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Containing PAGE City Council 3 The Calendar 14 Board of Control 15 Civil Service 18 Board of Zoning Appeals 18 Board of Building Standards and Building Appeals 19 Public Notice 20 Public Hearings 20 City of Cleveland Bids 20 Adopted Resolutions and Ordinances 22 Committee Meetings 47 Index 48 The City Record Official Publication of the Council of the City of Cleveland May the Twenty-Fourth, Two Thousand and Six Frank G. Jackson Mayor Martin J. Sweeney President of Council Emily Lipovan City Clerk, Clerk of Council Ward Name 1 Nina Turner 2 Robert J. White 3 Zachary Reed 4 Kenneth L. Johnson 5 Phyllis E. Cleveland 6 Patricia J. Britt 7 Fannie M. Lewis 8 Sabra Pierce Scott 9 Kevin Conwell 10 Roosevelt Coats 11 Michael D. Polensek 12 Anthony Brancatelli 13 Joe Cimperman 14 Joseph Santiago 15 Brian J. Cummins 16 Kevin J. Kelley 17 Matthew Zone 18 Jay Westbrook 19 Dona Brady 20 Martin J. Sweeney 21 Michael A. Dolan The City Record is available online at www .cle v elandcity council.org

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Containing PAGE

City Council 3The Calendar 14Board of Control 15Civil Service 18Board of Zoning Appeals 18Board of Building Standards

and Building Appeals 19Public Notice 20Public Hearings 20City of Cleveland Bids 20Adopted Resolutions

and Ordinances 22Committee Meetings 47Index 48

The City RecordOfficial Publication of the Council of the City of Cleveland

May the Twenty-Fourth, Two Thousand and Six

Frank G. JacksonMayor

Martin J. SweeneyPresident of Council

Emily LipovanCity Clerk, Clerk of Council

Ward Name1 Nina Turner2 Robert J. White3 Zachary Reed4 Kenneth L. Johnson5 Phyllis E. Cleveland6 Patricia J. Britt7 Fannie M. Lewis8 Sabra Pierce Scott9 Kevin Conwell

10 Roosevelt Coats11 Michael D. Polensek12 Anthony Brancatelli13 Joe Cimperman14 Joseph Santiago15 Brian J. Cummins16 Kevin J. Kelley17 Matthew Zone18 Jay Westbrook19 Dona Brady20 Martin J. Sweeney21 Michael A. Dolan

The City Record is available online atwww.clevelandcitycouncil.org

DIRECTORY OF CITY OFFICIALSCITY COUNCIL – LEGISLATIVEPresident of Council – Martin J. Sweeney

Ward Name Residence

1 Nina Turner..................................................16204 Sunny Glen Avenue 441282 Robert J. White .................................................9703 Cardwell Avenue 441053 Zachary Reed .....................................................3734 East 149th Street 441204 Kenneth L. Johnson...............................................2948 Hampton Road 441205 Phyllis E. Cleveland .............................................2369 East 36th Street 441056 Patricia J. Britt........................................................12402 Britton Drive 441207 Fannie M. Lewis.........................................................7416 Star Avenue 441038 Sabra Pierce Scott.................................................1136 East 98th Street 441089 Kevin Conwell ..................................................10647 Ashbury Avenue 44106

10 Roosevelt Coats ....................................................1775 Cliffview Road 4411211 Michael D. Polensek..............................................17855 Brian Avenue 4411912 Anthony Brancatelli..................................................6924 Ottawa Road 4410513 Joe Cimperman....................................................3053 West 12th Street 4411314 Joseph Santiago ...................................................3169 West 14th Street 4410915 Brian J. Cummins ............................................3104 Mapledale Avenue 4410916 Kevin J. Kelley ..............................................6608 Woodhaven Avenue 4414417 Matthew Zone .....................................................1228 West 69th Street 4410218 Jay Westbrook ...................................................1278 West 103rd Street 4410219 Dona Brady ..........................................................1272 West Boulevard 4410220 Martin J. Sweeney.............................................3632 West 133rd Street 4411121 Michael A. Dolan ...............................................16519 West Park Road 44111

City Clerk, Clerk of Council – Emily Lipovan, 216 City Hall, 664–2840First Assistant Clerk – Sandra Franklin

MAYOR – Frank G. JacksonKen Silliman, Secretary to the Mayor, Chief of StaffDarnell Brown, Executive Assistant to the Mayor, Chief Operating OfficerValarie J. McCall, Executive Assistant to the Mayor, Chief of Government AffairsTracy Y. Martin, Executive Assistant to the Mayor, Chief of EducationMaureen Harper, Executive Assistant to the Mayor, Chief of CommunicationsMichael A. House, Executive Assistant to the Mayor, Press SecretaryDebra Linn Talley, Director, Office of Equal Opportunity

DEPT. OF LAW – Robert J. Triozzi, Director, Richard F. Horvath, Chief Counsel, Rm. 106Karen E. Martines, Law Librarian, Room 100

DEPT. OF FINANCE – Sharon Dumas, Director, Room 104;Frank Badalamenti, Manager, Internal AuditDIVISIONS: Accounts – Richard W. Sensenbrenner, Commissioner, Room 19Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122City Treasury – Algeron Walker, Treasurer, Room 115Financial Reporting and Control – James Gentile, Controller, Room 18Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair

AvenuePurchases and Supplies – James E. Hardy, Commissioner, Room 128Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside AvenueTaxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue

DEPT. OF PUBLIC UTILITIES – Julius Ciaccia, Interim Director, 1201 Lakeside AvenueDIVISIONS – 1201 Lakeside AvenueCleveland Public Power – James F. Majer, CommissionerStreet Lighting Bureau – ______________, Acting ChiefUtilities Fiscal Control – Dennis Nichols, CommissionerWater – John Christopher Nielson, CommissionerWater Pollution Control – Ollie Shaw, Commissioner

DEPT. OF PORT CONTROL – John Mok, Interim DirectorCleveland Hopkins International Airport, 5300 Riverside DriveBurke Lakefront Airport – Khalid Bahhur, CommissionerCleveland Hopkins International Airport – Fred Szabo, Commissioner

DEPT. OF PUBLIC SERVICE – Jomarie Wasik, Director, Room 113

DIVISIONS: Architecture – Kurt Wiebusch, Commissioner, Room 517Engineering and Construction – Randall E. DeVaul, Commissioner, Room 518Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard YardsStreets – Randell T. Scott, Commissioner, Room 25Traffic Engineering – Robert Mavec, Commissioner, 4150 East 49th Street, Building #1Waste Collection and Disposal – Ron Owens, Commissioner, 5600 Carnegie Avenue

DEPT. OF PUBLIC HEALTH – Matt Carroll, Interim Director, Mural Building, 1925 St. Clair Ave.DIVISIONS: Air Quality – Richard L. Nemeth, CommissionerCorrection – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd.Environment – Willie Bess, Commissioner, Mural Building, 1925 St. Clair Ave.Health – Anjou Parekh, Commissioner, Mural Building, 1925 St. Clair Ave.

DEPT. OF PUBLIC SAFETY – Martin Flask, Director, Room 230DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th StreetEmergency Medical Service – Edward Eckart, Commissioner, 1708 South Pointe DriveFire – Paul A. Stubbs, Chief, 1645 Superior AvenuePolice – Michael C. McGrath, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street

DEPT. OF PARKS, RECREATION & PROPERTIES – Michael Cox, DirectorCleveland Convention Center, Clubroom A, 1220 East 6th StreetDIVISIONS: Convention Center & Stadium – James Glending, CommissionerPublic Auditorium, East 6th Street and Lakeside AvenueParking Facilities – _____________, CommissionerPublic Auditorium, East 6th Street and Lakeside AvenuePark Maintenance and Properties – Richard L. Silva, CommissionerPublic Auditorium – East 6th Street and Lakeside AvenueProperty Management – Tom Nagle, Commissioner, East 49th Street & HarvardRecreation – Kim Johnson, Commissioner, Room 8Research, Planning & Development – Mark Fallon, Commissioner, 1501 N. Marginal Road

Burke Lakefront Airport

DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director, 3rd Floor, City HallDIVISIONS: Administrative Services – Terrence Ross, CommissionerNeighborhood Services – Louise V. Jackson, CommissionerNeighborhood Development – Joseph A. Sidoti, Commissioner

DEPT. OF BUILDING AND HOUSING – Edward W. Rybka, Interim Director, Room 500DIVISIONS: Code Enforcement – Tyrone L. Johnson, CommissionerConstruction Permitting – Timothy R. Wolosz, Commissioner

DEPT. OF PERSONNELAND HUMAN RESOURCES – Trudy Hutchinson, Director, Room 121

DEPT. OF ECONOMIC DEVELOPMENT – ______________, Director, Room 210

DEPT. OF AGING – Jane Fumich, Director, Room 122

DEPT. OF CONSUMER AFFAIRS – Angel Guzman, Director

COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director; Mayor Frank G.Jackson, Chairman Ex-Officio; Rev. Charles Lucas, Jr., Vice-Chairman; CouncilmanKevin Conwell, Councilman Brian J. Cummins, Councilman Joe Santiago, CouncilmanMatthew Zone, City Council Representatives; Charles L. Patton, Jr., Paula Castleberry,Emmett Saunders, John Banno, Kathryn M. Hall, Evangeline Hardaway, Janet Jankura,Gia Hoa Ryan, Rev. Jesse Harris, Magda Gomez, Fred J. Livingstone, Margot JamesCopeland.

CIVIL SERVICE COMMISSION – Room 119, Reynaldo Galindo, President; Rev. EarlPreston, Vice President; Lucille Ambroz, Secretary; Members: Diane M. Downing,Michael L. Nelson.

SINKING FUND COMMISSION – Frank G. Jackson, President; Council President MartinJ. Sweeney; Betsy Hruby, Asst. Sec’y.; ___________, Director.

BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; JohnMyers, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, _____________, Secretary.

BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F.Denk, Chairman; ____________, Arthur Saunders, Alternate Members – D. Cox, P.Frank, E. P. O’Brien, Richard Pace, J.S. Sullivan.

BOARD OF REVISION OF ASSESSMENTS – Law Director Robert J. Triozzi, President;Finance Director ____________, Secretary; Council President Martin J. Sweeney.

BOARD OF SIDEWALK APPEALS – Service Director _______________, Law DirectorRobert J. Triozzi; Councilman ______________.

BOARD OF REVIEW – (Municipal Income Tax) – Law Director Robert J. Triozzi; UtilitiesDirector _______________; Council President Martin J. Sweeney.

CITY PLANNING COMMISSION – Room 501 – Robert N. Brown, Director; Anthony J.Coyne, Chairman; David Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria JeanPinkney, Rev. Sam Edward Small, Council Member Joe Cimperman.

FAIR CAMPAIGN FINANCE COMMISSION – Chris Warren, C. Ellen Connally, Hillary S.Taylor.

FAIR EMPLOYMENT WAGE BOARD – Room 210 – Gerald Meyer, Chair; AngelaCaldwell, Vice Chair; Patrick Gallagher, Kathryn Jackson, Draydean McCaleb, CouncilMember ____________, Ed Romero.

FAIR HOUSING BOARD – Charles See, Chair; _________, Vice Chair; Daniel Conway, DorisHonsa, Lisa Camacho.

HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,VickieEaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan,David Perkowski, Joan Shaver Washington, Keith Sutton.

CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chairman;Clint Martin, Mark Rivera.

MORAL CLAIMS COMMISSION – Law Director Robert J. Triozzi; Chairman; FinanceDirector Sharon Dumas; Council President Martin J. Sweeney; Councilman KevinKelley; Councilman Nina Turner.

POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, VermelWhalen, Nancy Cronin, Elvin Vauss.

CLEVELAND LANDMARKS COMMISSION – Room 519 – India Pierce Lee, Chair;Laura M. Noble, Vice Chair; Robert Brown, Thomas Coffey, Jennifer Coleman, Lee,Michael Rastatter, Jr., John Torres, Ari Maron, N. Kurt Wiebusch, Council Member JoeCimperman, Robert Jackimowicz; Robert Keiser, Secretary.

CLEVELAND MUNICIPAL COURTJUSTICE CENTER – 1200 ONTARIO STREET

JUDGE COURTROOM ASSIGNMENTSJudge Courtroom

Presiding and Administrative Judge Larry A. Jones 14BJudge Ronald B. Adrine 15AJudge Emanuella Groves 13AJudge Kathleen Ann Keough 13DJudge Anita Laster Mays 14CJudge Lauren C. Moore 14AJudge Charles Patton, Jr. 12BJudge Raymond L. Pianka (Housing Court Judge) 13BJudge Michael Ryan 12AJudge Angela R. Stokes 15CJudge Joan Synenberg 13CJudge Pauline H. Tarver 12CJudge Joseph J. Zone 14D

Earle B. Turner – Clerk of Courts, Michael E. Flanagan – Court Administrator, Paul J. Mizerak – Bailiff;Regina Daniel – Chief Probation Officer, Gregory F. Clifford – Chief Magistrate

977

CITY COUNCILMONDAY, MAY 22, 2006

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 93 WEDNESDAY, MAY 24, 2006 No. 4824

The City Record

The City Record

Published weekly by the City Clerk,

Clerk of Council under authority

of the Charter of the

City of Cleveland

The City Record is available

online at

www.clevelandcitycouncil.org

Address all communications to

EMILY LIPOVANCity Clerk, Clerk of Council

216 City Hall

PERMANENT SCHEDULE

STANDING COMMITTEES

OF THE COUNCIL

2006-2009

MONDAY—Alternating

9:30 A.M. — Public Parks, Prop-erty & Recreation Committee: John-son, Chair; White, Vice Chair; Bran-catelli, Cummins, Kelley, Polensek,Turner.

9:30 A.M. — Health & Human Ser-vices Committee: Britt, Chair; Cleve-land, Vice Chair; Conwell, Kelley,Reed, Santiago, Westbrook.

11:00 A.M. — Public Service Com-mittee: Brady, Chair; Turner, ViceChair; Cleveland, Cummins, Johnson,Polensek, Reed, Santiago, White.

11:00 A.M. — Legislation Commit-tee: Cleveland, Chair; Dolan, ViceChair; Cimperman, Lewis, PierceScott, Reed, White.

MONDAY

2:00 P.M. — Finance Committee:Sweeney, Chair; Cimperman, ViceChair; Brady, Brancatelli, Britt,Coats, Conwell, Pierce Scott, West-brook, White, Zone.

TUESDAY

9:30 A.M. — Community and Eco-nomic Development Committee:Pierce Scott, Chair; Brancatelli,Vice Chair; Brady, Cimperman,Cummins, Coats, Lewis, Westbrook.Zone.

1:30 P.M. — Employment, Affirma-tive Action & Training Committee:Lewis, Chair; Santiago, Vice Chair;Brancatelli, Coats, Conwell, John-son, Turner.

WEDNESDAY—Alternating

10:00 A.M. — Aviation & Trans-portation Committee: Kelley, Chair;Westbrook, Vice Chair; Brancatelli,Britt, Cleveland, Dolan, Turner.

10:00 A.M. — Public Safety Com-mittee: Conwell, Chair; Brady, ViceChair; Britt, Coats, Cummins, Kel-ley, Polensek, Santiago, Turner.

WEDNESDAY—Alternating

1:30 P.M. — Public Utilities Com-mittee: Zone, Chair; Reed, ViceChair; Cleveland, Cummins, Dolan,Kelley, Polensek, Santiago, West-brook.

1:30 P.M. — City Planning Com-mittee: Cimperman, Chair, West-brook, Vice Chair, Conwell, Dolan,Lewis, Reed, Zone.

The following Committees aresubject to the Call of the Chair:

Rules Committee: Sweeney, Chair;Cleveland, Kelley, Pierce Scott,Polensek.

Personnel and Operations Commit-tee: Sweeney, Chair; Britt, Kelley,Pierce Scott, Santiago, Westbrook,White.

Mayor’s Appointment Committee:Coats, Chair; Pierce Scott, Kelley,Sweeney, Westbrook.

OFFICIAL PROCEEDINGS

CITY COUNCIL______________

Earle B. Turner Recreation Center11300 Miles Avenue

Ward 2Cleveland, Ohio

Monday, May 22, 2006The meeting of the Council was

called to order, The President, Mar-tin J. Sweeney, in the Chair.

Council Members present: Brady,Brancatelli, Britt, Cleveland, Coats,Conwell, Cummins, Dolan, Kelley,Lewis, Polensek, Reed, Santiago,Pierce Scott, Sweeney, Turner, West-brook, White and Zone.

Also present were Ken Silliman,Chief of Staff; Darnell Brown, ChiefOperating Officer; Tracy Y. Martin,Chief of Education; Michael A.House, Press Secretary; Debra LinnTalley, Director of Equal Opportu-nity; Directors Triozzi, Dumas,Wasik, Flask, Cox, Rush, Hutchin-son, Fumich, Brown, Griffin, andInterim Directors Carroll and Rybka.

Pursuant to Ordinance No. 2926-76,prayer was offered by ReverendOnyealilachi F. O. Nwoku of TrinityMethodist Church, 17115 Miles Ave-nue in Ward 1. Pledge of Allegiance.

MOTION

On the motion of Council MemberWhite, the reading of the minutes ofthe last meeting were dispensedwith and the journal approved. Sec-onded by Council Member Turner.

COMMUNICATION

File No. 959-06.From the City of Strongsville —

Copy of Resolution No. 2006-119.Received.

OATH OF OFFICE

File No. 960-06.Kyle Dreyfuss-Wells — oath of

office — Citizens Industrial Air Pol-lution Advisory Committee. Re-ceived.

File No. 961-06.Amy Wainright — oath of office

— Citizens Industrial Air PollutionAdvisory Committee. Received.

File No. 962-06.Jim V. Apicella — oath of office

— Citizens Industrial Air PollutionAdvisory Committee. Received.

File No. 963-06.Elvin M. Vauss, Jr. — oath of

office — Citizens Industrial Air Pol-lution Advisory Committee. Re-ceived.

File No. 964-06.Robin Holmes — oath of office —

Citizens Industrial Air PollutionAdvisory Committee. Received.

CONDOLENCE RESOLUTIONS

The rules were suspended and thefollowing Resolutions were adoptedby a rising vote:

Res. No. 965-06 — Pastor Jesse L.Davis, Sr.

Res. No. 966-06—Nelly Terry.

CONGRATULATION RESOLUTIONS

The rules were suspended and thefollowing Resolutions were adoptedwithout objection:

Res. No. 967-06—Elvin Murphy.Res. No. 968-06—Thomas J. Kall-

strom.Res. No. 969-06—Sheryl Hoffman.

RECOGNITION RESOLUTIONS

The rules were suspended and thefollowing Resolutions were adoptedwithout objection:

Res. No. 970-06 — Czech CulturalCenter of Sokol Greater Cleveland.

4 The City Record May 24, 2006

978

Res. No. 971-06—Allison L.E. Wal-lace.

Res. No. 972-06 — Dennis M. Laf-ferty.

Res. No. 973-06 — Robert H. Raw-son, Jr.

Res. No. 974-06—Robert J. King,Jr.

FIRST READING EMERGENCYORDINANCES REFERRED

Ord. No. 933-06.By Council Member Sweeney (by

departmental request).An emergency ordinance authoriz-

ing the Director of Finance toemploy one or more professionalconsultants to provide maintenancefor six Dell servers, for a period oftwo years.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofFinance is authorized to employ bycontract or contracts one or moreconsultants or one or more firms ofconsultants for the purpose of sup-plementing the regularly employedstaff of the several departments ofthe City of Cleveland in order to pro-vide professional services necessaryto provide maintenance for six Dellservers that support the Peoplesoftfinancial system for a period of twoyears.

The selection of the consultantsfor the services shall be made bythe Board of Control on the nomi-nation of the Director of Financefrom a list of qualified consultantsavailable for employment as maybe determined after a full and com-plete canvass by the Director ofFinance for the purpose of compil-ing a list. The compensation to bepaid for the services shall be fixedby the Board of Control. The con-tract or contracts authorized shallbe prepared by the Director of Law,and approved and certified by theDirector of Finance.

Section 2. That the cost of con-tract or contracts authorized shallbe paid from Fund No. 01-151101-661600, Request No. 142063.

Section 3. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of Finance,Law; Committee on Finance.

Ord. No. 934-06.By Council Members Zone and

Sweeney (by departmental request).An emergency ordinance authoriz-

ing the Director of Public Utilitiesto enter into one or more amend-ments to Contract No. 57651 withMWH Americas Inc. to provide addi-tional services necessary to com-plete Phase II of the Citywide GISSystem Project.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPublic Utilities is authorized toenter into one or more amendmentsto Contract No. 57651 with MWHAmericas Inc. to provide additionalservices necessary to completePhase II of the Citywide GIS Sys-tem Project, including but not lim-ited to, GIS data conversion, Per-mitting System support, GIS appli-cation deployment and support, GIStraining, GIS database administra-tion support, and procurement anddeployment of software and hard-ware necessary for Citywide GIS.

Section 2. That the cost of theamendment or amendments shall bepaid from Fund Nos. 52 SF 001, 52SF 223, 52 SF 225, and 52 SF 231,Request No. 163760.

Section 3. That the Director isauthorized to execute any third-party software license agreementsnecessary to effect the purposes ofthis ordinance.

Section 4. That the amendment oramendments shall be prepared bythe Director of Law.

Section 5. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of PublicUtilities, Finance, Law; Committeeson Public Utilities, Finance.

Ord. No. 935-06.By Council Members Zone and

Sweeney (by departmental request).An emergency ordinance authoriz-

ing the Director of Public Utilitiesto enter into one or more contractswith Mincom, Inc. for the acquisi-tion of one or more licenses toupgrade the current work manage-ment Ellipse 5.2.1. software, includ-ing but not limited to integration,installation, design, training, test-ing, technical support, and softwaremaintenance for a period of oneyear.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPublic Utilities is authorized toenter into one or more contractswith Mincom, Inc. for professionalservices necessary for the acquisi-tion of one or more licenses toupgrade the current work manage-ment Ellipse 5.2.1. software, includ-ing but not limited to integration,installation, design, training, test-ing, technical support, and softwaremaintenance for a period of oneyear, on the basis of its proposaldated April 25, 2006, in an amountnot to exceed $2,500,000.00, for the

Department of Public Utilities. Thecontract or contracts shall be paidfrom Fund No. 52 SF 001, RequestNo. 163714.

Section 2. That the Director ofPublic Utilities is authorized toenter into any third-party softwarelicense agreements necessary toeffectuate the purposes of this ordi-nance.

Section 3. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of PublicUtilities, Finance, Law; Committeeson Public Utilities, Finance.

Ord. No. 936-06.By Council Members Kelley, Cim-

perman and Sweeney (by depart-mental request).

An emergency ordinance authoriz-ing the Director of Port Control toenter into a Lease Agreement withAmerican Flyers, Inc. for the leaseof office space at Cleveland BurkeLakefront Airport, for the Depart-ment of Port Control, for a period oftwo years.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPort Control is authorized to enterinto a Lease Agreement (“Lease”)with American Flyers, Inc. (“Les-see”) for use and occupancy of ap-proximately 1,771 square feet ofoffice space located in Rooms 179,181, 193, and 194 of the terminalbuilding at Cleveland Burke Lake-front Airport (“Leased Premises”).The Leased Premises shall be usedas a flight training facility and toprovide related services to serve theair traveling public and patrons atCleveland Burke Lakefront Airport.The term of the Lease shall be fora two-year period, commencing June1, 2006. For use of the LeasedPremises, Lessee shall pay the Cityan annual fee of $22,137.50, which isequal to $12.50 per square foot. Therent shall be paid in monthly install-ments due on the first day of eachmonth during the term of the Lease.

Section 2. That the Lease autho-rized by this ordinance shall be pre-pared by the Director of Law.

Section 3. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of Port Con-trol, City Planning Commission,Finance, Law; Committees on Avia-tion and Transportation, City Plan-ning, Finance.

Ord. No. 937-06.By Council Members Kelley, Cim-

perman and Sweeney (by depart-mental request).

An emergency ordinance authoriz-ing the Director of Port Control toenter into a Lease Agreement withVinCore, LLC for the lease of officespace at Cleveland Burke LakefrontAirport, for the Department of PortControl, for a period of two years.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPort Control is authorized to enterinto a Lease Agreement (“Lease”)with VinCore, LLC (“Lessee”) foruse and occupancy of approximate-ly 513 square feet of office spacelocated in Room 182 of the terminalbuilding at Cleveland Burke Lake-front Airport (“Leased Premises”).The term of the Lease shall be fora two-year period, commencing fromthe effective date of the lease. Foruse of the Leased Premises, Lesseeshall pay the City an annual rate asdetermined by an appraisal, but inno event shall the annual rate beless than Six Thousand Four Hun-dred Twelve and 50/100 Dollars($6,412.50) which is equal to $12.50per square foot. Such rent shall bepaid in monthly installments due onthe first day of each month duringthe term of the Lease.

Section 2. The Lease authorizedby this ordinance shall be preparedby the Director of Law.

Section 3. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of Port Con-trol, City Planning Commission,Finance, Law; Committees on Avia-tion and Transportation, City Plan-ning, Finance.

Ord. No. 938-06.By Council Members Kelley and

Sweeney (by departmental request).An emergency ordinance authoriz-

ing the Director of Port Control toenter into one or more contractswithout competitive bidding withAce Janitorial and Surgical SupplyCo. for the purchase of a RosemoreInternational escalator step cleanerand necessary accessories, for theDivision of Cleveland Hopkins Inter-national Airport, Department of PortControl.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That this Council deter-mines that the within commoditiesare non-competitive and cannot besecured from any source other thanAce Janitorial and Surgical SupplyCo. Therefore the Director of Port

Control is authorized to make one ormore written contracts with AceJanitorial and Surgical Supply Co onthe basis of its proposal dated Sep-tember 2, 2005, for a Rosemore Inter-national escalator step cleaner andnecessary accessories, to be pur-chased by the Commissioner of Pur-chases and Supplies, for the Divisionof Cleveland Hopkins InternationalAirport, Department of Port Control.

Section 2. That the cost of theimprovement authorized shall bepaid from Fund No. 60 SF 001, Re-quest No. 150590.

Section 3. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of PortControl, Finance, Law; Committeeson Aviation and Transportation,Finance.

Ord. No. 939-06.By Council Members Brady and

Sweeney (by departmental request).An emergency ordinance authoriz-

ing the Director of Public Service toenter into one or more requirementcontracts without competitive bid-ding with E.J. Ward, Inc. for sparereplacement parts for the fuel con-trol terminals and for telephone con-sultation needed to maintain the ter-minals and software maintenance,for the Division of Motor VehicleMaintenance, Department of PublicService.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That this Council hasdetermined that the within com-modities are non-competitive andcannot be secured from any sourceother than E.J. Ward, Inc. There-fore, the Director of Public Serviceis authorized to make one or morewritten requirement contracts withE.J. Ward, Inc. under the Charterand the Codified Ordinances ofCleveland, Ohio, 1976, for the re-quirements for the period not toexceed one or two years for sparereplacement parts for the fuel con-trol terminals and for telephone con-sultation needed to maintain the ter-minals and software maintenance,to be purchased by the Commission-er of Purchases and Supplies on aunit basis for the Division of MotorVehicle Maintenance, Department ofPublic Service. The Director of Pub-lic Service is authorized to enterinto one or more contracts with aterm of two years instead of oneyear when there is a financialadvantage to the City. For purposesof this ordinance, a financial advan-tage shall be determined by theDirector of Public Service by com-paring the bids received for bothterms.

Section 2. That the costs of thecontract or contracts shall becharged against the proper appro-

priation accounts and the Directorof Finance shall certify the amountof the initial purchase, which pur-chase, together with all later pur-chases, shall be made on order ofthe Commissioner of Purchases andSupplies under a requisition againstthe contract or contracts certified bythe Director of Finance. (RL 161661)

Section 3. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of PublicService, Finance, Law; Committeeson Public Service, Finance.

Ord. No. 940-06.By Council Members Santiago,

Pierce Scott, Brady, Cimperman andSweeney (by departmental request).

An emergency ordinance deter-mining the method of making thepublic improvement of removing andreplacing the refrigerated coolers atthe West and East Side Markets andauthorizing the Director of PublicService to enter into one or morepublic improvement requirementcontracts for the making of theimprovement.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That, under Section 167of the Charter of the City of Cleve-land, this Council determines tomake the public improvement ofremoving and replacing the refrig-erated coolers at the West and EastSide Markets for the Department ofParks, Recreation and Properties(the “Improvement”), for the Divi-sion of Architecture, Department ofPublic Service, by one or more con-tracts duly let to the lowest respon-sible bidder or bidders after com-petitive bidding for a gross price forthe Improvement.

Section 2. That the Director ofPublic Service is authorized to enterinto one or more contracts for themaking of the Improvement withthe lowest responsible bidder or bid-ders after competitive bidding for agross price for the Improvement,provided, however, that each sepa-rate trade and each distinct compo-nent part of the Improvement maybe treated as a separate improve-ment, and each, or any combination,of the trades or components may bethe subject of a separate contractfor a gross price. On request of theDirector the contractor shall furnisha correct schedule of unit prices,including profit and overhead, forall items constituting units of theImprovement.

Section 3. That the cost of the con-tracts authorized shall be paid fromFund Nos. 01-700100-693000, 11 SF006, 20 SF 362, 20 SF 371, 20 SF 381,20 SF 391, 20 SF 503, and from thefund or funds to which are creditedthe proceeds from the sale of futuregeneral obligation bonds which are

May 24, 2006 The City Record 5

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designated for this purpose, if theCity sells such bonds, and from anyother funds appropriated for thispurpose, Request No. 156198.

Section 4. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of PublicService, City Planning Commission,Finance, Law; Committees on PublicService, City Planning, Finance.

Ord. No. 941-06.By Council Members Britt and

Sweeney (by departmental request).An emergency ordinance authoriz-

ing the Director of Public Health toaccept a grant from the Ohio Envi-ronmental Protection Agency forfinancial assistance for the opera-tion of the Division of Air Quality;authorizing the Director to enterinto one or more purchase contractsfor various services, equipment andsupplies; and authorizing the direc-tor to enter into one or more con-tracts with various agencies or enti-ties necessary to operate the Divi-sion of Air Quality.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPublic Health is authorized toaccept a grant in the approximateamount of $2,941,234, and any otherfunds that become available duringthe grant term, from the Ohio Envi-ronmental Protection Agency forfinancial assistance for the opera-tion of the Division of Air Qualityin accordance with the purposes setforth in the summary; that theDirector of Public Health is autho-rized to file all papers and executeall documents necessary to receivethe funds under the grant; and thatthe funds are appropriated for thepurposes in the summary for thegrant.

Section 2. That the summary forthe grant, File No. 941-06-A, made apart as if fully rewritten herein, aspresented to the Finance Committeeof this Council at the public hearingon this legislation and shall not bechanged without additional legisla-tive authority, is approved in allrespects, including the obligation ofthe City of Cleveland to providecash matching funds in the sum of$286,000, from Fund No. 01-500701-639905, in order the receive thegrant from the Ohio EnvironmentalProtection Agency, as a pass-through from the U.S. Environmen-tal Protection Agency.

Section 3. That the Director ofPublic Health is authorized tomake one or more written require-ment contracts under the Charterand the Codified Ordinances ofCleveland, Ohio, 1976, for therequirements for the grant periodof the necessary items of services,equipment, and supplies needed as

described in the file, to be pur-chased by the Commissioner of Pur-chases and Supplies upon a unitbasis for the Division of Air Qual-ity, Department of Public Health.Bids shall be taken in a mannerthat permits an award to be madefor all items as a single contract,or by separate contract for each orany combination of the items as theBoard of Control determines. Alter-nate bids for a period less than thegrant term may be taken if deemeddesirable by the Commissioner ofPurchases and Supplies until provi-sion is made for the requirementsfor the entire term.

Section 4. That the costs of thecontract or contracts shall becharged against the proper appro-priation accounts and the Directorof Finance shall certify the amountof the initial purchase, which pur-chase, together with all later pur-chases, shall be made on order ofthe Commissioner of Purchases andSupplies under a requisition againstthe contract or contracts certified bythe Director of Finance.

Section 5. That the Director ofPublic Health is authorized to makeone or more written contracts underthe Charter and the Codified Ordi-nances of Cleveland, Ohio, 1976, foreach or all of the following itemsduring the term of the grant: vari-ous types of monitoring equipment,OEPA-required equipment, and theirassociated parts, to be purchased bythe Commissioner of Purchases andSupplies on a unit basis, for theDivision of air quality, Departmentof Public Health.

Section 6. That under Section108(b) of the Charter, the purchasesauthorized by this ordinance may bemade through cooperative agree-ments using state procedures. TheDirector of Public Health may signall documents with the State of Ohioor any of its political subdivisionsthat are necessary to make the pur-chases, and may enter into one ormore contracts with the vendorsselected through that cooperativeprocess.

Section 7. That the Director ofPublic Health is authorized to enterinto one or more contracts with oneor more various entities or agenciesto implement the grant as describedin the file.

Section 8. That the cost of the con-tracts authorized by this ordinanceshall be paid from the fund or fundswhich are credited the grant pro-ceeds accepted under this ordinanceand from Fund No. 01-500701-639905.

Section 9. That the Director ofPublic Health shall have the author-ity to extend the term of the grantduring the grant term.

Section 10. That the Director ofPublic Health shall deposit thegrant accepted under this ordinanceinto a fund or funds designated bythe Director of Finance to imple-ment the program as described inthe file and appropriated for thatpurpose.

Section 11. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise it

shall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of PublicHealth, Finance, Law; Committeeson Health and Human Services,Finance.

