The City Record Official Publication of the Council of the City of Clevel April the Twenty-Eighth, Two Thous Ten Frank G. Jackson Mayor Martin J. Sweeney President of Council Patricia J. Britt City Clerk, Clerk of Council Ward Name 1 Terrell H. Pruitt 2 Zachary Reed 3 Joe Cimperman 4 Kenneth L. Johnson 5 Phyllis E. Clevel 6 Mamie J. Mitchell 7 TJ Dow 8 Jeffrey D. Johnson 9 Kevin Conwell 10 Eugene R. Miller 11 Michael D. Polensek 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Brian J. Cummins 15 Matthew Zone 16 Jay Westbrook 17 Dona Brady 18 Martin J. Sweeney 19 Martin J. Keane The City Record is available online at www.clevelcitycouncil.org Containing PAGE City Council 3 The Calendar 16 Board of Control 17 Civil Service 20 Board of Zoning Appeals 20 Board of Building Stards Building Appeals 21 Public Notice 25 Public Hearings 25 City of Clevel Bids 26 Adopted Resolutions Ordinances 27 Committee Meetings 29 Index 30 Printed on Recycled Paper
DIRECTORY OF CITY OFFICIALS CITY COUNCIL LEGISLATIVE President of Council Martin J. Sweeney Ward Name Residence 1 Terrell H. Pruitt...3877 East 189th Street 44122 2 Zachary Reed...3734 East 149th Street 44120 3 Joe Cimperman...P.O. Box 91688 44101 4 Kenneth L. Johnson...2948 Hampton Road 44120 5 Phyllis E. Clevel...2369 East 36th Street 44105 6 Mamie J. Mitchell...12701 Shaker Boulevard, #712 44120 7 TJ Dow...7715 Decker Avenue 44103 8 Jeffrey D. Johnson...9024 Parkgate Avenue 44108 9 Kevin Conwell...10647 Ashbury Avenue 44106 10 Eugene R. Miller...13615 Kelso Avenue 44110 11 Michael D. Polensek...17855 Brian Avenue 44119 12 Anthony Brancatelli...6924 Ottawa Road 44105 13 Kevin J. Kelley...5904 Parkridge Avenue 44144 14 Brian J. Cummins...3104 Mapledale Avenue 44109 15 Matthew Zone...1228 West 69th Street 44102 16 Jay Westbrook...1278 West 103rd Street 44102 17 Dona Brady...1272 West Boulevard 44102 18 Martin J. Sweeney...3632 West 133rd Street 44111 19 Martin J. Keane...15907 Colletta Lane 44111 City Clerk, Clerk of Council Patricia J. Britt, 216 City Hall, 664 2840 First Assistant Clerk Sra Franklin MAYOR Frank G. Jackson Ken Silliman, Secretary to the Mayor, Chief of Staff Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Chris Warren, Executive Assistant to the Mayor, Chief of Regional Development Monyka S. Price, Executive Assistant to the Mayor, Chief of Education Maureen Harper, Executive Assistant to the Mayor, Chief of Communications Andrea V. Taylor, Executive Assistant to the Mayor, Press Secretary Andrew Watterson, Executive Assistant to the Mayor, Chief of Sustainability Natoya J. Walker, Interim Director, Office of Equal Opportunity DEPT. OF LAW Robert J. Triozzi, Director, Richard F. Horvath, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel, Barbara A. Langhenry, Chief Counsel, Rm. 106, Law Librarian, Room 100 DEPT. OF FINANCE Sharon Dumas, Director, Room 104; Frank Badalamenti, Manager, Internal Audit DIVISIONS: Accounts Richard W. Sensenbrenner, Commissioner, Room 19 Assessments Licenses Dedrick Stephens, Commissioner, Room 122 City Treasury, Treasurer, Room 115 Financial Reporting Control James Gentile, Controller, Room 18 Information Technology Services Douglas Divish, Commissioner, 205 W. St. Clair Avenue Purchases Supplies James E. Hardy, Commissioner, Room 128 Printing Reproduction Michael Hewitt, Commissioner, 1735 Lakeside Avenue Taxation Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue DEPT. OF PUBLIC UTILITIES Barry A. Withers, Director, 1201 Lakeside Avenue DIVISIONS 1201 Lakeside Avenue Clevel Public Power Ivan Henderson, Commissioner Street Lighting Bureau, Acting Chief Utilities Fiscal Control Dennis Nichols, Commissioner Water John Christopher Nielson, Commissioner Water Pollution Control Ollie Shaw, Commissioner DEPT. OF PORT CONTROL Ricky D. Smith, Director Clevel Hopkins International Airport, 5300 Riverside Drive Burke Lakefront Airport Khalid Bahhur, Commissioner Clevel Hopkins International Airport Fred Szabo, Commissioner DEPT. OF PUBLIC SERVICE Jomarie Wasik, Director, Room 113 DIVISIONS: Architecture Kurt Wiebusch, Commissioner, Room 517 Engineering Construction, Commissioner, Room 518 Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard Yards Streets Rell T. Scott, Commissioner, Room 25 Traffic Engineering Robert Mavec, Commissioner, 4150 East 49th Street, Building #1 Waste Collection Disposal Ron Owens, Commissioner, 5600 Carnegie Avenue DEPT. OF PUBLIC HEALTH Matt Carroll, Director, Mural Building, 75 Erieview Plaza DIVISIONS: Air Quality Richard L. Nemeth, Commissioner Environment Willie Bess, Commissioner, Mural Building, 75 Erieview Plaza Health Karen K. Butler, Commissioner, Mural Building, 75 Erieview Plaza DEPT. OF PUBLIC SAFETY Martin Flask, Director, Room 230 DIVISIONS: Dog Pound John Baird, Chief Dog Warden, 2690 West 7th Street Correction Robert