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

December the Third, Two Thousand and Three

Jane L. Campbell Containing PAGE Mayor City Council 3 Frank G. Jackson The Calendar 12 President of Council Board of Control 13 Civil Service 15 Valarie J. McCall Board of Zoning Appeals16 City Clerk, Clerk of Council Board of Building Standards and Building Appeals16 Ward Name Public Notice 16 1 Joseph T. Jones 2 Robert J. White Public Hearings17 3 Zachary Reed City of Cleveland Bids17 4 Kenneth L. Johnson Adopted Resolutions 5 Frank G. Jackson and Ordinances18 6 Patricia J. Britt Committee Meetings35 7 Fannie M. Lewis Index 36 8 Sabra Pierce Scott 9 Kevin Conwell 10 Roosevelt Coats PRESORTED STANDARD 11 Michael D. Polensek U. S. POSTAGE PAID 12 Edward W. Rybka CLEVELAND, OHIO

13 Joe Cimperman Permit No. 1372 14 Nelson Cintron, Jr. 15 Merle R. Gordon 16 Michael C. O’Malley 17 Matthew Zone 18 Jay Westbrook 19 Dona Brady 20 Martin J. Sweeney 21 Michael A. Dolan DIRECTORY OF CITY OFFICIALS

CITY COUNCIL – LEGISLATIVE DEPT. OF COMMUNITY DEVELOPMENT – Linda M. Hudecek, Director, 3rd Floor, City Hall President of Council – Frank G. Jackson DIVISIONS: Administrative Services – Terrence Ross, Commissioner Neighborhood Services – Louise V. Jackson, Commissioner Ward Name Residence Neighborhood Development – Joseph A. Sidoti, Commissioner 1 Joseph T. Jones...... 4691 East 177th Street 44128 2 Robert J. White ...... 3760 East 126th Street 44105 DEPT. OF BUILDING AND HOUSING – James G. Williams, Director, Room 500 3 Zachary Reed ...... 3734 East 149th Street 44120 DIVISIONS: Code Enforcement – Tyrone L. Johnson, Commissioner 4 Kenneth L. Johnson...... 2948 Hampton Road 44120 Construction Permitting – Timothy R. Wolosz, Commissioner 5 Frank G. Jackson...... 2327 East 38th Street 44115 DEPT. OF PERSONNEL AND HUMAN RESOURCES – Gina Routen, Director, Room 121 6 Patricia J. Britt...... 12402 Britton Drive 44120 7 Fannie M. Lewis...... 7416 Star Avenue 44103 DEPT. OF ECONOMIC DEVELOPMENT – Steven Sims, Director, Room 210 8 Sabra Pierce Scott ...... 9212 Kempton Avenue 44108 DEPT. OF AGING – Jane E. Fumich, Director, Room 122 9 Kevin Conwell ...... 774 East 131st Street 44108 10 Roosevelt Coats...... 1775 Cliffview Road 44112 DEPT. OF CONSUMER AFFAIRS – Kenya Taylor, Director 11 Michael D. Polensek...... 17855 Brian Avenue 44119 12 Edward W. Rybka ...... 6832 Indiana Avenue 44105 COMMUNITY RELATIONS BOARD – Room 11, Jeffrey D. Johnson, Director; Mayor Jane 13 Joe Cimperman...... 3053 West 12th Street 44113 L. Campbell, Chairman Ex-Officio; Rev. Charles Lucas, Jr., Vice-Chairman; Councilman 14 Nelson Cintron, Jr...... 3004 Vega Avenue 44113 Kevin Conwell, Councilman Matthew Zone, City Council Representatives; Charles L. 15 Merle R. Gordon ...... 1700 Denison Avenue 44109 Patton, Jr., Paula Castleberry, Emmett Saunders, John Banno, Kathryn M. Hall, Evangeline 16 Michael C. O’Malley ...... 6710 Brookside Drive 44144 Hardaway, Janet Jankura, Gia Hoa Ryan, Rev. Jesse Harris, Magda Gomez, Fred J. 17 Matthew Zone...... 1228 West 69th Street 44102 Livingstone, Margot James Copeland. 18 Jay Westbrook ...... 1278 West 103rd Street 44102 CIVIL SERVICE COMMISSION – Room 119, Reynaldo Galindo, President; Rev. Earl 19 Dona Brady...... 3466 Bosworth Road 44111 Preston, Vice President; Jonalyn M. Krupka, Secretary; Members: Diane M. Downing, 20 Martin J. Sweeney...... 3632 West 133rd Street 44111 William Morrison. 21 Michael A. Dolan ...... 16519 West Park Road 44111 City Clerk, Clerk of Council – Valarie J. McCall, 216 City Hall, 664–2840 SINKING FUND COMMISSION – Jane L. Campbell, President; Council President Frank First Assistant Clerk – Sandra Franklin G. Jackson; Betsy Hruby, Asst. Sec’y.; Robert H. Baker, Director. MAYOR – Jane L. Campbell BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; Debra M. Janik, Chief of Staff Margreat Hopkins, Ozell Dobbins, Joan Shaver Washington, Christopher Carmody, David M. McGuirk, Executive Assistant Eugene Cranford, Jr., Secretary. Timothy Mueller, Executive Assistant BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F. Denk, Craig Tame, Executive Assistant Chairman; James Williams, Arthur Saunders, Alternate Members – D. Cox, P. Frank, E. Henry Guzman, Director, Office of Equal Opportunity P. O’Brien, Richard Pace, J.S. Sullivan. Margreat A. Jackson, Legislative Affairs Liaison Erik Janas, Inter-Governmental Affairs Officer BOARD OF REVISION OF ASSESSMENTS – Law Director Subodh Chandra, President; Lorna Wisham, Chief Public Affairs Officer Finance Director Robert H. Baker, Secretary; Council President Frank G. Jackson. DEPT. OF LAW – Subodh Chandra, Director, Galen L. Schuerlein, Acting Chief Counsel, Rm. 106 BOARD OF SIDEWALK APPEALS – Service Director Mark Ricchiuto; Law Director Karen E. Martines, Law Librarian, Room 100 Subodh Chandra; Councilman Martin J. Sweeney. DEPT. OF FINANCE – Robert H. Baker, Director, Room 104; BOARD OF REVIEW – (Municipal Income Tax) – Law Director Subodh Chandra; Utilities Frank Badalamenti, Manager, Internal Audit Director Michael G. Konicek; Council President Frank G. Jackson. DIVISIONS: Accounts – Alan Schneider, Commissioner, Room 19 CITY PLANNING COMMISSION – Room 501 – Christopher S. Ronayne, Director; Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 Anthony J. Coyne, Chairman; David Bowen, Lillian W. Burke, Lawrence A. Lumpkin, City Treasury – Algeron Walker, Treasurer, Room 115 Gloria Jean Pinkney, Rev. Sam Edward Small, Councilman Joseph Cimperman. Financial Reporting and Control – James Gentile, Controller, Room 18 Information Technology and Services – James S. Higgins, Commissioner, 1404 East 9th Street FAIR EMPLOYMENT WAGE BOARD – Room 210 – Gerald Meyer, Chair; Angela Caldwell, Purchases and Supplies – Myrna Branche, Commissioner, Room 128 Vice Chair; Patrick Gallagher, Kathryn Jackson, Draydean McCaleb,Council Member Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue Nelson Cintron, Ed Romero. Taxation – Nassim Lynch, Tax Administrator, 1701 Lakeside Avenue HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie DEPT. OF PUBLIC UTILITIES – Michael G. Konicek, Director, 1201 Lakeside Avenue Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia DIVISIONS – 1201 Lakeside Avenue Nolan, David Perkowski, Joan Shaver Washington, Keith Sutton, Council Member Merle Cleveland Public Power – James F. Majer, Commissioner Gordon. Street Lighting Bureau – ______, Acting Chief FAIR HOUSING BOARD – Charles See, Chair; Cindy Barber, Vice Chair; Michael Doud, Utilities Fiscal Control – Dennis Nichols, Commissioner Doris Honsa, Richard Lenard. Water – Julius Ciaccia, Jr., Commissioner Water Pollution Control – Darnell Brown, Commissioner CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chairman; Clint Martin, Mark Rivera. DEPT. OF PORT CONTROL – John C. Mok, Director Cleveland Hopkins International Airport, 5300 Riverside Drive MORAL CLAIMS COMMISSION – Law Director Subodh Chandra; Chairman; Finance Burke Lakefront Airport – Khalid Bahhur, Commissioner Director Robert H. Baker; Council President Frank G. Jackson; Councilman Dona Brady; Cleveland Hopkins International Airport – Fred Szabo, Commissioner Councilman Martin J. Sweeney. DEPT. OF PUBLIC SERVICE – Mark Ricchiuto, Director, Room 113 BOARD OF EXAMINERS OF ELECTRICIANS – Samuel Montfort, Chairman; Donald DIVISIONS: Architecture – Kurt Weibusch, Commissioner, Room 517 Baulknilght, Anton J. Eichmuller, J. Gilbert Steele, Raymond Ossovicki, Chief Electrical Engineering and Construction – Randall E. DeVaul, Commissioner, Room 518 Inspector; Laszlo V. Kemes, Secretary to the Board. Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard Yards BOARD OF EXAMINERS OF PLUMBERS – Joseph Gyorky, Chairman; Earl S. Bumgarner, Streets – Randell T. Scott, Commissioner, Room 25 Alfred Fowler, Jozef Valencik, Lawrence Skule, Chief Plumbing Inspector; Laszlo V. Traffic Engineering – Robert Mavec, Commissioner, 4150 East 49th Street, Building #1 Kemes, Secretary to the Board. Waste Collection and Disposal – Ron Owens, Commissioner, 5600 Carnegie Avenue CLEVELAND LANDMARKS COMMISSION – Room 519 – Paul Volpe, Chair; Ted Sande, DEPT. OF PUBLIC HEALTH – Matthew Carroll, Acting Director, Mural Building, 1925 St. Clair Ave. Vice Chair; James Gibans, India Pierce Lee, Robert Madison, Randall B. Shorr, Chris DIVISIONS: Air Quality – Commissioner Ronayne, N. Kurt Wiebusch, Council Member Joe Cimperman, Dwayne J. Simpson; Robert Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd. Keiser, Secretary. Environment – Willie Bess, Acting Commissioner, Mural Building, 1925 St. Clair Ave. Health – Dr. Wendy Johnson, Acting Commissioner, Mural Building, 1925 St. Clair Ave. CLEVELAND MUNICIPAL COURT JUSTICE CENTER – 1200 ONTARIO STREET DEPT. OF PUBLIC SAFETY – James A. Draper, Director, Room 230 JUDGE COURTROOM ASSIGNMENTS DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th Street Judge Courtroom Emergency Medical Service – Edward Eckart, Commissioner, 1708 South Pointe Drive Presiding and Administrative Judge Larry A. Jones 13C Fire – Kevin G. Gerrity, Chief, 1645 Superior Avenue Judge Ronald B. Adrine 15A Police – Edward F. Lohn, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street Judge C. Ellen Connally 15C DEPT. OF PARKS, RECREATION & PROPERTIES – Natalie A. Ronayne, Director Judge Sean C. Gallagher 12C Cleveland Convention Center, Clubroom A, 1220 East 6th Street Judge Emanuella Groves 12B DIVISIONS: Convention Center & Stadium – James Glending, Commissioner Judge Mabel M. Jasper 14D Public Auditorium, East 6th Street and Lakeside Avenue Judge Kathleen Ann Keough 13D Parking Facilities – Dennis Donahue, Commissioner Judge Mary E. Kilbane 14C Public Auditorium, East 6th Street and Lakeside Avenue Judge Ralph J. Perk, Jr. 14B Park Maintenance and Properties – Richard L. Silva, Commissioner Judge Raymond L. Pianka (Housing Court Judge) 13B Public Auditorium – East 6th Street and Lakeside Avenue Judge Angela R. Stokes 13A Judge Robert J. Triozzi 14A Property Management – Tom Nagle, Commissioner, East 49th Street & Harvard Judge Joseph J. Zone 12A Recreation – Michael Cox, Commissioner, Room 8 Research, Planning & Development – Mark Fallon, Commissioner, 1501 N. Marginal Road Earle B. Turner – Clerk of Courts, Michael E. Flanagan – Court Administrator, Paul J. Mizerak – Bailiff; Burke Lakefront Airport Kenneth Thomas – Chief Probation Officer, Gregory F. Clifford – Chief Magistrate The City Record

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 90 WEDNESDAY, DECEMBER 3, 2003 No. 4695 CITY COUNCIL MONDAY, DECEMBER 1, 2003

The City Record WEDNESDAY—Alternating MOTION Published weekly under authority On the motion of Council Member of the Charter of the 10:00 A.M.—Aviation & Transporta- tion Committee: Westbrook, Chair- Zone, the reading of the minutes of City of Cleveland man; Sweeney, Vice Chairman; Britt, the last meeting was dispensed with Subscription (by mail) $75.00 a year Dolan, Gordon, Reed, Rybka. and the journal approved. Seconded January 1 to December 31 10:00 A.M. — Public Safety Com- by Council Member Britt. Interim subscriptions prorated mittee: Reed, Chairman; Britt, Vice $6.25 per month FROM DEPARTMENT OF Chairman; Brady, Cimperman, Coats, LIQUOR CONTROL Address all communications to Conwell, Jones, White, Zone. VALARIE J. McCALL File No. 2413-03. WEDNESDAY—Alternating Re: New Application — 01007780445 City Clerk, Clerk of Council — Aldi, Inc., d.b.a. Aldi #34, 10815 216 City Hall 1:30 P.M. — Public Utilities Com- Kinsman Avenue. (Ward 3). Re- mittee: Coats, Chairman; O’Malley, ceived. Vice Chairman; Brady, Cintron, PERMANENT SCHEDULE Jones, Polensek, Sweeney, West- File No. 2414-03. STANDING COMMITTEES brook, Zone. Re: New Application — 01007780325 OF THE COUNCIL 1:30 P.M.—City Planning Commit- — Aldi, Inc., d.b.a. Aldi #4, 18325 Euclid Avenue, unit #3. (Ward 10). 2002-2005 tee: Cimperman, Chairman, Rybka, Vice Chairman, Conwell, Lewis, Received. O’Malley, Scott, Westbrook. MONDAY File No. 2415-03. Re: New Application — 01007780410 9:30 A.M. — Public Parks, Property The following Committees are — Aldi, Inc., d.b.a. Aldi #25, 3787 & Recreation Committee: Johnson, subject to the Call of the Chairman: Pearl Road. (Ward 15). Received. Chairman; White, Vice Chairman; Rules Committee: Jackson, Chair- Cimperman, Dolan, Jones, Rybka, man; O’Malley, Reed, Sweeney, File No. 2416-03. Sweeney. Westbrook. Re: Transfer of Ownership Appli- Personnel and Operations Commit- cation — 7679124 — Salamko, Inc., MONDAY—Alternating tee: Gordon, Chairman; Britt, Cim- d.b.a. Denison Food Mart, 9410 Deni- perman, Coats, Scott. son Avenue. (Ward 18). Received. 11:00 A.M. — Public Service Com- Mayor’s Appointment Committee: mittee: Sweeney, Chairman; Jones, Coats, Chairman; Cintron, Reed, File No. 2417-03. Vice Chairman; Brady, Cimperman, Pierce Scott, Westbrook. Re: Transfer of Ownership and Johnson, O’Malley, Polensek, White, Location Application — 2603140 — F. & S. Satka Enterprises, LLC, d.b.a. Zone. Titanic, 1350 West 3rd Street. (Ward 11:00 A.M. — Employment, Affir- OFFICIAL PROCEEDINGS 13). Received. mative Action & Training Commit- CITY COUNCIL STATEMENT OF WORK tee: Lewis, Chairman; Conwell, Vice ______Chairman; Cintron, Coats, Johnson, ACCEPTED Reed, Polensek. Cleveland, Ohio File No. 2418-03. Monday, December 1, 2003 MONDAY From the Department of Parks, The meeting of the Council was Recreation and Properties — Con- called to order, The President, tract No. 59152, Kowalski Park Site 2:00 P.M. — Finance Committee: Frank G. Jackson, in the Chair. Improvements. Received. Jackson, Chairman; Sweeney, Vice Council Members present: Brady, Chairman; Brady, Britt, Coats, Gor- Britt, Cimperman, Coats, Conwell, CONDOLENCE RESOLUTIONS don, O’Malley, Reed, Scott, West- Jackson, Johnson, Jones, Lewis, brook, White. O’Malley, Polensek, Reed, Rybka, The rules were suspended and the following Resolutions were adopted Sweeney, Westbrook, White and by a rising vote: TUESDAY Zone. Also present were Mayor Jane L. 9:30 A.M. — Community and Econo- Res. No. 2419-03—Evangelist Essie Campbell, Chief of Staff Debra M. Mae Daniels. mic Development Committee: Gor- Janik, and Directors Chandra, don, Chairman; Cimperman, Vice Res. No. 2420-03 — Mary Lillian Konicek, Mok, Draper, N. Ronayne, Brown. Chairman; Cintron, Coats, Jones, Hudecek, Williams, Routen, Fu- Res. No. 2421-03—Paul Scholz. Lewis, Reed, Scott, Zone. mich, Taylor, Sims, C. Ronayne, Johnson and Guzman, Margreat CONGRATULATION RESOLUTIONS TUESDAY—Alternating Jackson, Legislative Affairs Liai- The rules were suspended and the son. 1:00 P.M. — Health & Human Ser- following Resolutions were adopted vices Committee: Britt, Chairman; without objection: Pursuant to Ordinance No. 2926-76, Zone, Vice Chairman; Cintron, Con- prayer was offered by Missionary well, Gordon, Scott, Polensek. Res. No. 2422-03—Judge Ralph J. Denise Boyd, of Solomon’s Temple Perk, Jr. 1:30 P.M. — Legislation Committee: Church of God in Christ, located at Res. No. 2423-03 — Hopewell Mis- White, Chairman; Scott, Vice Chair- 17100 Miles Avenue, Cleveland, Ohio sionary Baptist Church. man; Dolan, Gordon, Johnson, Ryb- 44128 in Ward 1. Pledge of Alle- Res. No. 2424-03—Spc. Yolanda G. ka, Westbrook. giance. Elder. 2711 4 The City Record December 3, 2003