Ord. No. 942-06.By Council Members Britt and

Sweeney (by departmental request).An emergency ordinance authoriz-

ing the Director of Public Health toapply for and accept a grant fromthe Cuyahoga County Office of Pro-curement and Diversity for the Getthe Lead Out – Protecting Childrenfrom the Dangers of Lead PoisoningProgram under the Limited Assess-ment Minor Repair Initiative; autho-rizing the purchase by one or morerequirement contracts of materials,equipment, or supplies needed toimplement the grant; authorizing acontract with Maytag dba HooverSales and Services for vacuums;authorizing the Director to employone or more professional consultantsto perform environmental assess-ments; and authorizing one or morecontracts with various agencies,entities, or individuals to implementthe grant.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPublic Health is authorized to applyfor and accept a grant in theapproximate amount of $854,525, andany other funds that may becomeavailable during the grant termfrom the Cuyahoga County Office ofProcurement and Diversity to con-duct the Get the Lead Out – Pro-tecting Children from the Dangersof Lead Poisoning Program underthe Limited Assessment MinorRepair Initiative (LAMRI); that theDirector is authorized to file allpapers and execute all documentsnecessary to receive the funds underthe grant; and that the funds areappropriated for the purposesdescribed in the summary for thegrant contained in the file describedbelow.

Section 2. That the summary forthe grant, File No. 942-06-A, made apart of this ordinance as if fullyrewritten, as presented to theFinance Committee of this Councilat the public hearing on this legis-lation, is approved in all respectsand shall not be changed withoutadditional legislative authority.

Section 3. That the Director ofPublic Health shall have the author-ity to extend the term of the grantduring the grant term.

Section 4. That the Director ofPublic Health shall deposit thegrant accepted under this ordinanceinto a fund or funds designated bythe Director of Finance to imple-ment the program as described inthe file and appropriated for thatpurpose.

Section 5. That the Director ofPublic Health is authorized to makeone or more written requirementcontracts under the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for the requirements dur-

6 The City Record May 24, 2006

980

ing the grant term of the necessaryitems of materials, equipment, orsupplies needed to implement thegrant, in the approximate amount aspurchased during the precedingterm, to be purchased by the Com-missioner of Purchases and Supplieson a unit basis for the Departmentof Public Health. Bids shall betaken in a manner that permits anaward to be made for all items asa single contract, or by separatecontract for each or any combina-tion of the items as the Board ofControl determines. Alternate bidsfor a period less than the specifiedterm may be taken if desired by theCommissioner of Purchases and Sup-plies until provision is made for therequirements for the entire term.

Section 6. That the costs of thecontract or contracts shall becharged against the proper appro-priation accounts and the Directorof Finance shall certify the amountof the initial purchase, which pur-chase, together with all later pur-chases, shall be made on order ofthe Commissioner of Purchases andSupplies under a requisition againstthe contract or contracts certified bythe Director of Finance.

Section 7. That under Section108(b) of the Charter, the purchasesauthorized by this ordinance may bemade through cooperative agree-ments using state procedures. TheDirector of Public Health may signall documents with the State of Ohioor any of its political subdivisionsthat are necessary to make the pur-chases, and may enter into one ormore contracts with the vendorsselected through that cooperativeprocess.

Section 8. That this Council deter-mines that the within commoditiesare non-competitive and cannot besecured from any source other thanMaytag dba Hoover Sales and Ser-vices. Therefore the Director of Pub-lic Health is authorized to make oneor more written contracts, duringthe term of the grant, with Maytagdba Hoover Sales and Services, forhypoallergenic HEPA vacuums, tobe purchased by the Commissionerof Purchases and Supplies, for agross price for the Department ofPublic Health.

Section 9. That the Director ofPublic Health is authorized toemploy by contract or contracts oneor more consultants or one or morefirms of consultants for the purposeof supplementing the regularlyemployed staff of the several depart-ments of the City of Cleveland inorder to provide professional ser-vices necessary to perform environ-mental assessments.

The selection of the consultantsfor the services shall be made bythe Board of Control on the nomi-nation of the Director of PublicHealth from a list of qualified con-sultants available for employmentas may be determined after a fulland complete canvass by the Direc-tor of Public Health for the purposeof compiling a list. The compensa-tion to be paid for the services shallbe fixed by the Board of Control.The contract or contracts authorizedshall be prepared by the Director ofLaw, approved by the Director ofPublic Health, and certified by theDirector of Finance.

Section 10. That the Director ofPublic Health is authorized to enterinto one or more contracts withagencies, entities, or individuals toimplement the grant as described inthe file.

Section 11. That the costs of thecontract or contracts authorized bythis ordinance shall be paid fromthe fund or funds to which are cred-ited the grant proceeds acceptedunder this ordinance.

Section 12. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of PublicHealth, Finance, Law; Committeeson Health and Human Services,Finance.

Ord. No. 943-06.By Council Members Britt and

Sweeney (by departmental request).An emergency ordinance authoriz-

ing the Director of Public Health toapply for and accept a grant fromthe United States Conference ofMayors for the Cities for United Sci-ence Progress Program; to enter intoone or more contracts with variousagencies, entities or individuals; andauthorizing the director to enterinto one or more requirement con-tracts necessary to implement thegrant.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPublic Health is authorized to applyfor and accept a grant in theapproximate amount of $175,000 andany other funds that may becomeavailable during the grant term,from the United States Conferenceof Mayors to conduct the Cities forUnited Science Progress Program;that the Director of Public Health isauthorized to file all papers andexecute all documents necessary toreceive the funds under the grant;and that the funds are appropriatedfor the purposes set forth in thesummary for the grant contained inthe file described below.

Section 2. That the summary forthe grant, File No. 943-06-A, made apart of this ordinance as if fullyrewritten, as presented to theFinance Committee of this Councilat the public hearing on this legis-lation and shall not be changedwithout additional legislative author-ity, is approved in all respects.

Section 3. That the Director ofPublic Health shall have the author-ity to extend the term of the grantduring the grant term.

Section 4. That the Director ofPublic Health shall deposit thegrant accepted under this ordinanceinto a fund or funds designated bythe Director of Finance to imple-ment the program as described inthe file and appropriated for thatpurpose.

Section 5. That the Director ofPublic Health is authorized to enterinto one or more contracts with var-ious agencies, entities or individualsto implement the program asdescribed in the file.

Section 6. That the Director ofPublic Health is authorized tomake one or more written require-ment contracts under the Charterand the Codified Ordinances ofCleveland, Ohio, 1976, for the re-quirements of equipment and sup-plies necessary to implement theprogram as described in the file.Bids shall be taken in a mannerthat permits an award to be madefor all items as a single contract,or by separate contract for each orany combination of the items as theBoard of Control shall determine.Alternate bids for a period lessthan the grant term may be takenif desired by the Commissioner ofPurchases and Supplies until provi-sion is made for the requirementsfor the entire term.

Section 7. That the costs of thecontracts authorized by this ordi-nance shall be charged against theproper appropriation accounts andthe Director of Finance shall certi-fy the amount of the initial pur-chase, which purchase, togetherwith all later purchases, shall bemade on order of the Commissionerof Purchases and Supplies under arequisition against the contract orcontracts certified by the Director.

Section 8. That under Section108(b) of the Charter, the purchasesauthorized by this ordinance may bemade through cooperative agree-ments using state procedures. TheDirector of Public Health may signall documents with the State of Ohioor any of its political subdivisionsthat are necessary to make the pur-chases, and may enter into one ormore contracts with the vendorsselected through that cooperativeprocess.

Section 9. That the cost of the con-tract or contracts shall be paid fromthe fund or funds to which are cred-ited the grant proceeds acceptedunder this ordinance.

Section 10. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of PublicHealth, Finance, Law; Committeeson Health and Human Services,Finance.

Ord. No. 944-06.By Council Members Britt and

Sweeney (by departmental request).An emergency ordinance authoriz-

ing the Director of Public Health toenter into one or more contractswithout competitive bidding withSimplex Grinnell to test, repair, andmaintain the electronic security sys-tem, including but not limited to theelectronic security panels, the closedcircuit T.V. communication devices,and the fire alarm system, for theDivision of Correction, Departmentof Public Health.

May 24, 2006 The City Record 7

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Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That this Council deter-mines that the within commoditiesare non-competitive and cannot besecured from any source other thanSimplex Grinnell. Therefore, theDirector of Public Health is autho-rized to make one or more writtencontracts with Simplex Grinnell onthe basis of its proposal datedMarch 20, 2006, to test, repair, andmaintain the electronic security sys-tem, including but not limited to theelectronic security panels, the closedcircuit T.V. communication devices,and the fire alarm system, to be pur-chased by the Commissioner of Pur-chases and Supplies on a unit basis,for the Division of Correction,Department of Public Health for aperiod of one year.

Section 2. That the cost of the con-tract or contracts authorized shallbe paid from Fund No. 01-500301-661200, Request No. 149814.

Section 3. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of PublicHealth, Finance, Law; Committeeson Health and Human Services,Finance.

Ord. No. 945-06.By Council Members Britt, Pierce

Scott and Sweeney (by departmentalrequest).

An emergency ordinance authoriz-ing the Directors of Public Healthand Community Development toenter into contracts with variousagencies or entities to provide AIDS-related services, in conjunction withthe HOPWA Grant.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Directors ofPublic Health and Community De-velopment, as appropriate, are autho-rized to enter into one or more con-tracts with various agencies or enti-ties to provide AIDS-related servicesin conjunction with Housing Oppor-tunities for People With AIDS(HOPWA) Grant, under File No. 945-06-A, and in addition, the sum of notmore than $24,000.00 is appropriatedto the Department of Public Healthfor administrative costs of imple-menting the HOPWA program. Anyagency or entity that receives fundsunder this ordinance shall be re-quired to comply with the evaluationservices provided by Cleveland StateUniversity’s School of Social Work.

Section 2. That the Director ofPublic Health and the Director ofCommunity Development are autho-rized to enter into a memorandum

of understanding for this programunder the terms authorized by thislegislation.

Section 3. That the costs of thecontracts authorized above are ap-propriated for costs of the De-partment of Public Health incurredfrom Fund 19 following the appro-priate federal regulations and shallnot exceed $926,000 and shall bepaid from Fund Nos. 13 SF 238 and19 SF 602, Request No. 149827.

Section 4. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of PublicHealth, Community Development,Finance, Law; Committees onHealth and Human Services, Com-munity and Economic Development,Finance.

Ord. No. 946-06.By Council Members Britt, Cleve-

land and Sweeney (by departmentalrequest).

An emergency ordinance to sup-plement the Codified Ordinances ofCleveland, Ohio, 1976, by enactingnew Sections 234.01, 234.02, and234.99 relating to construction anddemolition debris landfill tippingfees.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Codified Ordi-nances of Cleveland, Ohio, 1976, aresupplemented by enacting new Sec-tions 234.01, 234.02, and 234.99 toread as follows:

CHAPTER 234Construction and DemolitionDebris Landfill Tipping Fees

Section 234.01 Definitions(a) “Construction and Demolition

Debris Facility,” means a construc-tion and demolition debris facilitylicensed under Section 3714.06 of theRevised Code.

Section 234.02 Fee(a) Each Construction and Demo-

lition Debris Facility owner or oper-ator shall pay a fee of $0.30 for eachcubic yard of construction and demo-lition debris disposed of within theCity.

(b) Each Construction and Demo-lition Debris Facility operator shallrecord each load of construction anddemolition debris material disposedof at their facility on an Ohio Envi-ronmental Protection Agency dailylog form. The amount of materialshall be recorded in either yards ortons. Any material recycled from theconstruction and demolition debrisloads shall not be assessed the tip-ping fee provided that the Con-struction and Demolition DebrisFacility operator maintains docu-mentation on the amount of recycledmaterial.

(c) Each construction and demoli-tion debris landfill operator shallmake monthly payment to the Direc-tor of Public Health, or hisdesignee, based on the amount ofmaterial in yards disposed of duringthe month multiplied by the currenttipping fee. If construction anddemolition debris is recorded intons, a conversion factor of twoyards equals on ton shall be used todetermine the yardage. Paymentshall be made to the Director ofPublic Health within thirty days ofthe end of each month.

(d) Tipping fees collected underthis section shall be deposited in afund and sub-fund designated by theDirector of Finance for the purposeof administering the Department ofPublic Health’s construction anddemolition debris landfill regulatoryprogram. The funds are appropriat-ed for that purpose.

Section 234.99 PenaltyAny construction and demolition

debris landfill owner or operatorwho fails to comply with any pro-vision of this Chapter is guilty of amisdemeanor of the first degreeeach day of violation is a separateoffense.

Section 2. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of PublicHealth, Finance, Law; Committeeson Health and Human Services, Leg-islation, Finance.

Ord. No. 947-06.By Council Members Cimperman,

Johnson and Sweeney (by depart-mental request).

An emergency ordinance authoriz-ing the Director of Parks, Recre-ation and Properties to enter into anagreement for the bulk sale of park-ing spaces in the Gateway NorthParking Garage for a period of twoyears.

Whereas, the City of Clevelandowns certain property known as theGateway North Parking Garage toserve the needs of the public by pro-viding parking in and at the vicin-ity of the Gateway sports complex;and

Whereas, the Cleveland IndiansBaseball Company Limited Partner-ship, an Ohio limited partnership,has proposed to obtain bulk parkingspaces in the blocks of 150 spacesfor use of its vendors and supplierson game days; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofParks, Recreation and Properties isauthorized to enter into an agree-ment to sell bulk parking spaces inblocks of 150 spaces to the ClevelandIndians Baseball Company LimitedPartnership, an Ohio limited part-

8 The City Record May 24, 2006

982

nership, for two consecutive seasons,including post-seasons if applicable,commencing with the 2006 season;and terminable by either party with-in 30 days after the conclusion of the2006 regular season.

Section 2. That the propertydescribed above shall be sold at therate of $450.00 for each block of 150spaces for each game day.

Section 3. That the agreement shallbe prepared by the Director of Law.

Section 4. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of Parks,Recreation and Properties, Finance,Law; Committees on Public Parks,Property and Recreation, Finance.

Ord. No. 948-06.By Council Members Pierce Scott,

Britt and Sweeney (by departmentalrequest).

An emergency ordinance authoriz-ing the Directors of CommunityDevelopment and Public Health toenter into contracts with variousagencies or entities to provide AIDS-related services.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPublic Health and the Director ofCommunity Development, as appro-priate, are authorized to enter intocontracts with various agencies orentities to provide HIV/AIDS pre-vention, education, under File No.948-06-A, and in addition, the sum ofnot more than $110,000 is appropri-ated to the Department of PublicHealth for administrative costs ofimplementing the contracts autho-rized by this ordinance. Any agencyor entity that receives funds underthis ordinance shall be required tocomply with the evaluation servicesprovided by Cleveland State Univer-sity’s School of Social Work.

Section 2. That the Director ofPublic Health and the Director ofCommunity Development are autho-rized to enter into a memorandumof understanding for this programin accordance with the terms autho-rized by this legislation.

Section 3. That the cost of the con-tracts authorized are appropriatedfor costs of the Department of Pub-lic Health incurred from Fund 19following the appropriate federalregulations and shall not exceed$525,000 and shall be paid fromFund Nos. 14 SF 032 and 14 SF 031,Request No. 149826.

Section 4. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of Commu-nity Development, Public Health,Finance, Law; Committees on Com-munity and Economic Develop-ment, Health and Human Services,Finance.

Ord. No. 949-06.By Council Member Lewis.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located at 1198 East 84th Streetto Robert L. McDuffie II.

Whereas, the City of Clevelandhas elected to adopt and implementthe procedures under Chapter 5722of the Ohio Revised Code to facili-tate reutilization of nonproductivelands situated within the City ofCleveland; and

Whereas, real property acquiredunder the City’s Land ReutilizationProgram is acquired, held, adminis-tered and disposed of by the City ofCleveland through its Department ofCommunity Development under theterms of Chapter 5722 of the OhioRevised Code and Section 183.021 ofCodified Ordinances of the City ofCleveland, 1976; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 107-09-158,as more fully described below, toRobert L. McDuffie II.

Section 2. That the real propertyto be sold pursuant to this ordinanceis more fully described as follows:

P. P. No. 107-09-158Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio, and known as being Sublot No.18 in A. Poelking’s Subdivision ofpart of Original One Hundred AcreLot No. 383, as shown by the record-ed plat in Volume 23 of Maps, Page11 of Cuyahoga County Records, andbeing 35 feet front on the Westerlyside of East 84th Street, and extend-ing back 104.66 feet on the Norther-ly line, 104.68 feet on the Southerlyline, and having a rear line of 35feet, as appears by said plat, be thesame more or less, but subject to alllegal highways.

Section 3. That all documents nec-essary to complete the conveyanceauthorized by this ordinance shallbe executed within six (6) monthsof the effective date of this ordi-nance. If all of the documents arenot executed within six (6) monthsof the effective date of this ordi-nance, or such additional time asmay be granted by the Director ofCommunity Development, this ordi-nance shall be repealed and shall beof no further force or effect.

Section 4. That the considerationfor the subject parcel shall be estab-lished by the Board of Control andshall be not less than Fair MarketValue taking into account suchterms and conditions, restrictionsand covenants as are deemed nec-essary or appropriate.

Section 5. That the conveyanceauthorized hereby shall be made byofficial deed prepared by the Direc-tor of Law and executed by theMayor on behalf of the City ofCleveland. The deed shall containsuch provisions as may be necessaryto protect and benefit the publicinterest including such restrictivecovenants and reversionary inter-ests as may be specified by theBoard of Control, the Director ofCommunity Development or theDirector of Law.

Section 6. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of Commu-nity Development, City PlanningCommission, Finance, Law; Commit-tees on Community and EconomicDevelopment, Finance.

Ord. No. 950-06.By Council Member Lewis.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located on Linwood Avenue toArtist Duncan and Phyllis Duncan.

Whereas, the City of Clevelandhas elected to adopt and implementthe procedures under Chapter 5722of the Ohio Revised Code to facili-tate reutilization of nonproductivelands situated within the City ofCleveland; and

Whereas, real property acquiredunder the City’s Land ReutilizationProgram is acquired, held, adminis-tered and disposed of by the City ofCleveland through its Department ofCommunity Development under theterms of Chapter 5722 of the OhioRevised Code and Section 183.021 ofCodified Ordinances of the City ofCleveland, 1976; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 106-12-025,106-12-026 and 106-12-014, as morefully described below, to Artist Dun-can and Phyllis Duncan.

Section 2. That the real propertyto be sold pursuant to this ordinanceis more fully described as follows:

P. P. No. 106-12-025Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio, and known as being theNortherly 80 feet of Sublot Nos. 18and 19 in J.H. Salsibury’s Subdivi-sion of part of Original One Hun-dred Acre Lot No. 341 as shown bythe recorded plat in Volume 3 ofMaps, Page 43 of Cuyahoga CountyRecords. and being 66 feet front onthe Southerly side of Linwood Ave-nue, N.E., and extending back ofequal width 80 feet as appears bysaid plat, be the same more or less,but subject to all legal highways.

May 24, 2006 The City Record 9

983

P. P. No. 106-12-026Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio, and known as being theNortherly 80 feet of Sublot Nos. 20and 21 in J.H. Salisbury Subdivisionof part of Original One HundredAcre Lot No. 341, as shown by therecorded plat in Volume 3 of Maps,Page 43 of Cuyahoga CountyRecords, together forming a parcelof land 80 feet front on the Wester-ly side of East 66th Street (former-ly Dunham Avenue) and extendingback 66.75 feet on the Northerly line,which is also the Southerly side ofLinwood Avenue, N.E., 66.75 feet onthe Southerly line and having a rearline of 80 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.

P. P. No. 106-12-014Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio, and known as being theSoutherly 45 feet of Sublot Nos. 18,19, 20 and 21, in J.H. Salisbury’s Sub-division of part of Original OneHundred Acre Lot No. 341 as shownby the recorded plat in Volume 3 ofMaps, Page 43 of Cuyahoga CountyRecords, and together forming aparcel of land having a frontage of45 feet on the Westerly side of East66th Street (formerly Dunham Ave-nue) and extending back betweenparallel lines 132 feet 9 inches par-allel with the Southerly line of Lin-wood Avenue, N.E., as appears bysaid plat, be the same more or less,but subject to all legal highways.

Subject to zoning ordinances, ifany.

Section 3. That all documents nec-essary to complete the conveyanceauthorized by this ordinance shallbe executed within six (6) monthsof the effective date of this ordi-nance. If all of the documents arenot executed within six (6) monthsof the effective date of this ordi-nance, or such additional time asmay be granted by the Director ofCommunity Development, this ordi-nance shall be repealed and shall beof no further force or effect.

Section 4. That the considerationfor the subject parcel shall be estab-lished by the Board of Control andshall be not less than Fair MarketValue taking into account suchterms and conditions, restrictionsand covenants as are deemed nec-essary or appropriate.

Section 5. That the conveyanceauthorized hereby shall be made byofficial deed prepared by the Direc-tor of Law and executed by theMayor on behalf of the City ofCleveland. The deed shall containsuch provisions as may be necessaryto protect and benefit the publicinterest including such restrictivecovenants and reversionary inter-ests as may be specified by theBoard of Control, the Director ofCommunity Development or theDirector of Law.

Section 6. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of Commu-nity Development, City PlanningCommission, Finance, Law; Commit-tees on Community and EconomicDevelopment, Finance.

Ord. No. 951-06.By Council Member Cleveland.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located on Kinsman Road andEast 90th Street to Burten, Bell,Carr Development, Inc.

Whereas, the City of Clevelandadopted and implemented proce-dures under Chapter 5722 of theOhio Revised Code to facilitatereutilization of nonproductive landssituated within the City of Cleve-land; and

Whereas, real property acquiredunder the City’s Land ReutilizationProgram is acquired, held, adminis-tered and disposed of by the City ofCleveland through its Department ofCommunity Development under theterms of Chapter 5722 of the OhioRevised Code and Section 183.021 ofCodified Ordinances of the City ofCleveland, 1976; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 127-10-006 asmore fully described below, toBurten, Bell, Carr Development, Inc.

Section 2. That the real propertyto be sold pursuant to Section 1 ofthis Ordinance is more fullydescribed as follows:

P. P. No. 127-10-006Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio, and known as being all ofSublot No. 25 and the Northwesterly6 feet of Sublot No. 26 in JohnRock’s Subdivision of part of Origi-nal One Hundred Acre Lot No. 432as shown by the recorded plat ofsaid Subdivision in Volume 14 ofMaps, Page 23 of Cuyahoga CountyRecords. Said Sublot No. 25 and partof Sublot No. 26, together form aparcel of land having a frontage of36 feet on the Southwesterly side ofKinsman Road, S.E., and extendingback between parallel lines 150 feetas appears by said plat, be the samemore or less, but subject to all legalhighways.

Section 3. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 127-10-007 asmore fully described below toBurten, Bell, Carr Development, Inc.

Section 4. That the real propertyto be sold pursuant to this Ordi-nance is more fully described as fol-lows:

P. P. No. 127-10-007Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio and known as being Sublot No.24 and the Easterly 18 feet of SublotNo. 23 in John Rock’s Subdivision of

part of Original One Hundred AcreLot No. 432, as shown by the record-ed plat in Volume 14 of Maps, Page23 of Cuyahoga County Records andtogether forming a parcel of land 48feet front on the Southerly side ofKinsman Road, S.E. and extendingback between parallel lines 150 feetdeep, as appears by said plat, be thesame more or less, but subject to alllegal highways.

Also subject to zoning ordinances,if any.

Section 5. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 127-10-014 asmore fully described below, toBurten, Bell, Carr Development, Inc.

Section 6. That the real propertyto be sold pursuant to this Ordi-nance is more fully described as fol-lows:

P. P. No. 127-10-014Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio, and known as being SublotsNos. 15 and 16 in John Rock’s Sub-division of part of Original OneHundred Acre Lot No. 432, as shownby the recorded plat in Volume 14of Maps, Page 23 of Cuyahoga Coun-ty Records, and together forming aparcel of land 60 feet front on theSouthwesterly side of KinsmanStreet, S.E., and extending backingof equal width 150 feet, as appearsby said plat, be the same more orless, but subject to all legal high-ways.

Subject to Easement recorded inVolume 13858, Page 293 of CuyahogaCounty Records.

Easement for State of Ohio, datedJuly 25, 1975, recorded July 31, 1975at 11:18 a.m. in Volume 13858, Page293 of Cuyahoga County Records,affects premises shown as Schedule“A” and more land.

For further conditions, see record.Subject to Zoning Ordinances, if

any.Section 7. That pursuant to Sec-

tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 127-10-046 asmore fully described, to Burten, Bell,Carr Development, Inc.

Section 8. That the real propertyto be sold pursuant to this Ordi-nance is more fully described as fol-lows:

P. P. No. 127-10-046Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio and known as being part ofSublot No. 61 in John Rock’s Subdi-vision of part of Original One Hun-dred Acre Lot No. 432, as shown bythe recorded plat in Volume 14 ofMaps, Page 23 of Cuyahoga CountyRecords and being 30 feet front onthe Easterly side of East 90thStreet, and extending back of equalwidth 120 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.

Also subject to zoning ordinances,if any.

Section 9. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sell

10 The City Record May 24, 2006

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Permanent Parcel No. 127-10-047 asmore fully described below, toBurten, Bell, Carr Development, Inc.

Section 10. That the real propertyto be sold pursuant to this Ordi-nance is more fully described as fol-lows:

P. P. No. 127-10-047Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio and known as being part ofSublot No. 60 in the John Rock’sSubdivision of part of Original OneHundred Acre Lot No. 432, as shownby the recorded plat in Volume 14of Maps, Page 23 of Cuyahoga Coun-ty Records and being a parcel ofland 30 feet front on the Easterlyside of East 90th Street, and extend-ing back of equal width 120 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways.

Also subject to zoning ordinances,if any.

Section 11. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 127-10-053 asmore fully described below, toBurten, Bell, Carr Development, Inc.

Section 12. That the real propertyto be sold pursuant to this Ordi-nance is more fully described as fol-lows:

P. P. No. 127-10-053Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio and known as being part ofOriginal One Hundred Acre Lot No.432, bounded and described as fol-lows:

Beginning on the Easterly side ofEast 90th Street, at the Northwest-erly corner of a parcel of land con-veyed to Augusta Hinze by deeddated May 26, 1928 and recorded inVolume 3599, Page 331 of CuyahogaCounty Records; thence along theNortherly line of said land, 116.14feet to a point in the Southerly lineof Sublot No. 15 in John Rock’s Sub-division, as shown by the recordedplat in Volume 14 of Maps, Page 23of Cuyahoga County Records; thenceWesterly along the Southerly line ofsaid Sublot No. 15, and along theSoutherly line of land conveyed toBen Savren by deed dated January22, 1952 and recorded in Volume7440, Page 341 of Cuyahoga CountyRecords, about 120.25 feet to theNortheasterly corner of a parcel ofland conveyed to the State of Ohioby deed dated July 25, 1975 andrecorded in Volume 13858, Page 293of Cuyahoga County Records; thenceSoutherly along the Easterly line ofparcel so conveyed 42.93 feet to theplace of beginning, be the samemore or less, but subject to all legalhighways.

Also subject to zoning ordinances,if any.

Section 13. That all documents nec-essary to complete the conveyanceauthorized by this ordinance shall beexecuted within six (6) months ofthe effective date of this ordinance.If all of the documents are not exe-cuted within six (6) months of theeffective date of this ordinance, orsuch additional time as may begranted by the Director of Commu-nity Development, this ordinanceshall be repealed and shall be of nofurther force or effect.

Section 14. That the considerationfor the subject parcel shall be estab-lished by the Board of Control andshall be not less than Fair MarketValue taking into account suchterms and conditions, restrictionsand covenants as are deemed nec-essary or appropriate.

Section 15. That the conveyanceauthorized hereby shall be made byofficial deed prepared by the Direc-tor of Law and executed by theMayor on behalf of the City ofCleveland. The deed shall containsuch provisions as may be necessaryto protect and benefit the publicinterest including such restrictivecovenants and reversionary inter-ests as may be specified by theBoard of Control, the Director ofCommunity Development or theDirector of Law.

Section 16. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of Commu-nity Development, City PlanningCommission, Finance, Law; Commit-tees on Community and EconomicDevelopment, Finance.

Ord. No. 952-06.By Council Members Britt and

Conwell.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located at 8010 and 8006Townsend Avenue and 463 East117th Street to Greater ClevelandHabitat for Humanity.

Whereas, the City of Clevelandhas elected to adopt and implementthe procedures under Chapter 5722of the Ohio Revised Code to facili-tate reutilization of nonproductivelands situated within the City ofCleveland; and

Whereas, real property acquiredunder the City’s Land ReutilizationProgram is acquired, held, adminis-tered and disposed of by the City ofCleveland through its Department ofCommunity Development under theterms of Chapter 5722 of the OhioRevised Code and Section 183.021 ofCodified Ordinances of the City ofCleveland, 1976; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 126-01-167,126-01-168 and 111-06-077, as morefully described below, to GreaterCleveland Habitat for Humanity.

Section 2. That the real propertyto be sold pursuant to this ordinanceis more fully described as follows:

P. P. No. 126-01-167Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio, and known as being Sublot No.

41 in Rogers, O’Brien, McNamaraand McGinness’ Allotment of part ofOriginal One Hundred Acre Lot No.415, as shown by the recorded platin Volume 4 of Maps, Page 9 ofCuyahoga County Records, andbeing 40 feet front on the Southerlyside of Townsend Avenue, S.E. andextending back of equal width 150feet deep, be the same more or less,but subject to all legal highways.

P. P. No. 126-01-168Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio and known as being Sublot No.40 in Rogers, O’Brien, McNamaraand McGinnis’ Allotment of part ofOriginal One Hundred Acre Lot No.415, as shown by the recorded platin Volume 4 of Maps, Page 9 ofCuyahoga County Records andbeing 40 feet front on the Southerlyside of Townsend Avenue S.E. andextending back of equal width 150feet, as appears by said plat, be thesame more or less, but subject to alllegal highways.

Also subject to zoning ordinances,if any.

P. P. No. 111-06-077Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio, and known as being part ofOriginal One Hundred Acre Lot No.363 and bounded and described asfollows:

Beginning at a point on the East-erly line of the first parcel of landconveyed by Noah S. Good and wife,to the City of Cleveland by deeddated September 8, 1917 and record-ed in Volume 2019, Page 42 of Cuya-hoga County Records, 43.80-2/3 feetSoutherly from its intersection withthe Southerly line of the second par-cel of land conveyed by said deed tothe City of Cleveland, whichSoutherly line is also the Southerlyline of Sellers Avenue, N.E., pro-posed; thence Southerly along theEasterly line of aforesaid, whichEasterly line is also the Easterlyline of the proposed extension North-erly of East 117th Street, 43.80-2/3feet to a point; thence Easterly par-allel with the Southerly line of Sell-ers Avenue, N.E., proposed about110.80 feet to the Westerly line of aparcel of land conveyed by Noah S.Good and wife to J.H. and M.C.Eberwein by deed dated June 6, 1919and recorded in Volume 2243, Page354 of Cuyahoga County Records,which Westerly line is 10 feet West-erly at right angles from the East-erly line of Original Lot No. 363;thence Northerly along the Wester-ly line of land so conveyed to Eber-wein and the Westerly line of theland conveyed by Noah S. Good andwife to F.E. and M.L. Miller by deeddated June 6, 1919 and recorded inVolume 2243, Page 353 of CuyahogaCounty Records 16.61-1/3 feet to theNorthwesterly corner of land so con-veyed to Miller; thence Easterlyalong the Northerly line of land soconveyed to Miller; 10 feet to theEasterly line of Original One Hun-dred Acre Lot No. 363; thenceNortherly along the Easterly line ofsaid Original Lot, 27.19-1/3 feet to apoint; thence Westerly parallel withthe Southerly line of the second par-cel of land conveyed to the City ofCleveland as aforesaid, about 120.00feet to the place of beginning.

Section 3. That all documents nec-essary to complete the conveyance

May 24, 2006 The City Record 11

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authorized by this ordinance shallbe executed within six (6) monthsof the effective date of this ordi-nance. If all of the documents arenot executed within six (6) monthsof the effective date of this ordi-nance, or such additional time asmay be granted by the Director ofCommunity Development, this ordi-nance shall be repealed and shall beof no further force or effect.

Section 4. That the considerationfor the subject parcel shall be estab-lished by the Board of Control andshall be not less than Fair MarketValue taking into account suchterms and conditions, restrictionsand covenants as are deemed nec-essary or appropriate.

Section 5. That the conveyanceauthorized hereby shall be made byofficial deed prepared by the Direc-tor of Law and executed by theMayor on behalf of the City ofCleveland. The deed shall containsuch provisions as may be necessaryto protect and benefit the publicinterest including such restrictivecovenants and reversionary inter-ests as may be specified by theBoard of Control, the Director ofCommunity Development or theDirector of Law.

Section 6. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of Commu-nity Development, City PlanningCommission, Finance, Law; Commit-tees on Community and EconomicDevelopment, Finance.

Ord. No. 953-06.By Council Members Pierce Scott

and Sweeney (by departmental re-quest).

An emergency ordinance authoriz-ing the Director of Economic Devel-opment to enter into a grant agree-ment with the Cuyahoga CountyCommunity Improvement Cor-poration to provide economic devel-opment assistance to assist in imple-menting The Grow Cuyahoga Coun-ty Fund Program.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofEconomic Development is autho-rized to enter into a grant agree-ment with the Cuyahoga CountyCommunity Improvement Corpora-tion (“CCCIC”) to provide economicdevelopment assistance to assistCCCIC in implementing The GrowCuyahoga County Fund Program.

Section 2. That the costs of thegrant shall not exceed an amount of$200,000 and shall be paid from FundNo. 10 SF 501, Request No. 103700.

Section 3. That the agreement andother appropriate documents neededto complete the transaction autho-rized by this legislation shall be pre-pared by the Director of Law.

Section 4. The contract authorizedin this legislation will require therecipient of financial assistance to

work with The Workforce Invest-ment Board for Workforce Area No.3 to identify and solicit qualifiedcandidates for job opportunitiesrelated to the City’s contracts, andplace special emphasis on the hardto employ, including but not limitedto the disabled and persons whohave been convicted of or have pledguilty to a criminal offense, unlessthe criminal conviction or relatedcircumstances relate to the dutiesfor the particular job sought.