Taskey, Commissioner, Clevel House of Corrections, 4041 Northfield Rd. Emergency Medical Service Edward Eckart, Commissioner, 1708 South Pointe Drive Fire Paul A. Stubbs, Chief, 1645 Superior Avenue Police Michael C. McGrath, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street DEPT. OF PARKS, RECREATION & PROPERTIES Michael Cox, Director Clevel Convention Center, Clubroom A, 1220 East 6th Street DIVISIONS: Convention Center & Stadium James Glending, Commissioner Public Auditorium, East 6th Street Lakeside Avenue Parking Facilities Leigh Stevens, Commissioner Public Auditorium, East 6th Street Lakeside Avenue Park Maintenance Properties Richard L. Silva, Commissioner Public Auditorium East 6th Street Lakeside Avenue Property Management Tom Nagle, Commissioner, East 49th Street & Harvard Recreation Kim Johnson, Commissioner, Room 8 Research, Planning & Development Mark Fallon, Commissioner, 1501 N. Marginal Road Burke Lakefront Airport DEPT. OF COMMUNITY DEVELOPMENT Daryl Rush, Director, 3rd Floor, City Hall DIVISIONS: Administrative Services Terrence Ross, Commissioner Neighborhood Services Louise V. Jackson, Commissioner Neighborhood Development Joseph A. Sidoti, Commissioner DEPT. OF BUILDING AND HOUSING Edward W. Rybka, Director, Room 500 DIVISIONS: Code Enforcement Tyrone L. Johnson, Commissioner Construction Permitting Timothy R. Wolosz, Commissioner DEPT. OF PERSONNEL AND HUMAN RESOURCES Nycole D.West, Interim Director, Room 121 DEPT. OF ECONOMIC DEVELOPMENT Tracey A. Nichols, Director, Room 210 DEPT. OF AGING Jane Fumich, Director, Room 122 DEPT. OF CONSUMER AFFAIRS John D. Mahone, Interim Director COMMUNITY RELATIONS BOARD Room 11, Blaine Griffin, Director; Mayor Frank G. Jackson, Chairman Ex-Officio; Rev. Charles Lucas, Jr., Vice-Chairman; Councilman Kevin Conwell, Councilman Brian J. Cummins, Councilman Joe Santiago, Councilman Matthew 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 James Copel. CIVIL SERVICE COMMISSION Room 119, Reynaldo Galindo, President; Rev. Earl Preston, Vice President; Lucille Ambroz, Secretary; Members: Diane M. Downing, Michael L. Nelson. SINKING FUND COMMISSION Frank G. Jackson, President; Council President Martin J. Sweeney; Betsy Hruby, Asst. Sec y.; Sharon Dumas, Director. BOARD OF ZONING APPEALS Room 516, Carol A. Johnson, Chairman; Members; John Myers, 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 Sharon Dumas, Secretary; Council President Martin J. Sweeney. BOARD OF SIDEWALK APPEALS Service Director Jomarie Wasik, Law Director Robert J. Triozzi; Councilman. BOARD OF REVIEW (Municipal Income Tax) Law Director Robert J. Triozzi; Utilities Director ; Council President Martin J. Sweeney. CITY PLANNING COMMISSION Room 501 Robert N. Brown, Director; Anthony J. Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean Pinkney, Norman Krumholz, Council Member Phyllis E. Clevel. FAIR EMPLOYMENT WAGE BOARD Room 210 Gerald Meyer, Chair; Angela Caldwell, Vice Chair; Patrick Gallagher, Kathryn Jackson, Draydean McCaleb, Council Member, Ed Romero. FAIR HOUSING BOARD Charles See, Chair; Lisa Camacho, Daniel Conway, Robert L. Render, Genesis O. Brown. HOUSING ADVISORY BOARD Room 310 Keith Brown, Terri Hamilton Brown,Vickie Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, David Perkowski, Joan Shaver Washington, Keith Sutton. CLEVELAND BOXING AND WRESTLING COMMISSION Robert Jones, Chairman; Clint Martin, Mark Rivera. MORAL CLAIMS COMMISSION Law Director Robert J. Triozzi; Chairman; Finance Director Sharon Dumas; Council President Martin J. Sweeney; Councilman Kevin Kelley. POLICE REVIEW BOARD Thomas Jones, Board Chair Person; Vernon Collier, Vermel Whalen, Nancy Cronin, Elvin Vauss. CLEVELAND LANDMARKS COMMISSION Room 519 Jennifer Coleman, Chair; Laura M. Bala, Council Member Anthony Brancatelli, Robert N. Brown, Thomas Coffey, Allan Dreyer, William Mason, Michael Rastatter, Jr., John Torres, N. Kurt Wiebusch, Robert Keiser, Secretary. AUDIT COMMITTEE Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane Downing, Donna Sciarappa, Council President Martin J. Sweeney; Law Director Robert J. Triozzi. CLEVELAND MUNICIPAL COURT JUSTICE CENTER 1200 ONTARIO STREET JUDGE COURTROOM ASSIGNMENTS Judge Courtroom Presiding Administrative Judge Ronald B. Adrine 15A Judge Marilyn B. Cassidy 12B Judge Emanuella Groves 13A Judge Michelle D. Earley 12A Judge Kathleen Ann Keough 14B Judge Anita Laster Mays 14C Judge Lauren C. Moore 14A Judge Charles L. Patton, Jr. 13D Judge Raymond L. Pianka (Housing Court Judge) 13B Judge Michael John Ryan 12C Judge Angela R. Stokes 15C Judge Pauline H. Tarver 13C Judge Joseph J. Zone 14D Earle B. Turner Clerk of Courts, Russell R. Brown III Court Administrator, Paul J. Mizerak Bailiff; Jerome M. Krakowski Chief Probation Officer, Gregory F. Clifford Chief Magistrate