FIRST READING EMERGENCY ORDINANCES REFERRED

Ord. No. 2395-03. By Council Member Jackson (by departmental request. An emergency ordinance authorizing the Director of Finance to pay as Moral Claims the sums opposite the names of the claimants. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Finance is authorized to pay as Moral Claims the sums opposite the names of the following claimants and charged against the fund numbers opposite the names of the claimants: Claimant Claim No. Amount Division Fund

Helen and Mike Frederick 11659 $ 574.00 Park Maintenance 62 SF 001 (Cemeteries)

Grady Walker 11607 $ 250.00 Park Maintenance 01-701205-672000 Dale P. Horn 11619 255.00 Park Maintenance 01-701205-672000 David Gabouky 11622 500.00 Park Maintenance 01-701205-672000 Shirley Dickson 1162538.33 Park Maintenance 01-701205-672000 Shaoshen Dong 11628 369.95Park Maintenance 01-701205-672000 Susan G. Khader 11652 426.60 Park Maintenance 01-701205-672000 Lawrence Doctor, Jr. 11688 500.00 Park Maintenance 01-701205-672000 Rhonda Savage 11703 250.00 Park Maintenance 01-701205-672000 Rachel Williams (Parent) Of Minor Child Devin Williams 11613 $ 50.00 Parks and Recreation 01-700404-672000

Kathryn Troy 11599 $ 250.00 Urban Forestry 01-701204-672000 Annie McCoy 11612 250.00 Urban Forestry 01-701204-672000 Henry Hall 11615440.00 Urban Forestry 01-701204-672000 Barbara E. Avenmarg 11647 130.33 Urban Forestry 01-701204-672000 Judith A. Helkowski 11684 21.45Urban Forestry 01-701204-672000 Peggy Fugate 11685200.00 Urban Forestry 01-701204-672000 Crystal Ballard 11641 $ 500.00 Fire 01-600302-672000

Bobby Hudson 11654 $ 250.00 House of Corrections 01-500302-672000

Linh T. and Laura Do 11548 $ 250.00 Police 01-600202-672000 David A. Kelley 11569 250.00 Police 01-600202-672000 Steven Porath 11577 250.00 Police 01-600202-672000 Gregory Dzurick 11591 250.00 Police 01-600202-672000 David Horton 11610 500.00 Police 01-600202-672000 Joseph M. Johnson 11694 100.00 Police 01-600202-672000 Mary Helen Cimko 11708 250.00 Police 01-600202-672000 Dwayne Davis 11709 706.00 Police 01-600202-672000 Elizabeth Daniels-Horton 11531 $ 20.00 Streets 01-400609-672000

Denise Thomas 11581 $ 20.00 Waste Collection 01-400303-672000 Rita Wilson 11584 9.00 Waste Collection 01-400303-672000 Marcia A. Perry 11589 14.99 Waste Collection 01-400303-672000 Julius Williams 11629 150.00 Waste Collection 01-400303-672000 Veta Taylor 11637 30.00 Waste Collection 01-400303-672000 Nelson Santos 1164530.00 Waste Collection 01-400303-672000 Denise Rivera 11678 500.00 Waste Collection 01-400303-672000 Suzanne Kennedy 11689 25.00 Waste Collection 01-400303-672000 Wayman Lanier 11699 20.00 Waste Collection 01-400303-672000 Loyd Brown 11712 250.00 Waste Collection 01-400303-672000

Rosemary Roberts 11265$ 150.00WPC 54 SF 001 United Properties 11492 540.00 WPC 54 SF 001 Noel Murray 11571 2,000.00 WPC 54 SF 001 James Perzel 11574 189.95 WPC 54 SF 001 Marlene Chinesleski 11576 800.00 WPC 54 SF 001 Barbara and Martin Yanik 11585 195.00 WPC 54 SF 001 Ernest Pickett 11608 275.00 WPC 54 SF 001 Robert McCann 11640 2,000.00 WPC 54 SF 001 Edward A. Morton 11643 195.00 WPC 54 SF 001 Maria Sillitoe 11648 619.00 WPC 54 SF 001 Paul Phillips 11655 2,000.00 WPC 54 SF 001 Barthelmas Brand 11660 625.00 WPC 54 SF 001 Dominic J. LaCavera 11679 267.08 WPC 54 SF 001 Carolyn Brown 11680 500.00 WPC 54 SF 001 Rowena Taylor 11690 975.00 WPC 54 SF 001 Donald J. Kolecky, Sr. 11704 2,000.00 WPC 54 SF 001 Fred Manson 11711 1,770.00 WPC 54 SF 001 Emanuel Leaks 11718 2,000.00 WPC 54 SF 001

Section 2. That the authority of the Director of Finance to pay the amounts in this ordinance is conditioned on a City-approved written acceptance by the claimant of the City’s offer to pay this claim within six months from the effective date of this ordinance. 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. Referred to Directors of Finance, Law; Committee on Finance. 2712 December 3, 2003 The City Record 5

Ord. No. 2396-03. the program as described in the file. Ohio, 1976, for the requirements for By Council Members Britt and The cost of the contracts shall be the period of the grant term of the Jackson (by departmental request). paid from the fund or funds which necessary items of equipment and An emergency ordinance authoriz- are credited the proceeds of the supplies necessary to implement the ing the Director of Public Health to grant accepted under this ordinance. program as described in the file, to enter into one or more contracts Section 5. That this ordinance is be purchased by the Commissioner with the Northeast Ohio African declared to be an emergency mea- of Purchases and Supplies on a unit American Health Network to pro- sure and, provided it receives the basis for the Department of Public vide HIV-prevention education to affirmative vote of two-thirds of all Health. Bids shall be taken in a HIV-positive populations in the City the members elected to Council, it manner that permits an award to be of Cleveland. shall take effect and be in force made for all items as a single con- Whereas, this ordinance consti- immediately upon its passage and tract, or by separate contract for tutes an emergency measure provid- approval by the Mayor; otherwise it each or any combination of the ing for the usual daily operation of shall take effect and be in force items as the Board of Control deter- a municipal department; now, there- from and after the earliest period mines. Alternate bids for a period fore allowed by law. less than the grant term may be Be it ordained by the Council of Referred to Directors of Public taken if desired by the Commis- the City of Cleveland: Health, Finance, Law; Committees on sioner of Purchases and Supplies Section 1. That the Director of Health and Human Services, Finance. until provision is made for the Public Health is authorized to enter requirements for the entire grant into one or more contracts with the Ord. No. 2398-03. term. Northeast Ohio African American By Council Members Britt and Section 7. That the costs of the Health Network to provide HIV-pre- Jackson (by departmental request). contract or contracts shall paid from vention education to HIV-positive An emergency ordinance authoriz- the fund or funds which are credit- populations in the City of Cleveland. ing the Director of Public Health to ed the grant proceeds accepted Section 2. That the contract or apply for and accept a grant from under this ordinance, the revolving contracts shall not exceed $22,400 Ohio Department of Health for the fund identified in Section 5 of this and shall be paid from Fund No. 01- Women’s Health Services Program; ordinance, and shall also be charged 500501-638000, Request No. 121978. authorizing the director to charge against the proper appropriation Section 3. That this ordinance is and accept fees for this program; accounts. The Director of Finance declared to be an emergency mea- and to enter into one or more con- shall certify the amount of the ini- sure and, provided it receives the tracts to implement the program. tial purchase, which purchase, affirmative vote of two-thirds of all Whereas, this ordinance consti- together with all later purchases, the members elected to Council, it tutes an emergency measure provid- shall be made on order of the Com- shall take effect and be in force ing for the usual daily operation of missioner of Purchases and Supplies immediately upon its passage and a municipal department; now, there- under a requisition against the con- approval by the Mayor; otherwise it fore, tract or contracts certified by the shall take effect and be in force Be it ordained by the Council of Director of Finance. from and after the earliest period the City of Cleveland: Section 8. That this ordinance is allowed by law. Section 1. That the Director of declared to be an emergency mea- Referred to Directors of Public Public Health is authorized to apply sure and, provided it receives the Heath, Finance, Law; Committees on for and accept a grant in the affirmative vote of two-thirds of all Heath and Human Services, Finance. approximate amount of $150,000 and the members elected to Council, it any other funds that may become shall take effect and be in force Ord. No. 2397-03. available during the grant term, immediately upon its passage and By Council Members Britt and from Ohio Department of Health to approval by the Mayor; otherwise it Jackson (by departmental request). conduct the Women’s Health Ser- shall take effect and be in force An emergency ordinance authoriz- vices Program; that the Director is from and after the earliest period ing the Director of Public Health to authorized to file all papers and allowed by law. apply for and accept a grant from execute all documents necessary to Referred to Directors of Public Kaiser Permanente of Ohio for the receive the funds under the grant; Health, Finance, Law; Committees Worksite Wellness, Steps to a and that the funds are appropriated on Health and Human Services, Healthier Cleveland Program; and for the purposes set forth in the Finance. to enter into one or more agree- summary for the grant contained in ments with various agencies to the file described below. Ord. No. 2399-03. implement the program. Section 2. That the summary for By Council Members Britt and Whereas, this ordinance consti- the grant, File No. 2398-03-A, made a Jackson (by departmental request). tutes an emergency measure provid- part of this ordinance as if fully re- An emergency ordinance authoriz- ing for the usual daily operation of written, is approved in all respects. ing the Director of Public Health to a municipal department; now, there- Section 3. That the Director of lease space at the Mural Building, fore, Public Health shall have the author- located at 1925 St. Clair Avenue, and Be it ordained by the Council of ity to extend the term of the grant associated parking lots, from Mural the City of Cleveland: during the grant term. Properties Company, or its designee, Section 1. That the Director of Section 4. That the Director of for the purpose of providing office Public Health is authorized to apply Public Health is authorized to enter and administrative space for the for and accept a grant in the into one or more contracts with the Department of Public Health, for a approximate amount of $40,000 and following entities necessary to period up to two years. any other funds that may become implement the program as described Whereas, the City of Cleveland available during the grant term, in the file: the Cuyahoga County requires certain space located in the from Kaiser Permanente of Ohio to Board of Health, the Federation for Mural Building, 1925 St. Clair Ave- conduct the Worksite Wellness, Community Planning, Case Western nue, and associated parking lots, for Steps to a Healthier Cleveland Pro- Reserve University, MetroHealth the public purpose of providing gram; that the Director is autho- Medical Center, and other safety-net office and administrative space for rized to file all papers and execute health providers, including but not the Department of Public Health; all documents necessary to receive limited to, the Federally Qualified and the funds under the grant; and that Health Center, and the Northeast Whereas, this ordinance consti- the funds are appropriated for the Ohio Neighborhood Services, Inc. tutes an emergency measure provid- purposes set forth in the summary Section 5. That the Director of ing for the usual daily operation of for the grant contained in the file Public Health is authorized to a municipal department; now, there- described below. charge and accept fees from partic- fore, Section 2. That the summary for ipants of this program and to Be it ordained by the Council of the grant, File No. 2397-03-A, made a deposit those fees into a revolving the City of Cleveland: part of this ordinance as if fully fund which will be used to purchase Section 1. That notwithstanding rewritten, is approved in all respects. materials and supplies necessary to and as an exception to the provi- Section 3. That the Director of implement the program described in sions of Chapters 181 and 183 of the Public Health shall have the author- the file, and the funds are appro- Codified Ordinances of Cleveland, ity to extend the term of the grant priated for that purpose. Ohio, 1976, the Director of Public during the grant term. Section 6. That the Director of Health is authorized to lease from Section 4. That the Director of Public Health is authorized to make Mural Properties Company, or its de- Public Health is authorized to enter one or more written requirement signee, approximately 26,000 square into one or more contracts with var- contracts under the Charter and the feet of space located on two stories ious entities necessary to implement Codified Ordinances of Cleveland, and in the basement of the Mural 2713 6 The City Record December 3, 2003