Section 5. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of EconomicDevelopment, Finance, Law; Com-mittees on Community and Econom-ic Development, Finance.

Ord. No. 956-06.By Council Member Turner.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located on East 160th Street toL. Square Development, LLC.

Whereas, the City of Clevelandhas elected to adopt and implementthe procedures under Chapter 5722of the Ohio Revised Code to facili-tate reutilization of nonproductivelands situated within the City ofCleveland; and

Whereas, real property acquiredunder the City’s Land ReutilizationProgram is acquired, held, adminis-tered and disposed of by the City ofCleveland through its Department ofCommunity Development under theterms of Chapter 5722 of the OhioRevised Code and Section 183.021 ofCodified Ordinances of the City ofCleveland, 1976; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 141-06-011,as more fully described below, to L.Square Development, LLC.

Section 2. That the real propertyto be sold pursuant to this ordinanceis more fully described as follows:

P. P. No. 141-06-011Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio, and known as being SublotNos. 411 and 412 in Sorrento ParkSubdivision of part of Original War-rensville Township Lot Nos. 72 and82, as shown by the recorded plat inVolume 15 of Maps, Page 13 of Cuya-hoga County Records and togetherforming a parcel of land 50 feet fronton the Easterly side of East 160thStreet, (formerly Emery Avenue),and extending back equal width 125feet deep along the Southerly side ofSorrentao Avenue S.E., (formerlyDeForest Avenue), as appears bysaid plat, be the same more or less,but subject to all legal highways.

Subject to Zoning Ordinances, ifany.

Section 3. That all documents nec-essary to complete the conveyanceauthorized by this ordinance shallbe executed within six (6) monthsof the effective date of this ordi-nance. If all of the documents arenot executed within six (6) monthsof the effective date of this ordi-nance, or such additional time asmay be granted by the Director ofCommunity Development, this ordi-nance shall be repealed and shall beof no further force or effect.

Section 4. That the considerationfor the subject parcel shall be estab-lished by the Board of Control andshall be not less than Fair MarketValue taking into account suchterms and conditions, restrictionsand covenants as are deemed nec-essary or appropriate.

Section 5. That the conveyanceauthorized hereby shall be made byofficial deed prepared by the Direc-tor of Law and executed by theMayor on behalf of the City ofCleveland. The deed shall containsuch provisions as may be necessaryto protect and benefit the publicinterest including such restrictivecovenants and reversionary inter-ests as may be specified by theBoard of Control, the Director ofCommunity Development or theDirector of Law.

Section 6. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of Commu-nity Development, City PlanningCommission, Finance, Law; Commit-tees on Community and EconomicDevelopment, Finance.

Ord. No. 957-06.By Council Member Sweeney.An emergency ordinance to sup-

plement the Codified Ordinances ofCleveland, Ohio, 1976, by enactingnew Section 698.011 relating toonline sales.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Codified Ordi-nances of Cleveland, Ohio, 1976, aresupplemented by enacting new Sec-tion 698.011 to read as follows:

Section 698.011 Online SalesThis chapter shall not apply to

sales of tickets of admission to theplaces described in Section 698.01that are made on the internet.

Section 2. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Referred to Directors of Finance,Law; Committees on Legislation,Finance.

12 The City Record May 24, 2006

986

FIRST READING EMERGENCY ORDINANCE READ IN FULL AND PASSED

Ord. No. 954-06.

By Council Members Lewis and Sweeney (by departmental request).

An emergency ordinance to amend Sections 16 and 44 of Ordinance No. 289-06, passed March 27, 2006, relating

to compensation for various classifications.

Whereas, the Fact Finder’s report concerning SERB Case Nos. 04-MED-01-0001 and 04-MED-01-0002 for the City,

County and Waste Paper Drivers Union, Local No. 244, affiliated with the International Brotherhood of Teamsters,

provided for, among other things, a zero percent increase in 2004 and 2005 and a three percent increase effective

April 1, 2006, and that eligible members of the bargaining agreement will receive a separate payment in the

amount of $500.00 on or about May 1, 2006, which amount is not part of the member’s wage base; and

Whereas, the Fact Finder’s recommendations were deemed certified by virtue of Section 4117.14 of the Revised

Code seven days after the issuance of the recommendations dated April 4, 2006; and

Whereas, it is necessary to amend Ordinance No. 289-05, passed March 27, 2006, to increase the appropriate

payband sections to reflect the three percent increase for 2006; and

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 Sections 16 and 44 of Ordinance No. 289-06, passed March 27, 2006 are amended to read as follows:

Section 16. City, County and Waste Paper Drivers Union, Local No. 244, affiliated with the International

Brotherhood of Teamsters. That salaries and compensation in the following classifications shall be fixed by the

appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum

1. Airport Maintenance Man ........................................................ $ 11.97 $ 17.29

2. Concrete Mixer Driver .............................................................. $ 14.82 $ 21.45

3. Dog Warden.................................................................................. $ 11.04 $ 15.97

4. Ground Maintenance Truck Driver II ................................ $ 12.34 $ 17.87

5. Hostler............................................................................................. $ 10.00 $ 14.18

6. Parking Enforcement Officer................................................. $ 10.00 $ 14.10

7. Section Supervisor (part-time/seasonal) ............................ $ 10.00 $ 10.30

8. Snow Removal Vehicle Operator

(part-time/seasonal)............................................................... $ 10.40 $ 15.49

9. Street Carry-all Driver .............................................................. $ 15.55 $ 22.50

10. Street Maintenance Equipment Leader .............................. $ 16.15 $ 23.37

11. Street Equipment Maintenance Specialist ......................... $ 15.55 $ 22.50

12. Tanker Truck Driver ................................................................ $ 15.55 $ 22.50

13. Tow Truck Operator.................................................................. $ 11.80 $ 17.10

14. Traffic Controller........................................................................ $ 10.00 $ 14.10

15. Truck Driver................................................................................. $ 12.50 $ 18.11

16. Waste Collection Driver........................................................... $ 12.33 $ 17.85

17. Waste Collection Roll-Off Driver.......................................... $ 15.52 $ 22.94

Section 44. Part-Time/Seasonal Group

That salaries and compensation in the following classifications shall be fixed by the appointing authority in

accordance with the schedule appearing after each classification:

Minimum Maximum

1. Box Office Cashier ..................................................................... $ 10.33 $ 15.49

2. Chaplain.......................................................................................... $ 10.00 $ 11.83

3. Checker ........................................................................................... $ 10.00 $ 10.30

4. Conservation Aide....................................................................... $ 10.00 $ 10.30

5. Dentist............................................................................................. $ 13.38 $ 29.44

6. Head Usher.................................................................................... $ 10.00 $ 11.69

7. Law Clerk...................................................................................... $ 10.00 $ 12.85

8. Medical Examiner....................................................................... $ 21.40 $ 60.37

9. Organ Tuner ................................................................................. $ 10.00 $ 25.82

10. Park Maintenance Aide............................................................ $ 10.00 $ 10.30

11. Ranger............................................................................................. $ 10.00 $ 11.54

12. School Crossing Guard (Per Day) ....................................... $ 20.50 $ 26.78

13. Stage Hand.................................................................................... $ 19.11 $ 27.34

14. Stage Hand Casual..................................................................... $ 20.60 $ 27.00

15. Stage Hand – Show Rate (Per Show) ............................... $ 64.89 $ 88.75

16. Student Aide ................................................................................. $ 10.00 $ 10.30

17. Student Assistant ........................................................................ $ 10.00 $ 10.30

18. Usher................................................................................................ $ 10.00 $ 10.30

19. Usher Captain............................................................................... $ 10.00 $ 10.30

Section 2. That existing Sections 16 and 44 of Ordinance No. 289-06, passed March 27, 2006 are repealed.

Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative

vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon

its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest

period allowed by law.

Motion to suspend rules. Charter and statutory provisions and place on final passage.

The rules were suspended. Yeas 19. Nays 0. Read second time. Read third time in full. Passed. Yeas 19.

Nays 0.

May 24, 2006 The City Record 13

987

FIRST READING EMERGENCYRESOLUTIONS READ IN FULL

AND ADOPTED

Res. No. 955-06.By Council Members Polensek,

Cimperman, Zone, Dolan, Santiago,Brancatelli, Conwell, Turner, John-son, White, Reed and Coats.

An emergency resolution urgingthe National Football League toconsider the City of Cleveland andthe Cleveland Browns to host the50th Annual Super Bowl at Cleve-land Browns Stadium in 2016.

Whereas, the City of Clevelandhas a long and memorable historyof hosting professional footballgames; and

Whereas, the rich tradition of theCleveland Browns boasts 15 mem-bers in the Pro Football Hall ofFame in Canton, Ohio; and

Whereas, the Cleveland fans havealways loyally supported the teamand the National Football league;and

Whereas, discussions are cur-rently underway with architect BobCorna to determine the feasibilityof constructing a retractable domeon the Cleveland Browns Stadiumlocated on Cleveland’s lakefront;and

Whereas, the National FootballLeague has recently approved theapplication of Kansas City, Missourito host a future Super Bowl condi-tioned on the construction of aretractable dome over their presentfacility; and

Whereas, this resolution consti-tutes an emergency measure for theimmediate preservation of publicpeace, property, health, or safety,now, therefore,

Be it resolved by the Council ofthe City of Cleveland:

Section 1. That this Council urgesthe National Football League to con-sider the City of Cleveland and theCleveland Browns to host the 50thAnnual Super Bowl at ClevelandBrowns Stadium in 2016.

Section 2. That the Clerk of Coun-cil is directed to transmit copies ofthis resolution to the National Foot-ball League.

Section 3. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise, itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Motion to suspend rules. Charterand statutory provisions and placeon final adoption.

The rules were suspended. Yeas19. Nays 0. Read second time. Readthird time in full. Adopted. Yeas 19.Nays 0.

Res. No. 958-06.By Council Member Polensek.An emergency resolution with-

drawing objection to the transfer ofliquor license of a C1 and C2 LiquorPermit at 15518 St. Clair Avenue andrepealing Resolution No. 126-06,objecting to said transfer.

Whereas, this Council objected toa C1 and C2 Liquor Permit to 15518St. Clair Avenue by Resolution No.126-06 adopted by the Council onJanuary 23, 2006; and

Whereas, this Council wishes towithdraw its objection to the abovetransfer of liquor license and con-sents to said transfer based uponand pursuant to a cooperationagreement between CouncilmemberMichael D. Polensek and ApplicantSunita R. Verma, President of Pal-sun, Inc., DBA Convenient Express;and

Whereas, this resolution consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it resolved by the Council ofthe City of Cleveland:

Section 1. That objection to a C1and C2 Liquor Permit to Palsun,Inc., DBA Convenient Express, 15518St. Clair Avenue, Cleveland, Ohio44110, Permanent Number 6665197 beand the same is hereby withdrawnand Resolution No. 126-06, contain-ing such objection, be and the sameis hereby repealed and that thisCouncil consents to the immediatetransfer thereof.

Section 2. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise, itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Motion to suspend rules. Charterand statutory provisions and placeon final adoption.

The rules were suspended. Yeas19. Nays 0. Read second time. Readthird time in full. Adopted. Yeas 19.Nays 0.

SECOND READINGEMERGENCY ORDINANCE

Ord. No. 578-06.By Mayor Jackson.An emergency ordinance autho-

rizing the Mayor to enter an agree-ment with the City of Independencefor the purpose of sharing theincome tax revenue to be paid byplayers and relocated administra-tors of the Cleveland Cavaliers asa result of the relocation of theteam’s practice facilities to a newcomplex to be located in Indepen-dence, Ohio.

Approved by Directors of Finance,Law; Committee on Finance; whenamended as follows:

1. In the title, line 5; in the thirdwhereas clause, line 2; in thefourth whereas clause, line 3; andin Section 1, line 3, strike “re-located administrators” and insert“coaches”.

2. In Section 1, line 5, between“Independence” and the period insert“, provided that the agreement willbe re-negotiated if the Cavaliersmove their financial, accounting,sales, marketing, or executive busi-ness staffs to the new practice facil-ity”.

Amendments agreed to.

SECOND READING EMERGENCYORDINANCE PASSED

Ord. No. 903-06.By Council Members Westbrook

and Sweeney (by departmental re-quest).

An emergency ordinance to amendSections 209.05 and 3103.09 of theCodified Ordinances of Cleveland,Ohio, 1976, as amended by variousordinances, relating to collection ofcosts from abatement of nuisancesand unsafe structures.

Approved by Directors of Finance,Law; Passage recommended by Com-mittee on Finance.

The rules were suspended. Yeas19. Nays 0. Read second time. Readthird time in full. Passed. Yeas 19.Nays 0.

LAID ON THE TABLE

Res. No. 904-06.By Council Members Polensek,

Cimperman, Zone, Dolan, Santiago,Brancatelli, Conwell, Turner, John-son, White and Reed.

An emergency resolution urgingthe National Football League to con-sider the City of Cleveland and theCleveland Browns to host the 50thAnnual Super Bowl at ClevelandBrowns Stadium in 2016.

Without objection, Resolution No.904-06 was relieved of further con-sideration of all committees and laidon the table pursuant to the Rulesof Council.

The rules were suspended. Yeas19. Nays 0. Resolution No. 904-06 laidon the table.

MOTION

By Council Member Reed, second-ed by Council Member White andunanimously carried that theabsence of Council Members JoeCimperman and Kenneth L. John-son, be and is hereby authorized.

MOTION

The Council Meeting adjourned at8:20 p.m. to meet Monday, June 5,2006 at 7:00 p.m. in the CouncilChambers.

City Clerk, Clerk of Council

THE CALENDAR

The following measure will be onits final passage at the next meet-ing:

ORDINANCE

Ord. No. 578-06.By Mayor Jackson.An emergency ordinance authoriz-

ing the Mayor to enter an agree-ment with the City of Independencefor the purpose of sharing the

14 The City Record May 24, 2006

988

income tax revenue to be paid byplayers and coaches of the Cleve-land Cavaliers as a result of therelocation of the team’s practicefacilities to a new complex to belocated in Independence, Ohio.

Whereas, the Cleveland Cavaliershave announced plans to relocatethe team’s practice facilities to anew complex to be located in theCity of Independence; and

Whereas, the Mayors of Clevelandand Independence have announcedtheir intention to work cooperative-ly when business enterprises relo-cate from one city to the other city;and

Whereas, the Mayors intend toshare the future municipal taxrevenue collected from the incomeof Cavaliers players and coachesthat is currently taxed by the Cityof Cleveland, including but not lim-ited to salaries, wages, payroll,bonuses and incentive payments(“salaries, wages and bonuses”); and

Whereas, in furtherance of thisspirit of cooperation, the Mayorshave proposed that the two citiesequally share the municipal incometax revenue to be paid on thesalaries, wages and bonuses of theplayers and coaches of the Cleve-land Cavaliers upon the operation ofa practice facility for the ClevelandCavaliers in Independence; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Mayor isauthorized to enter into an agree-ment with the City of Independencefor the purpose of equally sharingthe income tax revenue to be paidon the salaries, wages and bonusesof the players and coaches of theCleveland Cavaliers upon the opera-tion of a practice facility for theCleveland Cavaliers in Indepen-dence, provided that the agreementwill be re-negotiated if the Cavaliersmove their financial, accounting,sales, marketing, or executive busi-ness staffs to the new practice facil-ity.

Section 2. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

BOARD OF CONTROL

May 17, 2006

The regular meeting of the Boardof Control convened in the Mayor’soffice on Wednesday, May 17, 2006,at 10:30 a.m. with Mayor Jacksonpresiding.

Present: Mayor Jackson, DirectorsTriozzi, Dumas, Interim DirectorCiaccia, Acting Director McGraw,Director Wasik, Interim Director

Carroll, Directors Flask, Cox, Rush,Hutchinson, Interim Director Pesti,Directors Fumich, Guzman andInterim Director Rybka.

Absent: None.Others: Jim Hardy, Commissioner,

Purchases and Supplies.Debra Linn Talley, Commissioner,

Office of Equal Opportunity.On motions, the following resolu-

tions were adopted, except as maybe otherwise noted:

Resolution No. 175-06.By Director Dumas.Whereas, Board of Control Reso-

lution No. 103-06, adopted May 10,2006, authorized the Director ofFinance to enter into a contractwith the Wackenhut Corporation foran estimated quantity of unarmedsecurity guard services, all items,for various divisions of City gov-ernment; and

Whereas, Resolution No. 103-06inadvertently omitted the followingsubcontractors, now, therefore,

Be it resolved by the Board ofControl of the City of Cleveland thatResolution No. 103-06, adopted bythis Board May 10, 2006, approvingthe bid of the Wackenhut Corpora-tion as lowest and best for an esti-mated quantity of unarmed securityguard services is amended byadding the following:

Be it further resolved that theemployment of the following sub-contractors is approved:

Nationwide Protective ServicesMBE — $120,000.00 — 31.04%

R-Cap, Ltd.FBE — $20,000.00 — 5.17%

Be it further resolved that allother provisions of Resolution No.103-06 not expressly amended aboveshall remain unchanged and in fullforce and effect.

Yeas: Mayor Jackson, DirectorsTriozzi, Dumas, Interim DirectorCiaccia, Acting Director McGraw,Director Wasik, Interim DirectorCarroll, Directors Flask, Cox, Rush,Hutchinson, Interim Director Pesti,Directors Fumich, Guzman andInterim Director Rybka.

Nays: None.Absent: None.

Resolution No. 176-06.By Director Dumas.Resolved by the Board of Control

of the City of Cleveland that underSection 101 of the Charter, Section181.19 of the Codified Ordinances ofCleveland, Ohio, 1976, and Resolu-tion No. 921-52, adopted by the Boardof Control on November 26, 1952, thereport of the Commissioner of Pur-chases and Supplies for the sale ofscrap, personal property, and by-products during the month of April,2006 in the amount of $34,837.82,attached and made a part of thisresolution, is received, approved andordered filed.

Yeas: Mayor Jackson, DirectorsTriozzi, Dumas, Interim DirectorCiaccia, Acting Director McGraw,Director Wasik, Interim DirectorCarroll, Directors Flask, Cox, Rush,Hutchinson, Interim Director Pesti,Directors Fumich, Guzman andInterim Director Rybka.

Nays: None.Absent: None.

Resolution No. 177-06.By Director Dumas.Resolved by the Board of Control

of the City of Cleveland that all bidsreceived on May 10, 2006 for the pur-chase of an estimated quantity ofready mix, all items, for the variousdivisions of City government, underthe authority of Ordinance No. 604-06, passed by the Council of the Cityof Cleveland on April 10, 2006 arerejected.

Yeas: Mayor Jackson, DirectorsTriozzi, Dumas, Interim DirectorCiaccia, Acting Director McGraw,Director Wasik, Interim DirectorCarroll, Directors Flask, Cox, Rush,Hutchinson, Interim Director Pesti,Directors Fumich, Guzman andInterim Director Rybka.

Nays: None.Absent: None.

Resolution No. 178-06.By Interim Director Ciaccia.Be it resolved by the Board of

Control of the City of Cleveland thatBoard of Control Resolution No. 565-05, adopted October 13, 2005, underthe authority of Ordinance No. 2430-03, passed by the Council of the Cityof Cleveland on February 2, 2004,approving MWH Americas, Inc. asthe firm to be employed by contractfor professional services to developa new customer information andbilling system including but not lim-ited to optimization, assessment,integration, program or project man-agement, implementation, includingsystem design development, prepa-ration of specifications and requestsfor proposals, training and technicalsupport, and other related services,for the Division of Water, Depart-ment of Public Utilities, is amendedby increasing the subcontract dollaramount for Bearing Point from$142,000.00 (15.19%) to $201,835.00(21.59%).

Be it further resolved that allother provisions of Resolution No.565-05 not expressly amended aboveshall remain unchanged and in fullforce and effect.

Yeas: Mayor Jackson, DirectorsTriozzi, Dumas, Interim DirectorCiaccia, Acting Director McGraw,Director Wasik, Interim DirectorCarroll, Directors Flask, Cox, Rush,Hutchinson, Interim Director Pesti,Directors Fumich, Guzman andInterim Director Rybka.

Nays: None.Absent: None.

Resolution No. 179-06.By Interim Director Ciaccia.Be it resolved by the Board of

Control of the City of Cleveland thatthe employment of the followingsubcontractor by The Wagner-SmithCompany under Contract No. 63862for the public improvement of theBackup Power Project, for the Divi-sion of Water, Department of PublicUtilities, is approved:

SUBCONTRACTOR PERCENTAGEWORK

Kemet Construction (MBE) 0.06%$13,950.00

Yeas: Mayor Jackson, DirectorsTriozzi, Dumas, Interim DirectorCiaccia, Acting Director McGraw,Director Wasik, Interim Director

May 24, 2006 The City Record 15

989

Carroll, Directors Flask, Cox, Rush,Hutchinson, Interim Director Pesti,Directors Fumich, Guzman andInterim Director Rybka.

Nays: None.Absent: None.

Resolution No. 180-06.By Interim Director Ciaccia.Be it resolved by the Board of

Control of the City of Cleveland thatthe employment of the followingsubcontractor by Washington GroupInternational, Inc. under ContractNo. 65332 for professional services toprovide comprehensive program-ming of plant computer control sys-tem programmable logic controller,human machine interface andperipheral ancillary equipment forthe Plant Computer Control System(PCCS) Phase II project, for theDivision of Water, Department ofPublic Utilities, is approved:

SUBCONTRACTOR PERCENTAGEWORK

Westin Engineering, Inc. 6.69%$344,493.00

Yeas: Mayor Jackson, DirectorsTriozzi, Dumas, Interim DirectorCiaccia, Acting Director McGraw,Director Wasik, Interim DirectorCarroll, Directors Flask, Cox, Rush,Hutchinson, Interim Director Pesti,Directors Fumich, Guzman andInterim Director Rybka.

Nays: None.Absent: None.

Resolution No. 181-06.By Interim Director Ciaccia.Be it resolved by the Board of

Control of the City of Cleveland thatResolution No. 670-05, adopted bythis Board of Control on November30, 2005, approving the bid of LampsInc., d.b.a. Environmental Recyclingas the lowest and best for an esti-mated quantity of testing and dis-posal of PCB and non-PCB electricalequipment, except for the terms andconditions as are unacceptable tothe Director of Law, for the Divisionof Cleveland Public Power, Depart-ment of Public Utilities, is rescind-ed.

Be it further resolved that all bidsreceived on September 2, 2005, for anestimated quantity of testing anddisposal of PCB and non-PCB elec-trical equipment for the Division ofCleveland Public Power, Departmentof Public Utilities, under the author-ity of Ordinance No. 1013-05 passedby the Council of the City of Cleve-land on July 13, 2005, be and thesame are rejected.

Yeas: Mayor Jackson, DirectorsTriozzi, Dumas, Interim DirectorCiaccia, Acting Director McGraw,Director Wasik, Interim DirectorCarroll, Directors Flask, Cox, Rush,Hutchinson, Interim Director Pesti,Directors Fumich, Guzman andInterim Director Rybka.

Nays: None.Absent: None.

Resolution No. 182-06.By Interim Director Ciaccia.Be it resolved by the Board of

Control of the City of Cleveland thatthe bid of Utilicon Corp. for the pub-lic improvement of cleaning andcement mortar lining of distribution

mains in area 2006-B (including a$227,981.60 contingency allowance),all items, for the Division of Water,Department of Public Utilities,received on February 1, 2006, underthe authority of Ordinance No. 947-05, passed June 6, 2005, upon a unitbasis for the improvement in theaggregate amount of $2,507,797.60, isaffirmed and approved as the low-est responsible bid, and the Directorof Public Utilities is authorized toenter into a contract for theimprovement with the bidder.

Be it further resolved by theBoard of Control of the City ofCleveland that the employment ofthe following subcontractors by Util-icon Corp. for the above-mentionedpublic improvement is approved:

SUBCONTRACTOR PERCENTAGEWORK

Dan Ray ConstructionCo. Inc. (MBE) 15.01%

$376,300.00

Elite Contracting &Construction Company(FBE) 5.00%

$125,500.00

Yeas: Mayor Jackson, DirectorsTriozzi, Dumas, Interim DirectorCiaccia, Acting Director McGraw,Director Wasik, Interim DirectorCarroll, Directors Flask, Cox, Rush,Hutchinson, Interim Director Pesti,Directors Fumich, Guzman andInterim Director Rybka.

Nays: None.Absent: None.

Resolution No. 183-06.By Interim Director Mok.Be it resolved by the Board of

Control of the City of Cleveland thatthe bid of Utilicon Corp. for the pub-lic improvement of cleaning andcement mortar lining of distributionmains in area 2006-A (including a$262,531.60 contingency allowance),all items, for the Division of Water,Department of Public Utilities,received on February 1, 2006, underthe authority of Ordinance No. 947-05, passed June 6, 2005, upon a unitbasis for the improvement in theaggregate amount of $2,887,847.60, isaffirmed and approved as the low-est responsible bid, and the Directorof Public Utilities is authorized toenter into a contract for theimprovement with the bidder.

Be it further resolved by theBoard of Control of the City ofCleveland that the employment ofthe following subcontractors byUtilicon Corp. for the above-men-tioned public improvement is ap-proved:

SUBCONTRACTOR PERCENTAGEWORK

Dan Ray ConstructionCo. Inc. (MBE) 15.01%

$433,400.00

Elite Contracting &Construction Company(FBE) 5.00%

$144,500.00

Yeas: Mayor Jackson, DirectorsTriozzi, Dumas, Interim DirectorCiaccia, Acting Director McGraw,

Director Wasik, Interim DirectorCarroll, Directors Flask, Cox, Rush,Hutchinson, Interim Director Pesti,Directors Fumich, Guzman andInterim Director Rybka.

Nays: None.Absent: None.

Resolution No. 184-06.By Interim Director Mok.Resolved, by the Board of Control

of the City of Cleveland that the bidof Genesis Lamp Corporation, forelectrical parts and supplies formaintenance of airfield electricalneeds, including labor and materialsfor installation, item 7, for theDepartment of Port Control, for aperiod not to exceed one year begin-ning with the date of execution ofa contract, received on January 18,2006, under the authority of Ordi-nance No. 1509-05, passed on October24, 2005, which on the basis of theestimated quantity would amount to$40,000.00, is affirmed and approvedas the lowest and best bid, and theDirector of Port Control is request-ed to enter into a requirement con-tract for the labor and materialsnecessary, which shall provide forthe immediate purchase as the ini-tial amount of the contract of thefollowing:

Requisition No. 160434which shall be certified against thecontract in the sum of $25,000.00.

The requirement contract shallfurther provide that the Contractorshall furnish the remainder of theCity’s requirements for such laborand materials, whether more or lessthan the estimated quantity, as maybe ordered under subsequent requi-sitions separately certified againstthe contract.

Be it further resolved by theBoard of Control that the employ-ment of the following subcontractorby Genesis Lamp Corporation isapproved:

SUBCONSULTANT PERCENTAGEAMOUNT

Friedel TruckingCompany, Inc. 10.97% – FBE

$4,389.00

Yeas: Mayor Jackson, DirectorsTriozzi, Dumas, Interim DirectorCiaccia, Acting Director McGraw,Director Wasik, Interim DirectorCarroll, Directors Flask, Cox, Rush,Hutchinson, Interim Director Pesti,Directors Fumich, Guzman andInterim Director Rybka.

Nays: None.Absent: None.

Resolution No. 185-06.By Interim Director Mok.Resolved, by the Board of Control

of the City of Cleveland that the bidof Consolidated Electrical Distribu-tors d/b/a Leader Electric SupplyCo., for electrical parts and suppliesfor maintenance of airfield electri-cal needs, including labor and mate-rials for installation, items 1through 5 and item 8, for the De-partment of Port Control, for a peri-od not to exceed one year beginningwith the date of execution of a con-tract, received on January 18, 2006,under the authority of Ordinance No.1509-05, passed on October 24, 2005,

16 The City Record May 24, 2006

990

which on the basis of the estimatedquantity would amount to$247,800.00, is affirmed and approvedas the lowest and best bid, and theDirector of Port Control is request-ed to enter into a requirement con-tract for the labor and materialsnecessary, which shall provide forthe immediate purchase as the ini-tial amount of the contract of thefollowing:

Requisition No. 160436which shall be certified against thecontract in the sum of $75,000.00.

The requirement contract shallfurther provide that the Contractorshall furnish the remainder of theCity’s requirements for such laborand materials, whether more or lessthan the estimated quantity, as maybe ordered under subsequent requi-sitions separately certified againstthe contract.

Be it further resolved by theBoard of Control that the employ-ment of the following subcontractorby Consolidated Electrical Distribu-tors d/b/a Leader Supply Co. is ap-proved:

SUBCONSULTANT PERCENTAGE AMOUNT

Road Runners, Inc. 0.35% – FBE$1,000.00

Yeas: Mayor Jackson, DirectorsTriozzi, Dumas, Interim DirectorCiaccia, Acting Director McGraw,Director Wasik, Interim DirectorCarroll, Directors Flask, Cox, Rush,Hutchinson, Interim Director Pesti,Directors Fumich, Guzman andInterim Director Rybka.

Nays: None.Absent: None.

Resolution No. 186-06.By Interim Director Mok.Resolved, by the Board of Control

of the City of Cleveland that the bidof Siemens Airfield Solutions, Inc.,for electrical parts and supplies formaintenance of airfield electricalneeds, including labor and materialsfor installation, item 6, for theDepartment of Port Control, for aperiod not to exceed one year begin-ning with the date of execution ofa contract, received on January 18,2006, under the authority of Ordi-nance No. 1509-05, passed on October24, 2005, which on the basis of theestimated quantity would amount to$109,000.00, is affirmed and approvedas the lowest and best bid, and theDirector of Port Control is request-ed to enter into a requirement con-tract for the labor and materialsnecessary, which shall provide forthe immediate purchase as the ini-tial amount of the contract of thefollowing:

Requisition No. 160435which shall be certified against thecontract in the sum of $50,000.00.

The requirement contract shallfurther provide that the Contractorshall furnish the remainder of theCity’s requirements for such laborand materials, whether more or lessthan the estimated quantity, as maybe ordered under subsequent requi-sitions separately certified againstthe contract.

Yeas: Mayor Jackson, DirectorsTriozzi, Dumas, Interim Director

Ciaccia, Acting Director McGraw,Director Wasik, Interim DirectorCarroll, Directors Flask, Cox, Rush,Hutchinson, Interim Director Pesti,Directors Fumich, Guzman andInterim Director Rybka.

Nays: None.Absent: None.

Resolution No. 187-06.By Director Wasik.Be it resolved, by the Board of

Control of the City of Cleveland thatthe bid of Cottman Transmission ofBedford for an estimated quantity ofvarious vehicle remanufacturedtransmission services, for the Divi-sion of Motor Vehicle Maintenance,Department of Public Service, forthe period of two years beginningwith the date of execution of a con-tract, received on February 24, 2006,under the authority of Ordinance No.470-04, passed by the Council of theCity of Cleveland on April 26, 2004,which on the basis of the estimatedquantity would amount to $183,730.00(2% Net 30), is affirmed andapproved as the lowest and best bid,and the Director of Public Service isrequested to enter into a require-ment contract for the goods and/orservices, which shall provide for theimmediate purchase as the initialamount of such contract of the fol-lowing:

Requisition No. 161664which shall be certified against thecontract in the sum of $10,000.00.

The requirement contract shallfurther provide that the Contractorshall furnish the remainder of theCity’s requirements for such goodsand/or services, whether more orless than the estimated quantity, asmay be ordered under subsequentrequisitions separately certifiedagainst the contract.

Sub-Contractor Amount

Stevens 24 Hour Towing $800.00

Yeas: Mayor Jackson, DirectorsTriozzi, Dumas, Interim DirectorCiaccia, Acting Director McGraw,Director Wasik, Interim DirectorCarroll, Directors Flask, Cox, Rush,Hutchinson, Interim Director Pesti,Directors Fumich, Guzman andInterim Director Rybka.

Nays: None.Absent: None.

Resolution No. 188-06.By Director Wasik.Be it resolved, by the Board of

Control of the City of Cleveland thatthe bid of JTI Inc. for an estimatedquantity of trailers, for the variousdivisions of City government, for theperiod of one year beginning withthe date of execution of a contract,received on March 23, 2006, underthe authority of Ordinance No. 829-05, passed by the Council of the Cityof Cleveland on May 9, 2005, whichon the basis of the estimated quan-tity would amount to $14,100.00 (1%-30), is affirmed and approved as thelowest and best bid, and the Direc-tor of Public Service is requested toenter into a requirement contract forthe goods and/or services, whichshall provide for the immediate pur-chase as the initial amount of thecontract of the following:

Requisition No. 161678which shall be certified against thecontract in the sum of $14,100.00.

The requirement contract shallfurther provide that the Contractorshall furnish the remainder of theCity’s requirements for the goodsand/or services, whether more orless than the estimated quantity, asmay be ordered under subsequentrequisitions separately certifiedagainst the contract.

Yeas: Mayor Jackson, DirectorsTriozzi, Dumas, Interim DirectorCiaccia, Acting Director McGraw,Director Wasik, Interim DirectorCarroll, Directors Flask, Cox, Rush,Hutchinson, Interim Director Pesti,Directors Fumich, Guzman andInterim Director Rybka.

Nays: None.Absent: None.

Resolution No. 189-06.By Director Cox.Be it resolved by the Board of

Control of the City of Clevelandthat, under Ordinance No. 2075-05,passed by the Council of the City ofCleveland on May 1, 2006, the firmof Standard Parking is selectedupon nomination of the Director ofParks, Recreation and Propertiesfrom a list of consultants or firmsof consultants determined after afull and complete canvass by theDirector of Parks, Recreation andProperties as the firm to beemployed by contract for the pur-pose of managing the Gateway Eastand Gateway North Garages, respec-tively located at 650 Huron Roadand 2151 Ontario Avenue, for a peri-od commencing June 1, 2006 andexpiring no later than May 31, 2010.