The City Record OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND Vol. 97 WEDNESDAY, APRIL 28, 2010 No. 5029 CITY COUNCIL MONDAY, APRIL 26, 2010 The City Record Published weekly by the City Clerk, Clerk of Council under authority of the Charter of the City of Clevel The City Record is available online at www.clevelcitycouncil.org Address all communications to PATRICIA J. BRITT City Clerk, Clerk of Council 216 City Hall PERMANENT SCHEDULE STANDING COMMITTEES OF THE COUNCIL 2010-2013 MONDAY Alternating 9:30 A.M. Public Parks, Properties, Recreation Committee: K. Johnson, Chair; Conwell, Vice Chair; Brancatelli, Cimperman, Dow, Polensek, Reed. 9:30 A.M. Health Human Services Committee: Cimperman, Chair; J. Johnson, Vice Chair; Conwell, Keane, Kelley, Reed, Zone. 11:00 A.M. Public Service Committee: Miller, Chair; Cummins, Vice Chair; Clevel, Dow, K. Johnson, Keane, Polensek, Pruitt, Sweeney. 11:00 A.M. Legislation Committee: Mitchell, Chair; K. Johnson, Vice Chair; Brancatelli, Cimperman, Clevel, Reed, Sweeney. MONDAY 2:00 P.M. Finance Committee: Sweeney, Chair; Kelley, Vice Chair; Brady, Brancatelli, Clevel, Keane, Miller, Mitchell, Polensek, Pruitt, Westbrook. TUESDAY 9:30 A.M. Community Economic Development Committee: Brancatelli, Chair; Dow, Vice Chair; Cimperman, Cummins, J. Johnson, Miller, Pruitt, Westbrook, Zone. 1:30 P.M. Employment, Affirmative Action Training Committee: Pruitt, Chair; Miller, Vice Chair; Cummins, J. Johnson, K. Johnson, Mitchell, Westbrook. WEDNESDAY Alternating 10:00 A.M. Aviation Transportation Committee: Keane, Chair; Pruitt, Vice Chair; Cummins, J. Johnson, K. Johnson, Kelley, Mitchell. 10:00 A.M. Public Safety Committee: Conwell, Chair; Polensek, Vice Chair; Brady, Clevel, Cummins, Dow, Miller, Mitchell, Zone. WEDNESDAY Alternating 1:30 P.M. Public Utilities Committee: Kelley, Chair; Brady, Vice Chair; Conwell, Cummins, Dow, Miller, Polensek, Pruitt, Westbrook. 1:30 P.M. City Planning Committee: Clevel, Chair; Westbrook, Vice Chair; Brady, Conwell, Dow, Keane, Zone. The following Committees are subject to the Call of the Chair: Rules Committee: Sweeney, Chair; Clevel, Keane, Polensek, Pruitt. Personnel Operations Committee: Westbrook, Chair; Conwell, K. Johnson, Kelley, Mitchell, Sweeney, Zone. Mayor s Appointment Committee: Dow, Chair; Clevel, Kelley, Miller, Sweeney. OFFICIAL PROCEEDINGS CITY COUNCIL Clevel, Ohio Monday, April 26, 2010 The meeting of the Council was called to order, The President, Martin J. Sweeney, in the Chair. Council Members present: Brady, Brancatelli, Cimperman, Clevel, Conwell, Cummins, Dow, J. Johnson, K. Johnson, Kelley, Miller, Mitchell, Polensek, Pruitt, Reed, Sweeney, Westbrook Zone. Also present were Mayor Frank J. Jackson; Ken Silliman, Chief of Staff; Valarie J. McCall, Chief of Government Affairs; Chris Warren, Chief of Regional Development; Monyka S. Price, Chief of Education; Maureen Harper, Chief of Communications; Andrea V. Taylor, Press Secretary; Natoya J. Walker Minor, Chief of Public Affairs; Directors Carroll, Flask, Cox, Rybka, Fumich, Griffin, Interim Directors Nycole D. West John D. Mahone, Teresa Stevenson, Legislative Affairs. Pursuant to Ordinance No. 2926-76 prayer was offered by Council Member pastor David Cobb of Emmanuel Baptist Church, 7901 Quincy Avenue, Ward 6. Pledge of Allegiance. 567 MOTION On the motion of Council Member K. Johnson, the reading of the minutes of the last meeting was dispensed with the journal approved. Seconded by Council Member J. Johnson. COMMUNICATIONS File No. 572-10-A. From Director of Public Safety Application Acceptance of a $2,500 grant from KFC. Received. STATEMENT OF FINAL ACCEPTANCE File No. 573-10. From Director of Public Utilities Contract No. 68331 A with EnviroCom Construction, Inc., for WPC Building Phase IV Renovations Project. Received. FROM DEPARTMENT OF LIQUOR CONTROL File No. 574-10. Re #66279870010 D5, D6 Transfer of Ownership Application PSR Acquisition, LLC, dba Windows on the River, 2nd fl. NE Patio & Atrium, 2000 Sycamore Unit 121. (Ward 3). Received. File No. 575-10. Re #76772650015 D5A New Application Sage Restaurant Manger, LLC, dba Crowne Plaza Clevel City Centre, 777 St. Clair Avenue. (Ward 3). Received. File No. 576-10. Re #7655380 D1, D2, D3, D3A, D6 Transfer of Ownership Application SWB Bar One LLC, dba The Leader Lounge, 1st Fl. & Bsmt., 526 Superior Avenue, Suite 101. (Ward 3). Received. File No. 577-10. Re #0288357005 D5J, D6 Transfer of Ownership Application Arts Collinwood Enterprises, LLC, dba Café at Arts Collinwood, 15601 Waterloo Road. (Ward 11). Received. File No. 578-10. Re #935794103226 C2 New Application Walgreens Co. dba Walgreens #03226, 6410 Broadway Avenue. (Ward 12). Received. File No. 579-10. Re #0160899 D5, Transfer of Ownership Application Amas Place, Inc., dba Weeks end Tavern, 3309 W. 105th St. 1st Fl. & Bsmt. (Ward 17). Received.