Building, 1925 St. Clair, and two (2) Section 1. That pursuant to Sec- Whereas, this ordinance consti- surrounding parking lots. tion 183.021 of the Codified Ordi- tutes an emergency measure provid- Section 2. That the term of the nances of Cleveland, Ohio, 1976, the ing for the usual daily operation of lease shall be for a period up to two Commissioner of Purchases and Sup- a municipal department; now, there- years, commencing January 1, 2004, plies is hereby authorized to sell fore, cancelable on thirty days written Permanent Parcel No. 118-28-032, as Be it ordained by the Council of notice by the Director of Public more fully described below, to the City of Cleveland: Health. Burten, Bell, Carr Development, Inc. Section 1. That the Director of Section 3. That in consideration Section 2. That the real property Community Development is autho- for the leasing of the premises to be sold pursuant to this ordinance rized to make one or more written described above by Lessor, Lessee is more fully described as follows: contracts under the Charter and the covenants and agrees to pay to Codified Ordinances of Cleveland, Lessor as rent for the premises dur- P. P. No. 118-28-032 Ohio, 1976, for each or all of the fol- ing the period of this lease the sum Situated in the City of Cleveland, lowing items: computer hardware, of $18,200 per month, due and County of Cuyahoga and State of appurtenances, and furniture, to be payable on the first day of each Ohio, and known as being the purchased by the Commissioner of month. Northerly 39 feet of Sublot No. 235 Purchases and Supplies on a unit Section 4. That the lease may in W.S. Chamberlain’s Allotment of basis, for Department of Community authorize the City to make improve- part of Original One Hundred Acre Development. ments to the leased premises under Lot No. 334, as shown by the record- Section 2. That the cost of the con- terms to be determined by the par- ed plat of said Allotment in Volume tract or contracts authorized shall ties consistent with the public pur- 6 of Maps, Page 14 of Cuyahoga be paid from Fund Nos. 11 SF 006 pose of providing office and admin- County Records. Said part of Sublot and 14 SF 029, and shall be award- istrative space to the Department of No. 235 has a frontage of 39 feet on ed no later than December 31, 2004. Public Health. the Westerly side of East 59th Street (Request No. 125749) Section 5. That the lease may pro- (formerly First Avenue) and ex- Section 3. That this ordinance is vide for the City’s payment of appro- tends back between parallel lines declared to be an emergency mea- priate utility and other operating 150 feet, as appears by said plat, be sure and, provided it receives the costs of the leased premises. the same more or less, but subject affirmative vote of two-thirds of all Section 6. That the costs of the to all legal highways. the members elected to Council, it shall take effect and be in force lease shall be paid from the fund or Also subject to all zoning ordi- immediately upon its passage and funds appropriated for this purpose, nances, if any. approval by the Mayor; otherwise it Request No. 143220. Section 3. That all documents nec- Section 7. shall take effect and be in force That the lease shall be essary to complete the conveyance from and after the earliest period prepared by the Director of Law and authorized by this ordinance shall shall contain terms and conditions allowed by law. be executed within six (6) months that the Director of Law deems nec- Referred to Directors of Commu- of the effective date of this ordi- essary to protect and benefit the nity Development, Finance, Law; nance. If all of the documents are public interest. Committees on Community and Eco- not executed within six (6) months Section 8. That the Director of nomic Development, Finance. of the effective date of this ordi- Public Health, the Director of Law, nance, or such additional time as and other appropriate City officials, Ord. No. 2402-03. are authorized to execute other doc- may be granted by the Director of By Council Members Gordon and uments and certificates, and take Community Development, this ordi- Jackson (by departmental request). other actions necessary or appropri- nance shall be repealed and shall be An emergency ordinance authoriz- ate to effect the lease authorized by of no further force or effect. ing the Director of Community this ordinance. Section 4. That the consideration Development to employ one or more Section 9. That this ordinance is for the subject parcel shall be estab- professional consultants to design a declared to be an emergency mea- lished by the Board of Control and software upgrade for Phase 3 of the sure and, provided it receives the shall be not less than Fair Market HUD data geocoding project. affirmative vote of two-thirds of all Value taking into account such Whereas, this ordinance consti- the members elected to Council, it terms and conditions, restrictions tutes an emergency measure provid- shall take effect and be in force and covenants as are deemed nec- ing for the usual daily operation of immediately upon its passage and essary or appropriate. a municipal department; now, there- approval by the Mayor; otherwise it Section 5. That the conveyance fore, shall take effect and be in force authorized hereby shall be made by Be it ordained by the Council of from and after the earliest period official deed prepared by the Direc- the City of Cleveland: allowed by law. tor of Law and executed by the Section 1. That the Director of Referred to Directors of Public Mayor on behalf of the City of Community Development is autho- Health, Finance, Law; Committees Cleveland. The deed shall contain rized to employ by contract or con- on Health and Human Services, such provisions as may be necessary tracts one or more consultants or Finance. to protect and benefit the public one or more firms of consultants for interest including such restrictive the purpose of supplementing the Ord. No. 2400-03. covenants and reversionary inter- regularly employed staff of the sev- By Council Member Jackson. ests as may be specified by the eral departments of the City of An emergency ordinance authoriz- Board of Control, the Director of Cleveland in order to provide pro- ing the sale of real property as part Community Development or the fessional services necessary to de- of the Land Reutilization Program Director of Law. sign a software upgrade for Phase and located on East 70th Street to Section 6. That this ordinance is 3 of the HUD data geocoding pro- Burten, Bell, Carr Development, Inc. hereby declared to be an emergency ject. Whereas, the City of Cleveland measure and, provided it receives The selection of the consultants has elected to adopt and implement the affirmative vote of two-thirds of for the services shall be made by the procedures under Chapter 5722 all the members elected to Council, the Board of Control on the nomi- of the Ohio Revised Code to facili- it shall take effect and be in force nation of the Director of Communi- tate reutilization of nonproductive immediately upon its passage and ty Development from a list of qual- lands situated within the City of approval by the Mayor; otherwise it ified consultants available for em- Cleveland; and shall take effect and be in force ployment as may be determined Whereas, real property acquired from and after the earliest period after a full and complete canvass by under the City’s Land Reutilization allowed by law. the Director of Community Develop- Program is acquired, held, adminis- Referred to Directors of Commu- ment for the purpose of compiling a tered and disposed of by the City of nity Development, City Planning list. The compensation to be paid for Cleveland through its Department of Commission, Finance, Law; Com- the services shall be fixed by the Community Development under the mittees on Community and Eco- Board of Control. The contract or terms of Chapter 5722 of the Ohio nomic Development, Finance. contracts authorized shall be pre- Revised Code and Section 183.021 of pared by the Director of Law, ap- Codified Ordinances of the City of Ord. No. 2401-03. proved by the Director of Communi- Cleveland, 1976; and By Council Members Gordon and ty Development, and certified by the Whereas, this ordinance consti- Jackson (by departmental request). Director of Finance. tutes an emergency measure provid- An emergency ordinance authoriz- Section 2. That the cost of the con- ing for the usual daily operation of ing the purchase by one or more tract or contracts shall be paid from a municipal department; now, there- contracts of computer hardware, ap- Fund Nos. 11 SF 006 and 14 SF 029, fore, purtenances, and furniture, for the Request No. 125749. Be it ordained by the Council of Department of Community Develop- Section 3. That this ordinance is the City of Cleveland: ment. declared to be an emergency mea- 2714 December 3, 2003 The City Record 7 sure and, provided it receives the Whereas, runoff may contain high March 2003, which was developed as affirmative vote of two-thirds of all levels of contaminants, such as sed- a requirement for coverage under the members elected to Council, it iment, suspended solids, nutrients, the Ohio Environmental Protection shall take effect and be in force heavy metals, pathogens, toxins, Agency General Permit Number immediately upon its passage and oxygen-demanding substances, and “OHQ000001”, entitled “Authorization approval by the Mayor; otherwise it floatables; and For Small Municipal Separate Storm shall take effect and be in force Whereas, if unregulated, storm Water Systems to Discharge Storm from and after the earliest period water runoff carries these pollutants Water Under the National Pollutant allowed by law. into nearby streams, rivers, lakes, Discharge Elimination System” in Referred to Directors of Commu- estuaries, and wetlands; and effect at the time a permit is nity Development, Finance, Law; Whereas, individually and com- applied for under this Chapter. This Committees on Community and Eco- bined, these pollutants impair water program, with accompanying appen- nomic Development, Finance. quality, threatening designated ben- dices, and any revisions, is adopted eficial uses and causing habitat by reference and declared to be a Ord. No. 2403-03. alteration and destruction; and part of this Chapter. The program By Council Members Gordon and Whereas, through rules adopted is on file with the City of Cleveland Jackson (by departmental request). under the provisions of the Federal Public Administration Library, 601 An emergency ordinance authoriz- Water Pollution Control Act, as Lakeside Ave., Cleveland, Ohio ing the Directors of Community amended (33 U.S.C. 1251 et. seq.) and 44114. Development and Consumer Affairs the Ohio Water Pollution Control (b) Conflict with Other Regula- to amend Contract No. 60422 with Act (Ohio Revised Code Chapter tions. This chapter is intended to Housing Advocates, Inc. to provide 6111), the United States Environ- be supplemental to any city regula- additional anti-predatory counseling mental Protection Agency and the tion, or policy governing the devel- services to City residents. Ohio Environmental Protection opment of land, the removal of soil Whereas, under Ordinance No. Agency have mandated that the City or other land-disturbing activity. 1576-02, passed August 14, 2002, the adopt ordinances controlling runoff The most restrictive standards Directors of Community Develop- from construction activities; and, imposed by any city ordinance, reg- ment and Consumer Affairs entered Whereas, this ordinance consti- ulation, or policy shall apply. into Contract No. 60422 with Hous- tutes an emergency measure provid- ing Advocates, Inc. to provide anti- ing for the usual daily operation of Section 3116.03 Permit Required predatory counseling services to a municipal department; now, there- It shall be unlawful for any per- City residents; and fore son to undertake any land-disturb- Whereas, additional services are Be it ordained by the Council of ing activity without first obtaining desired; and the City of Cleveland: a permit from the Director. Whereas, this ordinance consti- Section 1. That the Codified Ordi- tutes an emergency measure provid- nances of Cleveland, Ohio, 1976, are Section 3116.04 Permit Application; ing for the usual daily operation of supplemented by enacting new Sec- Fee a municipal department; now, there- tions 3116.01, 3116.02, 3116.03, 3116.04, (a) The Director may charge a fore, 3116.05, 3116.06, 3116.07, 3116.08, permit application fee as established Be it ordained by the Council of 3116.09, 3116.10, 3116.11, and 3116.12 from time to time by the Board of the City of Cleveland: to read as follows: Control. Section 1. That the Directors of (b) Any person desiring a permit Community Development and Con- CHAPTER 3116 required by this chapter shall file sumer Affairs are authorized to Construction and an application with the Director. amend Contract No. 60422 with Hous- Post-Construction Site Runoff The application shall consist of: ing Advocates, Inc. to provide addi- Control to Municipal Separate (1) Proof of the payment of the tional anti-predatory counseling ser- Storm Sewer System permit application fee; vices to City residents and to in- (2) Two (2) or more copies of the crease the amount of the contract by Section 3116.01 Definitions storm water pollution prevention $50,000. The increase shall be paid The definitions contained in Ohio plan; and from Fund No. 14 SF 029, Request Environmental Protection Agency (3) Two (2) copies of a complet- No. 125753. General Permit Number “OHC000002”, ed Notice of Intent, both prepared Section 2. That this ordinance is entitled “Authorization For Storm under the Ohio Environmental Pro- declared to be an emergency mea- Water Discharges Associated With tection Agency General Permit Num- sure and, provided it receives the affirmative vote of two-thirds of all Construction Activity Under the ber “OHC000002”, entitled “Autho- the members elected to Council, it National Pollutant Discharge Elimi- rization For Storm Water Dis- shall take effect and be in force nation System” in effect at the time charges Associated With Construc- immediately upon its passage and a permit is applied for under this tion Activity Under the National Pol- approval by the Mayor; otherwise it Chapter, shall apply to this Chapter, lutant Discharge Elimination Sys- shall take effect and be in force except for the following: tem”, in effect at the time a permit from and after the earliest period (a) “Applicant” means any person is applied for under this Chapter. allowed by law. requesting the issuance of a con- Referred to Directors of Commu- struction runoff control permit for Section 3116.05 Approval or Disap- nity Development, Consumer Af- land-disturbing activity. proval of Storm Water Pollution Pre- fairs, Finance, Law; Committees on (b) “Director” means the Director vention Plan Community and Economic Develop- of Building and Housing or his (a) The Director shall review ment, Finance. designee. storm water pollution prevention (c) “Land-disturbing activity” plans submitted to him and grant Ord. No. 2404-03. means any land change, including written approval without unreason- By Council Members Gordon, but not limited to clearing, grading, able or unnecessary delay if he White and Jackson (by departmen- excavating, transporting, and filling determines that the plan meets the tal request). of land, which may result in soil requirements prescribed in this An emergency ordinance to sup- erosion from water or wind and the chapter. plement the Codified Ordinances of movement of sediments into the (b) When a plan is determined to Cleveland, Oh, 1976, by enacting new waters or onto adjacent properties. be inadequate, written notice of dis- Sections 3116.01, 3116.02, 3116.03, (d) “Person” means any individ- approval stating the specific rea- 3116.04, 3116.05, 3116.06, 3116.07, ual, partnership, firm, association, sons for disapproval shall be com- 3116.08, 3116.09, 3116.10, 3116.11, and joint venture, public or private cor- municated to the applicant. The 3116.12 relating to construction and poration, trust, estate, commission, notice shall specify the modifica- post-construction site runoff control board, public or private institution, tions, terms and conditions that are to municipal separate storm sewer utility, cooperative, or any other necessary for approval of the plan. system. legal entity. Whereas, storm water runoff from Section 3116.06 Issuance and Term lands modified by human activities Section 3116.02 General Provisions of Permit; Appeal can harm surface water and, in turn, (a) Lands to Which This Chapter (a) The Director shall issue a per- cause or contribute to an ex- Applies. This chapter shall apply to mit certifying approval of the land- ceedance of water quality standards all areas drained by the City of disturbing activity upon: by changing natural hydrologic pat- Cleveland’s municipal separate (1) Approval of the storm water terns, accelerating natural stream storm sewer system. These areas pollution prevention plan; flows, destroying aquatic habitat, have been identified in Appendix H (2) Submission of proof that the and elevating pollutant concentra- of the City of Cleveland’s Storm applicant has received approval tions and loadings; and Water Management Program, dated from the Director of the Ohio Envi- 2715 8 The City Record December 3, 2003 ronmental Protection Agency for Section 3116.11 Waivers order to secure repayment of the coverage as required by the Ohio The Director may waive or modi- loan. Any security instrument shall Environmental Protection Agency fy any of the regulations that are be prepared and approved by the NPDES General Permit OHC000002 deemed inappropriate or too restric- Director of Law. in effect at the time a permit is tive on the applicant’s proof of com- Section 5. That the Director of applied for under this Chapter; and pliance with the waiver conditions Economic Development is autho- (3) The applicant’s compliance contained in the Ohio Environmen- rized to accept monies in repayment with the bond and insurance re- tal Protection Agency General Per- of the loan and to deposit the quirements of Section 3107.16 of mit Number “OHC000002”, entitled monies in Fund No. 17 SF 006. these codified ordinances. “Authorization For Storm Water Dis- Section 6. That the Director of (b) Any denial of a permit under charges Associated With Construc- Economic Development is autho- the provisions of this Chapter may tion Activity Under the National Pol- rized to charge and accept fees in be appealed to the Board of Build- lutant Discharge Elimination Sys- an amount not to exceed the maxi- ing Standards and Building Appeals tem” in effect at the time a permit mum allowable fees under federal as provided in the Charter and in is applied for under this Chapter. regulations and the fees are appro- Section 3103.20. priated to cover costs incurred in Section 3116.12 Severability the preparation of the loan applica- Section 3116.07 Periodic Inspec- If any portion of this chapter, or tion, closing and servicing of the tions of Land-disturbing Activities any section or part of a section shall loan. The fees shall be deposited to The Director may make periodic be declared by a court of competent and expended from Fund No. 17 SF inspections of land-disturbing activ- jurisdiction to be invalid, the decla- 305, Loan Fees Fund. ities to ensure compliance with the ration shall be limited solely to that Section 7. That the Director of approved storm water pollution pre- portion, section, or part of a section Law is authorized to prepare the vention plan and to determine that was directly involved in the contract and other documents that whether the measures required in controversy before the court on are appropriate to complete the the plan are effective in controlling which judgment was rendered and transaction. erosion and sedimentation resulting shall not affect or impair the valid- Section 8. That this ordinance is from the land-disturbing activity. ity of the remainder of the chapter. declared to be an emergency mea- The right of inspection shall be Section 2. That this ordinance is sure and, provided it receives the inherent in the issuance of the per- declared to be an emergency mea- affirmative vote of two-thirds of all mit under this chapter. sure and, provided it receives the the members elected to Council, it affirmative vote of two-thirds of all shall take effect and be in force Section 3116.08 Amendment of the members elected to Council, it immediately upon its passage and Approved Plan shall take effect and be in force approval by the Mayor; otherwise it A storm water pollution preven- immediately upon its passage and shall take effect and be in force tion plan approved under this Chap- approval by the Mayor; otherwise it from and after the earliest period ter may be amended by the Director shall take effect and be in force allowed by law. for the following cases: from and after the earliest period Referred to Directors of Econom- (a) Where inspection has revealed allowed by law. ic Development, Finance, Law; Com- that the plan is inadequate to sat- Referred to Directors of Building mittees on Community and Econom- isfy applicable regulatory provi- and Housing, Finance, Law; Com- ic Development, Finance. sions; or mittees on Community and Eco- (b) Where the person responsible nomic Development, Legislation, Ord. No. 2406-03. for carrying out the approved plan Finance. By Council Members Gordon and finds that because of changed cir- Jackson (by departmental request). cumstances or for other reasons the Ord. No. 2405-03. An emergency ordinance authoriz- approved plan cannot be effectively By Council Members Cimperman, ing the Director of Economic Devel- carried out, if the person proposes Gordon and Jackson (by depart- opment to enter into one or more amendments to the plan consistent mental request). contracts with Deloitte & Touche with the requirements of this chap- An emergency ordinance autho- LLP to provide continuing services ter, and the Director approves the rizing the Director of Economic relating to the Empowerment Zone’s amendments in writing. Development to enter into contract review and analysis. with Loftworks, LLC to provide Whereas, this ordinance consti- Section 3116.09 Final Inspection economic development assistance tutes an emergency measure provid- and Certificate of Completion of to partially finance the interior ing for the usual daily operation of Land-disturbing Activities renovation of a live/work building a municipal department; now, there- (a) Within forty five (45) days of located at 1667 East 40th Street, fore completing all permitted land-dis- and all other associated costs to Be it ordained by the Council of turbing activity, the permittee shall redevelop the property located in notify the Ohio Environmental Pro- the City of Cleveland: Cleveland, Ohio. Section 1. tection Agency and Director by sub- That the Director of mitting a Notice of Termination on Whereas, this ordinance consti- Economic Development is autho- the form provided by the Ohio Envi- tutes an emergency measure provid- rized to enter into one or more con- ronmental Protection Agency. The ing for the usual daily operation of tracts with Deloitte & Touche LLP Director shall make a final inspec- a municipal department; now, there- for professional services necessary tion of the project. On finding sat- fore to provide continuing services relat- isfactory evidence of compliance Be it ordained by the Council of ing to the Empowerment Zone’s with the approved storm water pol- the City of Cleveland: review and analysis, including but lution prevention plan and the Section 1. That the Director of not limited to data integrity, con- achievement of adequate stabiliza- Economic Development is autho- tract review and compliance, risk tion, the commission shall issue a rized to enter into contract with mitigation, and financial model certificate of completion. “Adequate Loftworks, LLC to provide economic training, on the basis of its propos- stabilization” of the site shall be development assistance to partially al dated September 5, 2003, in the determined by the Director. finance the interior renovation of a total sum of $80,000, for the Depart- (b) The permittee, or any person live/work building located at 1667 ment of Economic Development. identified in an approved storm East 40th Street, and all other asso- The contracts or contracts shall be water pollution prevention plan as ciated costs to redevelop the prop- paid from Fund No. 18 SF 008, responsible from the continuing erty located in Cleveland, Ohio. Request No. 123538. obligations for the maintenance of Section 2. That the terms of the Section 2. That this ordinance is post-construction best management loan shall be according to the terms declared to be an emergency mea- practices, shall not be relieved of set forth in the Summary contained sure and, provided it receives the those continuing obligations by the in File No. 2405-03-A. affirmative vote of two-thirds of all issuance of a certificate of comple- Section 3. That the costs of the the members elected to Council, it tion. contract shall not exceed One Hun- shall take effect and be in force dred Thousand Dollars ($100,000), immediately upon its passage and Section 3116.10 Periodic and Final and shall be paid from Fund No. 17 approval by the Mayor; otherwise it Inspection Fees SF 008, which funds are appropriat- shall take effect and be in force The Director is authorized to ed for this purpose, Request No. from and after the earliest period charge fees at the time of a period- 103605. allowed by law. ic or final inspection according to Section 4. That the Director of Referred to Directors of Econom- an inspection fee schedule fixed Economic Development is autho- ic Development, Finance, Law; Com- from time to time by the Board of rized to accept the collateral as set mittees on Community and Eco- Control. forth in the file referenced above in nomic Development, Finance. 2716 December 3, 2003 The City Record 9