Be it further resolved that theDirector of Parks, Recreation andProperties is authorized to enterinto a written contract with Stan-dard Parking, based on its January25, 2006 proposal, for a term of twoyears commencing June 1, 2006 withtwo options, exercisable in writingby the Director, to renew the con-tract for additional one-year terms,and expiring no later than May 31,2010, which contract shall be pre-pared by the Director of Law, shallprovide for performing the profes-sional management services sub-stantially as described in the pro-posal for an aggregate fee of $89,950per year for the initial and anyoptional renewal term years, andshall include such additional provi-sions as the Law Director considersnecessary to benefit and protect thepublic interest.

Be it further resolved that theemployment of the following sub-contractors are approved:

NAME DOLLAR AMOUNT

PERCENTAGE

Fast Signs, FBE $ 5,0000.4%

J & L Work Apparel, FBE $ 21,6001.7%

Industrial Transportation,MBE $117,000

9.5%

Emerald Supply, MBE $ 15,0001.2%

May 24, 2006 The City Record 17

991

Yeas: Mayor Jackson, DirectorsTriozzi, Dumas, Interim DirectorCiaccia, Acting Director McGraw,Director Wasik, Interim DirectorCarroll, Directors Flask, Cox, Rush,Hutchinson, Interim Director Pesti,Directors Fumich, Guzman andInterim Director Rybka.

Nays: None.Absent: None.

Resolution No. 190-06.By Director Hutchinson.Be it resolved by the Board of

Control of the City of Cleveland thatunder the authority of Ordinance No.2140-05, passed by the Council of theCity of Cleveland on December 7,2005, Integrated Consulting Servicesis selected from a list of firms deter-mined after a full and complete can-vass by the Director of Personnel &Human Resources as the firm to beemployed by contract for to provideworkers’ compensation claims man-agement and actuarial services forthe Department of Personnel andHuman Resources.

Be it further resolved that theDirector of Personnel & HumanResource is authorized to enter intocontract with Integrated ConsultingServices based on its proposal datedFebruary 24, 2006, for a twelvemonth period, which contract shallbe prepared by the Director of Law,shall provide for the furnishing ofprofessional services as contained insaid proposal for an aggregate feeof $250,000.00, and shall contain suchadditional provisions as the Directorof Law deems necessary to protectand benefit the public interest.

Yeas: Mayor Jackson, DirectorsTriozzi, Dumas, Interim DirectorCiaccia, Acting Director McGraw,Director Wasik, Interim DirectorCarroll, Directors Flask, Cox, Rush,Hutchinson, Interim Director Pesti,Directors Fumich, Guzman andInterim Director Rybka.

Nays: None.Absent: None.

Resolution No. 191-06.By Director Hutchinson.Be it resolved by the Board of

Control of the City of Cleveland thatunder the authority of Ordinance No.2155-05, passed by the Council of theCity of Cleveland on December 5,2005, the Center for Families andChildren is selected from a list offirms determined after a full andcomplete canvass by the Director ofPersonnel & Human Resources asthe firm to be employed by contractfor professional services to adminis-ter assistance to City employees andtheir families through theEase@Work program, in dealingwith personal difficulties, marriageand family problems, financial con-cerns, legal issues, alcohol and drugproblems, financial concerns, work-place issues, and emotional andstress related difficulties.

Be it further resolved that theDirector of Personnel & HumanResource is authorized to enter intocontract with the Center for Fami-lies and Children based on its pro-posal dated November 17, 2005, for aone year term starting April 1, 2006,which contract shall be prepared bythe Director of Law, shall providefor the furnishing of professionalservices as contained in the propos-

al for an aggregate fee of$161,875.00, and shall contain suchadditional provisions as the Directorof Law deems necessary to protectand benefit the public interest.

Yeas: Mayor Jackson, DirectorsTriozzi, Dumas, Interim DirectorCiaccia, Acting Director McGraw,Director Wasik, Interim DirectorCarroll, Directors Flask, Cox, Rush,Hutchinson, Interim Director Pesti,Directors Fumich, Guzman andInterim Director Rybka.

Nays: None.Absent: None.

JEFFREY B. MARKS,Secretary

CIVIL SERVICE NOTICES____________

General Information

Application blanks and informa-tion, regarding minimum entrancequalifications, scope of examination,and suggested reference materialsmay be obtained at the office of theCivil Service Commission, Room 119,City Hall, East 6th Street, and Lake-side Avenue.

Application blanks must be prop-erly filled out on the official formprescribed by the Civil Service Com-mission and filed at the office of thecommission not later than the finalclosing date slated in the examina-tion announcement.

EXAMINATION RESULTS: Eachapplicant whether passing or failingwill be notified of the results of theexamination as soon as the commis-sion has graded the papers. There-after, eligible lists will be estab-lished which will consist of thenames of those candidates who havebeen successful in all parts of theexamination.

PHYSICAL EXAMINATION: Allcandidates for original entrance po-sitions who are successful in otherparts of the examinations must sub-mit to a physical examination.

REYNALDO GALINDO,President

SCHEDULE OF THE BOARD

OF ZONING APPEALS

MONDAY, JUNE 5, 2006

9:30 A.M.

Calendar No. 06-78: 1103 Rowley Ave-nue (Ward 13)

Brian Jones, owner, and SteveSiedlecki, agent, appeal to changefrom a dwelling unit to a museumand a store the use of an existingtwo-family dwelling unit, situatedon a 60' x 93' corner parcel locatedin a B1 Two-Family District on thesouthwest corner of Rowley Avenueand West 11th Street at 1103 Row-ley Avenue; subject to the limita-tions of Section 337.03(b), the pro-posed museum is regulated by ref-erence under Section 337.02(f)(3)(a)that requires it to be at least 30'from an adjoining premises in a res-idential district and that the Boardof Zoning Appeals review and ap-

prove the use to determine if ade-quate yard spaces and other safe-guards to preserve the character ofthe neighborhood are provided, andif the use is appropriately designedand meets a community need with-out adversely affecting the neigh-borhood. The proposed retail use, astore/gift shop, is not permitted ina Two-Family District but first per-mitted in a Local Retail BusinessDistrict. The Board of Zoning Ap-peals authority is limited by the pro-visions of Section 329.03(c)(3) andmay not allow uses other than thoselisted in the Zoning Code as per-mitted in the use district next lowerin order of restrictiveness to the dis-trict in which such lot is located, asstated in the Codified Ordinances.

Calendar No. 06-79: 1954 East 124thPlace (Ward 6)

Alan Swick, owner, appeals toerect a 16' x 22' two-story frameroom addition to an existing singlefamily residence, situated on a 35'x 100' parcel located in a C1 Multi-Family District on the west side ofEast 124th Place at 1954 East 124thPlace; contrary to Section 359.09, adistance of 4'6" is provided whereno building shall be erected lessthan 10' from a main building on anadjoining lot; and a 120' area ofinterior side yard is provided where672' is required for a Multi-FamilyDistrict, calculated by multiplyingone-half the building height by thebuilding length, according to theprovisions of Section 357.09(2)C, andthe Board of Zoning Appeals ap-proval is required for the existingnonconforming building as stated inSection 359.01 of the Codified Ordi-nances.

Calendar No. 06-80: 19726 ParkmountAvenue (Ward 21)

Robert Roberts, owner, appeals toinstall approximately 100 linear feetof 6' high privacy fence in the actu-al front yard of an irregular shapedtriangular parcel, situated in an A1One-Family District on the northside of Parkmount Avenue at 19726Parkmount Avenue; the proposedfence being contrary to the FenceRegulations that require fences inactual front yards not to exceed 4'in height and to be at least 50%open, as stated in Section 358.04(a)of the Codified Ordinances.

Calendar No. 06-98: 4200 Bridge Ave-nue (Ward 13)

Minerva Perez Vargas, owner, ap-peals to erect a 6'6" x 12' wooden,wrap around, open front porch witha wheelchair lift to the front of anexisting single family residence,situated on a 32' x 84' parcellocated in a B1 Two-Family Districton the north side of Bridge Avenueat 4200 Bridge Avenue; contrary toSection 357.09, side yards of 0 and2' are provided where total sideyards of 10' are required and a 2'side yard is provided instead of a3' minimum side yard; and openporches shall not project more than6' provided they do not extendwithin 10' of the street line andapproximately 2' is provided fromthe street line, contrary to Section357.13(b)(4) of the Codified Ordi-nances.

18 The City Record May 24, 2006

992

Calendar No. 05-32: 19115 St. ClairAvenue (Ward 11)

Vincent Godina, owner, appeals toextend the time period allowed bythe Board of Zoning Appeals in Cal-endar No. 05-32, for permission topark at the front of a one-story com-mercial building, situated on a 65'x 193' lot in a General Industry Dis-trict on the north side of St. ClairAvenue at 19115 St. Clair; contraryto Section 357.14(a)(1) that prohibitsparking of vehicles in the 15' frontyard setback and Section 352.11 thatrequires a 6' wide frontage land-scape strip along St. Clair Avenue.The proposed parking being con-trary to the requirements of Sections349.07(c)(3), 349.07(b) and (a) forOff Street Parking and Loading andthe provisions for accessory parkingspaces, as stated in Section 325.03 ofthe Codified Ordinances.

Calendar No. 06-51: 17610 MilburnAvenue (Ward 21)

Romulo Glean, owner, appeals toenclose an existing 6' x 27' frontporch of a single family residence,situated on a 40' x 160' parcel inan A1 One-Family District on thenorth side of Milburn Avenue at17610 Milburn Avenue; contrary toSection 357.13(b)(4), the proposedporch enclosure projects 6' and notmore than a 4' projection is per-mitted; and the Board of ZoningAppeals shall have no power toauthorize as a variance the locationof any building nearer the streetline than a required setback build-ing line, unless the depth or widthof the lot is sufficiently less thanthat of other lots in the same block,as stated in Section 329.04(c)(1) ofthe Codified Ordinances. (Filed 3-30-06; postponed to 4-17-06; dismissed 5-8-06; reinstated 5-15-06; no testimonytaken.)

Secretary

REPORT OF THE BOARD

OF ZONING APPEALS

MONDAY, MAY 22, 2006

At the meeting of the Board ofZoning Appeals on Monday, May 22,2006, the following appeals wereheard by the Board:

The following appeals were Ap-proved:

Calendar No. 06-72: 4266 MartinLuther King, Jr. Blvd

Michael and Patricia Green ap-pealed to enclose an existing frontporch of a single family dwelling ina Two-Family District.

Calendar No. 06-73: 3857 West 31stStreet

Reba Hicks appealed to install 57linear feet of 4' tall chain linkfence across the front yard andalong the front yard setback of asingle family dwelling in a Two-Family District; with a condition.

The following appeal was Denied:

Calendar No. 06-70: Appeal of FrankB. Smith, 8106 Cedar Avenue

Frank B. Smith appealed from aNotice of Violation issued by the

Department of Building and Hous-ing for illegal use of the premiseslocated at 8106 Cedar Avenue.

The following appeal was With-drawn:

Calendar No. 06-66: 7300 St. ClairAvenue

David Bolger, owner, and Bright-side Academy, prospective tenant,appealed to establish use for a daycare facility in an existing one-storybuilding on an irregular shaped cor-ner parcel in a Local Retail Busi-ness District.

The following appeal was Dis-missed:

None.

The following appeals were Post-poned:

Calendar No. 06-65: 1230 BroadwayAvenue postponed to June 12,2006.

Calendar No. 06-60: 4669 State Roadpostponed to June 19, 2006.

In Executive Session on May 22,2006, the following appeals heard bythe Board on May 15, 2006 wereadopted and approved.

The following appeals were Ap-proved:

Calendar No. 06-68: 16800 SouthWaterloo Road

Musmor Properties LLC, owner,and East side Metals, tenant, ap-pealed to establish use as a scrapmetal recycling operation on prop-erty in split zoning between Semi-Industry and General Industry Dis-tricts.

Calendar No. 06-40: 5708 Train Ave-nue

The Estate of Charles Pearson,owner, and Dean Heidelberg, tenant,appealed to establish use for thestorage of wooden logs in a Gener-al Industry District; with conditions.

Calendar No. 06-50: 9422 BuckeyeRoad

The Calvary Apostolic Assemblychurch, owner, and Darryl LynLamb, agent, appealed to change theuse of property to a car wash andto detail automobiles in a GeneralRetail Business District.

Secretary

REPORT OF THE BOARD

OF BUILDING STANDARDS

AND BUILDING APPEALS

Re: Report of the Meeting of

May 17, 2006

As required by the provisions ofSection 3103.20(2) of the CodifiedOrdinances of the City of Cleveland,Ohio 1976, the following brief ofaction of the subject meeting isgiven for publication in The CityRecord:

Docket A-31-06.RE: Appeal of Marilyn Moore,

Owner of the Residential Propertylocated on the premises known as14008 Glendale Avenue from aNOTICE OF NONCONFORMANCE, ofthe Director of the Department ofBuilding and Housing, dated April6, 2002, requiring compliance withthe Codified Ordinances of the Cityof Cleveland and the Ohio BuildingCode (OBC).

BE IT RESOLVED, a motion is inorder at this time to grant the vari-ances required, to allow the Appel-lant to build a guardrail as is rep-resented for a maximum heat of theplatform of forty-seven (47) inchesand a two (2) rail railing up above,noting that there are other exitsfrom the residents and that the railis needed for assistance for thewheelchair and the Appellant hasagreed to a thirty-six (6) inch foot-ing depth. Motion so in order.Motioned by Mr. Gallagher and sec-onded by Mr. Bradley.

Yeas: Messrs. Denk, Saunders, Gal-lagher, Saab, Bradley. Nays: None.

* * *

Docket A-32-06.RE: Appeal of Edward Lawson,

Owner of the Property located onthe premises known as 14100 MilesAvenue from a LIMITATION ONTHE PERMIT of the Director of theDepartment of Building and Hous-ing, dated January 12, 2006, requir-ing compliance with the CodifiedOrdinances of the City of Clevelandand the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is inorder at this time to amend theexisting permit to reflect that theaddress is 14114 Miles Avenue andthe time of permitting is extendedfor ninety (90) days from this date.Motion so in order. Motioned by Mr.Bradley and seconded by Mr. Gal-lagher.

Yeas: Messrs. Denk, Saunders, Gal-lagher, Saab, Bradley. Nays: None.

* * *

Docket A-33-06.RE: Appeal of AHNB, LLC, Owner

of the Property located on thepremises known as 10548 St. ClairAvenue from SUPPLEMENTARYCONDITIONS, of the Director of theDepartment of Building and Hous-ing, dated February 22, 22006, requir-ing compliance with the CodifiedOrdinances of the City of Clevelandand the Ohio Building Code (OBC).

There is no action required by theBoard at this time.

* * *

Docket A-34-06.RE: Appeal of Edward Lawson,

Owner of the Property located onthe premises known as 10201 Har-vard Avenue from a NOTICE OFVIOLATION — NO PERMIT of theDirector of the Department of Build-ing and Housing, dated April 4, 2006,requiring compliance with the Codi-fied Ordinances of the City of Cleve-land and the Ohio Building Code(OBC).

No action this date, the docketwill be rescheduled for May 31, 2006.

May 24, 2006 The City Record 19

993

Docket A-37-06.RE: Appeal of Zhenghna Gu,

Owner of the Property located onthe premises known as 13900 MilesAvenue from a NOTICE OF VIOLA-TION — FIRE CODE of the Chiefof the Division of Fire, dated March28, 2006, requiring compliance withthe Codified Ordinances of the Cityof Cleveland and the Ohio BuildingCode (OBC).

Docket A-36-09 has been POST-PONED; to be rescheduled for May31, 2006.

* * *

Docket A-41-06.RE: Appeal of Alexandra & Char-

lene Jorge, Owners of the Residen-tial Property located on the prem-ises known as 3616 Riverside Ave-nue from a NOTICE OF VIOLATION— RESIDENTIAL MAINTENANCEof the Director of the Department ofBuilding and Housing, dated August25, 2005, requiring compliance withthe Codified Ordinances of the Cityof Cleveland and the Ohio BuildingCode (OBC).

BE IT RESOLVED, a motion is inorder at this time to find that theAppellants notification may nothave been received properly becauseof their circumstances, a motion isin order at this time to grant theAppellants thirty (30) days in whichto abate the violations, noting thatthe inspector is aware of their spe-cial circumstances and will judgethe results and extend the time asrequired. Motion so in order. Mo-tioned by Mr. Bradley and secondedby Mr. Gallagher.

Yeas: Messrs. Denk, Saunders, Gal-lagher, Saab, Bradley. Nays: None.

* * *

Docket A-43-06.RE: Appeal of Joseph Ireland —

Singleton Health Care Center, Ownerof the Property located on thepremises known as 1867 East 82ndStreet from an ADJUDICATIONORDER of the Director of theDepartment of Building and Hous-ing, dated March 8, 2006, requiringcompliance with the Codified Ordi-nances of the City of Cleveland andthe Ohio Building Code (OBC).

No action, the case will be re-scheduled when the Board hearsfrom the Fire Department.

* * *

Docket A-44-06.RE: Appeal of Gregory P. Cuiffo,

Owner of the Property located onthe premises known as 2401 On-tario Street from an ABATEMENTORDER — FIRE CODE of the Chiefof the Division of Fire, dated May2, 2006, requiring compliance withthe Codified Ordinances of the Cityof Cleveland and the Ohio BuildingCode (OBC).

BE IT RESOLVED, a motion is inorder at this time to find that theunit is not in the building and there-fore does not require a hood; andthat the location where it is withthe concrete, noncombustible ceiling,is approximately thirty (30) feetabove, with a stainless steel coverover it in plain view of the bed will

preclude vapors from coming to asurface that would cause a hazard;and that the five (5) issues: ratedglass, manual shutoff, a K-5 extin-guisher, employee training and firegloves, have been instituted; and todesignate the breaker in the panelserving the units. Motion so inorder. Motioned by Mr. Gallagherand seconded by Mr. Saab.

* * *

Docket A-50-06.RE: Appeal of Rysar Properties,

Owner of the Property located onthe premises known as 7301-7433Otis Court from an ADJUDICATIONORDER of the Director of theDepartment of Building and Hous-ing, dated April 4, 2006, requiringcompliance with the Codified Ordi-nances of the City of Cleveland andthe Ohio Building Code (OBC).

No action this date, the docketwill be rescheduled for May 31, 2006.

* * *

OTHER BOARD BUSINESS:

Docket A-110-05 — The ClevelandMuseum of Art — 11150 East Boule-vard:

A motion is in order at this timeto grant the variances required, toallow the elevators to remain with-out smoke closures, noting thatthere are 19 inches draft curtains onthe open floors protecting the stair-well from any smoke outside thestairwell and that the stairwell isenclosed on the other floors. Motionso in order. Motioned by Mr. Saun-ders and seconded by Mr. Gallagher.

Yeas: Messrs. Denk, Saunders, Gal-lagher, Bradley. Nays: None. NotVoting: Mr. Saab.

* * *

APPROVAL OF RESOLUTION:

Separate motions were entered byMr. Saab and seconded by Mr. Gal-lagher for Approval and Adoption ofthe Resolution as presented by theSecretary for the following Docket,subject to the Codified Ordinancesof the City of Cleveland and theOhio Building Code (OBC):

A-27-06—Trust Properties, LLC.

Yeas: Messrs. Denk, Saunders, Gal-lagher, Saab, Bradley. Nays: None.

* * *

APPROVAL OF MINUTES:

Separate motions were entered byMr. Gallagher and seconded by Mr.Bradley for Approval and Adoptionof the Minutes as presented by theSecretary, subject to the CodifiedOrdinances of the City of Clevelandand the Ohio Building Code (OBC):

May 3, 2006

Yeas: Messrs. Denk, Saunders, Gal-lagher, Saab, Bradley. Nays: None.

* * *

Secretary

PUBLIC NOTICE

NONE

NOTICE OF PUBLIC HEARING

NONE

CITY OF CLEVELAND BIDS

For All Departments

Sealed bids will be received at theoffice of the Commissioner of Pur-chases and Supplies, Room 128, CityHall, in accordance with the append-ed schedule, and will be opened andread in Room 128, City Hall, imme-diately thereafter.

Each bid must be made in accor-dance with the specifications andmust be submitted on the blankssupplied for the purpose, all ofwhich may be obtained at the officeof the said Commissioner of Pur-chases and Supplies, but no bid willbe considered unless delivered tothe office of the said commissionerprevious to 12:00 noon (EasternStandard Time) on the date speci-fied in the schedule.

187.10 Negotiated contracts; Noticerequired in Advertisement for Bids.

Where invitations for bids areadvertised, the following noticeshall be included in the advertise-ment: “Pursuant to the MBE/FBECode, each prime bidder, each minor-ity business enterprise (“MBE”) andeach female business enterprise(“FBE”) must be certified beforedoing business with the City. There-fore, any prime contractor wishingto receive credit for using an MBEor FBE should ensure that applica-tions for certification as to MBE orFBE status compliance with theCode, affirmative action in employ-ment and, if applicable, joint ven-ture status, are submitted to the Of-fice of Equal Opportunity (“OEO”)prior to the date of bid opening orsubmission of proposals or as spec-ified by the Director. Failure to com-ply with the business enterprisecode or with representations madeon these forms may result in can-cellation of the contract or othercivil or criminal penalties.”

WEDNESDAY, MAY 31, 2006

Gardenview Hill Site Improvements,for the Division of Research, Plan-ning and Development, Depart-ment of Parks, Recreation andProperties, as authorized by Ordi-nance No. 2153-03, passed by theCouncil of the City of Cleveland,December 13, 2003.

THERE WILL BE A REFUNDABLEFEE FOR PLANS/SPECIFICA-TIONS IN THE AMOUNT OFFIFTY DOLLARS ($50.00) IN THEFORM OF A CASHIER’S CHECKAND/OR MONEY ORDER.

THERE WILL BE A NON-MAN-DATORY PRE-BID MEETINGTHURSDAY, MAY 25, 2006 AT10:00 A.M., BURKE LAKEFRONTAIRPORT, 1ST FLOOR CONFER-ENCE ROOM, 1501 NORTH MAR-GINAL ROAD, CLEVELAND, OHIO44114.

May 17, 2006 and May 24, 2006

20 The City Record May 24, 2006

994

WEDNESDAY, JUNE 7, 2006

Ready Mix-Concrete 2006, for theVarious Divisions of City Govern-ment, Department of Finance, asauthorized by Ordinance No. 604-06, passed by the Council of theCity of Cleveland, April 10, 2006.

THERE WILL BE A MANDATORYPRE-BID MEETING, TUESDAY,MAY 30, 2006 AT 1:00 P.M., CITYHALL, DIVISION OF PURCHASES& SUPPLIES, ROOM, 128, 601LAKESIDE AVENUE, CLEVE-LAND, OHIO 44114.

THE CITY WILL NOT CONSIDERTHE BID OF ANYONE WHODOES NOT ATTEND A MANDA-TORY PRE-BID CONFERENCE.

May 17, 2006 and May 24, 2006

THURSDAY, JUNE 8, 2006

Estimated Quantity of Three (3)Fire Pumpers, for the VariousDivisions, Department of PublicService, as authorized by Ordi-nance No. 762-05, passed by theCouncil of the City of Cleveland,May 9, 2005.

THERE WILL BE A NON-MAN-DATORY PRE-BID MEETINGTHURSDAY, MAY 25, 2006 AT 2:00P.M., DIVISION OF MOTOR VEHI-CLE MAINTENANCE, 4150 EAST49TH STREET, BUILDING #1,CLEVELAND, OHIO 44105.

Estimated Quantity of Three (3)Cab/Chassis with USV Bodies,Medium, for the Various Divisions,Department of Public Service, asauthorized by Ordinance No. 1481-04, passed by the Council of theCity of Cleveland, October 11, 2004.

THERE WILL BE A NON-MAN-DATORY PRE-BID MEETINGTHURSDAY, MAY 25, 2006 AT 2:30P.M., DIVISION OF MOTOR VEHI-CLE MAINTENANCE, 4150 EAST49TH STREET, BUILDING #1,CLEVELAND, OHIO 44105.

Estimated Quantity of One (1)Cab/Chassis with Van Body, Esti-mated Quantity of One (1)Cab/Chassis with Utility ServiceBody, and Estimated Quantity ofThree (3) Cab/Chassis with Utili-ty Service Body, for the VariousDivisions, Department of PublicService, as authorized by Ordi-nance No. 829-05, passed by theCouncil of the City of Cleveland,May 9, 2005.

THERE WILL BE A NON-MAN-DATORY PRE-BID MEETINGTHURSDAY, JUNE 1, 2006 AT 2:00P.M., DIVISION OF MOTOR VEHI-CLE MAINTENANCE, 4150 EAST49TH STREET, BUILDING #1,CLEVELAND, OHIO 44105.

May 17, 2006 and May 24, 2006

FRIDAY, JUNE 9, 2006

Disposal of Construction and Demo-lition Debris (Contract “C & D”),for the Division of Waste Collec-tion and Disposal, Department ofPublic Service, as authorized byOrdinance No. 303-06, passed bythe Council of the City of Cleve-land, March 20, 2006.

THERE WILL BE A NON-MAN-DATORY PRE-BID MEETING

THURSDAY, MAY 25, 2006 AT11:00 A.M., DIVISION OF WASTECOLLECTION, 5600 CARNEGIEAVENUE, CLEVELAND, OHIO44103.

Transfer and Disposal of BulkWaste — “Contract B”, for theDivision of Waste Collection andDisposal, Department of PublicService, as authorized by Ordi-nance No. 301-06, passed by theCouncil of the City of Cleveland,March 27, 2006.

THERE WILL BE A NON-MAN-DATORY PRE-BID MEETINGTHURSDAY, MAY 25, 2006 AT10:00 A.M., DIVISION OF WASTECOLLECTION, 5600 CARNEGIEAVENUE, CLEVELAND, OHIO44103.

May 17, 2006 and May 24, 2006

WEDNESDAY, JUNE 14, 2006

Runway 10-28 Safety ImprovementsPhase 1-Part B WBS No. E-220-05,for the Various Divisions, Depart-ment of Port Control, as authorizedby Ordinance No. 2376-02, passedby the Council of the City ofCleveland, March 10, 2003.

THERE WILL BE A NON-REFUND-ABLE FEE FOR PLANS/SPECI-FICATIONS IN THE AMOUNT OFTWO HUNDRED DOLLARS($200.00) IN THE FORM OF ACASHIER’S CHECK AND/ORMONEY ORDER.

THERE WILL BE A NON-MAN-DATORY PRE-BID MEETING,THURSDAY, MAY 25, 2006 AT10:00 A.M., CLEVELAND HOP-KINS INTERNATIONAL AIR-PORT’S ENGINEERING BUILD-ING, 19501 FIVE POINTS ROAD,CLEVELAND, OHIO 44135.

May 17, 2006 and May 24, 2006

THURSDAY, JUNE 8, 2006

Uniform and Equipment for theCleveland EMS, for the Division ofEMS, Department of Public Safety,as authorized by Ordinance No.1667-83, passed by the Council ofthe City of Cleveland, June 19,1984.

THERE WILL BE A NON-MAN-DATORY PRE-BID MEETING,FRIDAY, JUNE 2, 2006 AT 10:00A.M., EMS HEADQUARTERS, 1701LAKESIDE AVENUE, CLEVE-LAND, OHIO 44114.

May 24, 2006 and May 31, 2006

WEDNESDAY, JUNE 14, 2006

Landscape Maintenance at VariousPublic Utilities Facilities, for theVarious Divisions, Department ofPublic Utilities, as authorized byOrdinance No. 1024-05, passed bythe Council of the City of Cleve-land, September 19, 2005.

THERE WILL BE A MANDATORYPRE-BID MEETING, MONDAY,JUNE 5, 2006 AT 11:00 A.M., 1201LAKESIDE AVENUE, CLEVE-LAND, OHIO 44114.

THE CITY WILL NOT CONSIDERTHE BID OF ANYONE WHODOES NOT ATTEND A MANDA-TORY PRE-BID CONFERENCE.

Landscape Installation at VariousPublic Utilities Facilities, for theVarious Divisions, Department ofPublic Utilities, as authorized byOrdinance No. 1024-05, passed bythe Council of the City of Cleve-land, September 19, 2005.

THERE WILL BE A MANDATORYPRE-BID MEETING, MONDAY,JUNE 5, 2006 AT 11:00 A.M., 1201LAKESIDE AVENUE, CLEVE-LAND, OHIO 44114.

THE CITY WILL NOT CONSIDERTHE BID OF ANYONE WHODOES NOT ATTEND A MANDA-TORY PRE-BID CONFERENCE.

May 24, 2006 and May 31, 2006

THURSDAY, JUNE 15, 2006

Fire Station City Wide Upgrade ofExisting Facilities, for the Divi-sion of Architecture, Departmentof Public Utilities, as authorizedby Ordinance No. 2145-03, passedby the Council of the City ofCleveland, February 9, 2004.

THERE WILL BE A REFUNDABLEFEE FOR PLANS/SPECIFICA-TIONS IN THE AMOUNT OFFIFTY DOLLARS ($50.00) IN THEFORM OF A CASHIER’S CHECKAND/OR MONEY ORDER.

THERE WILL BE A NON-MAN-DATORY PRE-BID MEETINGFRIDAY, JUNE 2, 2006 AT 10:00A.M., FIRE STATION NO. 13, 4950BROADWAY AVENUE, CLEVE-LAND, OHIO 44127.

May 24, 2006 and May 31, 2006

WEDNESDAY, JUNE 21, 2006

SANS (Storage Area Network), forthe Division of Water, Departmentof Public Utilities, as authorizedby Ordinance No. 1019-05, passedby the Council of the City ofCleveland, July 13, 2005.

THERE WILL BE A NON-MAN-DATORY PRE-BID MEETINGTUESDAY, JUNE 6, 2006 AT 10:00A.M., PENTON MEDIA BUILDING,1300 EAST 9TH STREET, 4THFLOOR CONFERENCE ROOM,CLEVELAND, OHIO 44114.

May 24, 2006 and May 31, 2006

FRIDAY, JUNE 30, 2006

Nottingham Water Works Plant Fin-ished and Raw Water Pump Con-trols Project No. 543, for the Divi-sion of Water, Department of Pub-lic Utilities, as authorized by Ordi-nance No. 2233-05, passed by theCouncil of the City of Cleveland,February 13, 2006.

THERE WILL BE A REFUNDABLEFEE FOR PLANS/SPECIFICA-TIONS IN THE AMOUNT OF ONEHUNDRED DOLLARS ($100.00) INTHE FORM OF A CASHIER’SCHECK AND/OR MONEY ORDER.

THERE WILL BE A NON-MAN-DATORY PRE-BID MEETINGMONDAY, JUNE 5, 2006 AT 9:00A.M., PUBLIC UTILITIES BUILD-ING AUDITORIUM, 1201 LAKE-SIDE AVENUE, CLEVELAND,OHIO 44114.

May 24, 2006 and May 31, 2006

May 24, 2006 The City Record 21

995

ADOPTED RESOLUTIONS

AND ORDINANCES

Res. No. 828-06.By Council Members Cimperman,

Brady and Sweeney (by request).An emergency resolution declar-

ing the intent to vacate a portion ofStarkweather Ave., and portions ofWest 7th Street.

Whereas, this Council is satisfiedthat there is good cause to vacate aportion of Starkweather Ave. andportions of West 7th Street, asdescribed; and

Whereas, this resolution consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That this Council de-clares its intent to vacate a portionof the following described real prop-erty:

A portion of Starkweather Ave.Commencing at a stone with a

drill hole found within a monumentbox at the intersection of West 7thStreet and Mary Avenue S.W.vacated by City Ordinance #706-39;

Thence South 37° 29' 21" Eastalong the centerline of West 7thStreet, 28.07 feet to a point;

Thence leaving said centerline,South 52° 30' 39" West, 35.00 feet tothe True Point of Beginning for theparcel herein described;

Thence South 37° 29' 21" East,51.56 feet to a point;

Thence, along the arc of a curvewhich deflects to the right, 26.21feet to the existing southerly right-of-way line of Starkweather AvenueS.W., said curve having a radius of164.64 feet, a central angle of 09° 07'18", and a chord of 26.18 feet whichbears South 32° 57' 07" East;

Thence along said southerly right-of-way line, along the arc of a curvewhich deflects to the left, 21.71 feetto a point, said curve having aradius of 43.30 feet, a central angleof 28° 43' 38", and a chord of 21.48feet which bears North 77° 22' 24"West;

Thence South 88° 15' 47" West con-tinuing along said southerly right-of-way line, 132.82 feet to a point;

Thence leaving said right-of-wayline, along the arc of a curve whichdeflects to the left, 91.12 feet to apoint, said curve having a radius of246.00 feet, a central angle of 21° 13'18", and a chord of 90.60 feet whichbears North 63° 00' 14" East;

Thence North 52° 23' 35" East,34.56 feet to the point of beginning,containing within said bounds 0.0910acres.

Portions of West 7th StreetArea 1

The easterly 14.50 feet of West 7thStreet from 9.50 feet north of thenortherly line of Mary Avenue S.W.as vacated by City Ordinance #706-39 to 9.50 feet south of the souther-ly line of Marquardt Avenue S.W.

Area 2The westerly 14.50 feet of West

7th Street from the northerly line ofStarkweather Avenue S.W. to 10.00feet south of the southerly line ofUniversity Court.