4 The City Record April 28, 2010 File No. 580-10. Re #1170482 D5, D6 Transfer of Ownership Application ccrp Enterprises, Inc., 15715 Lorain Avenue. (Ward 19). Received. CONDOLENCE RESOLUTIONS The rules were suspended the following Resolutions were adopted by a rising vote: Res. No. 581-10 Willie Cross. Res. No. 582-10 Floyree Walker. Res. No. 583-10 Gladys Virginia Brothers. Res. No. 584-10 Johnie Celester Brothers. Res. No. 585-10 Chris Kosel. Res. No. 586-10 Luz Villanuev. Res. No. 587-10 Christy R. Barr. CONGRATULATION RESOLUTION The rules were suspended the following Resolution was adopted without objection: Res. No. 588-10 Spurgeon Westbrooks. RECOGNITION RESOLUTIONS The rules were suspended the following Resolutions were adopted without objection: Res. No. 589-10 Lee Reed. Res. No. 590-10 Shen Yun Performing Arts. Res. No. 591-10 Ruby Dee. FIRST READING EMERGENCY ORDINANCES REFERRED Ord. No. 544-10. By Council Members Kelley, Clevel Sweeney (by departmental request). the Director of Public Utilities to purchase an intelligent street light monitoring system, including labor materials needed to install the system installation, if necessary, to be attached on a limited number of poles during a oneyear pilot program, for the Division of Clevel Public Power, Department of Public Utilities. Whereas, the Department of Public Utilities desires to implement a one-year pilot program by installing an intelligent street light monitoring system on a limited number of poles to evaluate the use of a Citywide system; Section 1. That the Director of Public Utilities is authorized to make one or more written contracts under the Charter the Codified Ordinances of Clevel, Ohio, 1976, for each or all of the following items: one intelligent street light monitoring system, including labor materials needed to install the system, installation, if necessary, to implement an Intelligent Street Light Monitoring System Pilot Program for a period of one-year, for the Division of Clevel Public Power, Department of Public Utilities. Section 2. That under Section 108(b) of the Charter, the purchases authorized by this ordinance may be made through cooperative arrangements with other governmental agencies. The Director of Public Utilities may sign all documents that are necessary to make the purchases, may enter into one or more contracts with the vendors selected through that cooperative process. Section 3. That the cost of the contract or contracts authorized shall be paid from Fund No. 58 SF 001, Request No. RQS 2004 RL 2010-52. Section 4. That this ordinance is declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it Referred to Directors of Public Utilities, City Planning Commission, Finance, Law; Committees on Public Utilities, City Planning, Finance. Ord. No. 545-10. By Council Members Keane Sweeney (by departmental request). the Director of Port Control to exercise the first option to renew Contract No. 68070 with Peregrine Advisors, LLC to provide professional services for financial consulting services to the Department of Port Control. Whereas, under the authority of Ordinance No. 1403-07, passed November 12, 2007, the Director of Port Control entered into Contract No. 68070 with Peregrine Advisors, LLC to provide professional services for financial consulting services to the Department of Port Control; Whereas, Ordinance No. 1403-07 requires further legislation before exercising the first option to renew on this contract; Section 1. That the Director of Port Control is authorized to exercise the first option to renew Contract No. 68070 for an additional year, at a cost not to exceed $300,000, payable from Fund Nos. 60 SF 001 60 SF 106, with Peregrine Advisors, LLC to provide professional services for financial consulting services to the Department of Port Control. This ordinance constitutes the additional legislative authority required by Ordinance No. 1403-07 to exercise this first option. (RQS 3001 RL 2010-43) Section 2. That this ordinance is declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it 568 Referred to Directors of Port Control, Finance, Law; Committees on Aviation Transportation, Finance. Ord. No. 546-10. By Council Members Keane Sweeney (by departmental request). the Director of Port Control to make alterations modifications in Contract No. 66813, for the runway uncoupling extension project with Kokosing Construction Company, Inc., for the Division of Clevel Hopkins International Airport, Department of Port Control. Whereas, Ordinance No. 993-08, passed August 6, 2008, authorized the Director of Port Control to enter into a subsidiary agreement to City Contract No. 66813 with Kokosing Construction Company, Inc. for the runway uncoupling extension project at Clevel Hopkins International Airport; Whereas, an additional subsidiary agreement is now necessary in order to complete City Contract No. 66813; Section 1. That the Director of Port Control is authorized to make the following alterations modifications in Contract No. 66813 with Kokosing Construction Company, Inc. for the runway uncoupling extension project at Clevel Hopkins International Airport, Department of Port Control: Subsidiary #2 Additions Refuse Removal $ 1,309,622.64 Joint Seal Replacement 50,000.00 Grayton Road Lfill boulders Removed to Great Lakes Fill Area 128,535.00 MALSR spare parts + 40,738.43 Total Subsidiary #2 Additions $ 1,528,896.07 Original Contract Price $40,700,213.40 First Subsidiary Additions + 1,606,369.34 Revised Contract Amount $42,306,582.74 Revised Contract Amount $42,306,582.74 Total Subsidiary #2 Additions + 1,528,896.07 TOTAL REVISED CONTRACT AMOUNT $43,835,478.81 which alteration has been recommended in writing by the Director of Port Control, countersigned by the Mayor, consented to by the surety on the contract, which price to be paid has been agreed on in writing signed by the Director of Port Control the Contractor. This alteration will cause an increase in the amount of the original contract amount, as revised under Ordinance No. 993-08, passed August 6, 2008, in the sum of $1,528,896.07, to be paid from Fund Nos. 60 SF 112, 60 SF 119, 60 SF 126, 60 SF 130, 60 SF 289. Request No. RQS 3001 RL- 2010-54.
April 28, 2010 The City Record 5 Section 2. That this ordinance is declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it Referred to Directors of Port Control, Finance, Law; Committees on Aviation Transportation, Finance. Ord. No. 547-10. By Council Members J. Johnson, Miller, Clevel Sweeney (by departmental request). the Director of Public Service to issue a permit to Veterans Development, LLC. to encroach into the public right-of-way of East 105th Street by installing, using, maintaining federally-required security bollards a pedestrian bridge. Section 1. That the Director of Public Service is authorized to issue a permit, revocable at the will of Council, to Veterans Development, LLC., 5069 Corbin Drive, Bedford Heights, Ohio 44128 ( Permittee ), to encroach into the public right-ofway of East 105th Street by installing, using, maintaining federally-required security bollards a pedestrian bridge, at the following locations: PEDESTRIAN BRIDGE ENCROACHMENT Situated in the City of Clevel, County of Cuyahoga State of Ohio being part of the present right-of-way of East 105th Street, of part of Original One Hundred Acre Lot Nos. 393 394 being further bounded described as follows: Beginning at a stone monument with drill hole found in the centerline of East 105th Street, 60 feet wide at its intersection with the centerline of Wade Park, 70 feet wide, which point is also the Northeasterly corner of Original 100 Acre Lot No. 393; Thence North 89-48' - 25" West, along the centerline of Wade Park a distance of 30.00 feet to a point; Thence South 0-00' - 00" East, a distance of 35.00 feet to a drill hole found in the Southerly line of Wade Park at its intersection with the Westerly line of East 105th