FIRST READING ORDINANCE REFERRED

Ord. No. 2407-03. By Council Member Coats. An ordinance to change the zoning of properties south of the Norfolk and Western Rail Right of Way between Octavia Road and Clarkstone Road from a General Industry Use District, a Semi-Industry Use District, and a Multi-Family Residential Use District to a Residence-Industry Use District, and from a “3” Height District to a “2” Height District (Map Change No. 2103, Sheet No. 7) Be it ordained by the Council of the City of Cleveland: Section 1. That the Use and Height Districts of lands described as follows: Beginning on the Centerline of the Norfolk and Western Rail Road Right-of-Way (66 feet wide) at its Inter- section with the Northerly prolongation of the Centerline of Octavia Road (40 feet wide); Thence Northeasterly along said Centerline of said Norfolk and Western Rail Road Right-of-Way to its Inter- section with the Northwesterly prolongation of the Centerline of Clarkstone Road (38 feet wide); Thence Southeasterly along said Northwesterly prolongation and the Centerline of said Clarkstone Road to its Intersection with the Northeasterly prolongation of the Southeasterly line of Sublot No. 13 of the Clara E. Hamby Allotment, recorded in Volume 27, Page 11 of the Cuyahoga County Records; Thence Southwesterly along said Northeasterly prolongation and Southeasterly line of said Sublot No. 13 to its Intersection with the Northeasterly line of Sublot No. 35 of the Kennedy Subdivision, recorded in Volume 40, Page 26 of the Cuyahoga County Records; Thence Southeasterly along said Northeasterly line of said Sublot No. 35 and the Northeasterly line of Sublot No. 36 of said Kennedy Subdivision to the Southeasterly corner of said Sublot No. 36; Thence Southwesterly along the Southeasterly line of said Sublot No. 36 and its Southwesterly prolongation to its Intersection with the Centerline of Urbana Road (46 feet wide); Thence Southeasterly along said Centerline of Urbana Road to its Intersection with the Northeasterly prolon- gation of the Southeasterly line of Sublot No. 12 of the William H. Price, William H. Kennedy and Martha B. Kennedy Subdivision, recorded in Volume 34, Page 14 of the Cuyahoga County Records; Thence Southwesterly along said Northeasterly prolongation and Southeasterly line of said Sublot No. 12 to its Intersection with the Northeasterly line of a parcel of land conveyed to B & P Spring Production Company, by Instrument dated October 23, 1985, A.F.N. V85559570005, and also known as P.P.N. 117-02-032; Thence Southeasterly along said Northeasterly line of said parcel to the Southeasterly corner therein; Thence Southwesterly along the Southeasterly line of said parcel to the Southwesterly corner therein; Thence Northwesterly along the Southwesterly line of said parcel and the Southwesterly line of a parcel of land conveyed to Urbana, Inc. by Instrument dated November 8, 1991, recorded in Volume 17315, Page 18, and also known as P.P.N. 117-02-066 to its Intersection with the Northwesterly line of Sublot No. 18 of the Peerless Realty Company Subdivision, recorded in Volume 35, Page 2 of the Cuyahoga County Records; Thence Southwesterly along the Northwesterly line of said Sublot No. 18 to its Intersection with the Easterly line of Original Euclid Township Lot. No. 43; Thence Southerly along said Easterly line of O.L. No. 43 to the Southeasterly corner of a parcel of land conveyed to GLS Capital Cuyahoga Incorporated by Instrument dated November 14, 2000, A.F.N. 20001114, and also known as P.P.N. 117-02-064; Thence Westerly along the Southerly line of said parcel and its Westerly prolongation to the Centerline of Octavia Road, aforesaid; Thence Northerly along said Centerline of Octavia Road to the place of beginning, and as outlined and shaded on the attached map is changed to a Residence-Industry Use District and a “2” Height District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2103, Sheet No. 7, 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.

Proposed rezoning of properties south of the Norfolk & Western Rail Right-of-Way between Octavia Road and Clarkstone Road from a General Industry Use District, a Semi-Industry Use District, and a Multi-Family Residential Use District to a Residence-Industry Use District, and from a “3” Height District to a “2” Height District (Map Change No. 2103, Sheet No. 7)

Referred to Directors of City Planning Commission, Law; Committee on City Planning. 2717 10 The City Record December 3, 2003