Area 3Commencing at a stone with a

drill hole found within a monumentbox at the intersection of West 7thStreet and Mary Avenue S.W vacat-ed by City Ordinance #706-39;

Thence South 37° 29' 21" Eastalong the centerline of West 7thStreet, 42.43 feet to a point;

Thence leaving said centerline,North 52° 30' 39" East, 35.00 feet tothe easterly right-of-way line ofWest 7th Street and the True Pointof Beginning for the parcel hereindescribed;

Thence North 52° 23' 35" Eastleaving said right-of-way line, 14.50feet to a point;

Thence South 37° 29' 21" East,28.37 feet to a point;

Thence South 11° 01' 55" East,34.94 feet to said easterly right-of-way line;

Thence, along the arc of a curvewhich deflects to the left along saidright-of-way line, 22.48 feet to apoint, said curve having a radius of231.67 feet, a central angle of 05° 33'36", and a chord of 22.47 feet whichbears North 34° 46' 05" West;

Thence North 37° 29' 21" Westcontinuing along said right-of-wayline, 37.17 feet to the point of begin-ning, containing within said bounds0.0144 acres.

Legal Description approved byGreg Esber, Section Chief, Plats,Surveys and House Numbering Sec-tion.

Section 2. That this resolution isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Adopted May 15, 2006.Effective May 19, 2006.

Res. No. 829-06.By Council Members Cimperman,

Brady and Sweeney (by request).An emergency resolution declar-

ing the intent to vacate a portion ofWest 5th Street and a portion ofHouston Avenue S.W.

Whereas, this Council is satisfiedthat there is good cause to vacate aportion of Houston Avenue S.W. anda portion of West 5th Street; now,therefore,

Be it resolved by the Council ofthe City of Cleveland:

Section 1. That this Council de-clares its intent to vacate a portionof the following described real prop-erty:

A portion West 5th Street VacationBeing all that portion of West 5th

Street (40' wide) and its Westerlyturnout extending Southerly fromthe Southerly line of Marquardt Ave-nue S.W. (33' wide) to the Northerlylimited access line of the Interstate480 Freeway.

A portion Houston Avenue S.W.Vacation

Being all that portion of HoustonAvenue S.W. (40' wide) and itsturnouts extending Easterly from

the Easterly line of West 5th Streetto a point which is 105 feet from thecenterline of West 5th Street asshown in Volume 134, Page 36 ofCuyahoga County Map Records.

Legal Description approved byGreg Esber, Section Chief, Plats,Surveys and House Numbering Sec-tion.

Section 2. That this resolution isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Adopted May 15, 2006.Effective May 19, 2006.

Res. No. 859-06.By Council Member Sweeney.An emergency resolution fixing

the summer schedule of meetings ofthe Council of the City of Cleveland.

Whereas, this resolution consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it resolved by the Council ofthe City of Cleveland:

Section 1. That the schedule ofmeetings during the summer monthsof the Council of the City of Cleve-land is hereby fixed as follows:

July 12, 2006August 9, 2006

A notice identifying the time ofthe meeting as well as a scheduleof committee meetings, if any, to beheld prior to the meeting shall beprepared by the Clerk prior to eachof the above meeting dates. TheCouncil will resume regular sessionat 7:00 p.m. on Monday, September11, 2006.

Section 2. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Adopted May 15, 2006.Effective May 19, 2006.

Res. No. 902-06.By Council Members Britt and

Conwell.An emergency resolution declar-

ing the intent to vacate a portion ofEast 109th Street.

Whereas, this Council is satisfiedthat there is good cause to vacate aportion of East 109th Street, asdescribed; and

Whereas, this resolution consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it resolved by the Council ofthe City of Cleveland:

22 The City Record May 24, 2006

996

Section 1. That this Council de-clares its intent to vacate a portionof the following described real prop-erty:

Declaring the intent to vacate aportion of East 109th Street (40 feetwide) extending southerly from thesoutherly right of way line of Deer-ing Avenue S.E. (44 feet wide) andthe southwesterly right of way ofStearns Road S.E. (width varies) tothe Northerly right of way line ofCarnegie Avenue S.E. (86 feetwide).

Legal Description approved byGreg Esber, Section Chief, Plats,Surveys and House Numbering Sec-tion.

Section 2. That this resolution isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Adopted May 15, 2006.Effective May 19, 2006.

Res. No. 907-06.By Council Member Sweeney.An emergency resolution opposing

those provisions of Amended Substi-tute Senate Bill 7 relating to theOhio Workers’ Compensation Lawthat are detrimental to workers andsupporting the efforts of those seek-ing voter rejection of those provi-sions of Amended Substitute SenateBill 7.

Whereas, Amended Substitute Sen-ate Bill 7 (Am. Sub. S.B. 7) waspassed by the Ohio General Assem-bly on March 8, 2006, signed by Gov-ernor Bob Taft on March 28, 2006,filed with Secretary of State J. Ken-neth Blackwell on March 31, 2006,and will become effective June 30,2006 unless a Referendum is filed bythat date; and

Whereas, Am. Sub. S.B. 7 revisesprovisions and enacts new provi-sions of the Ohio Revised Code relat-ing to the Workers’ CompensationLaw; and

Whereas, many of the revisionsand enactments adversely affectinjured workers by either limitingor eliminating workers’ rights underthe law; and

Whereas, for example, Am. Sub.S.B. 7 eliminates a worker’s abilityto file a claim for psychologicalinjury unless the worker personallyexperienced a physical injury; and

Whereas, Am. Sub. S.B. 7 elimi-nates a worker’s ability to file aclaim for an aggravation of a pre-existing condition unless the aggra-vation is substantial; and

Whereas, Am. Sub. S.B. 7 reducesthe life of a Workers’ Compensationclaim from 10 to 5 years; and

Whereas, Am. Sub. S.B. 7 reducesthe calculation for weekly benefitsthat are payable in certain perma-nent total disability cases; and

Whereas, Am. Sub. S.B. 7 reducesthe ability to obtain statutory per-manent total disability; and

Whereas, certain individuals andgroups, including workers from theUnited Auto Workers Union, are

seeking signatures in order to sub-mit to the electors of the State ofOhio to determine whether certainprovisions detrimental to workersshould remain in the law; and

Whereas, when sufficient signa-tures are obtained and the measuregoes to a vote on November 7, 2006,then the electors of the State ofOhio will decide whether the provi-sions that limit or eliminate work-ers’ rights stay in the law or not;and

Whereas, this resolution consti-tutes an emergency measure for theimmediate preservation of publicpeace, property, health or safety,now, therefore,

Be it resolved by the Council ofthe City of Cleveland:

Section 1. That this Council here-by opposes those provisions ofAmended Substitute Senate Bill 7relating to the Ohio Workers’ Com-pensation Law that are detrimentalto workers and supports the effortsof those seeking voter rejection ofthose provisions of Amended Substi-tute Senate Bill 7.

Section 2. That the Clerk is here-by directed to transmit copies ofthis resolution to Governor BobTaft, all members of the Ohio Gen-eral Assembly representing Cuya-hoga County and to the Chairman ofthe United Auto Workers Cuyahoga-Medina Community Action ProgramCouncil in Cleveland.

Section 3. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Adopted May 15, 2006.Effective May 19, 2006.

Res. No. 908-06.By Council Members Lewis, Swee-

ney, Zone, Santiago, White, Cimper-man, Brancatelli, Britt, Pierce Scott,Coats, Conwell, Reed, Johnson,Polensek, Westbrook, Kelley, Turnerand Dolan.

An emergency resolution callingupon the President of the UnitedStates and the United States Con-gress to extend the deadline untilthe end of the year, and eliminatethe penalty to sign up for a Medi-care prescription drug program.

Whereas, the deadline for seniorsto sign up for a Medicare drug planis midnight tonight, May 15, 2006;and

Whereas, under the law, Medicarebeneficiaries who do not sign up fora drug plan by the May 15th dead-line must wait until November 15thto sign up and will pay a penaltyof 1 percent of their monthly pre-mium per month for each monthdelayed; and

Whereas, the Medicare plan hasdozens of prescription drug plansfrom which to choose, making itextremely confusing for manyseniors to try to figure out whichplan is best; and

Whereas, the law is so confusingfor seniors that more time is need-

ed for them to get an adequateunderstanding of the drug plansoffered; and

Whereas, as of two days ago,more than 10 million seniors havenot yet enrolled, including almosthalf-million in Ohio; and

Whereas, this resolution consti-tutes an emergency measure for theimmediate preservation of publicpeace, property, health or safety,now, therefore,

Be it resolved by the Council ofthe City of Cleveland:

Section 1. That this Council here-by calls upon the President of theUnited States and the United StatesCongress to extend the deadlineuntil the end of the year and elimi-nate the penalty to sign up for aMedicare prescription drug program.

Section 2. That the Clerk of Coun-cil is hereby directed to transmitcertified copies of this resolution tothe President of the United StatesSenators DeWine and Voinovich andall U.S. Representatives from Ohio.

Section 3. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Adopted May 15, 2006.Effective May 19, 2006.

Res. No. 909-06.By Council Member Conwell.An emergency resolution object-

ing to the transfer of liquor licenseof a C1 Liquor Permit to 11701 St.Clair Avenue.

Whereas, Council has been noti-fied by the Department of LiquorControl of an application for thetransfer of liquor license of a C1Liquor Permit from Yasini, Inc.,11700 St. Clair Avenue, 1st floor andbasement only, Cleveland, Ohio44108, Permanent Number 9821036 toYasini, Inc., DBA Russells Foods,11701 St. Clair Avenue, Cleveland,Ohio 44108, Permanent Number98210360001; and

Whereas, the granting of thisapplication for a liquor permit tothis high crime area, which isalready saturated with other liquoroutlets, is contrary to the best inter-ests of the entire community; and

Whereas, the applicant does notqualify to be a permit holder and/orhas demonstrated that he has oper-ated his liquor business in disregardof the laws, regulations or localordinances of this state or any otherstate; and

Whereas, the place for which thepermit is sought has not conformedto the building, safety or healthrequirements of the governing bodyof this County or City; and

Whereas, the place for which thepermit is sought is so arranged orconstructed that law enforcementofficers or agents of the Departmentof Liquor Control are prevented rea-sonable access to the establishment;and

Whereas, the place for which thepermit is sought is so located with

May 24, 2006 The City Record 23

997

respect to the neighborhood that itsubstantially interferes with publicdecency, sobriety, peace or goodorder; and

Whereas, this objection is basedon other legal grounds as set forthin Revised Code Section 4303.292;and

Whereas, this resolution consti-tutes an emergency measure pro-viding for the immediate preserva-tion of the public peace, prosperi-ty, safety and welfare pursuant toSection 4303.26 of the Ohio RevisedCode. Council’s objection to saidpermit must be received by theDirector of Liquor Control within30 days of notification; now, there-fore,

Be it resolved by the Council ofthe City of Cleveland:

Section 1. That Council does here-by record its objection to the trans-fer of liquor license of a C1 LiquorPermit from Yasini, Inc., 11700 St.Clair Avenue, 1st floor and base-ment only, Cleveland, Ohio 44108,Permanent Number 9821036 toYasini, Inc., DBA Russells Foods,11701 St. Clair Avenue, Cleveland,Ohio 44108, Permanent Number98210360001 and requests the Direc-tor of Liquor Control to set a hear-ing for said application in accor-dance with provisions of Section4303.26 of the Revised Code of Ohio.

Section 2. That the Clerk of Coun-cil be and she is hereby directed totransmit two certified copies of thisresolution, together with two copiesof a letter of objection and twocopies of a letter requesting that thehearing be held in Cleveland, Cuya-hoga County.

Section 3. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise, itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Adopted May 15, 2006.Effective May 19, 2006.

Res. No. 910-06.By Council Member Westbrook.An emergency resolution object-

ing to a New C1 Liquor Permit at9827-31 Denison Avenue.

Whereas, Council has been noti-fied by the Department of LiquorControl of an application for a NewC1 Liquor Permit at Yana Quraan,DBA Sam’s Food Market & Deli,9827-31 Denison Avenue, Cleveland,Ohio 44102, Permanent Number7184725; and

Whereas, the granting of thisapplication for a liquor permit tothis high crime area, which isalready saturated with other liquoroutlets, is contrary to the best inter-ests of the entire community; and

Whereas, the applicant does notqualify to be a permit holder and/orhas demonstrated that he has oper-ated his liquor business in disregardof the laws, regulations or localordinances of this state or any otherstate; and

Whereas, the place for which thepermit is sought has not conformed

to the building, safety or healthrequirements of the governing bodyof this County or City; and

Whereas, the place for which thepermit is sought is so arranged orconstructed that law enforcementofficers or agents of the Departmentof Liquor Control are prevented rea-sonable access to the establishment;and

Whereas, the place for which thepermit is sought is so located withrespect to the neighborhood that itsubstantially interferes with publicdecency, sobriety, peace or goodorder; and

Whereas, this objection is basedon other legal grounds as set forthin Revised Code Section 4303.292;and

Whereas, this resolution consti-tutes an emergency measure pro-viding for the immediate preserva-tion of the public peace, prosperi-ty, safety and welfare pursuant toSection 4303.26 of the Ohio RevisedCode. Council’s objection to saidpermit must be received by theDirector of Liquor Control within30 days of notification; now, there-fore,

Be it resolved by the Council ofthe City of Cleveland:

Section 1. That Council does here-by record its objection to a New C1Liquor Permit at Yana Qauraan,DBA Sam’s Food Market & Deli,9827-31 Denison Avenue, Cleveland,Ohio 44102, Permanent Number7184725; and requests the Director ofLiquor Control to set a hearing forsaid application in accordance withprovisions of Section 4303.26 of theRevised Code of Ohio.

Section 2. That the Clerk of Coun-cil be and she is hereby directed totransmit two certified copies of thisresolution, together with two copiesof a letter of objection and twocopies of a letter requesting that thehearing be held in Cleveland, Cuya-hoga County.

Section 3. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise, itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Adopted May 15, 2006.Effective May 19, 2006.

Ord. No. 1992-05.By Council Member Lewis.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located on Harlem Court to LulaBlevins.

Whereas, the City of Clevelandhas elected to adopt and implementthe procedures under Chapter 5722of the Ohio Revised Code to facili-tate reutilization of nonproductivelands situated within the City ofCleveland; and

Whereas, real property acquiredunder the City’s Land ReutilizationProgram is acquired, held, adminis-tered and disposed of by the City ofCleveland through its Department ofCommunity Development under the

terms of Chapter 5722 of the OhioRevised Code and Section 183.021 ofCodified Ordinances of the City ofCleveland, 1976; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent No(s). 104-23-055, as morefully described below, to LulaBlevins.

Section 2. That the real propertyto be sold pursuant to this ordinanceis more fully described as follows:

P. P. No. 104-23-055Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio, and known as being Sublot No.160 in C.A. Post Trustee’s Subdivi-sion of part of Original Ten AcreLot Nos. 127, 128 and 129, as shownby the recorded plat in Volume 11of Maps, Page 37 of Cuyahoga Coun-ty Records, and being 27 feet fronton the Northwesterly side of HarlemCourt N.E., (formerly East Court),and extending back of equal width133.59 feet to an alley in the rear,as appears by said plat, be the samemore or less, but subject to all legalhighways.

Section 3. That all documents nec-essary to complete the conveyanceauthorized by this ordinance shallbe executed within six (6) monthsof the effective date of this ordi-nance. If all of the documents arenot executed within six (6) monthsof the effective date of this ordi-nance, or such additional time asmay be granted by the Director ofCommunity Development, this ordi-nance shall be repealed and shall beof no further force or effect.

Section 4. That the considerationfor the subject parcel shall be estab-lished by the Board of Control andshall be not less than Fair MarketValue taking into account suchterms and conditions, restrictionsand covenants as are deemed nec-essary or appropriate.

Section 5. That the conveyanceauthorized hereby shall be made byofficial deed prepared by the Direc-tor of Law and executed by theMayor on behalf of the City ofCleveland. The deed shall containsuch provisions as may be necessaryto protect and benefit the publicinterest including such restrictivecovenants and reversionary inter-ests as may be specified by theBoard of Control, the Director ofCommunity Development or theDirector of Law.

Section 6. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

24 The City Record May 24, 2006

998

Ord. No. 2204-05.By Council Members Reed and

Jackson (by departmental request).An emergency ordinance authoriz-

ing the Director of Public Safety toapply for and accept a grant fromthe Federal Emergency Manage-ment Agency for the 2005 Assistanceto Firefighters, Fire Prevention andSafety Grant; and to enter into oneor more requirement contracts nec-essary for the purchase of materials,equipment, supplies, and trainingnecessary to implement the grant.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPublic Safety is authorized to applyfor and accept a grant in theamount of $79,628, from FederalEmergency Management Agency toconduct the 2005 Assistance to Fire-fighters, Fire Prevention and SafetyGrant; that the Director of PublicSafety is authorized to file allpapers and execute all documentsnecessary to receive the funds underthe grant; and that the funds areappropriated for the purposes setforth in the application for thegrant contained in the file describedbelow.

Section 2. That the application forthe grant, File No. 2204-05-A, made apart of this ordinance as if fullyrewritten is approved in all respects.

Section 3. That the Director ofPublic Safety shall have the author-ity to extend the term of the grantif the extension does not involve anincrease in the dollar amount of thegrant specified above.

Section 4. That the Director ofPublic Safety is authorized to makeone or more written requirementcontracts under the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for the requirements dur-ing the grant term of the necessaryitems of materials, equipment, sup-plies, and training needed to imple-ment the grant, to be purchased bythe Commissioner of Purchases andSupplies on a unit basis for theDepartment of Public Safety. Bidsshall be taken in a manner thatpermits an award to be made forall items as a single contract, or byseparate contract for each or anycombination of the items as theBoard of Control shall determine.Alternate bids for a period lessthan the grant term may be takenif desired by the Commissioner ofPurchases and Supplies until provi-sion is made for the requirementsfor the entire term.

Section 5. That the costs of thecontracts shall be charged againstthe proper appropriation accountsand the Director of Finance shallcertify the amount of the initial pur-chase, which purchase, togetherwith all later purchases, shall bemade on order of the Commissionerof Purchases and Supplies under arequisition against the contract orcontracts certified by the Director.

Section 6. That under Section108(b) of the Charter, the purchasesauthorized by this ordinance may bemade through cooperative agree-ments using state procedures. The

Director of Public Safety may signall documents with the State of Ohioor any of its political subdivisionsthat are necessary to make the pur-chases, and may enter into one ormore contracts with the vendorsselected through that cooperativeprocess.

Section 7. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 2211-05.By Council Members Pierce Scott,

Lewis and Jackson (by depart-mental request).

An emergency ordinance to amendSections 1, 2, and 5 of Ordinance No.257-97, passed April 14, 1997, asamended by various ordinances, re-lating to expending Economic De-velopment Initiative Grant and Sec-tion 108 Funds for the operation ofthe Empowerment Zone BusinessOpportunity Program and to enterinto contracts under this program.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That Sections 1, 2, and5 of Ordinance No. 257-97, passedApril 14, 1997, as amended by Ord.Nos. 587-99, passed June 7, 1999, 905-01, passed June 11, 2001, and 2204-04,passed March 28, 2005, are amendedto read as follows:

Section 1. That the Director ofEconomic Development is autho-rized to enter into contracts forfinancial assistance, the aggregateamount of which shall not exceed$3,200,000.00, and execute otheragreements with small businessesas are necessary for the Empower-ment Zone Business OpportunityProgram (“Program”) which Pro-gram provides grants and loans tosmall businesses in the Empower-ment Zone.

Section 2. That, any contractauthorized in this ordinance shallnot exceed $155,000 to any singlesmall business and shall receivethe written approval of the Councilperson in whose ward the smallbusiness is located; the costs of thecontract shall be paid from FundNos. 18 SF 003 and 18 SF 001,Request Nos. 22285 and 126237. Con-tracts for purposes of the Programin excess of $155,000.00 may beapproved by Council by appropriatelegislation.

Section 5. That the contractingauthority granted shall expire onDecember 31, 2006, the Director ofEconomic Development shall, withinsix months of the effective date ofthis ordinance, report to Council onactivity of the Program, including,but not limited to, the number andvalue of contracts entered into and

projects completed under the Pro-gram.

Section 2. That existing Sections1, 2, and 5 of Ordinance No. 257-97,passed April 14, 1997, as amended byOrd. Nos. 587-99, passed June 7, 1999,905-01, passed June 11, 2001, and2204-04, passed March 28, 2005, arerepealed.

Section 3. That the Director ofEconomic Development will reportto Council every six months on thestatus of the Empowerment Zone.

Section 4. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 17-06.By Council Members Cummins,

Brady, Cimperman and Sweeney (bydepartmental request).

An emergency ordinance to vacatea portion of the 1st Un-Named Alley,West of Pearl Road from KratherRoad to its Northerly terminus.

Whereas, under Resolution No.2127-04 adopted January 31, 2005,this Council declared its intention tovacate a portion of the 1st Un-Named Alley, West of Pearl Roadfrom Krather Road to its Northerlyterminus; and

Whereas, notice of the adoption ofthe above vacation was served onthe abutting property owners affect-ed by the resolution which stated atime and place when objectionswould be heard before the Board ofRevision of Assessments; and

Whereas, on December 13, 2005,the Board of Revision of Assess-ments approved the above vacationunder the provisions of Section 176of the Charter of the City of Cleve-land; and

Whereas, this Council is satisfiedthat there is good cause for vacat-ing a portion of the above and thatit will not be detrimental to the gen-eral interest and that it should bemade; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That this Council de-clares that the following describedreal property is vacated:

Being the first (1st) Un-NamedAlley (14 feet wide) Westerly ofPearl Road on the Northerly side ofKrather Road and extending North-erly from the Northerly line ofKrather Road (40 feet wide) to theNortherly line of the Henry KratherAllotment of part of original Brook-lyn Township Lot Nos. 57 and 64 asshown by the recorded map in Vol-ume 25, page 17 of Cuyahoga Coun-ty Records.

Reviewed and approved by GregEsber, Survey Section Chief forE&C.

May 24, 2006 The City Record 25

999

Section 2. That there is reservedto the City of Cleveland an ease-ment of full width as describedabove for SBC.

That no structures shall be erect-ed on the premises described in thiseasement except those constructedunder the approval of, and in com-pliance with, plans approved by theentities requesting easements.

Section 3. That provided all re-quired approvals have been ob-

tained, the Commissioner of Engi-neering and Construction is directedto record the vacation plat in theoffice of the Recorder of CuyahogaCounty.

Section 4. That the Clerk of Coun-cil is directed to transmit a copy ofthis ordinance to the Auditor ofCuyahoga County.

Section 5. That this ordinance isdeclared to be an emergency mea-

sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

26 The City Record May 24, 2006

1000

Ord. No. 199-06.

By Council Member Cimperman.

An ordinance changing the Use District of property on the southwest corner of St. Clair Avenue and Old River

Road (West 11th Street) as shaded on the attached map from a General Industry Use District to a General Retail

Use District (Map Change No. 2174, Sheet 1).

Be it ordained by the Council of the City of Cleveland:

Section 1. That the Use Districts of lands bounded and described as follows:

Beginning in the centerline of Saint Clair Avenue (50 feet wide) at its intersection with the centerline of Old

River Road (West 11th Street);

Thence Northwesterly along the centerline of Old River Road approximately 82.77 feet to its intersection with

the Northeasterly prolongation of the Northerly line of Cuyahoga County Auditor’s permanent parcel number (PPN)

101-13-018;

Thence Southwesterly along said Northerly line of said PPN 101-13-018 in a straight line to the centerline of

the Cuyahoga River;

Thence Southeasterly along said centerline of the Cuyahoga River approximately 45.16 feet to its intersection

with the Southwesterly prolongation of the centerline of Saint Clair Avenue;

Thence Northeasterly along said prolongation and centerline of Saint Clair Avenue to its intersection with Old

River Road and the principal place of beginning;

and shaded on the attached map is changed to a General Retail Business District.

Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No.

2174, Sheet No. 1, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office

of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person

designated for this purpose by the City Planning Commission.

Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed May 15, 2006.

Effective June 24, 2006.

Ord. No. 200-06.

By Council Member Santiago.

An ordinance changing the Use and Area Districts of properties located on the southeast corner of Fulton Road

and Meyer Avenue from a Two Family Residential District, a ‘B’ Area District to an RA2 Townhouse District

(Map Change No. 2173, Sheet No. 2).

Be it ordained by the Council of the City of Cleveland:

Section 1. That the Use and Area Districts of lands bounded and described as follows:

Beginning at the centerline of Fulton Road and its intersection with the centerline of Meyer Avenue;

Thence Northeasterly along the centerline of Fulton Road to its intersection with the Northwesterly

prolongation of the Northerly line of Sublot No. 3 in the G.E. & G.L. Hartnell Subdivision as shown by the

recorded plat in Volume 5 of Maps and Page 35 of Cuyahoga County Records (said parcel also being known

as PPN 007-31-005);

Thence Southeasterly along said Northerly line to its intersection with the Easterly line of said Sublot

No. 3;

Thence Southerly along said Easterly line of Sublot No. 3, continuing along the Easterly line of Sublot No. 8

and its Southerly prolongation to its intersection with the centerline of Meyer Avenue;

Thence Northwesterly along said centerline of Meyer Avenue to its intersection with the centerline of Fulton

Road and the principal place of beginning.

and as outlined and shaded on the attached map is changed to an RA2 Townhouse District.

Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No.

2173, Sheet No. 2, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office

of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person

designated for this purpose by the City Planning Commission.

Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed

by law.

May 24, 2006 The City Record 27

1001

Passed May 15, 2006.

Effective June 24, 2006.

Ord. No. 455-06.By Council Members Conwell and

Sweeney (by departmental request).An emergency ordinance authoriz-

ing the Director of Public Safety toapply for and accept a grant fromthe United States Department of Jus-tice, Office on Violence AgainstWomen, for the Cleveland ArrestProgram; and authorizing the direc-tor to enter into one or more con-tracts with various entities to imple-ment the program.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPublic Safety is authorized to applyfor and accept a grant in theamount of $400,000, from the UnitedStates Department of Justice, Officeon Violence Against Women, to con-duct the Cleveland Arrest Program;that the Director is authorized tofile all papers and execute all doc-uments necessary to receive thefunds under the grant; and that thefunds are appropriated for the pur-poses described in the applicationfor the grant contained in the filedescribed below.

Section 2. That the application forthe grant, File No. 455-06-A, made apart of this ordinance as if fully re-written, is approved in all respects.

Section 3. That the Director ofPublic Safety shall have the author-ity to extend the term of the grantif the extension does not involve anincrease in the dollar amount of thegrant specified above.

Section 4. That the Director ofPublic Safety is authorized to enterinto one or more contracts with var-ious entities, including Partnershipfor a Safer Cleveland, Domestic Vio-lence Center, the West Side CatholicCenter, and the Cuyahoga CountyWitness Victim Service Center toimplement the grant as described inthe application.

Section 5. That the cost of the con-tract or contracts shall be paid fromthe fund or funds which are creditedthe grant proceeds accepted underthis ordinance.

Section 6. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 503-06.By Council Members Cimperman,

Pierce Scott and Sweeney (by de-partmental request).

An emergency ordinance authoriz-ing the Director of Economic Devel-opment to enter into a loan contractwith JurInnov. Ltd. to assist withequipment acquisition as the Com-pany moves its corporate headquar-ters into the IdeaCenter building.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofEconomic Development is autho-rized to enter into a contract withJurInnov. Ltd. to assist with equip-ment acquisition as the Companymoves its corporate headquartersinto the IdeaCenter building, locat-ed at 1375 Euclid Avenue.

Section 2. That the costs of saidcontract shall not exceed Two Hun-dred Thousand and 00/100 Dollars($200,000.00), and shall be paid fromFund No. 17 SF 008, Request No.10394.

Section 3. That the Director ofEconomic Development is autho-rized and directed to accept collat-eral as said director shall deem ade-quate in order to secure repaymentof said loan. Any security instru-ment shall be prepared and ap-proved by the Director of Law.

Section 4. That the Director ofEconomic Development is autho-rized to accept monies in repaymentof the loan and to deposit saidmonies in Fund No. 17 SF 006.

Section 5. That the Director ofEconomic Development is autho-rized to charge and accept fees inan amount not to exceed the maxi-mum allowable under federal regu-lations and such fees are appropri-ated to cover costs incurred in thepreparation of the loan application,closing and servicing of the loan.Such fees shall be deposited to andexpended from Fund No. 17 SF 305,Loan Fees Fund.

Section 6. That the Director ofLaw is authorized to prepare saidcontract and such other documentsas may be appropriate to completethe transaction.

Section 7. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 504-06.By Council Members Conwell and

Sweeney (by departmental request).An emergency ordinance authoriz-

ing the Director of Public Safety toapply for and accept a grant fromthe United States Department of Jus-tice for the 2006 Edward ByrneMemorial Justice Assistance Grant.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPublic Safety is authorized to applyfor and accept a grant in theamount of $278,241, from the UnitedStates Department of Justice to con-duct the 2006 Edward Byrne Memo-rial Justice Assistance Program;that the Director is authorized tofile all papers and execute all doc-uments necessary to receive thefunds under the grant; and that thefunds are appropriated for the pur-poses described in the application

for the grant contained in the filedescribed below.

Section 2. That the application forthe grant, File No. 504-06-A, made apart of this ordinance as if fully re-written, as presented to the FinanceCommittee of this Council at thepublic hearing on this legislationand shall not be changed withoutadditional legislative authority, isapproved in all respects.

Section 3. That the Director ofPublic Safety shall have the author-ity to extend the term of the grantif the extension does not involve anincrease in the dollar amount of thegrant specified above.

Section 4. That the Director ofPublic Safety is authorized to makeone or more written requirementcontracts under the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for the requirements dur-ing the grant term of the necessaryitems of mobile data computers andrelated equipment and installationfor police vehicles, in the approxi-mate amount as purchased duringthe preceding term, to be purchasedby the Commissioner of Purchasesand Supplies on a unit basis for theDivision of Police, Department ofPublic Safety. Bids shall be taken ina manner that permits an award tobe made for all items as a singlecontract, or by separate contract foreach or any combination of theitems as the Board of Control deter-mines. Alternate bids for a periodless than the specified term may betaken if desired by the Commis-sioner of Purchases and Suppliesuntil provision is made for therequirements for the entire term.

Section 5. That under Section108(b) of the Charter, the purchasesauthorized by this ordinance may bemade through cooperative agree-ments using state procedures. TheDirector of Public Safety may signall documents with the State of Ohioor any of its political subdivisionsthat are necessary to make the pur-chases, and may enter into one ormore contracts with the vendorsselected through that cooperativeprocess.

Section 6. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 572-06.By Council Members Cimperman,

Pierce Scott and Sweeney (by de-partmental request).

An emergency ordinance authoriz-ing the Director of Economic Devel-opment to enter into contract withPlayhouse Square Foundation toprovide economic development assis-tance to partially finance the Idea-Center Building located at 1375Euclid Avenue, and other associatedcosts necessary to redevelop theproperty.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

28 The City Record May 24, 2006

1002

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofEconomic Development is autho-rized to enter into contract withPlayhouse Square Foundation toprovide economic development assis-tance to partially finance the Idea-Center Building and other associat-ed costs necessary to redevelop theproperty located at 1375 EuclidAvenue, Cleveland, Ohio 44115.

Section 2. That the terms of theloan shall be according to the termsset forth in the Summary containedin File No. 572-06-A made a part ofthis ordinance as if fully rewritten,as presented to the Finance Com-mittee of this Council at the publichearing on this legislation, and areapproved in all respects and shallnot be changed without additionallegislative authority.

Section 3. That the costs of thecontract shall not exceed One Mil-lion Five Hundred Thousand Dollars($1,500,000.00), and shall be paidfrom Fund No. 17 SF 008, whichfunds are appropriated for this pur-pose, Request No. 103695.

Section 4. That the Director ofEconomic Development is autho-rized to accept the collateral as setforth in the file referenced above inorder to secure repayment of theloan. Any loan agreement, securityinstrument, or other document shallbe prepared and approved by theDirector of Law.

Section 5. That the Director ofEconomic Development is autho-rized to accept monies in repaymentof the loan and to deposit themonies in Fund No. 17 SF 006.

Section 6. That the Director ofEconomic Development is autho-rized to charge and accept fees inan amount not to exceed the maxi-mum allowable fees under federalregulations and the fees are appro-priated to cover costs incurred inthe preparation of the loan applica-tion, closing and servicing of theloan. The fees shall be deposited toand expended from Fund No. 17 SF305, Loan Fees Fund.

Section 7. That the contract andother appropriate documents neededto complete the transaction autho-rized by this legislation shall be pre-pared by the Director of Law.

Section 8. The contract authorizedin this legislation will require therecipient of financial assistance towork with The Workforce Invest-ment Board for Workforce Area No.3 to identify and solicit qualifiedcandidates for job opportunitiesrelated to the City’s contracts, andplace special emphasis on the hardto employ, including but not limitedto the disabled and persons whohave been convicted of or have pledguilty to a criminal offense, unlessthe criminal conviction or relatedcircumstances relate to the dutiesfor the particular job sought.

Section 9. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 610-06.By Council Members Conwell and

Sweeney (by departmental request).An emergency ordinance author-

izing the Director of Public Safetyto enter into Mutual Aid Agreementwith Cleveland Clinic Police Depart-ment to enforce City traffic laws,parking regulations and trafficdirection and control.

Whereas, division (D)(1) of Sec-tion 4973.17 of the Revised Codeauthorizes a hospital to enter intoagreements with municipal corpora-tions to permit police officers of apublic hospital agency or nonprofithospital agency that meet therequirements of division (D)(1) ofSection 4973.17 of the Revised Codeto preserve the peace and enforceall laws of the state and ordinancesand regulations of the municipalcorporation within areas that maybe agreed to by the hospital and themunicipal corporation; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPublic Safety is authorized to enterinto a Mutual Aid Agreement withCleveland Clinic Police Departmentto enforce City traffic laws, parkingregulations and traffic direction andcontrol in a limited agreed-upon geo-graphic area.

Section 2. That the agreementmay contain a provision that it maybe amended from time to time as theDirector of Public Safety and theCleveland Clinic deem necessary.