Street; Thence continuing South 0-00' - 00" East, along said Westerly line of East 105th Street a distance of 523.72 feet to the principal place of beginning of the parcel of l herein described; Thence North 90-00' - 00" East, a distance of 60.00 feet to a point in the Easterly line of East 105th Street; Thence South 00-00' - 00" East, along said Easterly line a distance of 20.00 feet to a point; Thence North 90-00' - 00" West, a distance of 60.00 feet to a point in the Westerly line of East 105th Street; Thence North 00-00' - 00" East, along said Westerly line a distance of 20.00 feet to the principal place of beginning containing 0.027 acres (1,200 square feet) of l, as described by Stephen Hovancsek & Associates, Inc., in March 2010 under the direction of Robert Smoltz, Registered Surveyor No. 6763, State of Ohio, be the same more or less but subject to all legal highways. Basis of bearings for this description being the centerline of East 105th St., established as South 0-00' - 00" West in aforesaid Lot Split Consolidation Plat recorded in Volume 352 of Maps, Page 94 of Cuyahoga County Records used to denote angles only. BOLLARDS ENCROACHMENT Situated in the City of Clevel, County of Cuyahoga State of Ohio being part of the present right-of-way of East 105th Street, of part of Original One Hundred Acre Lot No. 393 being further bounded described as follows: Beginning at a stone monument with drill hole found in the centerline of East 105th Street, 60 feet wide at its intersection with the centerline of Wade Park, 70 feet wide, which point is also the Northeasterly corner of Original 100 Acre Lot No. 393; Thence North 89-48' - 25" West, along the centerline of Wade Park a distance of 30.00 feet to a point; Thence South 0-00' - 00" East, a distance of 35.00 feet to a drill hole found in the Southerly line of Wade Park at its intersection with the Westerly line of East 105th Street; Thence continuing South 0-00' - 00" East, along said Westerly line of East 105th Street a distance of 523.72 feet to the principal place of beginning of the parcel of l herein described; Thence North 90-00' - 00" East, a distance of 10.00 feet to a point; Thence South 00-00' - 00" East, a distance of 230.00 feet to a point; Thence North 90-00' - 00" West, a distance of 10.00 feet to a point in the Westerly line of East 105th Street; Thence North 00-00' - 00" East, along said Westerly line a distance of 230.00 feet to the principal place of beginning containing 0.053 acres (2,300 square feet) of l, as described by Stephen Hovancsek & Associates, Inc., in March 2010 under the direction of Robert Smoltz, Registered Surveyor No. 6763, State of Ohio, be the same more or less but subject to all legal highways. Basis of bearings for this description being the centerline of East 105th St., established as South 0-00' - 00" West in aforesaid Lot Split Consolidation Plat recorded in Volume 352 of Maps, Page 94 of Cuyahoga County Records used to denote angles only. Legal Description approved by Greg Esber, Section Chief, Plats, Surveys House Numbering Section. Section 2. That Permittee may assign the permit only with the prior written consent of the Director of Public Service. That the encroaching structure(s) permitted by this ordinance shall conform to plans specifications approved by the Commissioner of Engineering Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroachment(s). Section 3. That the Director of Law shall prepare the permit authorized by this ordinance shall incorporate such additional provisions as the director determines necessary to protect benefit the public interest. The permit shall be issued only when, in the opinion of the Director of Law, Permittee has properly indemnified the City against any loss that may result from the encroachment(s) permitted. Section 4. That the permit shall reserve to the City reasonable right of entry to the encroachment location(s). Section 5. That this ordinance is declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it Referred to Directors of Public Service, City Planning Commission, Finance, Law; Committees on Public Service, City Planning, Finance. Ord. No. 548-10. By Council Members K. Johnson, Miller, Clevel Sweeney (by departmental request). the Director of Public Service to issue a permit to Mount Pleasant Now Development Corporation to encroach into the public right-of-way at 3545 East 139th Street 9947 Kingsbury Blvd. with 2 surveillance cameras signs to be attached to Clevel Public Power utility poles (by separate permission). a municipal department; now, therefore, Section 1. That the Director of Public Service is authorized to issue a permit, revocable at the will of Council, to Mount Pleasant Now Development Corporation ( Permittee ), 13815 Kinsman Road Clevel, Ohio 44120, to encroach into the public right-of-way at 3545 East 139th Street 9947 Kingsbury Blvd. by installing, using, maintaining 2 surveillance cameras signs to be attached to Clevel Public Power utility poles (by separate permission) at the locations more fully described as follows: 569
6 The City Record April 28, 2010 LOCATION POLE NUMBER POLE OWNER 3545 East 139th Street No Tag CPP 9947 Kingsbury Blvd. No Tag CPP Section 2. That Permittee may assign the permit only with the written consent of the Director of Public Service. That nothing in this ordinance grants or shall be considered to grant to Permittee any right, privilege, or permission to use, or to attach or affix any object to, poles; Permittee shall obtain such permission from the respective pole owner. Section 3. That the encroaching objects permitted by this ordinance shall conform to plans specifications approved by the Commissioner of Engineering Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroachments. Section 4. That the Director of Law shall prepare the permit authorized by this ordinance shall incorporate such additional provisions as the director determines necessary to protect benefit the public interest. The permit shall be issued only when, in the opinion of the Director of Law, a prospective Permittee has properly indemnified the City against any loss that may result from the encroachment(s) permitted. Section 5. That the Permit shall reserve reasonable right of entry to the encroachment location to the City. Section 6. That this ordinance is declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it immediately upon its passage from after the earliest period Referred to Directors of Public Service, City Planning Commission, Finance, Law; Committees on Public Service, City Planning, Finance. Ord. No. 549-10. By Council Members Mitchell, Miller, Clevel Sweeney (by departmental request). An emergency ordinance giving consent of the City of Clevel to the State of Ohio for the rehabilitation of the East 93rd Street Bridge; authorizing the Director of Public Service to enter into any relative agreements; causing payment of the City s share to the State for the cost of the Improvement. Section 1. That it is declared to be in the public interest that the consent of the City of Clevel is given to the Director of Transportation of the State of Ohio ( the State ) to construct the following improvement under plans, specifications, estimates approved by the State: rehabilitation of the East 93rd Street Bridge over Norfolk Southern Railroad Company the Greater Clevel Regional Transit Railroads lying within the City of Clevel (the Improvement ). Section 2. That the City proposes to cooperate with the State in the cost of the Improvement by assuming contributing the entire cost expense of the Improvement, less the amount of federal funds allocated by the Federal Highway Administration, United States Department of Transportation, less the State s portion of the cost of the Improvement. The entire cost of engineering, right-of-way, environmental documentation shall be borne by the City. Also, the City agrees to assume contribute 100% of