FIRST READING EMERGENCY FIRST READING EMERGENCY The rules were suspended. Yeas ORDINANCE READ IN FULL RESOLUTIONS READ IN FULL 17. Nays 0. Read second time. Read AND PASSED AND ADOPTED third time in full. Adopted. Yeas 17. Nays 0. Ord. No. 2408-03. Res. No. 2409-03. By Council Members Coats and By Council Members Coats, Pierce Res. No. 2410-03. Jackson (by departmental request). Scott, Zone, Westbrook, Lewis, Cim- By Council Member Polensek. An emergency ordinance to amend perman, Sweeney, Conwell, Britt, An emergency resolution with- the title, and Sections 1, 2, and 3 of White, Brady and Jones. drawing objection to the renewal of Ordinance No. 1521-02, passed Octo- An emergency resolution request- a D5 Liquor Permit at 18414-16 St. ber 14, 2002, relating to inspecting ing Cleveland Public Power to Clair Avenue and repealing Resolu- and assessing cycle E water tanks. immediately issue a moratorium on tion No. 1335-03, objecting to said all electric disconnections until Whereas, this ordinance consti- renewal. April 15, 2004 and urging The Illu- tutes an emergency measure provid- Whereas, this Council objected to minating Company and Dominion ing for the usual daily operation of a D5 Liquor Permit to 18414-16 St. East Ohio Gas to adopt a moratori- a municipal department; now, there- Clair Avenue by Resolution No. 1335- um on all electric and gas discon- fore, 03 adopted by the Council on July nections for its customers this win- 16, 2003; and Be it ordained by the Council of ter. Whereas, this Council wishes to the City of Cleveland: Whereas, temperatures have be- withdraw its objection to the above Section 1. That the title, and Sec- gun to fall as Cleveland residents renewal and consents to said re- tions 1, 2, and 3 of Ordinance No. brace for another bitterly cold win- newal based upon and pursuant to 1521-02, passed October 14, 2002, are ter; and a cooperation agreement signed amended to read as follows: Whereas, many residents have November 20, 2003 by and through An emergency ordinance authoriz- been fighting a weak economy and City Council Representative, Michael ing the Director of Public Utilities rising energy costs, while strug- to employ one or more professional gling to pay their utility bills; and D. Polensek and Applicant, Jennifer consultants to inspect and assess Whereas, some families are forced L. Hudy, President of Romito Enter- cycle E water tanks. to choose between paying their util- prises, Inc., 18414-16 St. Clair Ave- Section 1. That the Director of ity bills, buying food for their fam- nue, Cleveland, Ohio 44110, Perma- Public Utilities is authorized to ilies, or seeking medical help; and nent Number 7501515, a copy of employ by contract or contracts one Whereas, no resident, especially which is in the file for this address or more consultants or one or more our children and seniors, should face with the City Law Department and firms of consultants for the purpose this winter without heat or light; Whereas, this resolution consti- of supplementing the regularly em- and tutes an emergency measure provid- ployed staff of the several depart- Whereas, utility companies serv- ing for the usual daily operation of ments of the City of Cleveland in ing Cleveland residents should place a municipal department; now, there- order to provide professional ser- the health, safety, and welfare of fore, vices necessary to inspect and as- their customers above their bottom- Be it resolved by the Council of sess cycle E water tanks. line during our coldest months of the City of Cleveland: Section 1. That objection to a D5 Section 2. The selection of the con- the year; and Liquor Permit to Romito Enterpris- sultants for the services shall be Whereas, this Council requests es, Inc., 18414-16 St. Clair Avenue, made by the Board of Control on the that any residents who have had their utilities disconnected on or Cleveland, Ohio 44110, Permanent nomination of the Director of Public after November 15, 2003 be allowed Number 7501515 be and the same is Utilities from a list of qualified con- to reconnect their service at no cost; hereby withdrawn and Resolution sultants available for employment and any residents whose utilities No. 1335-03, containing such objec- as may be determined after a full were disconnected on November 1, tion, be and the same is hereby and complete canvass by the Direc- 2003 and up to November 15, 2003 be repealed and that this Council con- tor of Public Utilities for the pur- able to reconnect their service for a sents to the immediate renewal pose of compiling a list. The com- minimal fee; and thereof. pensation to be paid for the services Whereas, this resolution consti- Section 2. That this resolution is shall be fixed by the Board of Con- tutes an emergency measure for the hereby declared to be an emergency trol. The contract or contracts autho- immediate preservation of public measure and provided it receives the rized shall be prepared by the Direc- peace, property, health, or safety, affirmative vote of two-thirds of all tor of Law, approved by the Direc- now, therefore, the members elected to Council, it tor of Public Utilities, and certified Be it resolved by the Council of shall take effect and be in force by the Director of Finance. the City of Cleveland: immediately upon its adoption and Section 3. That the cost of the con- Section 1. That this Council approval by the Mayor; otherwise, it tract or contracts authorized shall requests Cleveland Public Power to shall take effect and be in force be paid from Fund Nos. 52 SF 001, immediately issue a moratorium on from and after the earliest period 52 SF 223, 52 SF 225, 52 SF 227, and all electric disconnections until allowed by law. from the fund and subfunds to April 15, 2004 and urges The Illu- Motion to suspend rules. Charter which are credited the proceeds of minating Company and Dominion and statutory provisions and place East Ohio Gas to adopt a moratori- the sale of future waterworks rev- on final adoption. um on all electric and gas discon- enue bonds which are authorized for The rules were suspended. Yeas nections for its customers this win- this purpose, Request No. 132944. 17. Nays 0. Read second time. Read ter. Section 2. That the existing title, third time in full. Adopted. Yeas 17. Section 2. The Clerk is directed to and Sections 1, 2, and 3 of Ordinance Nays 0. No. 1521-02, passed October 14, 2002, transmit copies to the Director of Public Utilities, the Director of are repealed. Res. No. 2411-03. Section 3. That this ordinance is Cleveland Public Power, the Com- missioners for the Public Utilities By Council Member White. declared to be an emergency mea- Commission of Ohio, and represen- An emergency resolution with- sure and, provided it receives the tatives from the Illuminating Com- drawing objection to the transfer of affirmative vote of two-thirds of all pany and Dominion East Ohio Gas. ownership of a C2 and C2X Liquor the members elected to Council, it Section 3. That this resolution is Permit at 11334 Miles Avenue and shall take effect and be in force hereby declared to be an emergency repealing Resolution No. 1565-03, immediately upon its passage and measure and, provided it receives objecting to said transfer. approval by the Mayor; otherwise it the affirmative vote of two-thirds of Whereas, this Council objected to shall take effect and be in force all the members elected to Council, the transfer of ownership of a C2 from and after the earliest period it shall take effect and be in force and C2X Liquor Permit to 11334 allowed by law. immediately upon its adoption and Miles Avenue by Resolution No. Motion to suspend rules. Charter approval by the Mayor; otherwise, it 1565-03 adopted by the Council on and statutory provisions and place shall take effect and be in force August 13, 2003; and on final passage. from and after the earliest period Whereas, this Council wishes to The rules were suspended. Yeas allowed by law. withdraw its objection to the above 17. Nays 0. Read second time. Read Motion to suspend rules. Charter transfer and consents to said trans- third time in full. Passed. Yeas 17. and statutory provisions and place fer based upon and pursuant to a Nays 0. on final adoption. cooperation agreement by and 2718 December 3, 2003 The City Record 11 through City Council Representa- Whereas, the sudden and unan- Ord. No. 1712-03. tive, Robert J. White and Applicant, nounced closing of Deaconess Hos- By Council Member Lewis. Shaban A. Moamar, President of pital is just the latest consequence An emergency ordinance authoriz- Ahmed Mini Market, Inc., DBA of an ineffective health care system ing the sale of real property as part Ahmed Mini Market, 11334 Miles and yet another indication of the of the Land Reutilization Program Avenue, Cleveland, Ohio 44105, Per- failure of our health care system to and located on Hecker Avenue to manent Number 0079613, a copy of meet the needs of the residents of Billy Stuart. which is in the file for this address our city, including the uninsured Approved by Directors of Commu- with the City Law Department; and and the underinsured; and nity Development, City Planning Whereas, this resolution consti- Whereas, it is apparent that the Commission, Finance, Law; Commit- tutes an emergency measure provid- two major hospital systems in this tees on Community and Economic ing for the usual daily operation of city, University Hospitals Health Development, Finance. a municipal department; now, there- System and The Cleveland Clinic The rules were suspended. Yeas 17. Nays 0. Read second time. Read fore, Foundation, monopolize the provi- third time in full. Passed. Yeas 17. Be it resolved by the Council of sion of health care services in Cleve- Nays 0. the City of Cleveland: land to the detriment of community Section 1. That objection to the based hospitals and the people they Ord. No. 1809-03. transfer of a C2 and C2X Liquor Per- serve; and mit to 11334 Miles Avenue be and By Council Members Cimperman, Whereas, it is incumbent upon the White and Jackson (by departmen- the same is hereby withdrawn and Campbell administration to investi- tal request). Resolution No. 1565-03, containing gate these actions to ensure that An emergency ordinance to amend such objection, be and the same is residents of the city continue to Section 343.23 of the Codified Ordi- hereby repealed and that this Coun- receive adequate health care ser- nances of Cleveland, Ohio, 1976, as cil consents to the immediate trans- vices; and enacted by Ordinance No. 1020-01, fer thereof. Whereas, this resolution consti- passed July 18, 2001, relating to Section 2. That this resolution is tutes an emergency measure for the pedestrian retail overlay (PRO) dis- hereby declared to be an emergency immediate preservation of public trict. measure and provided it receives the peace, property, health or safety, Approved by Directors of City affirmative vote of two-thirds of all now, therefore, Planning Commission, Finance, Law; the members elected to Council, it Be it resolved by the Council of Passage recommended by Commit- shall take effect and be in force the City of Cleveland: tees on City Planning, Legislation, immediately upon its adoption and Section 1. That this Council here- Finance; when amended as follows: approval by the Mayor; otherwise, it by urges the Campbell administra- 1. In Section 1, at amended Section shall take effect and be in force tion to investigate the rash of pri- 343.23(j), second line from the end, from and after the earliest period vate hospitals closing in this city, to after “Commission,” insert “or”. allowed by law. investigate possible violations by Amendment agreed to. Motion to suspend rules. Charter such hospitals of Chapter 686 of the The rules were suspended. Yeas and statutory provisions and place Codified Ordinances of the City of 17. Nays 0. Read second time. Read on final adoption. Cleveland, and to investigate possi- third time in full. Passed. Yeas 17. The rules were suspended. Yeas ble antitrust violations by Universi- Nays 0. 17. Nays 0. Read second time. Read ty Hospitals Health System and the In compliance with Section 33 of third time in full. Adopted. Yeas 17. Cleveland Clinic Foundation. the Charter, a copy of the legisla- Nays 0. tion was furnished to each member Section 2. That the Clerk of Coun- of Council before final passage. cil is hereby directed to transmit Res. No. 2412-03. certified copies of this resolution to By Council Members O’Malley, Ord. No. 1931-03. Dr. George Saad, CEO, Deaconess Gordon, Jackson, Rybka, Brady, By Council Members Gordon and Hospital, Floyd Loop, CEO, Cleve- Britt, Cimperman, Cintron, Coats, Jackson (by departmental request). land Clinic, Thomas Zenty, Univer- Conwell, Dolan, Johnson, Jones, An emergency ordinance authoriz- Lewis, Pierce Scott, Polensek, Reed, sity Hospitals Health System. ing the Director of Economic Devel- Section 3. Sweeney, Westbrook, White and That this resolution is opment to apply for and accept a Zone. hereby declared to be an emergency special projects grant from the U.S. An emergency resolution urging measure and, provided it receives Department of Housing and Urban the Campbell administration to the affirmative vote of two-thirds of Development to be used for eco- investigate the rash of private hos- all the members elected to Council, nomic development planning in mat- pitals closing in this city, to inves- it shall take effect and be in force ters relating to brownfields. tigate possible violations by such immediately upon its adoption and Approved by Directors of Eco- hospitals of Chapter 686 of the Cod- approval by the Mayor; otherwise it nomic Development, Finance, Law; ified Ordinances of the City of shall take effect and be in force Passage recommended by Commit- Cleveland, and to investigate possi- from and after the earliest period tees on Community and Economic ble antirust violations by University allowed by law. Development, Finance. Hospitals Health Systems and the Motion to suspend rules. Charter The rules were suspended. Yeas Cleveland Clinic Foundation. and statutory provisions and place 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. Whereas, in September, 2003, St. on final adoption. Nays 0. Michael’s Hospital announced it The rules were suspended. Yeas would stop providing medical ser- 17. Nays 0. Read second time. Read Ord. No. 1934-03. vices on December 19, 2003; and third time in full. Adopted. Yeas 17. By Council Member Cintron. Whereas, this imminent closure Nays 0. An emergency ordinance authoriz- will effect thousands of City resi- ing the sale of real property as part dents, including those most in need SECOND READING EMERGENCY ORDINANCES PASSED of the Land Reutilization Program of health care services; and and located on West 20th Street to Whereas, in recent years, the city Klein-Barrabas LLC. Ord. No. 908-03. of Cleveland has been affected by Approved by Directors of Commu- By Council Member Conwell. the closure of St. Luke Hospital and nity Development, City Planning An emergency ordinance to create Mt. Sinai Hospital; and Commission, Finance, Law; Passage Whereas, on Friday, November a Mayor’s Task Force on Responsi- recommended by Committees on 28, 2003, Deaconess Hospital sud- ble Fatherhood. Community and Economic Develop- denly transferred its patients and Approved by Directors of Public ment, Finance. closed its doors, in apparent viola- Health, Personnel and Human Re- The rules were suspended. Yeas tion of Chapter 686 of the Codified sources, Public Safety, Finance, Law; 17. Nays 0. Read second time. Read Ordinances of the City of Cleve- Passage recommended by Commit- third time in full. Passed. Yeas 17. land; and tees on Health and Human Services, Nays 0. Whereas, Chapter 686 of the Cod- Employment, Affirmative Action and ified Ordinances of the City requires Training, Legislation, Finance. Ord. No. 1935-03. a 90 day notice to the City prior to The rules were suspended. Yeas By Council Member Reed. any reductions in or significant 17. Nays 0. Read second time. Read An emergency ordinance authoriz- operational changes to hospital third time in full. Passed. Yeas 17. ing the sale of real property as part facilities or services; and Nays 0. of the Land Reutilization Program 2719 12 The City Record December 3, 2003 and located on Union Avenue to Approved by Directors of Parks, East 126th Street for the Department Robert Kirkman. Recreation and Properties, Finance, of Community Development; and Approved by Directors of Commu- Law; Passage recommended by Com- authorizing the Commissioner of nity Development, City Planning mittees on Public Parks, Property Purchases and Supplies to convey Commission, Finance, Law; Passage and Recreation, Legislation, the property to Mt. Pleasant Now recommended by Committees on Finance. Development Corporation, or its Community and Economic Develop- The rules were suspended. Yeas designee. ment, Finance. 17. Nays 0. Read second time. Read Approved by Directors of Commu- The rules were suspended. Yeas third time in full. Passed. Yeas 17. nity Development, City Planning 17. Nays 0. Read second time. Read Nays 0. Commission, Finance, Law; Passage third time in full. Passed. Yeas 17. recommended by Committees on Nays 0. Ord. No. 2148-03. Community and Economic Develop- By Council Members Britt and ment, City Planning, Finance; when Ord. No. 2043-03. Jackson (by departmental request). amended as follows: By Council Members Johnson and An emergency ordinance to autho- 1. In Section 3, lines 1 and 2, strike Jackson (by departmental request). rize the Director of Public Health “not exceed fair market value” and An emergency ordinance authoriz- and Welfare to exercise an option to insert “be one dollar ($1.00) and other ing the Director of Parks, Recreation renew Contract No. 53628 with the valuable considerations”. and Properties to apply for and U.S. Department of Veterans Affairs 2. In Section 7, lines 3 and 4, accept a grant from the Ohio Depart- to provide medical services at the strike “fair market value” and insert ment of Education for the 2004 Sum- McCafferty Health Center, for the “one dollar ($1.00)”. mer Food Program; authorizing the Department of Public Health and Amendments agreed to. purchase by requirement contract of Welfare. The rules were suspended. Yeas breakfasts, lunches and snacks for Approved by Directors of Public 17. Nays 0. Read second time. Read the Program and for food, food prod- Health, Finance, Law; Passage rec- third time in full. Passed. Yeas 17. ucts, beverages, condiments and ommended by Committees on Health Nays 0. paper products needed for a food ser- and Human Services, Finance. In compliance with Section 33 of vice operation to be served at Camp The rules were suspended. Yeas the Charter, a copy of the legisla- George L. Forbes, and for the Divi- 17. Nays 0. Read second time. Read tion was furnished to each member sion of Recreation, Department of third time in full. Passed. Yeas 17. of Council before final passage. Parks, Recreation and Properties; Nays 0. and authorizing the Director to con- Ord. No. 2162-03. tract with various non-profit organi- Ord. No. 2149-03. By Council Members Gordon and zations for the implementation of the By Council Members Britt and Jackson (by departmental request). Program. Jackson (by departmental request). An emergency ordinance authoriz- Approved by Directors of Parks, An emergency ordinance authoriz- ing the Director of Economic Devel- Recreation and Properties, Finance, ing the Director of Public Health to opment to enter into a grant agree- Law; Passage recommended by Com- apply for and accept a grant from ment with Cleveland Neighborhood mittees on Public Parks, Property the Ohio Department of Health for Development Coalition to provide and Recreation, Finance. the 2004 Federal AIDS Prevention economic development assistance to The rules were suspended. Yeas Program; and to enter into contract partially finance the administration 17. Nays 0. Read second time. Read with various agencies to implement of the Cleveland Industrial Reten- third time in full. Passed. Yeas 17. the program. tion Initiative during fiscal year Nays 0. Approved by Directors of Public 2003-2004. Health, Finance, Law; Passage rec- Approved by Directors of Eco- Ord. No. 2044-03. ommended by Committees on Health nomic Development, Finance, Law; By Council Member Conwell. and Human Services, Finance. Passage recommended by Commit- An emergency ordinance authoriz- The rules were suspended. Yeas tees on Community and Economic ing the sale of real property as part 17. Nays 0. Read second time. Read Development, Finance. of the Land Reutilization Program third time in full. Passed. Yeas 17. The rules were suspended. Yeas and located on Phillips Avenue to Nays 0. 17. Nays 0. Read second time. Read Gary Warner and Gilliam Robinson- third time in full. Passed. Yeas 17. Warner. Ord. No. 2154-03. Nays 0. Approved by Directors of Commu- By Council Member Britt. nity Development, City Planning An emergency ordinance authoriz- MOTION Commission, Finance, Law; Passage ing the sale of real property as part recommended by Committees on of the Land Reutilization Program By Council Member Zone seconded Community and Economic Develop- and located on East 116th Street to by Council Member Britt and unan- ment, Finance; when amended as E. and A. Northeast Limited Part- imously carried that the absence of follows: nership. Council Members Nelson Cintron, Jr., 1. Insert new Section 6 to read as Approved by Directors of Commu- Michael A. Dolan, Merle R. Gordon follows: nity Development, City Planning and Sabra Pierce Scott, be and is “Section 6. That the agreement or Commission, Finance, Law; Passage hereby authorized. agreements shall provide for review recommended by Committees on by the City Planning Commission Community and Economic Develop- MOTION and the Design Review Committee ment, Finance; when amended as of any plans for the development of follows: The Council Meeting adjourned at the property.”. 1. In the title, lines 4 and 5, and 9:10 p.m. to meet on Monday, Decem- 2. Renumber existing Section 6 to in Section 1, line 3, strike “E. and ber 15, 2003, at 7:00 p.m. in the Coun- new “Section 7.”. A. Northeast Limited Partnership” cil Chambers. Amendments agreed to. and insert “Buckeye E and A Lim- The rules were suspended. Yeas ited Liability Corporation”. 17. Nays 0. Read second time. Read Amendment agreed to. third time in full. Passed. Yeas 17. The rules were suspended. Yeas Nays 0. 17. Nays 0. Read second time. Read In compliance with Section 33 of third time in full. Passed. Yeas 17. the Charter, a copy of the legisla- Nays 0. tion was furnished to each member In compliance with Section 33 of of Council before final passage. the Charter, a copy of the legisla- tion was furnished to each member Ord. No. 2091-03. of Council before final passage. Clerk of Council By Council Members Johnson, White and Jackson (by departmen- Ord. No. 2160-03. tal request). By Council Members Reed, Gor- THE CALENDAR An emergency ordinance approv- don, Cimperman and Jackson (by ing the schedule of prices for all the departmental request). The following measures will be on various parts and sections of the An emergency ordinance authoriz- their final passage at the next meet- West Side Market, according to Sec- ing the Commissioner of Purchases ing: tion 133.16 of the Codified Ordi- and Supplies to purchase property nances of Cleveland, Ohio, 1976. for future redevelopment at 3277 NONE 2720 December 3, 2003 The City Record 13