Section 3. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 649-06.By Council Members Conwell and

Sweeney (by departmental request).An emergency ordinance author-

izing the purchase by one or morerequirement contracts of variousmedical supplies and equipment, forthe Division of Emergency MedicalService, Department of Public Safe-ty.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPublic Safety is authorized to makeone or more written requirementcontracts under the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for the requirements fora period of one or two years, of thenecessary items of various medicalsupplies and equipment, in the ap-proximate amount as purchased dur-ing the preceding term, to be pur-chased by the Commissioner of Pur-

chases and Supplies on a unit basisfor the Division of Emergency Med-ical Service, Department of PublicSafety. Bids shall be taken in amanner that permits an award to bemade for all items as a single con-tract, or by separate contract foreach or any combination of theitems as the Board of Control deter-mines. The Director of Public Safe-ty is authorized to enter into one ormore contracts with a term of twoyears instead of one year whenthere is a financial advantage to theCity. For purposes of this ordinance,a financial advantage shall be deter-mined by the Director of PublicSafety by comparing the bids re-ceived for both terms.

Section 2. That the costs of thecontract or contracts shall becharged against the proper appro-priation accounts and the Directorof Finance shall certify the amountof the initial purchase, which pur-chase, together with all later pur-chases, shall be made on order ofthe Commissioner of Purchases andSupplies under a requisition againstthe contract or contracts certified bythe Director of Finance. (RL 163534)

Section 3. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 650-06.By Council Members Conwell and

Sweeney (by departmental request).An emergency ordinance author-

izing the Director of Pubic Safety toenter into one or more contractswithout competitive bidding withZoll Data Systems for the purchaseof maintenance, including upgradesof RescueNet EMS Pro necessary toproduce patient care run reports andfor billing, for the Division of Emer-gency Medical Service, Departmentof Public Safety.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That this Council deter-mines that the within commoditiesare non-competitive and cannot besecured from any source other thanZoll Data Systems. Therefore theDirector of Public Safety is autho-rized to make one or more writtencontracts with Zoll Data Systems onthe basis of its proposal dated Jan-uary 26, 2006, for maintenance,including upgrades of RescueNetEMS Pro necessary to producepatient care run reports and forbilling, to be purchased by the Com-missioner of Purchases and Sup-plies, for the Division of EmergencyMedical Service, Department of Pub-lic Safety.

Section 2. That the cost of the con-tract or contracts authorized shallbe paid from Fund No. 01-600402-661600, Request No. 163537.

May 24, 2006 The City Record 29

1003

Section 3. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 651-06.By Council Members Conwell and

Sweeney (by departmental request).An emergency ordinance author-

izing the Director of Public Safetyto enter into one or more contractswithout competitive bidding withStryker Medical for maintenance onpatient cots and stair chairs on res-cue squads, for the Division ofEmergency Medical Service, Depart-ment of Public Safety.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That this Council deter-mines that the within commoditiesare non-competitive and cannot besecured from any source other thanStryker Medical. Therefore theDirector of Public Safety is autho-rized to make one or more writtencontracts with Stryker Medical onthe basis of its proposal dated Jan-uary 10, 2006, for maintenance onnot to exceed 37 patient cots and notto exceed 21 stair chairs on rescuesquads to be purchased by the Com-missioner of Purchases and Sup-plies, for the Division of EmergencyMedical Service, Department of Pub-lic Safety, for a period of one or twoyears. The Director of Public Safe-ty is authorized to enter into one ormore contracts with a term of twoyears instead of one year whenthere is a financial advantage to theCity. For purposes of this ordinance,a financial advantage shall be deter-mined by the Director of PublicSafety by comparing the bids re-ceived for both terms.

Section 2. That the cost of the con-tract or contracts authorized shallbe paid from Fund No. 01-600402-661200, Request No. 163512.

Section 3. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 694-06.By Council Members Pierce Scott

and Sweeney (by departmental re-quest).

An emergency ordinance appropri-ating CDBG and Federal HOME Pro-gram funds for the administrationof the Housing Rehabilitation Pro-

grams; and authorizing the Directorof Community Development to em-ploy one or more professional con-sultants to provide property inspec-tions in compliance with Section 8Housing Quality Standards.

Whereas, the City of Clevelandhas received CDBG Year 32 andYear 2006 Federal HOME Programgrants from the United States Gov-ernment; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That CDBG and FederalHOME Program funds are appropri-ated for the administration of theHousing Rehabilitation Programs.

Section 2. That the Director ofCommunity Development is autho-rized to employ by contract or con-tracts one or more consultants orone or more firms of consultants forthe purpose of supplementing theregularly employed staff of the sev-eral departments of the City ofCleveland in order to provide pro-fessional services necessary to per-form property inspections to complywith Section 8 Housing QualityStandards.

The selection of the consultantsfor the services shall be made bythe Board of Control on the nomi-nation of the Director of Communi-ty Development from a list of qual-ified consultants available foremployment as may be determinedafter a full and complete canvass bythe Director of Community Develop-ment for the purpose of compiling alist. The compensation to be paid forthe services shall be fixed by theBoard of Control. The contract orcontracts authorized shall be pre-pared by the Director of Law,approved by the Director of Com-munity Development, and certifiedby the Director of Finance.

Section 3. That CDBG and HOMEAdministrative funds in the amountof $1,216,200 shall be paid from FundNos. 14 SF 032 and 19 SF 600.

Section 4. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 695-06.By Council Members Pierce Scott

and Sweeney (by departmental re-quest).

An emergency ordinance appro-priating Community DevelopmentBlock Grant funds for administra-tive expenses of the Code Enforce-ment Program.

Whereas, the City of Clevelandhas received a Community Develop-ment Block Grant, Year 32 from theUnited States Government; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation of

a municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That Community Devel-opment Block Grant funds in theamount of $441,000, from Fund No.14 SF 032, RL 149521, are appropri-ated for the reimbursement ofadministrative expenses of the CodeEnforcement Program incurred inFund 13 following the appropriatefederal regulations for the Depart-ment of Building and Housing, inconjunction with the CommunityDevelopment Block Grant Program.

Section 2. That prior to expendingfunds under this ordinance, theDirector of Building and Housingand the Director of CommunityDevelopment shall enter into a mem-orandum of understanding for thisprogram.

Section 3. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 16, 2006.

Ord. No. 696-06.By Council Members Pierce Scott

and Sweeney (by departmental re-quest).

An emergency ordinance appro-priating Community DevelopmentBlock Grant funds for expenses forthe Demolition Program and emer-gency contracts under the Board-upProgram; authorizing the Director ofBuilding and Housing to enter intoone or more contracts with variousagencies to implement these pro-grams; and authorizing the purchaseby one or more requirement con-tracts for the items of labor andmaterials necessary to implementthe Board-up Program.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That Community Devel-opment Block Grant funds in theamount of One Million Nine HundredSeventy-Five Thousand Six HundredDollars ($1,975,600) from Fund Nos.14 SF 031 and 14 SF 032, Request No.149522, are appropriated for costs ofthe Department of Building andHousing associated with conductingthe Demolition and Board-up Pro-grams incurred in Fund 13 follow-ing the appropriate federal regula-tions in conjunction with the Com-munity Development Block GrantProgram. A summary of CDBG Year32 Demolition/Board-up costs areplaced in File No. 696-06-A.

Section 2. That the Director ofBuilding and Housing is authorizedto enter into one or more contractswith various non-profit and for-profit agencies and entities for ser-vices necessary to implement theDemolition Program and emer-gency contracts under the Board-upProgram.

30 The City Record May 24, 2006

1004

Section 3. That the Director ofBuilding and Housing is authorizedto make one or more written re-quirement contracts under the Char-ter and the Codified Ordinances ofCleveland, Ohio, 1976, for the re-quirements for a one or two yearperiod for the items of labor andmaterials necessary to implement theBoard-up Program, in the ap-proximate amount as purchased dur-ing the preceding term, to be pur-chased by the Commissioner of Pur-chases and Supplies on a unit basisfor the Department of Building andHousing. Bids shall be taken in amanner that permits an award to bemade for all items as a single con-tract, or by separate contract for eachor any combination of the items asthe Board of Control determines.Alternate bids for a period less thanthe specified term may be taken ifdesired by the Commissioner of Pur-chases and Supplies until provision ismade for the requirements for theentire term. The Director of Buildingand Housing is authorized to enterinto one or more contracts with aterm of two years instead of one yearwhen there is a financial advantageto the City. For purposes of this ordi-nance, a financial advantage shall bedetermined by the Director of Build-ing and Housing by comparing thebids received for both terms.

Section 4. That the costs of thecontract or contracts shall becharged against the proper appro-priation accounts and the Directorof Finance shall certify the amountof the initial purchase, which pur-chase, together with all later pur-chases, shall be made on order ofthe Commissioner of Purchases andSupplies under a requisition againstthe contract or contracts certified bythe Director of Finance. (RL 149522)

Section 5. That prior to expendingfunds under this ordinance, theDirector of Building and Housingand the Director of CommunityDevelopment shall enter into a mem-orandum of understanding for thisprogram.

Section 6. That the Director ofBuilding and Housing is authorizedto accept monies in repaymentunder the program and to utilize therepayments and other programincome in a revolving fund for mak-ing additional expenditures underthis program, and the funds areappropriated for that purpose.

Section 7. That the City is autho-rized to accept promissory notes,naming the City of Cleveland aspayee, and mortgages, naming theCity of Cleveland as mortgagee, andany other security instrument exe-cuted to evidence and secure repay-ment of fees under the City’s Demo-lition and Board-up Programs.

Section 8. That the Director ofBuilding and Housing is authorizedto enter into forbearance agree-ments with any recipient of a valid-ly existing loan, administered bythe City under the City’s Demolitionand Board-up Programs.

Section 9. That the Director ofBuilding and Housing is authorizedto collect from persons or entitiesfrom whom the City is collectingdemolition costs an amount equal toany amount spent for services relat-ed to collection of demolition cost,such as title searches, credit bureaureports, and document filing fees.Any funds collected shall be deposit-ed into Fund No. 14.

Section 10. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 16, 2006.

Ord. No. 697-06.By Council Members Pierce Scott,

Johnson and Sweeney (by depart-mental request).

An emergency ordinance appro-priating Community DevelopmentBlock Grant funds for expenses forthe Project Clean Program; andauthorizing the Director of Parks,Recreation and Properties to enterinto one or more contracts with var-ious agencies to implement the Pro-gram.

Whereas, the City of Clevelandhas received a Community Develop-ment Block Grant, Year 32, from theUnited States Government; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That Community Devel-opment Block Grant funds in theamount of Eight Hundred NinetyThousand Dollars ($890,000) fromFund Nos. 14 SF 032 and 14 SF 031,Request No. 149523, are appropriatedfor costs of the Department ofParks, Recreation and Propertiesincurred from Fund 13 following theappropriate federal regulations andassociated with conducting the Pro-ject Clean Program in conjunctionwith the Community DevelopmentBlock Grant Program.

Section 2. That the Director ofParks, Recreation and Properties isauthorized to enter into one or morecontracts with various non-profitand for-profit agencies to provideservices necessary to implement theProject Clean Program.

Section 3. That prior to expendingfunds under this ordinance, theDirector of Parks, Recreation andProperties and the Director of Com-munity Development shall enter intoa memorandum of understanding forthis program.

Section 4. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 16, 2006.

Ord. No. 698-06.By Council Members Pierce Scott

and Sweeney (by departmental re-quest).

An emergency ordinance appro-priating Community DevelopmentBlock Grant and NEF Administra-

tive Cost funds for administrativeexpenses of the Department of Com-munity Development; authorizingthe director to enter into one ormore contracts with various agen-cies and entities for activities relat-ing to promoting housing events;and authorizing the director to enterinto one or more contracts withExecutive Information Systems, LLCfor SAS software maintenance, for aperiod not to exceed one year.

Whereas, the City of Clevelandhas received a Community Develop-ment Block Grant, Year 32 from theUnited States Government; and

Whereas, City Council has desig-nated administrative processing costsfrom Neighborhood Equity Funds;and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That Community Devel-opment Block Grant funds in theamount of $2,542,700 from Fund No.14 SF 032 are appropriated for theadministrative expenses of theDepartment of Community Develop-ment under the following schedule:

Personnel $2,175,600Other 367,100

Section 2. That NEF Administra-tion Costs fund in the amount of$38,500 from Fund No. 10 SF 808 areappropriated for the administrativeexpenses of the Department of Com-munity Development under the fol-lowing schedule:

Personnel $ 38,500

Section 3. The Director of Com-munity Development is authorizedto enter into contract or contractswith various agencies or entities foractivities relating to the promotionof housing events in the City ofCleveland.

Section 4. That this Council deter-mines that the within commoditiesare non-competitive and cannot besecured from a source other thanExecutive Information Systems,LLC. Therefore the Director of Com-munity Development is authorizedto make one or more written con-tracts with Executive InformationSystems, LLC for SAS softwaremaintenance, to be purchased by theCommissioner of Purchases and Sup-plies, for the Department of Com-munity Development, for a period ofone year.

Section 5. That the costs of thecontracts authorized in Sections 3and 4 of this ordinance shall be paidfrom Fund No. 14 SF 032.

Section 6. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 16, 2006.

May 24, 2006 The City Record 31

1005

Ord. No. 707-06.

By Council Member Cimperman.

An ordinance to change the zoning of parcels on the north side Detroit Avenue between West 29th Street and

West 45th Street from a Two Family Residential District to an Open Space and Recreation District (Map Change

No. 2179; Sheet No. 1).

Be it ordained by the Council of the City of Cleveland:

Section 1. That the Use Districts of lands bounded and described as follows:

Beginning in the centerline of Detroit Avenue and its intersection with the centerline of West 29th Street;

Thence westerly along said centerline of Detroit Avenue to its intersection with the southerly prolongation of

the westerly line of Sublot Number 167 (PPN 003-13-007) in the Charles Taylor Farm Subdivision as shown on the

recorded plat in Volume 2 of Maps; Page 22 of Cuyahoga County Records, said intersection being hereafter known

as the principal place of beginning;

Thence northerly along said southerly prolongation, westerly line to its intersection with the southerly line of

Buckley Boulevard (also known as Cleveland Memorial Shoreway);

Thence southwesterly along said southerly line to its intersection with the easterly line of Sublot Number 7 in

the W.J. Gordon Subdivision as shown on the recorded plat in Volume 2; Page 54 of Cuyahoga County Records

(PPN 003-12-011);

Thence southerly along said easterly line and its southerly prolongation to its intersection with the centerline

of Detroit Avenue;

Thence northeasterly along said centerline to its intersection with the aforementioned southerly prolongation

of the westerly line of Sublot Number 167 in the Charles Taylor Farm Subdivision and the principal place of

beginning.

and as shaded on the attached map is changed to an Open Space and Recreation District.

Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No.

2179, Sheet No. 1 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office

of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person

designated for this purpose by the City Planning Commission.

Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by

law.

32 The City Record May 24, 2006

1006

Passed May 15, 2006.

Effective June 24, 2006.

Ord. No. 718-06.

By Council Member Brady.

An ordinance to change the zoning of lands on the east and west sides of West 117th Street from Governor

Avenue to Bellaire Road as shown on the attached maps (Map Change No. 2180 Sheet No. 2 and 12).

Be it ordained by the Council of the City of Cleveland:

Section 1. That the Use District of lands bounded and described as follows:

Beginning in the centerline of West 117th Street and its intersection with the centerline of Governor Avenue;

Thence westerly along said centerline of Governor Avenue to its intersection with the northerly prolongation

of the westerly line of Sublot Number 25 in the Crawford Land Company Subdivision Number One as shown on

the recorded plat in Volume 6; Page 8 in Cuyahoga County Records (said parcel being also known as County

Auditor’s Permanent Parcel Number 018-04-180);

Thence southerly along said northerly prolongation and westerly line to its intersection with the northerly line

of Sublot Number 26 in said Crawford Land Company Subdivision;

Thence easterly along said southerly line and its easterly prolongation to its intersection with the centerline

of West 117th Street;

Thence southerly along said centerline to its intersection with the easterly prolongation of the northerly line

of Sublot Number 39 in said Crawford Land Company Subdivision;

Thence westerly along said westerly prolongation and northerly line to its intersection with the westerly line

thereof;

Thence southerly along said westerly line and continuing along the westerly line of Sublot Numbers 40, 41, 42,

43, 44, 45, 46 and along the southerly prolongation of the westerly line of said Sublot Number 46 to its intersec-

tion with the centerline of Linnet Avenue;

Thence easterly along said centerline of Linnet Avenue to its intersection with the centerline of West 117th

Street;

Thence southerly along said centerline of West 117th Street to its intersection with the centerline of Cooley

Avenue;

Thence westerly along said centerline of Cooley Avenue to its intersection with the southerly prolongation of

the westerly line of Sublot Number 1287 in the Crawford Land Company Re-Subdivision as shown on the record-

ed plat in Volume 90 of Maps; Page 14 of Cuyahoga County Records;

Thence northerly along said southerly prolongation and westerly line and continuing northerly along the west-

erly line of Sublot Numbers 1286 and 1285 to its intersection with the southerly line of Sublot Number 1284 in

said Crawford Land Company Re-Subdivision;

Thence easterly along said southerly line and along its easterly prolongation to its intersection with the cen-

terline of West 117th Street;

Thence northerly along said centerline of West 117th Street to its intersection with the easterly prolongation

of the southerly line of Sublot Number 1283;

Thence westerly along said easterly prolongation and southerly line to its intersection with a line drawn par-

allel to and 120 feet from the westerly line of West 117th Street;

Thence northerly along said parallel line to its intersection with the northerly line of said Sublot Number 1283;

Thence easterly along said northerly line and its easterly prolongation to its intersection with the centerline

of West 117th Street;

Thence northerly along said centerline of West 117th Street to its intersection with the centerline of Thrush

Avenue;

Thence easterly along said centerline of Thrush Avenue to its intersection with the southerly prolongation of

the easterly line of Sublot Number 1713 in the Dunham Heights Re-Subdivision as shown on the recorded plat in

Volume 47 of Maps; Page 26 of Cuyahoga County Records;

Thence northerly along said southerly prolongation and easterly line and continuing northerly along its norther-

ly prolongation to its intersection with the southerly line of Sublot Number 1709 in said Dunham Heights Re-Sub-

division;

Thence westerly along said southerly line and its westerly prolongation to its intersection with the centerline

of West 117th Street;

Thence northerly along said centerline of West 117th Street to its intersection with the centerline of Dale

Avenue;

Thence easterly along said centerline of Dale Avenue to its intersection with the southerly prolongation of the

westerly line of Sublot Number 363 in said Dunham Heights Re-Subdivision;

Thence northerly along said southerly prolongation and westerly line and along its northerly prolongation to

its intersection with the southerly line of Sublot Number 358 in said Re-Subdivision;

Thence westerly along said southerly line and its westerly prolongation to its intersection with the centerline

of West 117th Street;

Thence northerly along said centerline to its intersection with the westerly prolongation of the northerly line

of Sublot Number 301 in said Re-Subdivision;

Thence easterly along said prolongation and northerly line to its intersection with the westerly line of Sublot

Number 303 in said Re-Subdivision;

Thence northerly along said westerly line and along the westerly line of Sublot Number 296; continuing along

its northerly prolongation to its intersection with the centerline of Fortune Avenue;

Thence westerly along said centerline to its intersection with the centerline of West 117th Street;

Thence northerly along said centerline of West 117th Street to its intersection with the centerline of Governor

Avenue and the principal place of beginning;

and as shaded on the attached map is changed to a Local Retail Business District.

May 24, 2006 The City Record 33

1007

34 The City Record May 24, 2006

1008

Section 2. That the Use District of lands bounded and described as follows:

Beginning in the centerline of West 117th Street and its intersection with the centerline of Governor Avenue;

Thence easterly along said centerline of Governor Avenue to its intersection with the northerly prolongation

of the easterly line of Sublot Number 183 in the Dunham Heights Re-Subdivision as shown by the recorded plat

in Volume 47 of Maps and Page 26 of the Cuyahoga County Records (said parcel also being known as Cuyahoga

County Auditor’s Permanent Parcel Number 018-12-007);

Thence southerly along said northerly prolongation of the easterly line of Sublot Number 183 and continuing

southerly along the easterly line of Sublot Numbers 184, 185, 186, 187 and the southerly prolongation of said east-

erly line of Sublot Number 188 to its intersection with the centerline of Saint Mark Avenue;

Thence westerly along said centerline of Saint Mark Avenue to its intersection with the northerly prolongation

of the easterly line of Sublot Number 237 in said Dunham Heights Re-Subdivision (said parcel also being known

as Permanent Parcel Number 018-12-013);

Thence southerly along said Northerly prolongation of the easterly line of Sublot Number 237 and continuing

southerly along the easterly line of Sublot Numbers 238, 239, 240, 241, 242 and the southerly prolongation of said

easterly line of said Sublot Number 242 to its intersection with the centerline of Fortune Avenue;

Thence westerly along said centerline of Fortune Avenue to its intersection with the centerline of West 117th

Street;

Thence southerly along said centerline of West 117th Street to its intersection with the westerly prolongation

of the northerly line of Sublot Number 301 in said Dunham Heights Re-Subdivision;

Thence easterly along said westerly prolongation and northerly line to its intersection with the easterly line

thereof;

Thence southerly along said easterly line and continuing along the easterly line of Sublot Number 302 and its

southerly prolongation to its intersection with the centerline of Linnet Avenue;

Thence westerly along said centerline of Linnet Avenue to its intersection with the northerly prolongation of

the westerly line of Sublot Number 356 in said Dunham Heights Re-Subdivision;

Thence southerly along said westerly line to its intersection with the southerly line of Sublot Number 358 in

said Re-Subdivision;

Thence westerly along said southerly line and its westerly prolongation to its intersection with the centerline

of West 117th Street;

Thence southerly along said centerline of West 117th Street to its intersection with the centerline of Dale

Avenue;

Thence easterly along said centerline of Dale Avenue to it intersection with the northerly prolongation of the

westerly line of Sublot number 1707 in said Dunham Heights Re-Subdivision;

Thence southerly along said westerly line to its intersection with the southerly line of Sublot Number 1709 in

said Re-Subdivision;

Thence westerly along said southerly line and its westerly prolongation to its intersection with the centerline

of West 117th Street;

Thence southerly along said centerline to its intersection with the centerline of Thrush Avenue;

Thence easterly along said centerline of Thrush Avenue to its intersection with the northerly prolongation of

the westerly line of Sublot number 165 in the Peony Gardens Subdivision as shown on the recorded plat in Volume

92 of Maps; Page 24 of Cuyahoga County Records;

Thence southerly along said westerly line to its intersection with the northerly line of Sublot Number 235 in

the Kensington Garden Subdivision as shown on the recorded plat in Volume 70 of Maps; Page 2 of Cuyahoga

County Records;

Thence northwesterly along said northerly line to its intersection with the easterly line of Sublot Number 234

in said Kensington Garden Subdivision;

Thence southerly along said easterly line and along its southerly prolongation to its intersection with the cen-

terline of Highland Road;

Thence westerly along said centerline to its intersection with the northerly prolongation of the easterly line of

Sublot Number 225 in said Kensington Garden Subdivision;

Thence southerly along said easterly line and along the easterly line of Sublot Numbers 224, 223, 222, and 221

to its intersection with the northerly line of Sublot Number 220 in said Subdivision;

Thence westerly along said northerly line and along its westerly prolongation to its intersection with the cen-

terline of West 117th Street;

Thence northerly along said centerline of West 117th Street to its intersection with the centerline of Governor

Avenue and the principal place of beginning;

and as shaded on the attached map is changed to a Residence Office District.

May 24, 2006 The City Record 35

1009

36 The City Record May 24, 2006

1010

Section 3. That the Use District of lands bounded and described as follows:

Beginning in the centerline of Bellaire Road and its intersection with the centerline of West 117th Street;

Thence northwesterly along the centerline of West 117th Street to its intersection with the northeasterly pro-

longation of the northwesterly line of Sublot Number 328 in the Bellaire Subdivision as shown on the recorded

plat in Volume 75 of Maps; Page 14 of Cuyahoga County Records said point also being the principal place of

beginning;

Thence southwesterly along said prolongation and northwesterly line to its intersection with the northeasterly

line of Sublot Number 317 in said Subdivision;

Thence southeasterly along said northeasterly line and continuing along the northeasterly line of Sublot Num-

ber 318 to its intersection with the northwesterly line of Sublot Number 326 in said Bellaire Subdivision;

Thence northeasterly along said northwesterly line and along its northeasterly prolongation to its intersection

with the centerline of West 117th Street;

Thence northeasterly and northerly along the centerline of West 117th Street to its intersection with the east-

erly prolongation of the southerly line of Sublot Number 1284 in the Crawford Land Company Re-Subdivision as

shown on the recorded plat in Volume 90 of Maps; Page 14 of Cuyahoga County Records;

Thence westerly along said prolongation and southerly line to its intersection with the easterly line of Sublot

Number 1292 in said Re-Subdivision;

Thence northerly along said easterly line to its intersection with the northerly line of Sublot 1283 in said Re-

Subdivision;

Thence easterly along said northerly line to its intersection with a line drawn 120 from and parallel to and

westerly of the westerly line of West 117 Street;

Thence southerly along said parallel line to its intersection with the northerly line of Sublot Number 1284;

Thence easterly along said northerly line and along its easterly prolongation to its intersection with the cen-

terline of West 117th Street;

Thence southerly along said centerline to its intersection with the easterly prolongation of the southerly line

of Sublot Number 1284;

Thence continuing southerly along the centerline of West 117th Street to its intersection with the northeaster-

ly prolongation of the northwesterly line of Sublot Number 328 in the aforementioned Bellaire Subdivision and

the principal place of beginning.

and as shaded on the attached map is changed to a Multi-Family Residential District.

May 24, 2006 The City Record 37

1011

Section 4. That the Use and Area Districts of lands bounded and described as follows:

Beginning in the centerline of West 117th Street and its intersection with the centerline of Governor Avenue

said point being hereafter known as the principal place of beginning;

Thence southerly along said centerline of West 117th Street to its intersection with the easterly prolongation

of the northerly line of Sublot Number 26 in the Crawford Land Company Subdivision Number One as shown on

the recorded plat in Volume 60 of Maps; Page 8 of Cuyahoga County Records;

Thence westerly along said prolongation and northerly line to its intersection with the westerly line there-

of;

Thence southerly along said westerly line and continuing along the westerly line of Sublot Numbers 27, 28, 29,

30, 31, 32, 33, 34, 35, 36, 37, and 38 to its intersection with the southerly line of Sublot Number 38;

Thence easterly along said southerly line and along its easterly prolongation to its intersection with the cen-

terline of West 117th Street;

Thence southerly along said centerline of West 117th Street to its intersection with the centerline of Cooley

Avenue;

Thence westerly along said centerline of Cooley Avenue to its intersection with the northerly prolongation of

the easterly line of Sublot Number 1304 in the Crawford Land Company Subdivision Number Three as shown on

the recorded plat in Volume 64 of Maps; Page 30 of Cuyahoga County Records;

Thence southerly along said northerly prolongation and easterly line; continuing along the easterly line of

Sublot Number 1310 and its southerly prolongation to its intersection with the centerline of Milan Avenue;

Thence easterly along the centerline of Milan Avenue to its intersection with the northerly prolongation of the

easterly line of Sublot Number 1356 in said Crawford Land Company Subdivision Number Three;

Thence continuing southerly along said prolongation and easterly line to its intersection with the northerly line

of Sublot Number 1360 in the Crawford Land Company Subdivision Number Four as shown on the recorded plat

in Volume 73 of Maps; Page 38 of Cuyahoga County Records;

Thence westerly along said northerly line to its intersection with the westerly line thereof;

Thence southerly along said westerly line and continuing southerly along the westerly lines of Sublot

Numbers 1360, 1361, 1362 and along its southerly prolongation to its intersection with the centerline of Brighton

Avenue;

Thence southerly along said southerly prolongation and along the northerly prolongation and easterly line of

Sublot Numbers 1410 and 1417 in said Subdivision;

Thence continuing southerly along said easterly line and along the southerly prolongation to its intersection

with the centerline of Marne Avenue;

Thence continuing southerly along said southerly prolongation and along the northerly prolongation of the east-

erly line of Sublot Number 1464 in said Subdivision and its southerly prolongation to its intersection with the

centerline of Wayland Avenue;

Thence easterly along said centerline to its intersection with the centerline of West 117th Street;

Thence southerly along said centerline of West 117th Street to its intersection with the centerline of Worthington

Avenue;

Thence westerly along said centerline of Worthington Avenue to its intersection with the southerly

prolongation of the easterly line of Sublot Number1626 in said Crawford Land Company Subdivision Num-

ber Four;

Thence northerly along said southerly prolongation and easterly line and continuing in a straight line

along the northerly prolongation of said easterly line to its intersection with the centerline of Kensington

Avenue;

Thence easterly along said centerline of Kensington Avenue to its intersection with the centerline of West

117th Street;

Thence northerly along said centerline of West 117th Street to its intersection with the centerline of Governor

Avenue and the principal place of beginning.

and as shaded on the attached map is changed to a Two Family Residential District and a ‘B’ Area Dis-

trict.

38 The City Record May 24, 2006

1012

May 24, 2006 The City Record 39

1013

Section 5. That the Use, Area and Height Districts of lands bounded and described as follows:

Beginning in the centerline of Bellaire Road and its intersection with the centerline of West 117th Street, said

point being also known as the principal place of beginning;

Thence northwesterly along the centerline of West 117th Street to its intersection with the southwesterly pro-

longation of the southeasterly line of Sublot Number 168 in the Kensington Garden Subdivision as shown on the

recorded plat in Volume 70 of Maps; Page 2 of Cuyahoga County Records;

Thence northeasterly along said southwesterly prolongation and southeasterly line to its intersection with the

northeasterly line thereof;

Thence northwesterly along said northeasterly line and continuing northwesterly along the northeasterly lines

of Sublot Numbers 169 through 193 in said Kensington Garden Subdivision to its intersection with the northerly

line of said Sublot Number 193;

Thence westerly along said northerly line and along its westerly prolongation to its intersection with the cen-

terline of West 117th Street;

Thence northerly along said centerline to its intersection with the westerly prolongation of the southerly line

of Sublot Number 198 in said Subdivision;

Thence easterly along said westerly prolongation and southerly line to its intersection with the easterly line

thereof;

Thence northerly along said easterly line and continuing northerly along the easterly line of Sublot Numbers

199 through 220 to its intersection with the northerly line of Sublot Number 220;

Thence westerly along said northerly line and along its westerly prolongation to its intersection with the cen-

terline of West 117th Street;

Thence northerly along said centerline to its intersection with the centerline of Linnet Avenue;

Thence westerly along said centerline of Linnet Avenue to its intersection with the northerly prolongation of

the easterly line of Sublot Number 2143 in the Crawford Land Company Re-Subdivision as shown on the record-

ed plat in Volume 90 of Maps; Page 14 of Cuyahoga County Records;

Thence southerly along said northerly prolongation and westerly line and continuing southerly along the west-

erly line of Sublot Numbers 2142 through 2116 and along the southerly prolongation of the westerly line of Sublot

Number 2116 to its intersection with the centerline of Cooley Avenue;

Thence easterly along said centerline to its intersection with the southerly prolongation of the westerly line

of Sublot Number 1296 in said Re-Subdivision;

Thence northerly along said prolongation and westerly line to its intersection with the northerly line there-

of;

Thence northwesterly along the northerly line and continuing along the northerly line of Sublot Numbers 1295

through 1292 to its intersection with the northerly line of Sublot Number 1283 in said Re-Subdivision;

Thence easterly along said northerly line and along its easterly prolongation to its intersection with the

centerline of West 117th Street;

Thence southerly along said centerline to its intersection with the centerline of Worthington Avenue;

Thence westerly along said centerline of Worthington Avenue to its intersection with the centerline of West

120th Street;

Thence southerly along said centerline of West 120th Street to its intersection with the centerline of Brook-

lawn Avenue;

Thence easterly along said centerline of Brooklawn Avenue to its intersection with the northwesterly

prolongation of the southwesterly line of Sublot Number 336 in the Bellaire Subdivision as shown on the recorded

plat in Volume 75 of Maps; Page 14 of Cuyahoga County Records;

Thence southeasterly along said southwesterly line and continuing southeasterly along the southwester-

ly line of Sublot Numbers 335 through 329 to its intersection with the northwesterly line of Sublot Number

328;

Thence northeasterly along said northwesterly line and along its northeasterly prolongation to its intersection

with the centerline of West 117th Street;

Thence southeasterly along centerline of West 117th Street to its intersection with Bellaire Road and the

principal place of beginning.

and as shaded on the attached map is changed to a One Family Residential District and an ‘A’ Area District and

a ‘1’ Height District.

40 The City Record May 24, 2006

1014

May 24, 2006 The City Record 41

1015

Section 6. That the changed designation of lands described in Sections 1 through 5 shall be identified as Map

Change No. 2180, Sheet No. 2 and 12 and shall be made upon the Building Zone Maps of the City of Cleveland

on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the

appropriate person designated for this purpose by the City Planning Commission.

Section 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed May 15, 2006.

Effective June 24, 2006.

Ord. No. 738-06.

By Council Members Johnson, Cleveland and Sweeney (by departmental request).

An emergency ordinance to amend Section 133.29 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended

by Ordinance No. 2393-02, passed February 3, 2003, relating to golf course fees.

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 Section 133.29 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No.

2393-02, passed February 3, 2003, is amended to read as follows:

Section 133.29 Golf Course Fees

The Director of Parks, Recreation and Properties shall be authorized to collect the following fees at municipal

golf courses, provided, however, that the fees regarding banquet room rental at Highland Park may be amend-

ed from time to time by the Board of Control:

(a) Regular rates. To qualify for City Residency rates, a player must reside in the City of Cleveland and verify

residency by providing photo identification and one other item determined by the Commissioner of Recreation to

be acceptable proof.