the cost of any items included in the construction contract at the request of the City, which are determined by the State not eligible or made necessary by the Improvement. Section 3. That the Director of Public Service is authorized to enter into one or more agreements with the State necessary to complete the planning construction of the Improvement, which agreements shall contain terms conditions that the Director of Law determines shall best protect the public interest. Section 4. That on completion of the Improvement, the City will: (a) Keep the affected highway open to traffic at all times; (b) Maintain the Improvement according to the provisions of the statutes relating thereto make ample financial other provisions for the maintenance; (c) Maintain the right-of-way keep it free of obstruction in a manner satisfactory to the State hold the right-of-way inviolate for public highway purposes permit no signs, posters, billboards, roadside sts, or other private installations within the limits of the right-of-way; Section 5. (a) That all existing streets public rights-of-way within the City that are necessary for the Improvement shall be made available. (b) That the City agrees that all right-of-way required for the described project will be acquired /or made available under current State federal regulations. The City also understs that right-of-way costs include eligible utility costs. (c) That the construction, reconstruction, rearrangement of all utilities shall be done in a manner as not to interfere unduly with the operations of the contractor or contractors constructing the Improvement, all backfilling of trenches made necessary by utility rearrangement shall be performed under the provisions of the ODOT Construction Material Specifications shall be subject to approval by the State. (d) That the installation of all utility facilities on the right-of-way 570 shall conform with the requirements of Title 23 CFR 645 the ODOT Utilities Manual. Section 6. That this Council requests the State to proceed with the Improvement. Section 7. That, if this Council authorizes the City sells the subordinate lien income tax bonds of the City of Clevel authorized by Ordinance No. 459-10 which include this Improvement, this Council authorizes payment to the State of the City s share of the Improvement. Section 8. That the Clerk of Council is authorized directed to transmit to the State three (3) certified copies of this ordinance immediately on its taking effect, it shall become the basis for proceeding with the Improvement. Section 9. That this ordinance is declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it Referred to Directors of Public Service, City Planning Commission, Finance, Law; Committees on Public Service, City Planning, Finance. Ord. No. 550-10. By Council Members Cimperman, Miller, Clevel Sweeney (by departmental request). An emergency ordinance determining the method of making the public improvement of constructing various improvements to Clevel Brown s Stadium, including replacing an expansion joint making various concrete steel repairs; authorizing the Director of Public Service to enter into one or more public improvement contracts for the making of the improvement.
April 28, 2010 The City Record 7 Section 1. That, under Section 167 of the Charter of the City of Clevel, this Council determines to make the public improvement of constructing various improvements to Clevel Brown s Stadium, including replacing an expansion joint making various concrete steel repairs, for the Division of Architecture, Department of Public Service, by one or more contracts duly let to the lowest responsible bidder or bidders after competitive bidding for a gross price for the improvement. Section 2. That the Director of Public Service is authorized to enter into one or more contracts for the making of the public improvement with the lowest responsible bidder or bidders after competitive bidding for a gross price for the improvement, provided, however, that each separate trade each distinct component part of the improvement may be treated as a separate improvement, each, or any combination, of the trades or components may be the subject of a separate contract for a gross price. On request of the director the contractor shall furnish a correct schedule of unit prices, including profit overhead, for all items constituting units of the improvement. Section 3. That the Director of Public Service is authorized to apply pay for permits, licenses, or other authorizations required by any regulatory agency or public authority to permit performance of the work authorized by this ordinance. Section 4. That the cost of the improvement authorized shall be paid from Fund No. 20-111, Request No. RQS 4002 RL 2010-80. Section 5. That this ordinance is declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it Referred to Directors of Public Service, City Planning Commission, Finance, Law; Committees on Public Service, City Planning, Finance. Ord. No. 551-10. By Council Members Cimperman Sweeney (by departmental request). the Director of Public Health to apply for accept a grant from the Ohio Department of Alcohol Drug Addiction Services for the Drug Court Program. Section 1. That the Director of Public Health is authorized to apply for accept a grant in the approximate amount of $18,529, any other funds that may become available during the grant term from the Ohio Department of Alcohol Drug Addiction Services to conduct the Drug Court Program; that the Director is authorized to file all papers execute all documents necessary to receive the funds under the grant; that the funds are appropriated for the purposes described in the summary for the grant contained in the file described below. Section 2. That the summary for the grant, File No. 551-10-A, made a part of this ordinance as if fully rewritten, as presented to the Finance Committee of this Council at the public hearing on this legislation, is approved in all respects shall not be changed without additional legislative authority. Section 3. That the Director of Public Health shall have the authority to extend the term of the grant during the grant term. Section 4. That the Director of Public Health shall deposit the grant accepted under this ordinance into a fund or funds designated by the Director of Finance to implement the program as described in the file appropriated for that purpose. Section 5. That the Director of Public Health is authorized to enter into one or more contracts with or make payments to agencies, entities, or individuals to implement the grant as described in the file. Section 6. That this ordinance is declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it Referred to Directors of Public Health, Finance, Law; Committees on Health Human Services, Finance. Ord. No. 552-10. By Council Members Miller, K. Johnson Sweeney (by departmental request). the Director of Parks, Recreation Properties to enter into a concession agreement for the operation of a food beverage concession at Collinwood Athletic Complex for a period of one year with two one-year options to renew, exercisable by the Director of Parks, Recreation Properties. Section 1. That notwithsting any provision of the Codified Ordinances of Clevel, Ohio, 1976, to the contrary, the Director of Parks, Recreation Properties is authorized to enter into a concession 571 agreement on the basis of competitive proposals, for the operation of a food beverage concession at Collinwood Athletic Complex for a period of one year, with two oneyear options to renew, exercisable by the Director of Parks, Recreation Properties. The selection of the concessionaire shall be made by the Board of Control on the nomination of the Director of Parks, Recreation Properties. Section 2. That this ordinance is declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it Referred to Directors of Parks, Recreation