BOARD OF CONTROL Hudecek, Acting Director Brown, Snowplowing Service for an esti- Directors Sims and Fumich. mated quantity of labor and materi- Nays: None. als necessary to provide snow re- Absent: Directors Taylor and Wil- moval services at various locations, November 26, 2003 liams. all items, for the Division of Cleve- land Public Power, Department of The regular meeting of the Board Resolution No. 711-03. Public Utilities, for a period of two of Control convened in the Mayor’s By Director Baker. (2) years beginning with the date office on Wednesday, November 26, Be it resolved, by the Board of of execution of a contract, received 2003, at 10:30 a.m. with Acting Control of the City of Cleveland that on the 31st day of October 2003, pur- Mayor Subodh Chandra presiding. pursuant to the authority of Ordi- suant to the authority of Ordinance Present: Acting Mayor Chandra, nance No. 1208-03, passed by the No. 1152-03, passed July 16, 2003 on Directors Chandra, Baker, Konicek, Council of the City of Cleveland on the basis of the estimated quantity Mok, Ricchiuto, Carroll, Acting August 20, 2003, Sympro, Inc., is would amount to Sixty Five Thou- Director Pettus, Directors Ronayne, selected from a list of firms, deter- sand and no/100 Dollars ($65,000.00) Hudecek, Acting Director Brown, mined after a full and complete can- (0% Net 30 Days), is hereby af- Directors Sims and Fumich. vass by the Director of Finance, as firmed and approved as the lowest Absent: Directors Taylor and Wil- the firm to be employed by contract and best bid, and the Director of liams. to provide a citywide government Public Utilities is hereby requested Others: Myrna Branche, Commis- treasury management system, in- to enter into requirement contract sioner, Purchases and Supplies. cluding licensing, implementation, for such commodities, which shall Henry Guzman, Director, Office of training, and technical support ser- provide for the immediate purchase Equal Opportunity. vices for two (2) years with (3) as the initial amount of such con- options, exercisable by the Director tract of the following: On motion, the following resolu- of Finance, to renew for additional tions were adopted: consecutive one-year terms, and can- Requisition No. 131242 celable on thirty days’ written which shall be certified against Resolution No. 710-03. notice by the Director, for the Divi- such contract in the sum of Twenty By Directors Baker and Mok. sion of Treasury, Department of Five Thousand Dollars ($25,000.00). Be it resolved by the Board of Finance. Said requirement contract shall Control of the City of Cleveland Be it further resolved that the further provide that the Contractor that, under the authority of Section Director of Finance is requested to will furnish the remainder of the 139.03 of the Codified Ordinances of enter into a contract with Sympro, requirement for such commodities, the City of Cleveland, Ohio 1976, Inc., based upon its proposal dated whether more or less than said esti- Gallagher Pipino, Inc. (“Consul- August 27, 2003, which contract shall mated quantity, as may be ordered tant”), is selected upon the nomi- be prepared by the Director of Law, under subsequent requisitions sepa- nation of the Director of Finance shall provide for the furnishing of rately certified against said con- from a list of qualified persons or professional services as contained in tract. firms determined after a full and complete canvass by the Director the proposal for a fee not to exceed Yeas: Acting Mayor Chandra, of Finance as the firm of consul- $70,180, and shall contain such addi- Directors Chandra, Baker, Konicek, tants available to be employed by tional provisions as the Director of Mok, Ricchiuto, Carroll, Acting contract to supplement the regu- Law deems necessary to protect and Director Pettus, Directors Ronayne, larly employed staff of the several benefit the public interest. Hudecek, Acting Director Brown, departments of the City to provide Yeas: Acting Mayor Chandra, Directors Sims and Fumich. professional services necessary to Directors Chandra, Baker, Konicek, Nays: None. provide comprehensive airport gen- Mok, Ricchiuto, Carroll, Acting Absent: Directors Taylor and Wil- eral liability insurance for the Director Pettus, Directors Ronayne, liams. Department of Port Control in sup- Hudecek, Acting Director Brown, port of Cleveland Hopkins Interna- Directors Sims and Fumich. Resolution No. 714-03. tional and Burke Lakefront Air- Nays: None. By Director Mok. ports and to advise the Directors of Absent: Directors Taylor and Wil- Whereas, under Ordinance No. Finance and Port Control on any liams. 624-01, passed by the City of Cleve- risk management issues that may land Council on July 18, 2001, and arise relating to the insurance to Resolution No. 712-03. Board of Control Resolution No. 306- be provided. By Acting Director Brown. 02, adopted May 22, 2002, the City, Be it further resolved that the Resolved by the Board of Control through its Director of Port Control, Director of Finance is authorized to of the City of Cleveland that the bid was authorized to enter into City enter into a written contract with of Blue Technologies, Inc. for the Contract No. 59778 with O. R. Colan Gallagher Pipino, Inc. based upon following: Multifunctional Engineer- Associates, Inc. (“Consultant”) to its proposal dated August 22, 2003, ing Drawing Copier/Scanner/Print- provide turnkey acquisition, reloca- provided that the compensation to er, all items for the Division of tion and property management ser- Gallagher Pipino, Inc. for the ser- Water Pollution Control, Depart- vices for various parcels of real vices authorized shall not exceed ment of Public Utilities, received on property on Ruple Parkway and Twenty-five Thousand and 00/100 the 8th day of October 2003, pur- Grayton Road; and Dollars ($25,000.00), for the profes- suant to the authority of Ordinance Whereas, the City has determined sional services described above, No. 800-03, passed June 2, 2003, to modify the scope of work to which contract shall be prepared by which on the basis of the order include removal of all friable the Director of Law and shall con- quantity would amount to $39,500.00 asbestos containing materials in tain such other provisions as the (Net), is hereby approved as the accordance with the National Emis- Director of Law deems necessary to lowest and best bid, and the Direc- sion Standards for Hazardous Air protect and benefit the public inter- tor of Public Utilities is hereby Pollutants and the Ohio EPA est. requested to enter into contract for Asbestos Emission Control Rules Be it further resolved that the such items. and for additional testing of sam- employment of the following sub- Yeas: Acting Mayor Chandra, ples in accordance with AHERA consultant by Gallagher Pipino, Inc. Directors Chandra, Baker, Konicek, sampling protocols as required by is approved: Mok, Ricchiuto, Carroll, Acting the Ohio Department of Health; and Director Pettus, Directors Ronayne, Whereas, Consultant has proposed Subconsultant Percentage Hudecek, Acting Director Brown, by its letter dated May 28, 2003 to Amount Directors Sims and Fumich. perform the additional services nec- Nays: None. essary; now, therefore, Washington Insurance Agency Absent: Directors Taylor and Wil- Be it resolved by the Board of 30% MBE liams. Control of the City of Cleveland that $7,500.00 the Director of Port Control is Resolution No. 713-03. authorized to enter into a first mod- Yeas: Acting Mayor Chandra, By Director Konicek. ification to the agreement between Directors Chandra, Baker, Konicek, Be it resolved by the Board of the City of Cleveland and O. R. Mok, Ricchiuto, Carroll, Acting Control of the City of Cleveland that Colan Associates, Inc., City Contract Director Pettus, Directors Ronayne, the bid of Ken’s Landscaping & No. 59778, to include removal of all 2721 14 The City Record December 3, 2003 friable asbestos containing materi- Yeas: Acting Mayor Chandra, Eight and 18/100 Dollars als in accordance with the National Directors Chandra, Baker, Konicek, ($509,978.18), is hereby affirmed and Emission Standards for Hazardous Mok, Ricchiuto, Carroll, Acting approved as the lowest responsible Air Pollutants and the Ohio EPA Director Pettus, Directors Ronayne, bid; and the Director of Department Asbestos Emission Control Rules Hudecek, Acting Director Brown, of Parks, Recreation & Properties is and for additional testing of sam- Directors Sims and Fumich. hereby authorized to enter into con- ples in accordance with AHERA Nays: None. tract for said improvement with said sampling protocols as required by Absent: Directors Taylor and Wil- bidder. the Ohio Department of Health. The liams. Be it further resolved by the amount to be paid for these addi- Board of Control of the City of tional services shall not exceed Resolution No. 716-03. Cleveland that the employment of Sixty Thousand Dollars ($60,000.00), By Director Draper. the following subcontractors by R. thereby increasing the total contract Resolved by Board of Control of DiLillo & Company for the afore- amount not to exceed Two Hundred the City of Cleveland that the bid of mentioned public improvement here- Fifty-five Thousand Ten and 60/100 SBC Global Services, Inc. for a video by is approved: Dollars ($255,010.60). conferencing system for the Divi- Be it further resolved by the sion of Police, Department of Public SUBCONTRACTORS AMOUNT Board of Control of the City of Safety, for the period of one (1) PERCENTAGE Cleveland that employment of the year beginning with the date of exe- following subconsultants by O. R. cution of a contract, received on Site Electric $80,000.00 — 15.69% Colan Associates, Inc. is approved: October 1, 2003, pursuant to the authority of Ordinance No. 2460-02, West Asphalt $59,000.00 — 11.57% Subconsultant passed by Cleveland City Council on DBE/MBE/FBE % Amount March 24, 2003, which on the basis K & L Sealers $30,000.00 — 5.88% of the estimated quantity would BAT Associates, Inc. amount to Two Hundred Sixty-Four Carrick Landscaping MBE 8.6% $5,160.00 Thousand Thirty-Two and 72/100 $28,008.94 — 5.49% dollars ($264,032.72), is hereby Alpha Omega Chemical Company affirmed and approved as the low- Great Northern Fence DBE/MBE 91.40% $54,840.00 est and best bid, and the Director of $17,800.00 — 3.49% Public Safety is hereby requested to Yeas: Acting Mayor Chandra, enter into a requirement contract for Tech Ready Mix (MBE) Directors Chandra, Baker, Konicek, such goods and/or services, which $15,000.00 — 3.41% Mok, Ricchiuto, Carroll, Acting shall provide for the immediate pur- Director Pettus, Directors Ronayne, chase as the initial amount of such Barrow Sign (FBE) Hudecek, Acting Director Brown, contract of the following: $ 3,600.00 — 0.24% Directors Sims and Fumich. Nays: None. Requisition No. 145028 Yeas: Acting Mayor Chandra, Absent: Directors Taylor and Wil- as specified, Directors Chandra, Baker, Konicek, liams. which shall be certified against such Mok, Ricchiuto, Carroll, Acting contract in the sum of Two Hundred Director Pettus, Directors Ronayne, Resolution No. 715-03. Sixty-Four Thousand Thirty-Two and Hudecek, Acting Director Brown, By Director Mok. 72/100 Dollars ($264,032.72). Directors Sims and Fumich. Resolved, by the Board of Control Said requirement contract shall Nays: None. of the City of Cleveland that the bid further provide that the Contractor Absent: Directors Taylor and Wil- of Consolidated Electric Distribu- shall furnish the remainder of the liams. tors, Inc. d/b/a Leader Electric Sup- City’s requirements for such goods ply, Co., for labor and materials nec- and/or services, whether more or Resolution No. 718-03. essary to provide electrical parts less than said estimated quantity, as By Director Hudecek. and equipment to maintain, repair may be ordered under subsequent Whereas, pursuant to Ordinance and modify existing airfield, park- requisitions separately certified No. 2076-76 passed October 25 1976, ing and terminal lighting systems, against said contract. the City is conducting a Land Reuti- Phase I, Item Nos. 1a through 1n, for Yeas: Acting Mayor Chandra, lization Program (“Program”) in the various divisions of the Depart- Directors Chandra, Baker, Konicek, accordance with the provisions of ment of Port Control, for a period Mok, Ricchiuto, Carroll, Acting Chapter 5722 of the Ohio Revised not to exceed two years beginning Director Pettus, Directors Ronayne, Code; and with the date of execution of a con- Hudecek, Acting Director Brown, Whereas, under said Program, the tract, received on the 15th of Octo- Directors Sims and Fumich. City has acquired Permanent Parcel ber, 2003, pursuant to the authority Nays: None. No. 109-11-020 located at East 105th of Ordinance No. 1015-03, passed on Absent: Directors Taylor and Wil- Street in Ward 8; and June 10, 2003, which on the basis of liams. Whereas, Section 183.021 of the the estimated quantity would Codified Ordinances of Cleveland, amount to Six Hundred Ninety Thou- Resolution No. 717-03. Ohio 1976 authorizes the Commis- sand Five Hundred Sixty and 00/100 By Director Ronayne. sioner of Purchases and Supplies, Dollars ($690,560.00), is hereby Be it resolved by the Board of when directed by the Director of affirmed and approved as the low- Control of the City of Cleveland, Community Development and when est and best bid, and the Director of that the bid of R. DiLillo & Com- certain specified conditions have Port Control is hereby requested to pany for the public improvement of been met, to sell Land Reutilization enter into a requirement contract for Various Parks Site Improvements, Program parcels to adjacent or such labor and materials necessary, for Base Bid Items #A1 - #A12 abutting landowners; and which shall provide for the immedi- including the 5% contingency Whereas, Bethany Baptist Church, ate purchase as the initial amount (Helen Simpson Park), Base Bid abutting/adjacent landowner, has of such contract of the following: Items #B1 - #B12 including the 5% proposed to the City to purchase and contingency (Orr Park) and Base develop said parcel; and Requisition No. 146005 Bid Items #C1 - #C46 and Add Alter- Whereas, the following conditions which shall be certified against nate Items #CAA1 - #CAA5 includ- exist: such contract in the sum of One ing the 5% contingency (Thurgood 1. The member of Council from Hundred Thousand and 00/100 Dol- Marshall Park) for the Division of Ward 8 has consented to the pro- lars ($100,000.00). Research, Planning & Development, posed sale; Said requirement contract shall Department of Parks, Recreation & 2. The parcel is either less than further provide that the Contractor Properties, received on August 13, 4,800 square feet or less than 40 feet shall furnish the remainder of the 2003, pursuant to the authority of frontage; City’s requirements for such labor Ordinance No. 1748-99 and Ordinance 3. The proposed purchaser of said and materials, whether more or less No. 1114-02 passed on April 17, 2000 parcel is neither tax delinquent nor than said estimated quantity, as and June 17, 2002, upon a unit basis in violation of the Building and may be ordered under subsequent for the improvement in the aggre- Housing Code; now, therefore, requisitions separately certified gate amount of Five Hundred Nine Be it resolved by the Board of against said contract. Thousand Nine Hundred Seventy Control of the City of Cleveland that 2722 December 3, 2003 The City Record 15 pursuant to Section 183.021 of Codi- Resolution No. 720-03. Collinwood Shale Brick & Concrete Co. fied Ordinances of Cleveland, Ohio By Director Hudecek. 12400 Broadway 1976, the Commissioner of Purchas- Whereas, pursuant to Ordinance Cleveland, Ohio 44125 es and Supplies is authorized, when No. 2076-76 passed October 25, 1976, $75,000 — 3.22% — (FBE) directed by the Director of Commu- the City is conducting a Land Reuti- nity Development, and the Mayor is lization Program in accordance with Cuyahoga Supply & Tool, Inc. hereby requested to execute an Offi- the provision of Chapter 5722 of the 5340 Perkins Road cial Deed for and on behalf of the Ohio Revised Code; and Broadview Hts., Ohio 44146 City of Cleveland, with Bethany Whereas, City has acquired Per- $16,200 — 0.69% — (FBE) Baptist Church for the sale and manent Parcel No. 135-05-103 under development of Permanent Parcel said Land Reutilization Program; McTech Corp. / Tech Ready Mix No. 109-11-020 located at East 105th and 5000 Crayton Road Street, in accordance with the Land Whereas, Ordinance No. 759-00 Cleveland, Ohio 44101 Reutilization Program in such man- passed June 2, 2003, authorized the $350,000 — 15.01% — (MBE) ner as best carries out the intent of sale of said parcel for a considera- said program. tion established by the Board of TraffTech Be it further resolved that the con- Control at not less than the Fair 1754 E. 47h Street sideration for said parcel shall be Market Value; and Cleveland, Ohio 44103 $100.00, which amount is hereby Whereas, Annie Gray has pro- $126,238 — 5.50% determined to be not less than the posed to the City to purchase and Fair Market value of said parcel for develop said parcel; now, there- uses in accordance with said Pro- Fabrizi Trucking & Paving Co. Inc. fore, 389 Columbia Road gram. Be it resolved by the Board of Valley City, Ohio 44280 Yeas: Acting Mayor Chandra, Control of the City of Cleveland that $250,000 — 10.70% Directors Chandra, Baker, Konicek, pursuant to the authorization of Mok, Ricchiuto, Carroll, Acting Ordinance No. 759-00 passed June 2, Utilicon Director Pettus, Directors Ronayne, 2003, by the Cleveland City Council, 888 E. 70th Street Hudecek, Acting Director Brown, the Mayor is hereby authorized to Cleveland, Ohio 44103 Directors Sims and Fumich. execute an official deed for and on $132,195 — 5.55% Nays: None. behalf of the City of Cleveland with Absent: Directors Taylor and Wil- Annie Gray for the sale and devel- Yeas: Acting Mayor Chandra, liams. opment of Permanent Parcel No. 135- Directors Chandra, Baker, Konicek, 05-103, as described in said Ordi- Mok, Ricchiuto, Carroll, Acting Resolution No. 719-03. nance in accordance with the Land Director Pettus, Directors Ronayne, By Director Hudecek. Reutilization Program in such man- Hudecek, Acting Director Brown, Whereas, pursuant to Ordinance ner as best carries out the intent of No. 2076-76 passed October 25, 1976, Directors Sims and Fumich. said program. the City is conducting a Land Reuti- Nays: None. Be it further resolved that the con- lization Program in accordance with sideration for said parcel shall be Absent: Directors Taylor and Wil- the provision of Chapter 5722 of the $400.00, which amount is hereby liams. Ohio Revised Code; and determined to be not less than the Whereas, City has acquired Per- fair market value of said parcel for JEFFREY B. MARKS, manent Parcel No. 126-16-049 under uses in accordance with the Land Secretary said Land Reutilization Program; Reutilization Program. and Yeas: Acting Mayor Chandra, Whereas, Ordinance No. 144-03 Directors Chandra, Baker, Konicek, passed June 2, 2003, authorized the Mok, Ricchiuto, Carroll, Acting CIVIL SERVICE NOTICES sale of said parcels for a considera- Director Pettus, Directors Ronayne, ______tion established by the Board of Hudecek, Acting Director Brown, Control at not less than the Fair Directors Sims and Fumich. Market Value; and General Information Whereas, Reverend J. M. Shaffer Nays: None. has proposed to the City to purchase Absent: Directors Taylor and Wil- Application blanks and informa- and develop said parcels; now, there- liams. tion, regarding minimum entrance fore, qualifications, scope of examination, Be it resolved by the Board of Resolution No. 721-03. and suggested reference materials Control of the City of Cleveland By Director Ricchiuto. may be obtained at the office of the Be it resolved by the Board of that pursuant to the authorization Civil Service Commission, Room 119, Control of the City of Cleveland, of Ordinance No. 144-03 passed City Hall, East 6th Street, and Lake- that the bid of Vandra Brothers June 2, 2003, by the Cleveland City side Avenue. Construction, 24629 Broadway Ave., Council, the Mayor is hereby autho- Application blanks must be prop- Oakwood Village, Ohio 44146, for rized to execute an official deed erly filled out on the official form the public improvement of Western for and on behalf of the City of prescribed by the Civil Service Com- Avenue (West Blvd. to West 117th Cleveland with Reverend J. M. mission and filed at the office of the Street), for the Division of Engi- Shaffer for the sale and develop- commission not later than the final neering and Construction, Depart- ment of Permanent Parcel No. 126- closing date slated in the examina- 16-049, as described in said Ordi- ment of Public Service, received on November 6, 2003, pursuant to the tion announcement. nance in accordance with the Land EXAMINATION RESULTS: Each Reutilization Program in such authority of Ordinance No. 481-02, applicant whether passing or failing manner as best carries out the passed May 13, 2002, upon a unit will be notified of the results of the intent of said program. basis for the improvement in the examination as soon as the com- Be it further resolved that the con- aggregate amount of Two Million, mission has graded the papers. sideration for said parcels shall be Three Hundred Thirty-Two Thou- Thereafter, eligible lists will be $830.00, which amount is hereby sand, Two Hundred Twenty-Five determined to be not less than the and 00/100 Dollars ($2,332,225.00), is established which will consist of the fair market value of said parcels for hereby affirmed and approved as names of those candidates who have uses in accordance with the Land the lowest responsible bid; and the been successful in all parts of the Reutilization Program. Director of Public Service is here- examination. Yeas: Acting Mayor Chandra, by authorized to enter into contract Directors Chandra, Baker, Konicek, for said improvement with said bid- PHYSICAL EXAMINATION: All Mok, Ricchiuto, Carroll, Acting der. candidates for original entrance posi- Director Pettus, Directors Ronayne, Be it further resolved that the tions who are successful in other Hudecek, Acting Director Brown, employment of the following sub- parts of the examinations must sub- Directors Sims and Fumich. contractors by Vandra Brothers Con- mit to a physical examination. Nays: None. struction for the aforementioned Absent: Directors Taylor and Wil- public improvement hereby is ap- REYNALDO GALINDO, liams. proved: President 2723 16 The City Record December 3, 2003