(1) For City residents: Monday-Friday Weekends

9 holes $11.50 $12.00

18 holes $22.00 $23.00

(2) For non-City residents: Monday-Friday Weekends

9 holes $12.50 $13.00

18 holes $24.00 $25.00

(b) Senior rates: (Applicable before 3:00 p.m. Monday through Friday and after 3:00 p.m. on weekends and hol-

idays). To qualify for senior rates, a player must be at least sixty (60) years old and must provide positive photo

identification. To also qualify for City Residency rates, a player must reside in the City of Cleveland and veri-

fy residency and age by providing photo identification and one other item determined by the Commissioner of

Recreation to be acceptable proof.

(1) For City residents: Rate

9 holes $ 8.00

18 holes $15.00

(2) For non-City residents: Rate

9 holes $ 9.00

18 holes $17.00

(c) 18-Hole Special Rate: (Applicable before 3:00 p.m. Monday through Friday and after 3:00 p.m. on week-

ends and holidays). To qualify for the discounted green fee, a player would be required to rent a riding

cart.

(1) For City residents: Rate

Regular $18.00

Senior $14.00

(2) For non-City residents: Rate

Regular $20.00

Senior $16.00

(d) Junior rates: (Applicable before 3:00 p.m. Monday through Friday and after 3:00 p.m. on weekends and

holidays). To qualify for junior rates, a player must be eighteen (18) years old or younger and must provide

positive photo identification. To also qualify for City Residency rates, a player must reside in the City of Cleveland

and verify residency and age by providing photo identification and one other item determined by the Commissioner

of Recreation to be acceptable proof.

42 The City Record May 24, 2006

1016

(1) For City residents: Rate

9 holes Free

18 holes $ 8.00

(2) For non-City residents: Rate

9 holes $ 9.00

18 holes $17.00

(e) Winter rates: To qualify for City Residency rates, a player must reside in the City of Cleveland and verify

residency by providing photo identification and one other item determined by the Commissioner of Recreation to

be acceptable proof. The Commissioner of Recreation shall determine, based on weather and course conditions,

the dates during which winter rates shall be in effect.

(1) For City residents: Rate

9 holes $10.00

18 holes $19.00

(2) For non-City residents: Rate

9 holes $11.00

18 holes $21.00

(f) Additional 9 holes. Players under categories listed above who purchase a 9-hole ticket and wish to play an

additional 9 holes may do so by presenting the 9-hole ticket to the cashier within three hours from the time of

purchase and paying the additional amount required to equal the 18-hole rate.

(g) Tent Rental: $230.00

(h) Banquet Room Rental at Highland Park.

(1) All rental rates for the banquet room shall be set by the Board of Control, which shall include rental

schedules for City residents and non-City residents.

(2) Rental rates shall be based on a four (4) hour period, which will include at no charge up to one (1)

hour before the event for set-up and up to one (1) hour after the event for clean-up. Any events, not including

the above-referenced set-up and clean-up times, exceeding the four (4) hour period, shall be charged for each

additional hour, or portion of an hour, used. Rental rates for the room, including additional charges for exceeding

the four (4) hour period, shall be set by the Board of Control. The banquet room closes at 12:00 a.m. on Friday

through Sunday and Holidays and at times determined by the Commissioner of Recreation on Monday through

Thursday. All events shall end one-half hour before the facility closes. The City’s Concessionaire shall be used

exclusively to provide food and beverages for all catered events, unless the Director approves the use of an

independent caterer. All beverages, including alcoholic beverages, shall be purchased from the City or the City’s

Concessionaire. Security is to be provided through the Village of Highland Hills Police Department and it is the

responsibility of the group renting the banquet room to arrange and pay for such security, as billed by the Village

of Highland Hills Police Department.

(3) Rental of the banquet room for golf outings. The golf outing must conclude one-half hour before the

golf course closing time. Events exceeding the four (4) hour rental period described above, are subject to additional

charges. If the event is to be catered by the City’s Concessionaire, the rental fee for the room for a maximum

period of four (4) hours, shall be included in the caterer’s per-person meal cost.

(4) Golf leagues established for the season at Highland or Seneca golf courses may use the banquet room

at no charge once per golf season. Events shall be held Monday through Friday and shall conclude by 5:00 p.m.

(i) Net proceeds from fees collected at the Highland and Seneca Golf Courses shall be expended for facility

improvements at the golf courses.

Section 2. That existing Section 133.29 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by

Ordinance No. 2393-02, passed February 3, 2003, is repealed.

Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative

vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon

its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest

period allowed by law.

Passed May 15, 2006.

Effective May 19, 2006.

May 24, 2006 The City Record 43

1017

Ord. No. 739-06.By Council Members Pierce Scott

and Sweeney (by departmental re-quest).

An emergency ordinance appropri-ating Community DevelopmentBlock Grant funds for expenses forthe Fair Housing Program; andauthorizing the Director of Commu-nity Relations to enter into one ormore contracts with various agen-cies to implement this program.

Whereas, the City of Clevelandhas received a Community Develop-ment Block Grant, Year 32 from theUnited States Government; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That Community Devel-opment Block Grant funds in theamount of Ninety Thousand Dollars($90,000) from Fund No. 14 SF 032,Request No. 149526, are appropriatedfor costs of the Department of Com-munity Relations incurred in Fund13 following the appropriate federalregulations associated with conduct-ing the Fair Housing Program inconjunction with the CommunityDevelopment Block Grant Program.

Section 2. That the Director ofCommunity Relations is authorizedto enter into one or more contractswith various non-profit and for-prof-it agencies providing services nec-essary to implement the Fair Hous-ing Program.

Section 3. That the cost of the con-tracts authorized in this ordinanceshall not exceed $90,000, and shallbe paid from Fund No. 14 SF 032.

Section 4. That prior to expendingfunds under this ordinance, the Direc-tor of Community Relations and theDirector of Community Developmentshall enter into a memorandum ofunderstanding for this program.

Section 5. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 16, 2006.

Ord. No. 740-06.By Council Members Pierce Scott

and Sweeney (by departmental re-quest).

An emergency ordinance appropri-ating Community Development BlockGrant funds for expenses of theSenior Homeowners Assistance Pro-gram (SHAP) and the CHORE Pro-gram.

Whereas, the City of Clevelandhas received a Community Develop-ment Block Grant, Year 32 from theUnited States Government; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That Community Devel-opment Block Grant funds in the

amount of One Hundred Sixty Thou-sand Dollars ($160,000) from FundNo. 14 SF 032, Request No. 149525,are appropriated for costs of theDepartment of Aging incurred inFund 13 associated with conductingthe Senior Homeowners AssistanceProgram (“SHAP”) and the CHOREProgram in conjunction with theCommunity Development Block GrantProgram.

Section 2. That prior to expendingfunds under this ordinance, theDirector of Aging and the Directorof Community Development shallenter into a memorandum of under-standing for this program.

Section 3. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 16, 2006.

Ord. No. 741-06.By Council Members Pierce Scott

and Sweeney (by departmental re-quest).

An emergency ordinance authoriz-ing the Director of CommunityDevelopment to enter into one ormore contracts with Cleveland Ac-tion to Support Housing, Inc.(CASH) for administrative costs toimplement housing rehabilitation,new housing construction and com-mercial redevelopment loan pro-grams.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofCommunity Development is autho-rized to enter into one or more con-tracts with Cleveland Action to Sup-port Housing, Inc. (CASH) foradministrative costs to implementhousing rehabilitation, new housingconstruction and commercial rede-velopment loan programs in the Cityof Cleveland.

Section 2. That the Director ofCommunity Development is autho-rized to accept monies in repaymentunder this program and utilize therepayments for additional expendi-tures under this program and admin-istrative expenses, and the repay-ments are appropriated for this pur-pose.

Section 3. That the aggregate costof the contracts referred to in Sec-tion 1 shall not exceed $127,000.00,and shall be paid from Fund No. 14SF 032, Request No. 149530.

Section 4. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 16, 2006.

Ord. No. 742-06.By Council Members Pierce Scott

and Sweeney (by departmental re-quest).

An emergency ordinance authoriz-ing the Director of Community De-velopment to enter into contractswith one or more non-profit agenciesto operate a community garden pro-gram.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director of Com-munity Development is authorized toenter into contracts with one or morenon-profit agencies to operate a com-munity gardening program.

Section 2. That the cost of the con-tract or contracts shall not exceed$110,000.00, and shall be paid fromFund No. 14 SF 032, Request No.149527.

Section 3. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 16, 2006.

Ord. No. 743-06.By Council Members Pierce Scott

and Sweeney (by departmental re-quest).

An emergency ordinance appropri-ating Community DevelopmentBlock Grant funds for anti-predato-ry lending and foreclosure preven-tion assistance; and authorizing theDirector of Consumer Affairs toenter into one or more contractswith various entities to provideassistance to City residents.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That Federal HomeGrant funds in the amount of ThreeHundred Thousand Dollars ($300,000)are appropriated for anti-predatorylending and foreclosure preventionassistance programs.

Section 2. That the Director ofConsumer Affairs is authorized toenter into one or more contractswith various organizations to pro-vide counseling, training, market-ing, program evaluation and otherservices required for anti-predatorylending and foreclosure preventionassistance.

Section 3. That the aggregate costof the contracts shall not exceed$300,000 and shall be paid from FundNo. 19 SF 600, Request No. 149528.

Section 4. That prior to expendingfunds under this ordinance, theDirectors of Consumer Affairs andCommunity Development shall enterinto a memorandum of understand-ing for this program.

Section 5. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of all

44 The City Record May 24, 2006

1018

the members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 16, 2006.

Ord. No. 745-06.By Council Members Pierce Scott

and Sweeney (by departmental re-quest).

An emergency ordinance author-izing the Director of CommunityDevelopment to enter into agree-ments with Storefront RenovationProgram applicants, and to enterinto agreements to reimburse eligi-ble administrative costs to commu-nity development corporations forimplementation of the StorefrontRenovation Program.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofCommunity Development is autho-rized to enter into agreements withStorefront Renovation Program ap-plicants, and to enter into agree-ments to reimburse eligible admin-istrative costs to community devel-opment corporations for implemen-tation of the Storefront RenovationProgram. The agreements shall notexceed $700,000.00 and shall be paidfrom Fund No. 14 SF 032, RequestNos. 149524.

Section 2. That the Director ofCommunity Development is autho-rized to accept program incomemonies in repayment from communi-ty development corporations underthe Storefront Renovation Programand to utilize this program income,other Community Development BlockGrant program income and Kioskprogram income in a revolving fundfor additional expenditures underthe Storefront Renovation Program,and such program income is herebyappropriated for that purpose.

Section 3. That the City is autho-rized to accept promissory notes,naming the City of Cleveland aspayee, and mortgages, naming theCity of Cleveland as mortgagee, andany other security instrument exe-cuted to evidence and secure repay-ment of loans, costs and fees underthe City’s Storefront RenovationProgram.

Section 4. That the Director ofCommunity Development is autho-rized to enter into forbearanceagreements with any recipient of avalidly existing loan, administeredby the City under the City’s Store-front Renovation Program.

Section 5. That the Director ofCommunity Development is autho-rized to collect from persons or enti-ties with whom the City is enteringinto loan agreements or forebear-ance agreements an amount equal toany amount spent for services relat-ed to such agreements, such as titlesearches, credit bureau reports anddocument filing fees. Such fees shallbe deposited into Fund No. 14.

Section 6. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives the

affirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 16, 2006.

Ord. No. 748-06.By Council Members Brancatelli,

Pierce Scott and Sweeney (by de-partmental request).

An emergency ordinance authoriz-ing the Director of Economic Devel-opment to enter into a grant agree-ment with Slavic Village De-velopment to provide economic de-velopment assistance to finance therepair and upgrade of the DolloffRoad Municipal Parking Lot.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofEconomic Development is autho-rized to enter into a grant agree-ment with Slavic Village Develop-ment to provide economic develop-ment assistance to finance the re-pair and upgrade of the DolloffRoad Municipal Parking Lot.

Section 2. That the costs of thegrant shall not exceed an amount of$113,500.00 and shall be paid fromFund No. 17 SF 652, Request No.103698.

Section 3. That the agreement andother appropriate documents neededto complete the transaction autho-rized by this legislation shall be pre-pared by the Director of Law.

Section 4. The contract authorizedin this legislation will require therecipient of financial assistance towork with The Workforce Invest-ment Board for Workforce Area No.3 to identify and solicit qualifiedcandidates for job opportunitiesrelated to the City’s contracts, andplace special emphasis on the hardto employ, including but not limitedto the disabled and persons whohave been convicted of or have pledguilty to a criminal offense, unlessthe criminal conviction or relatedcircumstances relate to the dutiesfor the particular job sought.

Section 5. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 780-06.By Council Members Zone and

Sweeney (by departmental request).An emergency ordinance authoriz-

ing the Director of Public Utilitiesto enter into one or more contractswith Youth Opportunities Unlimitedto manage and implement the Cleve-land Youth Fire Hydrant PaintingProgram.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPublic Utilities is authorized toenter into one or more contractswith Youth Opportunities Unlimitedto manage and implement the Cityof Cleveland Youth Fire HydrantPainting Program. That Youth Op-portunities Unlimited shall use itsbest efforts to hire at least two per-sons from each ward for each ses-sion.

Section 2. That the cost of the con-tract or contracts authorized shallnot exceed $200,000.00 and be paidfrom Fund No. 52 SF 001, RequestNo. 163738.

Section 3. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 864-06.By Council Members Cimperman,

Brady and Sweeney (by departmen-tal request).

An emergency ordinance to vacatea portion of Webster Avenue andEast 10th Street.

Whereas, under Resolution No.1258-05, adopted August 3, 2005, thisCouncil declared its intention tovacate a portion of Webster Avenueand East 10th Street; and

Whereas, notice of the adoption ofthe above vacation was served onthe abutting property owners affect-ed by the resolution which stated atime and place when objectionswould be heard before the Board ofRevision of Assessments; and

Whereas, on April 20, 2006 theBoard of Revision of Assessmentsapproved the above vacation underthe provisions of Section 176 of theCharter of the City of Cleveland;and

Whereas, this Council is satisfiedthat there is good cause for vacat-ing a portions of the above and thatit will not be detrimental to the gen-eral interest and that it should bemade; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That this Council de-clares that the following describedreal property is vacated:

Being all that portion of WebsterAvenue S.E. (60 feet wide) extend-ing Easterly from the Easterly lineof East 9th Street (99 feet wide) tothat portion of Webster Avenuevacated by the Council of the Cityof Cleveland by Ordinance Number2625-88 passed on December 19, 1988and all that portion of East 10thStreet (15 feet wide) extendingSoutherly from the Southerly line of

May 24, 2006 The City Record 45

1019

Carnegie Avenue S.E. (99 feet wide)to the Northerly line of WebsterAvenue S.E. (60 feet wide).

Legal Description approved byGreg Esber, Section Chief, Plats,Surveys and House Numbering Sec-tion.

Section 2. That there is reservedto the City of Cleveland an ease-ment of full width as describedabove for Cleveland Public Power,The Illuminating Company, SBC,The Water Department, and WaterPollution Control.

That no structures shall be erect-ed on the premises described in thiseasement except those constructedunder the approval of, and in com-pliance with, plans approved by theentities requesting easements andthe City of Cleveland.

Section 3. That provided all re-quired approvals have been ob-tained, the Commissioner of Engi-neering and Construction is directedto record the vacation plat in theoffice of the Recorder of CuyahogaCounty.

Section 4. That the Clerk of Coun-cil is directed to transmit a copy ofthis resolution to the Auditor ofCuyahoga County.

Section 5. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 894-06.By Council Member Sweeney (by

departmental request).An emergency ordinance to sup-

plement Ordinance No. 1067-00,passed June 11, 2001, as amended byvarious ordinances, by adding newSections 6a, 6b, 6c, and 6d relatingthe prepayment of a Section 108 loanwith the Cleveland Health Educa-tion Museum, now known as“Healthspace.”

Whereas, under the authority ofOrdinance No. 977-94, passed June 13,1994, the Mayor applied for fundsform the United States Departmentof Housing and Urban Development(“HUD”) to implement the Empow-erment Zone/Enterprise CommunityProgram; and

Whereas, from time to time, theCity entered into contracts withHUD for loan guarantee assistanceunder Section 108 of the Housingand Community Development Act of1974, as amended; and

Whereas, in August 2002, the Cityexecuted a $27,000,000 principalamount fixed rate note for Series2002-A Certificates issued by HUD(“2002-A Certificate Note”) underHUD’s Section 108 program, and exe-cuted a contract for loan guaranteeassistance under Section 108 of theHousing and Urban DevelopmentAct of 1974, as amended; and

Whereas, under the authority ofOrdinance No. 1067-00, passed June11, 2001, as amended by OrdinanceNo. 2036-01, passed December 3, 2001,the Director of Economic Develop-ment was authorized to enter into aSection 108 loan and an economicdevelopment initiative grant agree-

ment with the Cleveland HealthEducation Museum (now known as“Healthspace”) for a $5,000,000 loanand a $1,250,000 grant to construct anew, expanded museum facility; and

Whereas, on March 18, 2002, theCity and Healthspace entered intoCity Contract No. 59116, a HUD 108Loan and Economic DevelopmentInitiative Grant Agreement, andHealthspace executed a promissorynote dated March 18, 2002, with thepromissory note coterminous withthe Series 2002-A Certificate Noteand contract for loan guaranteeassistance signed by the City; and

Whereas, Healthspace is experi-encing financial distress and hasrequested that the City accept a pre-payment of the $5,000,000 Section 108loan in an amount that will defease$5,000,000 of the City’s obligation toHUD under the Series 2002-A Cer-tificate Note and contract for loanguarantee assistance; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That Ordinance No. 1067-2000, passed June 11, 2001, as amend-ed by Ordinance No. 2036-01, passedDecember 32, 2001, is supplementedby adding new Sections 6a, 6b, 6cand 6d to read as follows:

Section 6a. That as an alternativeto acceptance of loan repaymentsdescribed in Section 6, the Directorof Finance, or his or her designee,is authorized to accept from Health-space or from a third party onbehalf of Healthspace, an amount incash, securities, or both, that willdischarge the City’s obligation toHUD under the 2002-A Certificatenote and contract for loan guaran-tee assistance arising out of theloan authorized by Section 1, to-gether with all other sums thatshall become due because of theoptional early redemption and defea-sance, or both, of the City’s obliga-tion to HUD, including but not lim-ited to any early optional redemp-tion fee, trustee’s fee, escrow agencyfee, fees for purchasing securities,verification agent fees, transferagent fees, or any other cost or feeincurred by the City as a result ofthe defeasance of the City’s obliga-tion to HUD under the 2002-A Cer-tificate Note and contract for loanguarantee assistance arising out ofthe loan authorized by Section 1.

Section 6b. That the Director ofFinance, or his or her designee, isauthorized to transfer cash, securi-ties, or both described in Section 6ato HUD’s designee, the JP MorganChase Bank, for placement in adefeasance account to defease theCity’s obligation to HUD under the2002-A Certificate Note and contractfor loan guarantee arising out of theloan authorized by Section 1, togeth-er with any applicable costs.

Section 6c. That upon receipt of arelease executed by HUD of theCity’s obligation to HUD under the2002-A Certificate Note and contractfor loan guarantee arising out of theloan authorized by Section 1 in aform acceptable to the Director ofLaw, the loan from the City toHealthspace shall be deemed to bedischarged in full.

Section 6d. That the Director ofFinance is authorized to the extentnecessary or required to enter into

any agreements determined neces-sary to cause the defeasance of theCity’s obligation to HUD under the2002-A Certificate Note and contractfor loan guarantee arising out of theloan authorized by Section 1.

Section 2. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 905-06.By Council Member Zone.An emergency ordinance authoriz-

ing the Director of CommunityDevelopment to enter into an agree-ment with Detroit Shoreway Com-munity Development Organizationfor the implementation of the Com-munity Forum Program through theuse of Ward 17 Neighborhood Equi-ty Funds.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofCommunity Development is autho-rized to enter into an agreementeffective October 1, 2005 to April 1,2007 with Detroit Shoreway Commu-nity Development Organization forthe implementation of the Commu-nity Forum Program for the publicpurpose of providing a strategiccommunity planning and assessmentprogram for Cleveland residents todevelop and promote sustainableneighborhoods through the use ofWard 17 Neighborhood EquityFunds.

Section 2. That the cost of saidcontract shall be in an amount notto exceed $31,875 and shall be paidfrom Fund No. 10 SF 166.

Section 3. That the Director ofLaw shall prepare and approve saidcontract and that the contract shallcontain such terms and provisionsas he deems necessary to protect theCity’s interest.

Section 4. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 906-06.By Council Member Turner.An emergency ordinance authoriz-

ing the Director of CommunityDevelopment to enter into an agree-ment with the Harvard CommunityServices Center for a Senior CitizenSupport Services Program throughthe use of Ward 1 NeighborhoodEquity Funds.

46 The City Record May 24, 2006

1020

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofCommunity Development enters intoan agreement with the HarvardCommunity Services Center for aSenior Citizen Support Services Pro-gram for the public purpose of pro-viding social support services to thesenior citizen population in the Cityof Cleveland through the use ofWard 1 Neighborhood Equity Funds.

Section 2. That the cost of saidcontract shall be in an amount notto exceed $30,000 and shall be paidfrom Fund No. 10 SF 166.

Section 3. That the Director ofLaw shall prepare and approve saidcontract and that the contract shallcontain such terms and provisionsas he deems necessary to protect theCity’s interest.

Section 4. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 911-06.By Council Member Cimperman.An emergency ordinance authoriz-

ing and directing the Director of Pub-lic Service to issue a permit to theSt. Clair-Superior Development Corpo-ration to stretch banners on St. Clairbetween Norwood & Addison for theperiod from June 1, 2006 throughJune 30, 2006, inclusive, announcingthe Slovenian Celebrations.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That notwithstanding theprovision of Section 623.13 of the Cod-ified Ordinances, of Cleveland, Ohio,1976, the Director of the Departmentof Public Service is hereby autho-rized and directed to issue a permitto the St. Clair-Superior DevelopmentCorporation to install, maintain andremove banners on St. Clair betweenNorwood & Addison, for the periodfrom June 1, 2006 through June 30,2006, inclusive. Said banner shall beapproved by the Director of PublicService, in consultation with theDirector of Public Safety, as to type,method of affixing and location so asnot to interfere with any sign erect-ed and maintained under the re-quirements of law or ordinance. Thepermission of the owner of any polefrom which a banner will be hungmust be obtained prior to issuance ofthe permit. No commercial advertis-ing shall be printed or permitted onsaid banner and said banner shall beremoved promptly upon the expira-tion of said permit.

Section 2. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage and

approval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 912-06.By Council Member Cimperman.An emergency ordinance consent-

ing and approving the issuance of apermit for the Cats in the Flats 10K& 5K Run and 5K Walk, on Sep-tember 17, 2006, sponsored by the CCGroup at St. Ignatius High School.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That pursuant to Section411.06 of the Codified Ordinances ofCleveland, Ohio 1976, this Councilconsents to and approves the holdingof the Cats in the Flats 10K & 5KRun and 5K Walk; beginning atWest 30th just south of LorainAvenue, Lorain to Gehring, Gehringto Abbey, Abbey to Columbus, Colum-bus to Carter, Carter to Scranton,Scranton to Kenilworth, Kenilworthpast Tremont Park to Literary; Lit-erary to Professor; Professor to Jef-ferson; Jefferson to Starkweather;Starkweather past Tremont Park toScranton; Scranton to Willey; Willeyto Train; Train to Scranton; at thispoint the course starts to doubleback to the start of the race; Scran-ton to Carter; Carter to Columbus;Columbus up the hill to Abbey;Abbey to Gehring; Gehring to Lorain;Lorain to St. Ignatius High Schooland West 30th Street and the finishof the race, provided that the appli-cant sponsor shall meet all therequirements of Section 411.05 of theCodified Ordinances of Cleveland,Ohio, 1976. Streets may be closed asdetermined by the Chief of Policeand safety forces as may be neces-sary in order to protect the partici-pants in the event. Said permit shallfurther provide that the City ofCleveland shall be fully indemnifiedfrom any and all liability resultingfrom the issuance of the same, to theextent and in form satisfactory tothe Director of Law.

Section 2. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

Ord. No. 913-06.By Council Member Zone.An emergency ordinance authoriz-

ing and directing the Director of Pub-lic Service to issue a permit to theSagrada Familia Church to stretchbanners at 7750 Detroit Avenue and7775 Detroit Avenue, for the periodfrom June 1, 2006 to June 29, 2006,inclusive, publicizing the Church Fes-tival.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That notwithstandingthe provision of Section 623.13 of theCodified Ordinances, of Cleveland,Ohio, 1976, the Director of theDepartment of Public Service ishereby authorized and directed toissue a permit to the Sagrada Famil-ia Church to install, maintain andremove banners at 7750 Detroit and7775 Detroit Avenue for the periodfrom June 1, 2006 to June 29, 2006,inclusive. Said banner shall beapproved by the Director of PublicService, in consultation with theDirector of Public Safety, as to type,method of affixing and location soas not to interfere with any signerected and maintained under therequirements of law or ordinance.The permission of the owner of anypole from which a banner will behung must be obtained prior toissuance of the permit. No commer-cial advertising shall be printed orpermitted on said banner and saidbanner shall be removed promptlyupon the expiration of said permit.

Section 2. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed May 15, 2006.Effective May 19, 2006.

COUNCIL COMMITTEEMEETINGS

Monday, May 22, 20069:30 a.m.

Health and Human Services Com-mittee: Present: Britt, Chair; Cleve-land, Vice Chair; Kelley, Santiago,Conwell, Westbrook, Reed.

11:00 a.m.Legislation Committee: Present:

Cleveland, Chair; Dolan, Vice Chair;Reed, Lewis, White, Pierce Scott.Authorized Absence: Cimperman.

2:00 p.m.Finance Committee: Present: Swee-

ney, Chair; Brancatelli, Brady, Con-well, Britt, Pierce Scott, Zone, West-brook, Coats, White. AuthorizedAbsence: Cimperman, Vice Chair.

Tuesday, May 23, 20069:30 a.m.

Community and Economic Devel-opment Committee: Present: PierceScott, Chair; Brancatelli, Vice Chair;Cummins, Coats, Westbrook, Brady,Zone, Lewis. Authorized Absence:Cimperman.

1:30 p.m.Employment, Affirmative Action

and Training Committee: Lewis,Chair; Santiago, Vice Chair; Bran-catelli, Turner, Coats, Conwell.Authorized Absence: Johnson.

Wednesday, May 24, 200610:00 a.m.

Public Safety Committee: Present:Conwell, Chair; Brady, Vice Chair;Britt, Polensek, Coats, Kelley, Cum-mins, Turner, Santiago.

1:00 p.m.Public Utilities Committee: Zone,

Chair; Reed, Vice Chair; Cleveland,Polensek, Cummins, Dolan, Kelley,Westbrook, Santiago.

May 24, 2006 The City Record 47

1021

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

Aging Department

Senior Homeowners Assistance Program (SHAP) & CHORE Program — appropriating — CDBG

(O 740-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1018

Agreements

Cavaliers’ practice facilities — relocation — City of Independence —

share the income tax revenue (O 578-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 988

Cleveland Clinic Police Department — Mutual Aid Agreement —

traffic laws, parking regulations and traffic direction and control

(O 610-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1003

Detroit Shoreway Community Development Organization — agreement —

Community Forum Program — Wad 17 NEF (O 905-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1020

Gateway North Parking Garage — bulk sale of parking spaces — agreement

(O 947-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 982

Storefront Renovation Program — agreement with applicants — reimburse eligible

administrative costs — community development corporations

(O 745-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1019

AIDS

AIDS-related services & HOPWA Grant — contracts — various agencies —

Public Health and Community Development Departments

(O 945-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 982

AIDS-related services — contracts — various agencies — Community

Development and Public Health Departments

(O 948-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 983

Appropriations

Administrative expenses — appropriating CDBG & NEF Administrative

Cost funds — promoting housing events & SAS software maintenance

(Executive Information Systems, LLC — contract

(O 698-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1005

Anti-predatory lending and foreclosure prevention assistance — appropriating — CDBG —

Consumer Affairs Dept. (O 743-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1018

Code Enforcement Program — appropriating CDBG (O 695-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1004

Demolition Program — emergency contracts Board-up Program — appropriating CDBG

(O 696-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1004

Fair Housing Program (expenses) — appropriating — CDBG — Community Relations Dept.

(O 739-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1018

Housing Rehabilitation Programs — appropriating CDBG and Federal

HOME Program funds — professional consultants — property inspections

(O 694-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1004

Project Clean Program — appropriating CDBG — Parks, Recreation and Properties Dept.

(O 697-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1005

Senior Homeowners Assistance Program (SHAP) & CHORE Program — appropriating — CDBG

(O 740-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1018

Banners

Sagrada Familia Church — Church Festival (O 913-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1021

St. Clair-Superior Development Corp. — Slovenian Celebrations

(O 911-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1021

48 The City Record May 24, 2006

1022

Board of Building Standards and Building Appeals

East 82nd Street, 1867, (Ward 7) — Joseph Ireland, owner — no action on 5/17/06

(Doc. A-43-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 994

East Boulevard, 11150, (Ward 9) — Cleveland Museum of Art, owner — variance granted on

5/17/06 (Doc. A-110-05) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 994

Glendale Avenue, 14008, (Ward 1) — appeal resolved on 5/17/06

(Doc. A-31-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993

Harvard Avenue, 10201, (Ward 2) — Edward Lawson, owner — appeal rescheduled to 5/31/06

on 5/17/06 (Doc. A-34-06). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993

Miles Avenue, 13900, (Ward 1) — Zhenghna Gu, owner — appeal postponed to 5/31/06 on

5/17/06 (Doc. A-37-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 994

Miles Avenue, 14100, (Ward 1) — Edward Lawson, owner — appeal resolved on 5/17/06

(Doc. A-32-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993

Ontario Street, 2401, (Ward 13) — Gregory P. Cuiffo, owner — appeal resolved on 5/17/06

(Doc. A-44-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 994

Otis Court, 7301-7433, (Ward 5) — Rysar Properties, owner — appeal rescheduled to 5/31/06

on 5/17/06 (Doc. A-50-06). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 994

Riverside Avenue, 3616, (Ward 15) — Edward Lawson, owner — appeal resolved on

5/17/06 (Doc. A-41-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 994

St. Clair Avenue, 10548, (Ward 8) — AHNB, LLC, owner — no action on 5/17/06

(Doc. A-33-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993

West 104th Street, 3044, (Ward 18) — Trust Properties, LLC c/o Michael Boukzam, owner —

appeal adopted on 5/17/06 (Doc. A-27-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 994

Board of Control — Cleveland Public Power Division

PCB oils and non-PCB electrical equipment testing and disposal of —

rescind BOC Res. 670-05 — reject all bids — Dept. of Public Utilities

(BOC Res. 181-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990

Board of Control — Finance Department

Concrete, ready mix — per Ord. 604-06 — all bids rejected (BOC Res. 177-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989

Sale of scrap. personal property, and by-products in April, 2006 — pursuant to BOC Res.

921-52 (BOC Res. 176-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989

Security guard services, unarmed — approve subcontractors per BOC Res. 103-06

(BOC Res. 175-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989

Board of Control — Motor Vehicle Maintenance Division

Transmissions, remanufactured — contract per to Ord. 470-04 to Cottman Transmission of

Bedford — Dept. of Public Service (BOC Res. 187-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 991

Board of Control — Parks, Recreation and Properties Department

Gateway East and Gateway West garage management — contract per Ord. 2075-05 to Standard

Parking (BOC Res. 189-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 991

Board of Control — Personnel and Human Resources Department

Ease @ Work program — contract per Ord. 2155-05 to Center for Families and Children

(BOC Res. 191-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 992

Workers’ compensation claims management and actuarial services —

contract per Ord. 2140-05 to Integrated Consulting Services, Ltd.

(BOC Res. 190-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 992

Board of Control — Port Control Department

Electrical parts and supplies for airfield electical needs — contract per Ord. 1509-05

to Genesis Lamp Corporation (BOC Res. 184-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990

Electrical parts and supplies for airfield electical needs — contract per Ord. 1509-05

to Consolidated Electrical Distributors, d.b.a., Leader Electric Supply Co.

(BOC Res. 185-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990

Electrical parts and supplies for airfield electical needs — contract per Ord. 1509-05

to Siemens Airfield Solutions, Inc. (BOC Res. 186-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 991

May 24, 2006 The City Record 49

1023

Board of Control — Professional Service Contracts

Computer control system for Plant Computer Control System (PCCS) —

approve subcontractor — Contract #65332 per BOC Res. 680-05 —

Division of Water, Dept. of Public Utilities

(BOC Res. 180-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990

Customer information and billing system development — amend

BOC Res. 565-05 — Division of Water, Dept. of Public Utilities

(BOC Res. 178-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989

Ease @ Work program — contract per Ord. 2155-05 to Center for

Families and Children — Dept. of Personnel and Human Resources

(BOC Res. 191-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 992

Gateway East and Gateway West garage management — contract per Ord. 2075-05 to

Standard Parking — Dept. of Parks, Recreation and Properties

(BOC Res. 189-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 991

Workers’ compensation claims management and actuarial services —

contract per Ord. 2140-05 to Integrated Consulting Services, Ltd. —

Dept. of Personnel and Human Resources

(BOC Res. 190-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 992

Board of Control — Public Improvement Contracts

Backup Power Project — approve subcontractor — Contract #63862

per BOC Res. 677-04 — Division of Water, Dept. of Public Utilities

(BOC Res. 179-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989

Distribution mains — Area 2006-A, cleaning and cement mortar lining of — contract

per Ord. 947-05 to Utilicon Corp. — Division of Water, Dept. of

Public Utilities (BOC Res. 183-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990

Distribution mains — Area 2006-B, cleaning and cement mortar lining of — contract

per Ord. 947-05 to Utilicon Corp. — Division of Water, Dept. of

Public Utilities (BOC Res. 182-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990

Board of Control — Public Service Department

Trailers — contract per Ord. 829-05 to JTI Inc. (BOC Res. 188-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 991

Transmissions, remanufactured — contract per to Ord. 470-04 to Cottman

Transmission of Bedford — Division of Motor Vehicle Maintenance

(BOC Res. 187-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 991

Board of Control — Public Utilities Department

Backup Power Project — approve subcontractor — Contract #63862

per BOC Res. 677-04 — Division of Water (BOC Res. 179-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989

Computer control system for Plant Computer Control System (PCCS) —

approve subcontractor — Contract #65332 per BOC Res. 680-05 —

Division of Water (BOC Res. 180-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990

Customer information and billing system development — amend BOC Res. 565-05 —

Division of Water (BOC Res. 178-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989

Distribution mains — Area 2006-A, cleaning and cement mortar lining of —

contract per Ord. 947-05 to Utilicon Corp. — Division of Water

(BOC Res. 183-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990

Distribution mains — Area 2006-B, cleaning and cement mortar lining of —

contract per Ord. 947-05 to Utilicon Corp. — Division of Water

(BOC Res. 182-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990

PCB oils and non-PCB electrical equipment testing and disposal of — rescind

BOC Res. 670-05 — reject all bids — Division of Cleveland Public Power

(BOC Res. 181-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990

Board of Control — Purchases and Supplies Division

Sale of scrap. personal property, and by-products in April, 2006 — pursuant to BOC Res.