Properties, Finance, Law; Committees on Public Parks, Properties Recreation, Finance. Ord. No. 553-10. By Council Members Brancatelli Sweeney (by departmental request). the Director of Community Development to enter into contracts for Commercial Revitalization rebate, grant, /or loan agreements with Storefront Renovation Program applicants, to enter into agreements for eligible costs to community development corporations for implementation of the Storefront Renovation Commercial Revitalization Programs. Whereas, the City has created a Storefront Renovation Program to encourage exterior rehabilitation of buildings in targeted areas in the City of Clevel; Whereas, the City is creating a Commercial Revitalization Program to further encourage rehabilitation, increase the availability of goods services for low moderate income residents, create employment in the City; Section 1. That the Director of Community Development is authorized to enter into rebate, grant, /or loan agreements with Storefront Renovation Program applicants, contracts for eligible administrative costs, consulting, or professional services, expenses to community development corporations for implementation of the Commercial Revitalization Storefront Renovation Programs. The Director is also authorized to provide compensating balance deposits to a designated lender(s) via Clevel Action to Support Housing (CASH) or other designee in return for lower than prime interest commercial loans to be used in the Storefront Renovation Program. Section 2. That the Director of Community Development is autho-
8 The City Record April 28, 2010 rized to enter into contracts with Commercial Revitalization Program applicants. Section 3. That the Director of Community Development is authorized to accept program income monies in repayment from community development corporations under the Storefront Renovation Program to utilize this program income, other Community Development Block Grant program income Kiosk program income in a revolving fund for additional Commercial Revitalization Storefront Renovation Program expenditures, such program income is appropriated for that purpose. Section 4. That the City is authorized to accept promissory notes, naming the City of Clevel as payee, mortgages, naming the City of Clevel as mortgagee, any other security instrument executed to evidence secure repayment of loans, costs, fees under the City s Storefront Renovation Program Commercial Revitalization Program. Section 5. That the Director of Community Development is authorized to enter into forbearance agreements with any recipient of a validly existing loan, administered by the City for Commercial Revitalization or Storefront Renovation. Section 6. That the Director of Community Development is authorized to collect from persons or entities with whom the City is entering into loan agreements or forebearance agreements an amount equal to any amount spent for services related to such agreements, such as title searches, credit bureau reports document filing fees. Such fees shall be deposited into Fund No. 14. Section 7. That the total of the contracts rebate agreements authorized may not exceed $450,000 will be paid from Fund No. 14 SF 036, Request No. RQS 8006 RL 2010-85. Section 8. That this ordinance is declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it from the after the earliest period Referred to Directors of Community Development, Finance, Law; Committees on Community Economic Development, Finance. Ord. No. 554-10. By Council Members Brancatelli Sweeney (by departmental request). the Director of Community Development to enter into contracts with one or more non-profit agencies to operate a community garden program. Section 1. That the Director of Community Development is authorized to enter into contracts with one or more non-profit agencies to operate a community gardening program. Section 2. That the cost of the contract or contracts shall not exceed $155,000.00, shall be paid from Fund Nos. 14 SF 036, Request No. RQS 8006 RL 2010-86. Section 3. That this ordinance is declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it from the after the earliest period Referred to Directors of Community Development, Finance, Law; Committees on Community Economic Development, Finance. Ord. No. 557-10. By Council Members Brancatelli Sweeney (by departmental request). An emergency ordinance appropriating Community Development Block Grant funds Federal HOME funds for the operation of the Low Interest Loan Grant Programs; to enter into one or more contracts with various agencies to implement these programs. Whereas, the City of Clevel has received a Community Development Block Grant, Year 36 2010 Federal HOME grant funds, from the United States Government; Section 1. That the Director of Community Development is authorized to expend funds from Fund No. 14 SF 036 in the amount of $2,417,000, Federal HOME Program funds from Fund 19 SF 640 in the amount of $1,273,584, for the operation of the Low Interest Loan Grant Programs, including all related services. The Low Interest Loan Grant Programs include Repair-A-Home (RAH), Corrective Action Grant, Afford-A-Home (AAH), Senior Home Owners Assistance Program (SHAP), Paint Refund Program, Housewarming, Furnace Repair, Home Maintenance Assistance Program (HMAP). Section 2. That the Director of Community Development is authorized to enter into one or more contracts with various non-profit agencies, rehabilitation service providers, tenants, homeowners, entities providing services necessary to process loans grants to implement the Low Interest Loan Grant Programs in the City of Clevel. Section 3. That the Director of Community Development is authorized to accept monies in repayment under the programs to utilize the repayments, other program 572 income in a revolving fund for additional expenditures under these programs administrative expenses, which repayments program income are appropriated for those purposes. Section 4. That the City is authorized to accept promissory notes, naming the City of Clevel as payee, mortgages, naming the City of Clevel as mortgagee, any other security instrument executed to evidence secure repayment of loans made under this program. Section 5. That the Director of Community Development is authorized to enter into forbearance agreements with any recipient of a validly existing loan administered by the City, to charge accept fees to cover costs incurred in the preparation of loan documents, closing, servicing costs. Such fees shall be deposited into Fund No. 14 are hereby appropriated for the purposes of the Low Interest Loan Grant Program. Section 6. That this ordinance is declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it from the after the earliest period Referred to Directors of Community Development, Finance, Law; Committees on Community Economic Development, Finance. Ord. No. 558-10. By Council Member Cimperman. An emergency ordinance designating St. Wendelin Church School, School (1905), Rectory, Convent, Parish Hall as a Clevel Lmark. Whereas, under Chapter 161 of the Codified Ordinances of Clevel, Ohio, 1976, the Clevel Lmarks Commission (the Commission ), has proposed to designate St. Wendelin Church School, School (1905), Rectory, Convent, Parish Hall as a lmark; Whereas, a public hearing under division (b)(2) of Section 161.04 was held on April 22, 2010 to discuss the proposed designation of St. Wendelin Church School, School (1905), Rectory, Convent, Parish Hall as a lmark; Whereas, the Commission has recommended designation of St. Wendelin Church School, School (1905), Rectory, Convent, Parish Hall as a lmark has set forth certain findings of fact constituting the basis for its decision; for the immediate preservation of the public peace, property, health, safety in that the immediate protection of the historic lmark is necessary to safeguard the special historical, community, or aesthetic interest or value in the lmark; now, therefore