SCHEDULE OF THE BOARD owner, and Donald Jones, agent, The following appeal was Denied: OF ZONING APPEALS appeal to construct an accessory parking lot on a 150' x 172' parcel Calendar No. 03-304: 3731 Trowbridge where there is an existing one-story Avenue MONDAY, DECEMBER 15, 2003 brick and block building that is Anne Votruba appealed from a located in a Multi-Family District on Violation Notice issued August 22, 9:30 A.M. the west side of East 75th Street at 2003 by the Building and Housing its intersection with Chester Avenue Department regarding access and at 1914 East 75th Street; the pro- Calendar No. 03-313: 2200 Overlook maintenance of accessory off-street posed construction being contrary to Road (Ward 6) parking spaces. the Residential Districts Regula- Overlook Ventures LLC, owner c/o tions that require a church and Benny Chew, agent, appeal to con- The following appeals were Post- accessory uses to be 15' from any struct a one-story 4,310 s/f building poned: adjoining premises in a Residential addition to an existing 127' x 127' District not used for a similar pur- two-story stone and brick church Calendar No. 03-200: 3809 Pearl Road pose; and contrary to Sections building situated on an acreage par- postponed to December 15, 2003. 357.14(a)(1) of the Yards and Courts cel located in an A1 Residence Requirements, where the parking of Industry District on the west side of Calendar No. 03-276: 9300 Woodland motor vehicles in the setback along Overlook Road near its intersection Avenue postponed to January 5, East 75th Street is prohibited and as with Edgehill Road at 2200 Overlook 2004. proposed the parking encroaches Road; the proposed construction into the 36' front building line set- being contrary to the Landscaping Calendar No. 03-306: 2572 Scranton back along East 75th Street; and and Screening Requirements where Road postponed to January 5, subject to the Nonconforming Use an 8' wide landscaping strip is 2004. Requirements where the expansion required along the south perimeter of a nonconforming use requires the of the site that abuts a Multi-Fami- Calendar No. 03-307: 3749 East 142nd Board of Zoning Appeals approval ly District as stated in Section 352.11 Street postponed to December 15, as stated in Section 359.01 of the of the Codified Ordinances. 2003. Codified Ordinances. Calendar No. 03-315: 3611 Payne Ave- Calendar No. 03-309: 13021 St. Clair Calendar No. 03-321: 15912 Saranac nue (Ward 13) Avenue postponed to December Road (Ward 11) Eric Duong, owner, and Kevin 15, 2003. Sheila Frey, owner, appeals to Morand, agent, appeal to change the install approximately 316 l/f of 4' use of an existing 170' x 92' one- The following appeals were With- high chain link fence at three sides drawn: story laundry and office masonry of a vacant irregular shaped corner building into a warehouse storage parcel located in a Multi-Family None. and distribution facility situated on District on the south side of a 270' x 150' irregular shaped par- Saranac Road between East 159th cel located in a Local Retail Busi- On Monday, December 1, 2003, in Street and East 159th Place at Executive Session: ness and a Two-Family District on 15912 Saranac Road; the proposed the northeasterly corner of Payne fence being contrary to the Section The following appeals were heard Avenue and East 36th Street at 3611 358.04(a) of the Fence Regulations by the Board on Monday, November Payne Avenue, a.k.a. 1629-33 East where the fence height may not 24, 2003, and said decisions were ap- 36th Street; said change of use being exceed its distance from a resi- proved and adopted in Executive contrary to Section 337.03 where a dence building on an adjoining lot Session on Monday, December 1, 2003: warehouse is not permitted in a and the proposed 4' high fence is Two-Family District and Section only a distance of 3' from the The following appeals were Ap- 343.01 where a warehouse is not per- building on the adjoining lot at the proved: mitted in a Local Retail Business south side and a chain link fence District but is first permitted in a is proposed where only ornamental Calendar No. 03-296: 12722 Lorain Semi-Industry District as stated in fence material is permitted in the Avenue Section 345.03(c)(33) and contrary to front and actual side yards in a Devendra Patel appealed to main- the Off-Street Parking and Loading Residential District as stated in tain 45 linear feet of an existing Regulations of Section 349.04 where Section 358.04(c)(1) of the Codified +9' high masonry fence-wall at the 6 parking spaces are required and Ordinances. none are proposed and contrary to rear of a 2-story building in a Gen- the Landscaping and Screening Re- EUGENE CRANFORD, JR., eral Retail Business District. quirements, where an 8' landscape Secretary strip and a 6' screened fence are Calendar No. 03-297: 4228 West 63rd required at the rear of the property Street and none is proposed and a 6' land- REPORT OF THE BOARD Kenny and Teresa Vega appealed scape strip is required along East to erect a 13' high x 11' wide x 18' 36th Street as stated in Sections OF ZONING APPEALS long breezeway addition between an 352.10 and 352.11 of the Codified existing dwelling and an accessory Ordinances. garage in a One-Family District. MONDAY, DECEMBER 1, 2003 Calendar No. 03-318: 1419 Kenilworth The following appeals were De- Avenue (Ward 13) At the meeting of the Board of nied: Dennis McNulty, owner, appeals to Zoning Appeals on Monday, Decem- erect a 14' x 20' one-story, frame ber 1, 2003, the following appeals None. garage at the rear of a two-story, were heard by the Board: frame dwelling situated on a 36' x EUGENE CRANFORD, JR., 98' parcel located in a Multi-Family The following appeals were Ap- Secretary District on the north side of Kenil- proved: worth Avenue at 1419 Kenilworth Avenue; the proposed construction Calendar No. 03-305: 3132 West 101st REPORT OF THE BOARD being contrary to the Yards and Street OF BUILDING STANDARDS Courts Regulations, where a dis- Melvin Smith appealed to park in AND BUILDING APPEALS tance of 6'-6" is proposed from the the front setback area of a driveway building on the adjoining lot to the in a Two Family District; subject to east and no less than a distance of conditions. NO MEETING 10' is permitted as stated in Section 352.09(2) of the Codified Ordinances. Calendar No. 03-260: 10231 Adelaide Avenue Calendar No. 03-319: 1914 East 75th Nicholas Karnavas appealed to PUBLIC NOTICE Street (Ward 7) enclose an existing 7' x 24' front The Cedar Congregation of Jeho- porch of a one family dwelling in a vah’s Witnesses c/o Jimmy Seay, Two-Family District. NONE 2724 December 3, 2003 The City Record 17

NOTICE OF PUBLIC HEARING Height District to a “1” Height Dis- of the said Commissioner of Pur- trict (Map Change No. 2094, Sheet chases and Supplies, but no bid will No. 7). be considered unless delivered to the office of the said commissioner Notice of Public Hearing Ord. No. 2172-03. previous to 12:00 noon (Eastern By the Council Committee By Council Member Polensek. Standard Time) on the date speci- On City Planning An ordinance to change the zon- fied in the schedule. ing of properties south of Saranac 187.10 Negotiated contracts; Notice Mercedes Cotner Committee Room 217 Road, between East 154th Place and required in Advertisement for Bids. City Hall, Cleveland, Ohio East 156th Street from a General Where invitations for bids are On Wednesday, December 15, 2003 Retail Use District to a Local Retail advertised, the following notice 1:30 P.M. Use District (Map Change No. 2091, shall be included in the advertise- Sheet No. 7). ment: “Pursuant to the MBE/FBE Notice is hereby given to all inter- Code, each prime bidder, each minor- ested property owners that the Ord. No. 2249-03. ity business enterprise (“MBE”) and Council Committee on City Planning By Council Member Polensek. each female business enterprise will hold a public hearing in the An ordinance to change the zon- (“FBE”) must be certified before Mercedes Cotner Committee Room ing of properties south of Saranac doing business with the City. There- 217, City Hall, Cleveland, Ohio, on Road, between East 159th Street and fore, any prime contractor wishing Wednesday, December 15, 2003, at East 162nd Street from a General to receive credit for using an MBE 9:00 A.M., to consider the following Retail Use District to a Multi-Fami- or FBE should ensure that applica- ordinances now pending in the ly Use District (Map Change No. tions for certification as to MBE or Council: 2093, Sheet No. 7) FBE status compliance with the Code, affirmative action in employ- Ord. No. 2166-03. Ord. No. 2250-03. ment and, if applicable, joint ven- By Council Member Gordon. By Council Member Dolan. ture status, are submitted to the An ordinance to change the zoning An ordinance to change the zon- Office of Equal Opportunity (“OEO”) of properties located on the North- ing of property located at the north- prior to the date of bid opening or east corner of Pearl Road and Hen- west corner of West 168th Street and submission of proposals or as spec- ninger Road from a Semi Industry Albers Avenue from a Local Retail ified by the Director. Failure to com- Use District to a Local Retail Use Use District to a Parking District ply with the business enterprise District (Map Change No. 2095, Sheet and from a “2” Height District to a code or with representations made No. 2). “1” Height District (Map Change No. on these forms may result in can- 2097, Sheet No. 12) cellation of the contract or other Ord. No. 2167-03. civil or criminal penalties.” By Council Member Polensek. Ord. No. 2251-03. An ordinance to change the zon- By Council Member Gordon. THURSDAY, DECEMBER 11, 2003 ing of properties located west of An ordinance to change the zon- Pearl Road, between Brookside ing of properties located west of Manhole Riser, for the Division of Park Drive and Broadview Road Pearl Road, between Broadview Streets, Department of Public Ser- from a General Retail Use District Road and Memphis Avenue from a vice, as authorized by Ordinance to a Local Retail Use District and General Retail Use District and No. 429-03, passed by the Council from a “3” and a “1” Height District Multi-Family Use District to a Local of the City of Cleveland, May 12, to a “2” Height District (Map Retail Use District and from a “3” 2003. Change No. 2096, Sheet No. 2). and a “1” Height District to a “2” THERE WILL BE A NON-MANDA- Height District (Map Change No. TORY PRE-BID MEETING, Ord. No. 2168-03. 2100, Sheet No. 2) By Council Member Polensek. THURSDAY, DECEMBER 4, 2003 AT 10:00 A.M., CITY HALL, 601 An ordinance to change the zon- Ord. No. 2252-03. ing of the easternmost portion of LAKESIDE AVENUE, ROOM 25, By Council Member Polensek. CLEVELAND, OHIO 44144. Lake Shore Shopping Plaza, south of An ordinance to change the zon- Lake Shore Boulevard from a Gen- ing of properties south of Saranac eral Retail Use District to a One- Road, between East 156th Street and November 26, 2003 and December 3, 2003 Family Residential Use District East 159th Street from a General (Map Change No. 2090, Sheet No. 7). Retail Use District to a Two-Family FRIDAY, DECEMBER 12, 2003 Use District (Map Change No. 2092, Ord. No. 2169-03. Sheet No. 7) Long Distance, for the Division of By Council Member Polensek. Information Technology and Ser- An ordinance to change the zon- All interested persons are urged vices, Department of Finance as ing of properties at Margaret Spel- to be present or to be represented at authorized by Ordinance No. 1681- lacy Junior High School and Sara- the above time and place. 03, passed by the Council of the nac Playground, south of Saranac City of Cleveland, September 22, Road and east of East 162nd Street JOSEPH C. CIMPERMAN, 2003. from General and Semi-Industry Dis- Chairman THERE WILL BE A MANDATORY tricts to a Two-Family District and Committee on City Planning PRE-BID MEETING; THURSDAY, to change the Height District from DECEMBER 4, 2003 AT 1:00 P.M., “3” to “1”. (Map Change No. 2086, _____ DIVISION OF INFORMATION Sheet No. 7). TECHNOLOGY & SERVICES, 1404 November 26, 2003 and December 3, 2003 EAST 9TH ST., 4TH FLOOR CON- Ord. No. 2170-03. FERENCE ROOM, CLEVELAND, By Council Member Polensek. OHIO 44144. An ordinance to change the zon- CITY OF CLEVELAND BIDS THE CITY WILL NOT CONSIDER ing of the Lake Shore Shopping THE BID OF ANYONE WHO Plaza, south of Lake Shore Boule- DOES NOT ATTEND A MANDA- vard between East 156th Street and TORY PRE-BID CONFERENCE. East 161st Street from a General For All Departments Retail Use District to a Shopping Pipe Repair Couplings, for the Divi- Center Use District (Map Change Sealed bids will be received at the sion of Water, Department of Pub- No. 2089, Sheet No. 7). office of the Commissioner of Pur- lic Utilities, as authorized by Sec- chases and Supplies, Room 128, City tion 129-25, of the Codified Ordi- Ord. No. 2171-03. Hall, in accordance with the append- nances of Cleveland, Ohio, 1976. By Council Member Polensek. ed schedule, and will be opened and THERE WILL BE A MANDATORY An ordinance to change the zon- read in Room 128, City Hall, imme- PRE-BID MEETING; FRIDAY, ing of properties at the Northwest diately thereafter. DECEMBER 5, 2003 AT 2:00 P.M., corner of Damon Avenue and East Each bid must be made in accor- DIVISION OF WATER DISTRIB- 156th Street from a General Retail dance with the specifications and UTION & MAINTENANCE, PIPE Use District to a Two-Family Use must be submitted on the blanks REPAIR CONFERENCE ROOM, District; from a “C” Area District to supplied for the purpose, all of 4600 HARVARD AVENUE, a “B” Area District; and from a “2” which may be obtained at the office CLEVELAND, OHIO 44105. 2725 18 The City Record December 3, 2003