921-52 (BOC Res. 176-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989

50 The City Record May 24, 2006

1024

Board of Control — Requirement Contracts

Electrical parts and supplies for airfield electical needs — contract per Ord. 1509-05

to Genesis Lamp Corporation — Dept. of Port Control (BOC Res. 184-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990

Electrical parts and supplies for airfield electical needs — contract per Ord. 1509-05

to Consolidated Electrical Distributors, d.b.a., Leader Electric Supply Co. — Dept.

of Port Control (BOC Res. 185-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990

Electrical parts and supplies for airfield electical needs — contract per Ord. 1509-05

to Siemens Airfield Solutions, Inc. — Dept. of Port Control

(BOC Res. 186-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 991

PCB oils and non-PCB electrical equipment testing and disposal of — rescind BOC Res.

670-05 — reject all bids — Division of Cleveland Public Power, Dept. of Public

Utilities (BOC Res. 181-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990

Security guard services, unarmed — approve subcontractors per BOC Res. 103-06 —

Dept. of Finance (BOC Res. 175-06). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989

Trailers — contract per Ord. 829-05 to JTI Inc. — Dept. of Public Service

(BOC Res. 188-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 991

Transmissions, remanufactured — contract per to Ord. 470-04 to Cottman Transmission of

Bedford — Division of Motor Vehicle Maintenance, Dept. of Public Service

(BOC Res. 187-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 991

Board of Control — Water Division

Backup Power Project — approve subcontractor — Contract #63862 per

BOC Res. 677-04 — Dept. of Public Utilities (BOC Res. 179-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989

Computer control system for Plant Computer Control System (PCCS) —

approve subcontractor — Contract #65332 per BOC Res. 680-05 —

Dept. of Public Utilities (BOC Res. 180-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990

Customer information and billing system development — amend BOC Res. 565-05 —

Dept. of Public Utilities (BOC Res. 178-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 989

Distribution mains — Area 2006-A, cleaning and cement mortar lining of —

contract per Ord. 947-05 to Utilicon Corp. — Dept. of Public Utilities

(BOC Res. 183-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990

Distribution mains — Area 2006-B, cleaning and cement mortar lining of —

contract per Ord. 947-05 to Utilicon Corp. — Dept. of Public Utilities

(BOC Res. 182-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 990

Board of Zoning Appeals — Report

Broadway Avenue, 1230, (Ward 13) — The Norfolk Southern Corporation, owner, and Parking

Endeavors, LLC, prospective lessee c/o Jason Modik — appeal postponed to 6/12/06 on

5/22/2006 (Cal. 06-65) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993

Buckeye Road, 9422, (Ward 4) — The Calvary Apostolic Assembly Church c/o Pator Louis

Fitzpatrick, owner and Darryl Lyn Lamb, agent — appeal granted and adopted on

5/15/06 (Cal. 06-50). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993

Cedar Avenue, 8106, (Ward 6) — Frank B. Smith, owner, — appeal heard on 5/22/2006

(Cal. 06-70) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993

Martin Luther King Jr. Blvd., 4266, (Ward 2) — Michael and patricia Green, owner, —

appeal heard on 5/22/2006 (Cal. 06-72) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993

Milburn Avenue, 17610, (Ward 21) — Romulo Glean, owner — appeal to be re-heard on 6/5/06

(Cal. 06-51) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993

South Waterloo Road, 16800, (Ward 11) — Musmor Properties LLC, owner, and

East Side Metals, tenant — appeal granted and adopted on 5/15/06

(Cal. 06-68) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993

St. Clair Avenue, 19115, (Ward 11) — Vincent Godina, owner — appeal to be re-heard

on 6/05/06 (Cal. 05-32) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993

St. Clair Avenue, 7300, (Ward 7) — David Bolger, owner and Brightside Academy c/o John

Eliopoulos, prospective tenant — appeal withdrawn on 5/22/06

(Cal. 06-66) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993

State Road, 4669, (Ward 16) — Mark Heil, owners — appeal postponed to 6/19/06 on 5/22/06

(Cal. 06-60) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993

Train Avenue, 5708, (Ward 17) — The Estate Charles Pearson, owner c/o Robert Lustig,

and Brian Heidelberg, tenant — appeal granted and adopted on 5/15/06

(Cal. 06-40) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993

West 31st Street, 3857, (Ward 15) — Reba Hicks, owner, — appeal heard on 5/22/2006

(Cal. 06-73) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 993

May 24, 2006 The City Record 51

1025

Board of Zoning Appeals — Schedule

Bridge Avenue, 4200, (Ward 13) — Minerva Perez Vargas, owner — appeal to be heard

on 6/5/2006 (Cal. 06-98) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 992

East 124th Place, 1954, (Ward 6) — Alan Swick, owner — appeal to be heard on

6/5/2006 (Cal. 06-79). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 992

Milburn Avenue, 17610, (Ward 21) — Romulo Glenn, owner — appeal to be heard on 6/5/2006

(Cal. 06-51) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 992

Parkmount Avenue, 19726, (Ward 21) — Robert Roberts, owner — appeal to be heard on

6/5/2006 (Cal. 06-80). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 992

Rowley Avenue, 1103, (Ward 13) — Brian Jones, owner and Steve Siedlecki, agent — appeal

to be heard on 6/5/2006 (Cal. 06-78). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 992

Building and Housing Department

Code Enforcement Program — appropriating CDBG (O 695-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1004

Demolition Program — emergency contracts Board-up Program — appropriating CDBG

(O 696-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1004

Nuisances and unsafe structures — collection of costs from abatement — amend

Sections 209.05 and 3103.09 (O 903-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 988

Burke Lakefront Airport

American Flyers, Inc. — Lease Agreement — office space (O 936-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 978

VinCore, LLC — Lease Agreement — office space (O 937-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 979

City Council

Summer schedule — Council Meetings (R 859-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 996

City of Cleveland Bids

Bulk waste disposal (Contract B) — Department of Public Service —

Division of Waste Collection and Disposal — per Ord. 301-06 —

bid due June 9, 2006 (advertised 5/17/2006 and 5/24/2006). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 995

Cab / chassis with usv bodies, medium — Department of Public

Service — per Ord. 1481-04 — bid due June 8, 2006

(advertised 5/17/2006 and 5/24/2006). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 995

Cab / chassis with van body / utility service body — Department

of Public Service — per Ord. 829-05 — bid due June 8, 2006

(advertised 5/17/2006 and 5/24/2006). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 995

Concrete, ready mix — Department of Finance — per Ord. 604-06 — bid

due June 7, 2006 (advertised 5/17/2006 and 5/24/2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 995

Debris (construction and demolition) disposal (Contracts C & D) —

Department of Public Service — Division of Waste Collection

and Disposal — per Ord. 303-06 — bid due June 9, 2006

(advertised 5/17/2006 and 5/24/2006). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 995

Fire station city wide upgrade — Department of Public Utilities —

Division of Architecture — per Ord. 2145-03 — bid due June 15, 2006

(advertised 5/24/2006 and 5/31/2006). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 995

Gardenview Hill site improvements — Department of Parks, Recreation

and Properties — Division of Research, Planning and Development —

per Ord. 2153-03 — bid due May 31, 2006 (advertised 5/17/2006 and 5/24/2006). . . . . . . . . . . . . . . . . . . . . . . . . . . . 994

Landscape installation at various facilities — Department of Public

Utilities — per Ord. 1024-05 — bid due June 14, 2006

(advertised 5/24/2006 and 5/31/2006). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 995

Landscape maintenance at various facilities — Department of Public

Utilities — per Ord. 1024-05 — bid due June 14, 2006

(advertised 5/24/2006 and 5/31/2006). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 995

Nottingham Water Works Plant Finished and Raw Water Pump Controls,

Project No. 543 — Department of Public Utilities — Division of Water — per Ord.

2233-05 — bid due June 30, 2006 (advertised 5/24/2006 and 5/31/2006). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 995

Pumpers, fire — Department of Public Service — per Ord. 762-05 —

bid due June 8, 2006 (advertised 5/17/2006 and 5/24/2006). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 995

52 The City Record May 24, 2006

1026

Runway 10-28 safety improvements, Phase I — Part B WBS No. E-220-05 —

Department of Port Control — Division of Cleveland Hopkins

International Airport — per Ord. 2376-02 — bid due June 14, 2006

(advertised 5/17/2006 and 5/24/2006). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 995

SANS (Storage Area Network) — Department of Public Utilities —

Division of Water — per Ord. 1019-05 — bid due June 21, 2006

(advertised 5/24/2006 and 5/31/2006). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 995

Uniforms and equipment — Department of Public Safety — Division of

Emergency Medical Service — per Ord. 1667-83 — bid due June 8, 2006

(advertised 5/24/2006 and 5/31/2006). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 995

City Planning Commission

Detroit Ave. (north btwn W. 29th & W. 45th Sts.) — change zoning — Open Space District

(O 707-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1006

Fulton Rd. & Meyer Ave. — changing the Use and Area Districts — RA2 Townhouse District

(O 200-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1001

St. Clair Ave. & Old River Rd. (southwest corner) (W. 11th St.) — changing the Use

District — General Retail Use District (O 199-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000

W. 117th St. (east & west side from Governor Ave. to Bellaire Rd.) — change zoning

(O 718-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1007

Cleveland Clinic Foundation

Mutual Aid Agreement — traffic laws, parking regulations and traffic direction and

control — Cleveland Clinic Police Department (O 610-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1003

Cleveland Hopkins International Airport

Rosemore International escalator step cleaner — purchase — Ace Janitorial and Surgical

Supply Co. (O 938-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 979

Codified Ordinances

Construction and demolition debris landfill tipping fees — new Sects. 234.01,

234.02, and 234.99 (O 946-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 982

Golf course fees — amend Sect. 133.29 (O 738-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1016

Nuisances and unsafe structures — collection of costs from abatement — amend

Sections 209.05 and 3103.09 (O 903-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 988

Online sales — new Sec. 698.011 (O 957-06). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 986

Collective Bargaining Agreements

City, County and Waste Paper Drivers Union, Local No. 244 — International Brotherhood of

Teamsters (O 954-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 987

Communication

Strongsville, City of — copy Res. No. 2006-119 (F 959-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

Community Development

Administrative expenses — appropriating CDBG & NEF Administrative

Cost funds — promoting housing events & SAS software maintenance

(Executive Information Systems, LLC — contract (O 698-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1005

AIDS-related services & HOPWA Grant — contracts — various agencies —

Public Health and Community Development Departments

(O 945-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 982

AIDS-related services — contracts — various agencies — Community Development and

Public Health Departments (O 948-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 983

Anti-predatory lending and foreclosure prevention assistance — appropriating —

CDBG — Consumer Affairs Dept. (O 743-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1018

Cleveland Action to Support Housing, Inc. (CASH)) — contract — administrative costs —

housing rehabilitation, new housing construction & commercial redevelopment loan

programs (O 741-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1018

May 24, 2006 The City Record 53

1027

Code Enforcement Program — appropriating CDBG (O 695-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1004

Community garden program — contract — non-profit agencies (O 742-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1018

Demolition Program — emergency contracts Board-up Program — appropriating CDBG

(O 696-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1004

Detroit Shoreway Community Development Organization — agreement —

Community Forum Program — Wad 17 NEF (O 905-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1020

E. 160th St. — Land Reutilization Program — L. Square Development, LLC.

(O 956-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 986

E. 84th St., 1198 — Land Reutilization Program — Robert L. McDuffie II

(O 949-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 983

Fair Housing Program (expenses) — appropriating — CDBG — Community Relations Dept.

(O 739-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1018

Harlem Ct. — Land Reutilization Program — Lula Blevins (O 1992-05) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 998

Harvard Community Services Center — Senior Citizen Support Services Program —

Ward 1 NEF (O 906-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1020

Housing Rehabilitation Programs — appropriating CDBG and Federal HOME

Program funds — professional consultants — property inspections

(O 694-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1004

Kinsman Rd., & E. 90th St. — Land Reutilization Program — Burten, Bell, Carr Development,

Inc. (O 951-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 984

Linwood Ave. — Land Reutilization Program — Artist Duncan and Phyllis Duncan

(O 950-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 983

Project Clean Program — appropriating CDBG — Parks, Recreation and Properties Dept.

(O 697-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1005

Senior Homeowners Assistance Program (SHAP) & CHORE Program — appropriating — CDBG

(O 740-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1018

Storefront Renovation Program — agreement with applicants — reimburse eligible

administrative costs — community development corporations

(O 745-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1019

Townsend Ave., 8010 & 8006 — E. 117th St., 463 — Land Reutilization Program —

Greater Cleveland Habitat for Humanity (O 952-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 985

Community Development Block Grant Program

Administrative expenses — appropriating CDBG & NEF Administrative Cost funds —

promoting housing events & SAS software maintenance (Executive Information

Systems, LLC — contract (O 698-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1005

Anti-predatory lending and foreclosure prevention assistance — appropriating — CDBG —

Consumer Affairs Dept. (O 743-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1018

Code Enforcement Program — appropriating CDBG (O 695-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1004

Demolition Program — emergency contracts Board-up Program — appropriating CDBG (O 696-06) . . . . . . . . . . . 1004

Fair Housing Program (expenses) — appropriating — CDBG — Community Relations Dept.

(O 739-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1018

Housing Rehabilitation Programs — appropriating CDBG and Federal HOME Program funds —

professional consultants — property inspections (O 694-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1004

Project Clean Program — appropriating CDBG — Parks, Recreation and Properties Dept. (O 697-06) . . . . . . . . . 1005

Senior Homeowners Assistance Program (SHAP) & CHORE Program — appropriating — CDBG

(O 740-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1018

Community Relations Board

Fair Housing Program (expenses) — appropriating — CDBG — Community Relations Dept.

(O 739-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1018

Condolences

Davis, Sr., Pastor Jesse L. (R 965-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

Terry, Nelly (R 966-06). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

Congratulations

Hoffman, Sheryl (R 969-06). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

Kallstrom, Thomas J. (R 968-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

Murphy, Elvin (R 967-06). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

54 The City Record May 24, 2006

1028

Consumer Affairs Department

Anti-predatory lending and foreclosure prevention assistance — appropriating — CDBG

(O 743-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1018

Contracts

Administrative expenses — appropriating CDBG & NEF Administrative Cost funds — promoting

housing events & SAS software maintenance (Executive Information Systems, LLC —

contract (O 698-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1005

AIDS-related services & HOPWA Grant — various agencies — Public Health and Community

Development Departments (O 945-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 982

AIDS-related services — various agencies — Community Development and Public Health

Departments (O 948-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 983

Citywide GIS System Project — Phase II — MWH Americas Inc. — amendments to Contract No.

57651 (O 934-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 978

Cleveland Action to Support Housing, Inc. (CASH)) — contract — administrative costs —

housing rehabilitation, new housing construction & commercial redevelopment loan

programs (O 741-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1018

Community garden program — non-profit agencies (O 742-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1018

E.J. Ward, Inc. — fuel control terminals — spare replacement parts — telephone

consultation — maintain the terminals and software maintenance — Division of Motor

Vehicle Maintenance (O 939-06). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 979

Electronic security system — maintain — Simplex Grinnell — Division of Correction

(O 944-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 980

Get the Lead Out — Protecting Children from the Dangers of Lead Poisoning Program —

grant — County Office of Procurement and Diversity — Maytag dba Hoover Sales and

Services — contract — vacuums (O 942-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 980

Mincom, Inc. — licenses to upgrade — Ellipse 5.2.1. software (O 935-06). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 978

RescueNet EMS Pro — maintenance & upgrades — Zoll Data Systems — contract —

Division of Emergency Medical Service (O 650-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1003

Rosemore International escalator step cleaner — purchase — Ace Janitorial and

Surgical Supply Co. — Cleveland Hopkins International Airport

(O 938-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 979

Stryker Medical — patient cots and stairs chairs on rescue squads — Division of Emergency

Medical Service (O 651-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1004

Youth Opportunities Unlimited — Cleveland Youth Fire Hydrant Painting Program

(O 780-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1019

Correction Division

Electronic security system — maintain — Simplex Grinnell (O 944-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 981

Cuyahoga County

Get the Lead Out — Protecting Children from the Dangers of Lead

Poisoning Program — grant — County Office of Procurement and Diversity —

Maytag dba Hoover Sales and Services — contract — vacuums

(O 942-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 980

Grow Cuyahoga County Fund Program, The — economic development assistance —

grant agreement — Cuyahoga County Community Improvement Corporation

(O 953-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 986

Detroit Shoreway Community Development Organization

Community Forum Program — agreement — - Wad 17 NEF

(O 905-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1020

East Side Market Project

Refrigerated coolers replacement — West and East Side Markets —

(O 940-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 979

May 24, 2006 The City Record 55

1029

Economic Development Department

Dolloff Road Municipal Parking Lot — repair and upgrade — economic assistance —

Slavic Village Development (O 748-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1019

Economic Development Initiative Grant and Section 108 Funds — expansion — amend Ord.

257-97 (O 2211-05) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 999

Grow Cuyahoga County Fund Program, The — economic development assistance —

grant agreement — Cuyahoga County Community Improvement Corporation

(O 953-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 986

Healthspace — Cleveland Health Education Museum — prepayment of a Section 108 loan —

supplement Ord. No. 1067-2000 (O 894-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1020

IdeaCenter Building (1375 Euclid Ave.) — economic development assistance — contract —

Playhouse Square Foundation (O 572-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1002

JurInnov. Ltd. — loan contract — equipment acquisition — company relocation

(O 503-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1002

Emergency Medical Service Division

Medical supplies and equipment — purchase (O 649-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1003

RescueNet EMS Pro — maintenance & upgrades — Zoll Data Systems — contract

(O 650-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1003

Stryker Medical — patient cots and stairs chairs on rescue squads

(O 651-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1004

Empowerment Zone

Economic Development Initiative Grant and Section 108 Funds — expansion — amend Ord.

257-97 (O 2211-05) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 999

Environmental Protection Agency

Air-Quality Division — operation — grant (O 941-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 980

Fees

Construction and demolition debris landfill tipping fees — new Sects. 234.01, 234.02, and

234.99 (O 946-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 982

Golf course fees — amend Sect. 133.29 (O 738-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1016

Finance Department

Cavaliers’ practice facilities — relocation — City of Independence — share the income tax

revenue (O 578-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 988

City, County and Waste Paper Drivers Union, Local No. 244 — International Brotherhood of

Teamsters — collective bargaining agreement (O 954-06). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 987

Dell servers (6) — maintenance — professional consultants (O 933-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 978

Golf Courses

Golf course fees — amend Sect. 133.29 (O 738-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1016

Grants

Air-Quality Division — operation — Ohio Environmental Protection Agency

(O 941-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 980

Assistance to Firefighters, Fire Prevention and Safety Grant, 2005 — Federal Emergency

Management Agency (O 2204-05) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 999

Cities for United Science Progress Program — United States Conference of Mayors

(O 943-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 981

Cleveland Arrest Program — U.S. Department of Justice, Office on Violence Against Women

(O 455-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1002

Edward Byrne Memorial Justice Assistance Grant 2006 — U. S. Department of Justice

(O 504-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1002

Get the Lead Out — Protecting Children from the Dangers of Lead Poisoning Program —

County Office of Procurement and Diversity — Maytag dba Hoover Sales and Services —

contract — vacuums (O 942-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 980

56 The City Record May 24, 2006

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Health Department

AIDS-related services & HOPWA Grant — contracts — various agencies — Public Health and

Community Development Departments (O 945-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 982

AIDS-related services — contracts — various agencies — Community Development and Public

Health Departments (O 948-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 983

Air-Quality Division — operation — grant — Ohio Environmental Protection Agency

(O 941-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 980

Cities for United Science Progress Program — grant — United States Conference of Mayors

(O 943-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 980

Electronic security system — maintain — Simplex Grinnell — Division of Correction

(O 944-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 981

Get the Lead Out — Protecting Children from the Dangers of Lead Poisoning Program —

grant — County Office of Procurement and Diversity — Maytag dba Hoover

Sales and Services — contract — vacuums (O 942-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 980

Health Museum

Healthspace — Cleveland Health Education Museum — prepayment of a Section 108 loan —

supplement Ord. No. 1067-2000 (O 894-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1020

Land Reutilization Program

E. 160th St. — L. Square Development, LLC. (O 956-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 986

E. 84th St., 1198 — Robert L. McDuffie II (O 949-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 983

Harlem Ct. — Lula Blevins (O 1992-05). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 998

Kinsman Rd., & E. 90th St. — Burten, Bell, Carr Development, Inc.

(O 951-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 984

Linwood Ave. — Artist Duncan and Phyllis Duncan (O 950-06). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 983

Townsend Ave., 8010 & 8006 — E. 117th St., 463 — Greater Cleveland Habitat for Humanity

(O 952-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 985

Lease Agreement

American Flyers, Inc. — office space — Burke Lakefront Airport

(O 936-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 978

VinCore, LLC — office space — Burke Lakefront Airport (O 937-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 979

Liquor Permits

Denison Ave., 9827-31 — objection (Ward 17) (R 910-06). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 998

St. Clair Ave., 11701 — objection (Ward 9) (R 909-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 997

St. Clair Ave., 15518 — objection — withdraw (Ward 11) (R 958-06). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 988

Loans

Healthspace — Cleveland Health Education Museum — prepayment of a Section 108 loan —

supplement Ord. No. 1067-2000 (O 894-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1020

Mayor’s Office

Cavaliers’ practice facilities — relocation — City of Independence — share the income tax

revenue (O 578-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 988

Medicare

Medicare prescription drug program — extend the deadline — eliminate the penalty —

calling upon the U.S. President and Congress (R 908-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 997

Motor Vehicle Maintenance Division (MVM)

E.J. Ward, Inc. — contracts — fuel control terminals — spare replacement parts —

telephone consultation — maintain the terminals and software maintenance

(O 939-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 979

May 24, 2006 The City Record 57

1031

Museums

Healthspace — Cleveland Health Education Museum — prepayment of a Section 108 loan —

supplement Ord. No. 1067-2000 (O 894-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1020

National Football League (NFL)

Super Bowl, 50th Annual (2016) — City of Cleveland to host — urging the

NFL (R 955-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 988

Super Bowl, 50th Annual (2016) — Cleveland Browns to host — Urging the National Football

League (R 904-06). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 988

Neighborhood Equity Funds

Detroit Shoreway Community Development Organization — agreement —

Community Forum Program — Wad 17 (O 905-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1020

Harvard Community Services Center — Senior Citizen Support Services Program —

Ward 1 (O 906-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1020

Oath of Office

Apicella, Jim V. — Citizens Industrial Air Pollution Advisory Committee

(F 962-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

Dreyfuss-Wells, Kyle — Citizens Industrial Air Pollution Advisory Committee

(F 960-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

Holmes, Robin — Citizens Industrial Air Pollution Advisory Committee

(F 964-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

Vauss, Jr., Elvin M.- Citizens Industrial Air Pollution Advisory Committee

(F 963-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

Wainright, Amy — Citizens Industrial Air Pollution Advisory Committee. Received

(F 961-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

Parking

Gateway North Parking Garage — bulk sale of parking spaces — agreement

(O 947-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 982

Parks, Recreation and Properties Department

Gateway North Parking Garage — bulk sale of parking spaces — agreement

(O 947-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 982

Golf course fees — amend Sect. 133.29 (O 738-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1016

Project Clean Program — appropriating CDBG (O 697-06). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1005

Permits

Cats in the Flats 10K & 5K Run and 5K Walk — CC Group at St. Ignatius High School

(O 912-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1021

Playhouse Square

IdeaCenter Building (1375 Euclid Ave.) — economic development assistance — contract —

Playhouse Square Foundation (O 572-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1002

Port Control Department

American Flyers, Inc. — Lease Agreement — office space — Burke Lakefront

Airport (O 936-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 978

Rosemore International escalator step cleaner — purchase — Ace Janitorial and Surgical

Supply Co. — Cleveland Hopkins International Airport (O 938-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 979

VinCore, LLC — Lease Agreement — office space — Burke Lakefront Airport

(O 937-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 979

Predatory Lending

Anti-predatory lending and foreclosure prevention assistance — appropriating — CDBG —

Consumer Affairs Dept. (O 743-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1018

58 The City Record May 24, 2006

1032

Recognition

Czech Cultural Center of Sokol Greater Cleveland (R 970-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

King, Jr., Robert J. (R 974-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 978

Lafferty, Dennis M. (R 972-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 978

Rawson, Jr., Robert H. (R 973-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 978

Wallace, Allison L.E. (R 971-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 978

Resolutions — Miscellaneous

Medicare prescription drug program — extend the deadline — eliminate the penalty —

calling upon the U.S. President and Congress (R 908-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 997

Ohio Workers’ Compensation Law — Amended Substitute Senate Bill 7 — oppose

(R 907-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 997

Super Bowl, 50th Annual (2016) — City of Cleveland to host — urging the

NFL (R 955-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 988

Super Bowl, 50th Annual (2016) — Cleveland Browns to host — Urging the National Football

League (R 904-06). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 988-T

Safety Department

Assistance to Firefighters, Fire Prevention and Safety Grant, 2005 — grant — Federal

Emergency Management Agency (O 2204-05). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 999

Cleveland Arrest Program — grant — U.S. Department of Justice, Office on Violence Against

Women (O 455-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1002

Cleveland Clinic Police Department — Mutual Aid Agreement — traffic laws, parking

regulations and traffic direction and control (O 610-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1003

Edward Byrne Memorial Justice Assistance Grant 2006 — grant — U. S. Department of Justice

(O 504-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1002

Medical supplies and equipment — purchase — Division of Emergency Medical Service

(O 649-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1003

RescueNet EMS Pro — maintenance & upgrades — Zoll Data Systems — contract —

Division of Emergency Medical Service (O 650-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1003

Stryker Medical — patient cots and stairs chairs on rescue squads — Division of Emergency

Medical Service (O 651-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1004

Salaries

City, County and Waste Paper Drivers Union, Local No. 244 — International

Brotherhood of Teamsters — collective bargaining agreement

(O 954-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 987

Senate Bills

Ohio Workers’ Compensation Law — Amended Substitute Senate Bill 7 — oppose

(R 907-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 997

Service Department

Cats in the Flats 10K & 5K Run and 5K Walk — permit — CC Group at St. Ignatius High

School (O 912-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1021

E.J. Ward, Inc. — contracts — fuel control terminals — spare replacement parts —

telephone consultation — maintain the terminals and software maintenance -

Division of Motor Vehicle Maintenance (O 939-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 979

Sagrada Familia Church — banners — Church Festival (O 913-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1021

St. Clair-Superior Development Corp. — banners — Slovenian Celebrations

(O 911-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1021

Starkweather Ave. — W. 7th St. — intent to vacate (R 828-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 996

Un-Named Alley (1st) — W. of Pearl Rd. — from Krather Rd. to its Northerly terminus. —

vacate (O 17-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 999

W. 5th St. — Houston Ave., S.W. — intent to vacate (R 829-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 996

Webster Ave. & E. 10th St. — vacate a portion (O 864-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1020

West and East Side Markets — refrigerated coolers replacement

(O 940-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 979

May 24, 2006 The City Record 59

1033

Slavic Village Development Corporation

Dolloff Road Municipal Parking Lot — repair and upgrade — economic assistance

(O 748-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1019

Street Vacation

E. 109th St. — intent to vacate (R 902-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 996

Starkweather Ave. — W. 7th St. — intent to vacate (R 828-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 996

Un-Named Alley (1st) — W. of Pearl Rd. — from Krather Rd. to its Northerly terminus. —

vacate (O 17-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 999

W. 5th St. — Houston Ave., S.W. — intent to vacate (R 829-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 996

Webster Ave. & E. 10th St. — vacate a portion (O 864-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1020

Tabled Legislation

Super Bowl, 50th Annual (2016) — Cleveland Browns to host — Urging the National Football

League (R 904-06). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 988-T

Taxes

Cavaliers’ practice facilities — relocation — City of Independence — share the income tax

revenue (O 578-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 988

Utilities Department

Citywide GIS System Project — Phase II — MWH Americas Inc. — amendments to Contract No.

57651 (O 934-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 978

Mincom, Inc. — contracts — licenses to upgrade — Ellipse 5.2.1. software

(O 935-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 978

Youth Opportunities Unlimited — contract — Cleveland Youth Fire Hydrant Painting Program

(O 780-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1019

Ward 01

E. 160th St. — Land Reutilization Program — L. Square Development, LLC.

(O 956-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 986

Harvard Community Services Center — Senior Citizen Support Services Program — NEF

(O 906-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1020

Ward 02

Terry, Nelly — condolence (R 966-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

Ward 03

Murphy, Elvin — congratulation (R 967-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

Ward 05

Czech Cultural Center of Sokol Greater Cleveland — recognition

(R 970-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

Davis, Sr., Pastor Jesse L. — condolence (R 965-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

Kinsman Rd., & E. 90th St. — Land Reutilization Program — Burten, Bell, Carr Development,

Inc. (O 951-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 984

Ward 06

E. 109th St. — intent to vacate (R 902-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 996

Townsend Ave., 8010 & 8006 — E. 117th St., 463 — Land Reutilization Program —

Greater Cleveland Habitat for Humanity (O 952-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 985

60 The City Record May 24, 2006

1034

Ward 07

E. 84th St., 1198 — Land Reutilization Program — Robert L. McDuffie II

(O 949-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 983

Harlem Ct. — Land Reutilization Program — Lula Blevins

(O 1992-05) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 998

Linwood Ave. — Land Reutilization Program — Artist Duncan and Phyllis Duncan

(O 950-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 983

Ward 09

E. 109th St. — intent to vacate (R 902-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 996

St. Clair Ave., 11701 — objection — liquor permit (R 909-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 997

Townsend Ave., 8010 & 8006 — E. 117th St., 463 — Land Reutilization Program —

Greater Cleveland Habitat for Humanity (O 952-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 985

Ward 11

St. Clair Ave., 15518 — objection — withdraw — liquor permit

(R 958-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 988

Ward 12

Czech Cultural Center of Sokol Greater Cleveland — recognition

(R 970-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

Dolloff Road Municipal Parking Lot — repair and upgrade — economic assistance — Slavic

Village Development (O 748-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1019

Kallstrom, Thomas J. — congratulation (R 968-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

Ward 13

Cats in the Flats 10K & 5K Run and 5K Walk — permit — CC Group at St. Ignatius High

School (O 912-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1021

Detroit Ave. (north btwn W. 29th & W. 45th Sts.) — change zoning — Open Space District

(O 707-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1006

IdeaCenter Building (1375 Euclid Ave.) — economic development assistance — contract —

Playhouse Square Foundation (O 572-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1002

King, Jr., Robert J. — recognition (R 974-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 978

Lafferty, Dennis M. — recognition (R 972-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 978

Rawson, Jr., Robert H. — recognition (R 973-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 978

St. Clair Ave. & Old River Rd. (southwest corner) (W. 11th St.) — changing the Use

District — General Retail Use District (O 199-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000

St. Clair-Superior Development Corp. — banners — Slovenian Celebrations

(O 911-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1021

Starkweather Ave. — W. 7th St. — intent to vacate (R 828-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 996

W. 5th St. — Houston Ave., S.W. — intent to vacate (R 829-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 996

Wallace, Allison L.E. — recognition (R 971-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 978

Webster Ave. & E. 10th St. — vacate a portion (O 864-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1020

Ward 14

Fulton Rd. & Meyer Ave. — changing the Use and Area Districts — RA2 Townhouse District

(O 200-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1001

Ward 15

Hoffman, Sheryl — congratulation (R 969-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 977

Un-Named Alley (1st) — W. of Pearl Rd. — from Krather Rd. to its Northerly terminus. —

vacate (O 17-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 999

May 24, 2006 The City Record 61

1035

62 The City Record May 24, 2006

1036

Ward 17

Denison Ave., 9827-31 — objection — liquor permit (R 910-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 998

Detroit Shoreway Community Development Organization — agreement —

Community Forum Program — NEF (O 905-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1020

Sagrada Familia Church — banners — Church Festival (O 913-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1021

Ward 19

W. 117th St. (east & west side from Governor Ave. to Bellaire Rd.) — change zoning

(O 718-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1007

West Side Market

Refrigerated coolers replacement — West and East Side Markets

(O 940-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 979

Zoning

Detroit Ave. (north btwn W. 29th & W. 45th Sts.) — change zoning — Open Space District

(O 707-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1006

Fulton Rd. & Meyer Ave. — changing the Use and Area Districts — RA2 Townhouse District

(O 200-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1001

St. Clair Ave. & Old River Rd. (southwest corner) (W. 11th St.) — changing the Use

District — General Retail Use District (O 199-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000

W. 117th St. (east & west side from Governor Ave. to Bellaire Rd.) — change zoning

(O 718-06) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1007