April 28, 2010 The City Record 9 Section 1. That St. Wendelin Church School, School (1905), Rectory, Convent, Parish Hall, whose street addresses in the City of Clevel are 2235-2281 Columbus Road, S.W., Cuyahoga County Auditor s Permanent Parcel Numbers are 004-04-001, 004-04-002, 004-04-003, 004-04- 004, 004-04-005, is also known as the following described property: Situated in the City of Clevel, County of Cuyahoga, State of Ohio known as being all of Sublot number 329 part of Sublot number 331 in the Willeyville Allotment as shown in Volume 2 Page 16 of Cuyahoga County map records a part of West 20th Street now vacated bounded described as follows: Beginning on the Southerly line of Willey Avenue, S.W. (60 feet wide) at its intersection with the Easterly line of Columbus Road, S.W. (80 feet wide); thence Southerly along the Easterly line of said Columbus Road about 317.83 feet to a point; thence Easterly at right angles to the last described line about 175 feet to a point; thence Southerly 2 feet to a point; thence Easterly 25 feet to a point; thence Northerly parallel with said Columbus Road 10 feet to a point; thence Easterly in a direct line about 130 feet to the Westerly line of West 20th Street (66 feet wide) Vacated by the Council of the City of Clevel by Ordinance Number 1390-60 on June 20, 1960; thence Southerly along the Westerly line of said vacated West 20th Street 10 feet to a point; thence Easterly at right angles to the last described line 33 feet to the centerline of said vacated West 20th Street; thence Northerly along the centerline of said vacated West 20th Street to the Southerly line of Willey Avenue as aforesaid; thence Northwesterly Westerly along the Southerly line of said Willey Avenue to the place of beginning, Description approved by Greg Esber, Section Chief, Plats, Surveys House Number Section, Division of Engineering & Construction which in its entirety is a property having special character or special historical or aesthetic value as part of the development, heritage, or cultural characteristics of the City, State, or the United States, is designated a lmark under Chapter 161 of the Codified Ordinances of Clevel, Ohio, 1976. Section 2. That this ordinance is declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it Referred to Directors of City Planning Commission, Finance, Law; Committees on City Planning, Finance. Ord. No. 560-10. By Council Members Brancatelli Sweeney (by departmental request). An emergency ordinance appropriating Community Development Block Grant funds for anti-predatory lending foreclosure prevention assistance, financial literacy programs, administrative costs to implement the programs; authorizing the Directors of Consumer Affairs Community Development to enter into one or more contracts with various entities to provide assistance to City residents. Section 1. That CDBG Federal Home Grant funds in the amount of $300,000 are appropriated for antipredatory lending foreclosure prevention assistance, financial literacy programs, administrative costs to implement the programs. Section 2. That the Director of Consumer Affairs Director of Community Development are authorized to enter into one or more contracts with various organizations to provide counseling, training, marketing, program evaluation other services required for antipredatory lending foreclosure prevention assistance financial literacy to expend funds for administrative costs to implement the programs. Section 3. That the aggregate cost of the contracts administrative costs shall not exceed $300,000 shall be paid from Fund 14 SF 036, Request No. RQS 8006 RL 2010-94. Section 4. That prior to expending funds under this ordinance, the Directors of Consumer Affairs Community Development shall enter into a memorum of understing for this program. Section 5. That this ordinance is declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it Referred to Directors of Community Development, Consumer Affairs, Finance, Law; Committees on Community Economic Development, Finance. FIRST READING ORDINANCE REFERRED Ord. No. 559-10. By Council Member Zone. An ordinance To change the Use District of l on the east side of West 65th Street north of Detroit Avenue from Two Family Residential to Local Retail Business. (Map Change No. 2302; Sheet No. 1). Section 1. That the Use District of ls bounded described as follows: Beginning in the centerline of West 65th Street at its intersection with the centerline of Detroit Avenue; Thence northerly along said centerline of West 65th Street to its intersection with the westerly prolongation of the southerly line of Sublot No. 3 in Jacob Perkin s Subdivision shown on the recorded plat in Volume 25, Page 19 of Cuyahoga County Map Records; Thence easterly along said westerly prolongation of said southerly line to its intersection with the easterly line thereof; Thence northerly along said easterly line to its intersection with the southerly line of Sublot No. 4 in the aforementioned Jacob Perkin s Subdivision; Thence easterly along said southerly line to its intersection with the easterly line thereof; Thence northerly along said easterly line of Sublot No. 4 along its northerly prolongation to its intersection with the southerly line of Sublot No. 7 in the aforementioned Jacob Perkin s Subdivision; Thence westerly along said southerly line along its westerly prolongation to its intersection with the centerline of West 65th Street; Thence southerly along said centerline of West 65th Street to its intersection with the centerline of Detroit Avenue the principal place of beginning, as shaded on the attached map is changed to Local Retail Business. Section 2. That the changed designation of ls described in Section 1 shall be identified as Map Change No. 2302, Sheet No. 1 shall be made upon the Building Zone Maps of the City of Clevel on file in the office 573
10 The City Record April 28, 2010 of the Clerk of Council on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance allowed by law. Referred to Directors of City Planning Commission, Law; Committee on City Planning. FIRST READING EMERGENCY ORDINANCES READ IN FULL AND PASSED Ord. No. 561-10. By Council Member Mitchell. the issuance of a Temporary Sidewalk Occupancy Permit to Albert Rollins, Jr. to engage in peddling at 10505 Union Avenue. Whereas, pursuant to Section 675.07 of the Codified Ordinances of Clevel, Ohio, 1976, (the Codified Ordinances ) the consent of Council expressed by ordinance is a prerequisite to peddling upon public rights of way outside of the Central Business District; Whereas, this Council has considered the request of Rollins, Jr. to engage in peddling outside of the Central Business District, has determined that it is in the public interest to allow Albert Rollins, Jr. to peddle in Ward 6; Section 1. That this Council consents, as required by, Section 675.07 of the Codified Ordinances to allow Albert Rollins, Jr. to engage in mobile peddling in the public rights of way of Ward 6 at 10505 Union Avenue. Section 2. That all of the requirements of Chapter 675 of the Codified Ordinances shall apply to the persons named in Section 1 of this ordinance. Section 3. That the privilege granted may be revoked at any time by this Council. Section 4. That this ordinance is declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all 574 the members elected to Council, it approval by the Mayor; otherwise, it Motion to suspend rules, Charter, statutory provisions place on final passage. The rules were suspended. Yeas 18. Nays 0. Read second time. Read third time in full. Passed. Yeas 18. Nays 0. Ord. No. 562-10. By Council Member Sweeney. the Clerk of Council to enter into an agreement with Saint Martin De Porres High School Work Study Program to participate as a sponsor of students for work/study positions with Clevel City Council. an emergency measure provid-