (O 2310-2000) ...... 175-183 208 February 7, 2001 The City Record 55

Ward 02

East 93rd Street — scattered sites — Land Reutilization Program — Union Miles Development Corporation (O 2117-2000) ...... 175-182 Miles Avenue, 9915 — Transfer of Ownership (F 156-01) ...... 158 Recreational programming — Mile Avenue Family YMCA — site improvements and recreational equipment — Ward 2 Neighborhood Equity Funds (O 179-01)...... 170 Rudolph, Julia (R 164-01) ...... 158 White, Robert J. III (Councilman Ward 2) — appointed — Fair Employment Wage Board (F 148-01) ...... 157

Ward 04

Peterson Taylor, Edna (R 161-01) ...... 158 Williams Avenue and East 128th Street — intention to vacate (R 2034-2000) ...... 176-183

Ward 05

Woodland, 6206 (Ward 5) — objection — issuance (R 186-01) ...... 172

Ward 06

A Cultural Exchange — after-school literacy project — 50 children in Ward 6 — Ward 6 Neighborhood Equity Funds (O 166-01) ...... 165 Evans, Howard Jerome (Capt.) (R 160-01) ...... 158 Mt. Overlook Avenue S.E. — intention to vacate — (Ward 6) (R 1883-2000)...... 176-183 The Hudson Relays — permits — Case Western Reserve University (O 145-01) ...... 195 Williams Avenue and East 128th Street — intention to vacate (R 2034-2000) ...... 176-183 Woodhill Road, 2623 — first floor only — Transfer of Ownership (F 155-01) ...... 158 Woodland Avenue (now Larchmere Boulevard) — Land Reutilization Program — Cleveland Board of Education (O 2270-2000) ...... 183

Ward 07

Dunham Avenue, 6719 — Land Reutilization Program — Minnie Worley (O 2112-2000) ...... 175-182 East 71st Street, 1464 — Land Reutilization Program — Enoree Baptist Church (O 2113-2000) ...... 175-182 East 88th Street, 1410 — Land Reutilization Program — Annie Carter (now Anna Carter) (O 853-2000) ...... 190 Harkness Road, 8712 — Land Reutilization Program — John E. Watt and Evelyn H. Watt (O 854-2000) ...... 191 Kosciuszko Avenue, 8501 — Land Reutilization Program — John D. Rowe (O 852-2000) ...... 190 Superior Ave., 5820, 5816, 5810 — Land Reutilization Program — Hamdi “Sam” Qasem (O 172-01) ...... 167 Whittier Avenue — Land Reutilization Program — Betty J. Shabazz (O 855-2000)...... 191

Ward 08

East 105th Street, 1255 — rear of 1251 East 105th Street — Land Reutilization Program — Adrian Thompson (O 1877-2000) ...... 174-180 Parkwood Drive, 1212 and 1246 — Olivet Avenue, 10922 and 10928 — Land Reutilization Program — The New Fellowship Baptist Church (O 2115-2000) ...... 175-182 Shipps, Geneva (R 165-01) ...... 158

Ward 09

The Hudson Relays — permits — Case Western Reserve University (O 145-01) ...... 195

Ward 10

Otto Konigslow Manufacturing Company — economic development assistance — Ward 10 Neighborhood Equity Funds (O 170-01) ...... 166

Ward 11

East 185th Street, 835-837 (Ward 11) — transfer of ownership — withdraw objection — repeal Res. No. 1829-2000 (R 190-01) ...... 173 East 200th Street — vacate a portion — (Ward 11) (O 1968-2000) ...... 174-180 Evans, Howard Jerome (Capt.) (R 160-01) ...... 158 Lake Shore Golden Age Center — Social programs — senior citizens — grant agreement (O 175-01) ...... 169 209 56 The City Record February 7, 2001

Ward 12

Slavic Village Development (SVD) — landscaping and other improvements — Ward 12 Neighborhood Equity Funds (O 177-01) ...... 169

Ward 13

Cleveland Indians Run / Qual Choice Race for Pennant — permit — Hermes Race System (O 142-01) ...... 194 Cleveland Rockers Walk —walk-a-thon — Cleveland Rockers and Hermes Race System (O 141-01) ...... 194 East 9th Street, 2130 — first floor and basement — New Application (F 152-01) ...... 158 Hamilton Court N.E. — intention to vacate (R 2033-2000) ...... 176-183 Historic Gateway Neighborhood Corp. — social programs — grant agreement (O 181-01) ...... 170 Mastarms and signals — Payne Avenue — install (O 2207-2000)...... 192 St. Malachi Runt (5 and 2 mile) — permit — Hermes Race Systems (O 143-01) ...... 195 Superior Avenue, 6029 (Ward 13) — renewal — withdraw objection — repeal Res. No. 1342-2000 (R 189-01) ...... 172 W. 14th St., 3146 (Ward 13) — Objection - transfer of ownership (R 184-01) ...... 171 West 5th Street, 2445, 2451-55 and 2479 — Land Reutilization Program — Tremont West Development Corporation (O 1971-2000) ...... 174-180 West Third St., 15 — basement, 1st 6th - 12th, 14th floors — Stock Transfer Application (F 158-01) ...... 158

Ward 14

Murphy, Conor J. (R 163-01) ...... 158 Near West Theater — ten (10) banners (O 2268-2000) ...... 183 Ohio City Near West Development Corporation — residential crime watch program — Ward 14 Neighborhood Equity Funds (O 182-01)...... 171 Phase II Stonebridge Apartment Project — Detroit Avenue and Superior Viaduct — permit — Stonebridge Building and Design, Inc. (O 2267-2000) ...... 193

Ward 15

Broadview Road, 2139, 1st Fl. and Bsmt. (Ward 15) — renewal — withdraw objection — repeal Res. No. 1446-2000 (R 187-01) ...... 172 Memphis Avenue, 5200 (Ward 15) — renewal — withdraw objection — repeal Res. No. 1448-2000 (R 188-01) ...... 172

Ward 16

Brookpark Road, 3500 — New Application (F 153-01) ...... 158

Ward 17

Detroit Shoreway Community Development Organization — safety, code enforcement and housing development activities — Ward 17 Neighborhood Equity Funds (O 183-01) ...... 171 Run for the Roses 5K Run — permit — Hermes Race Systems (O 144-01) ...... 195 West 117th Street — amenity strip in the sidewalk and emplacing tree pockets (R 2124-2000) ...... 176-183

Ward 18

Murphy, Conor J. (R 163-01) ...... 158 Run for the Roses 5K Run — permit — Hermes Race Systems (O 144-01) ...... 195 West 117th Street — amenity strip in the sidewalk and emplacing tree pockets (R 2124-2000) ...... 176-183

Ward 19

Brady, Dona (Councilwoman Ward 19) — appointed — Housing Advisory Board (F 149-01) ...... 157

Ward 20

West 130th Street, 4690 (Ward 20) — 1st Fl. & Bsmt. — Objecting to transfer of ownership (R 191-01)...... 173 West 130th Street, 4690 — first floor and basement south side — Transfer of Ownership (F 154-01) ...... 158

Ward 21

Murphy, Conor J. (R 163-01) ...... 158

Water Division

Diving and underwater inspection services — Division of Water (O 1866-2000) ...... 174-180 Fire hydrants — repair or replace — Division of Water (O 2100-2000)...... 192 210