THE CITY WILL NOT CONSIDER WEDNESDAY, DECEMBER 31, 2003 DISTRIBUTION & MAINTE- THE BID OF ANYONE WHO NANCE, PIPE REPAIR CONFER- DOES NOT ATTEND A MANDA- Purchases of SCADA System Com- ENCE ROOM, 4600 HARVARD TORY PRE-BID CONFERENCE. puter Software, Software Up- AVENUE, CLEVELAND, OHIO grades and Support Software and 44105. Two (2) 60' Aerial Devices, for Var- Software Implementation and Au- ious Divisions, Department of thorization to Employ Profession- Tree Lawn Repair, for the Division Finance, as authorized by Ordi- al Consultants to Perform System of Water, Department of Public nance No. 1169-03, passed by the Changes, Configuration, Program- Utilities, as authorized by Ordi- Council of the City of Cleveland, ming, Tuning and Upgrades to the nance No. 1153-03, passed by the July 16, 2003.j3 SCADA Systems, for the Divisions Council of the City of Cleveland, THERE WILL BE A NON-MANDA- of Water and Cleveland Public August 13, 2003. TORY PRE-BID MEETING, MON- Power, Department of Public Util- THERE WILL BE A MANDATORY ities, as authorized by Ordinance PRE-BID MEETING, FRIDAY, DAY, DECEMBER 8, 2003 AT 3:30 No. 1953-01 and 1951-03, passed by DECEMBER 12, 2003 AT 10:30 P.M., DIVISION OF MOTOR VEHI- the Council of the City of Cleve- A.M., DIVISION OF WATER-DIS- CLE MAINTENANCE, 410 EAST land, December 3, 2001 and April TRIBUTION & MAINTENANCE, 49TH ST., BUILDING #1, CLEVE- 25, 2002. PIPE REPAIR CONFERENCE LAND, OHIO 44105 THERE WILL BE A NON-MANDA- ROOM, 4600 HARVARD AVENUE, TORY PRE-BID MEETING CLEVELAND, OHIO 44105. November 26, 2003 and December 3, 2003 WEDNESDAY, DECEMBER 3, THE CITY WILL NOT CONSIDER 2003 AT 10:00 A.M., CROWN THE BID OF ANYONE WHO WEDNESDAY, DECEMBER 17, 2003 WATER PLANT, 955 CLAGUE DOES NOT ATTEND A MANDA- ROAD, WESTLAKE, OHIO 44145. TORY PRE-BID CONFERENCE. Maintenance of City Telephones, Products and Ancillary Equip- November 26, 2003 and December 3, 2003 December 3, 2003 and December 10, 2003 ment, for the Division of Infor- mation Technology and Services, THURSDAY, DECEMBER 18, 2003 Department of Finance, as autho- rized by Ordinance No. 1713-02, Wire and Accessories, for the Divi- ADOPTED RESOLUTIONS passed by the Council of the City sion of Cleveland Public Power, AND ORDINANCES of Cleveland, September 16, 2002. Department of Public Utilities, as THERE WILL BE A MANDATORY authorized by Section 129.26, of PRE-BID MEETING; MONDAY, the Codified Ordinances of Cleve- Res. No. 2094-03. DECEMBER 8, 2003 AT 1:30 P.M., land, Ohio, 1976. By Council Member Cimperman. DIVISION OF INORMATION THERE WILL BE A MANDATORY An emergency resolution declar- TECHNOLOGY & SERVICES, 1404 PRE-BID MEETING; THURSDAY, ing it necessary to provide for addi- EAST 9TH ST., 4TH FLOOR CON- DECEMBER 11, 2003 AT 10:30 tional security for the Cleveland FERENCE ROOM, CLEVELAND, A.M., CLEVELAND PUBLIC POWER, 1300 LAKESIDE AVE- Theater District (“District”), clean- OHIO 44144. ing and maintenance of the public THE CITY WILL NOT CONSIDER NUE, CLEVELAND, OHIO 44114. THE CITY WILL NOT CONSIDER right-of-way and Star Plaza within THE BID OF ANYONE WHO the District, and collective market- DOES NOT ATTEND A MANDA- THE BID OF ANYONE WHO DOES NOT ATTEND A MANDA- ing of the District in the City of TORY PRE-BID CONFERENCE. TORY PRE-BID CONFERENCE. Cleveland; approving the compre- hensive plan of services to be pro- November 26, 2003 and December 3, 2003 vided by the District; providing for December 3, 2003 and December 10, 2003 the assessment of the cost and THURSDAY, DECEMBER 18, 2003 expense of said plan upon the ben- FRIDAY, DECEMBER 19, 2003 efited properties within the District; and declaring an emergency. HVAC and Fire Alarm Replacement, Small Water Meters, for the Division for the Division of Architecture, Whereas, this Council, through of Water, Department of Public Department of Public Service, as Resolution No. 483-95, adopted June Utilities, as authorized by Section authorized by Ordinance No. 838- 5, 1995, as amended by Resolution 129.25, of the Codified Ordinances 02, passed by the Council of the 1746-97, adopted December 15, 1997, of Cleveland, Ohio, 1976. created the Cleveland Theater Dis- City of Cleveland, June 10, 2002. THERE WILL BE A NON-MANDA- trict under Chapter 1710 of the THERE WILL BE A REFUNDABLE TORY PRE-BID MEETING, MON- Revised Code, bounded generally on FEE FOR PLANS/SPECIFICA- DAY, DECEMBER 15, 2003 AT the north by Chester Avenue S.E., on TIONS IN THE AMOUNT OF 10:30 A.M., DIVISION OF WATER- the south by Prospect Avenue S.E., FIFTY DOLLARS ($50.00) IN DISTRIBUTION & MAINTE- on the east by East 18th Street, and THE FORM OF A CASHIER’S NANCE, PIPE REPAIR CONFER- on the west by East 9th Street, Barn CHECK AND/OR MONEY ORDER ENCE ROOM, 4600 HARVARD Court S.E., and East 12th Street THERE WILL BE A NON-MANDA- AVENUE, CLEVELAND, OHIO (“District”); and TORY PRE-BID MEETING, TUES- 44105. Whereas, the Cleveland Theater DAY, DECEMBER 9, 2003 AT District Development Corporation, 10:00 A.M., HOUSE OF CORREC- Large Water Meters, for the Divi- an Ohio not-for-profit corporation, TION — VISITATION ROOM, 4041 sion of Water, Department of was formed in 1997 under Chapters NORTHFIELD RD., HIGHLAND Public Utilities, as authorized by 1702 and 1710 of the Revised Code HILLS, OHIO 44102. Section 129.25, of the Codified to govern the District (“Corpora- Ordinances of Cleveland, Ohio, tion”); and November 26, 2003 and December 3, 2003 1976. Whereas, the Corporation has pre- THERE WILL BE A NON-MANDA- pared a comprehensive plan for pub- FRIDAY, DECEMBER 19, 2003 TORY PRE-BID MEETING, MON- lic services to continue to specially DAY, DECEMBER 15, 2003 AT benefit property within the District, Bunker Gear, for Various Divisions, 10:30 A.M., DIVISION OF WATER- including providing for additional Department of Port Control, as DISTRIBUTION & MAINTE- security within the District, clean- authorized by Ordinance No. 545- NANCE, PIPE REPAIR CONFER- ing and maintenance of the public 03, passed by the Council of the ENCE ROOM, 4600 HARVARD rights-of-way within the District and City of Cleveland, June 2, 2003. AVENUE, CLEVELAND, OHIO Star Plaza, and collective marketing THERE WILL BE A NON-MAN- 44105. of the District (“Plan”); and DATORY PRE-BID MEETING Whereas, the owners of sixty per- WEDNESDAY, DECEMBER 10, Water Meters Parts, for the Division cent or more of front footage of 2003 AT 2:00 P.M., CLEVELAND of Water, Department of Public property that abuts upon any street, HOPKINS INTERNATIONAL AIR- Utilities, as authorized by Section alley, public roadway, place, boule- PORT’S CENTRAL RECEIVING 129.25, of the Codified Ordinances vard, parkway, park entrance, ease- BUILDING, 19451 FIVE POINTS of Cleveland, Ohio, 1976. ment, or other existing public ROAD, CLEVELAND, OHIO 44135. THERE WILL BE A NON-MANDA- improvement within the District, TORY PRE-BID MEETING, MON- excluding certain property as pro- DAY, DECEMBER 15, 2003 AT vided in division (E) of Section November 26, 2003 and December 3, 2003 10:30 A.M., DIVISION OF WATER- 1710.02 of the Revised Code, have 2726 December 3, 2003 The City Record 19 signed a petition requesting that the to the County Auditor as provided be and the same is hereby with- City approve the Plan (“Petition”); by law to be placed by him on the drawn and Resolution No. 2106-03, and tax duplicate and collected as other containing such objection, be and Whereas, properties within the taxes are collected. the same is hereby repealed and District will continue to be special- Section 8. That the second annual that this Council consents to the ly benefited by the services provid- installment of $310,000.00, the third immediate transfer thereof. ed under the Plan and will contin- annual installment of $320,000.00, the Section 2. That this resolution is ue to be assessed to pay for the fourth annual installment of hereby declared to be an emergency costs of the Plan; now, therefore, $330,000.00, and the fifth annual measure and provided it receives the Whereas, this resolution consti- installment of $340,000.00 shall each affirmative vote of two-thirds of all tutes an emergency measure provid- be paid on each of the next four the members elected to Council, it ing for the usual daily operation of anniversaries of the date of passage shall take effect and be in force a municipal department; now, there- of the City’s ordinance of assess- immediately upon its adoption and fore; ment. All cash payments remaining approval by the Mayor; otherwise, it Be it resolved by the Council of unpaid at the expiration of said 30 shall take effect and be in force the City of Cleveland: days shall be certified by the Clerk from and after the earliest period Section 1. That the Petition is ap- of this Council to the County Audi- allowed by law. proved. tor as provided by law to be placed Adopted November 24, 2003. Section 2. That it is determined by him on the tax duplicate and col- Effective December 1, 2003. and declared necessary and con- lected as other taxes are collected. ducive to the public health, conve- Section 9. That no notes or bonds nience, and welfare of the City of of the City of Cleveland shall be Cleveland and its residents to con- issued in anticipation of the collec- Res. No. 2344-03. tinue to provide additional security tion of the special assessments. By Council Member Britt. for the District, additional cleaning Section 10. That the Commissioner An emergency resolution with- and maintenance of the public of Assessment and Licenses is drawing objection to the renewal of rights-of-way and Star Plaza in the authorized to prepare and file in the a C1 and C2 Liquor Permit at 8716 District, and collective marketing of Office of the Clerk of Council an Cedar Avenue and repealing Reso- the District for a five-year period estimated assessment under the pro- lution Nos. 1614-02 and 1289-03, ob- commencing after the passage of visions of this resolution showing jecting to said renewal. the ordinance to proceed in this mat- the amount of the assessment Whereas, this Council objected to ter. against each lot or parcel of land to a C1 and C2 Liquor Permit to 8716 Section 3. That it is determined be assessed. Such estimated assess- Cedar Avenue by Resolution Nos. that the property in the District will ment shall be based on the estimat- 1614-02 and 1289-03 adopted by the continue to be specially benefited by ed costs of the Plan, now on file in Council on August 14, 2002 and July the above described public services the Office of the Clerk of Council. 16, 2003; and and shall be assessed, calculated as Section 11. That this ordinance is Whereas, this Council wishes to the percentage of tax value of the declared to be an emergency mea- withdraw its objection to the above property taken as a percentage of sure and, provided it receives the renewal and consents to said renew- the District as a whole. affirmative vote of two-thirds of all al based upon and pursuant to a Section 4. That, except as stated the members elected to Council, it cooperation agreement by and in Section 5 of this ordinance, the shall take effect and be in force through City Council Representa- Plan of services to be provided by immediately upon its passage and tive, Patricia J. Britt and Applicant, the District, on file in File No. 2094- approval by the Mayor; otherwise it Gene A. Sardon, President of Willa 03-A, is approved under division (B) shall take effect and be in force G., Inc., DBA Gene’s Corner Bever- of Section 1710.06(B) of the Revised from and after the earliest period age, 8716 Cedar Avenue, Cleveland, Code, at an estimated cost of allowed by law. Ohio 44106, Permanent Number $1,600,000.00; and that all conditions Adopted November 24, 2003. 9619191-0005, a copy of which is in for submission of the Plan have Effective November 25, 2003. the file for this address with the been met. City Law Department; and Section 5. That any portion of the Whereas, this resolution consti- Plan that duplicates services to be tutes an emergency measure provid- undertaken by the City and any Res. No. 2343-03. ing for the usual daily operation of existing or future Tree Assessment By Council Member Brady. a municipal department; now, there- District relating to downtown, is An emergency resolution with- fore, expressly not approved and shall be drawing objection to the transfer of Be it resolved by the Council of void. ownership of a D1, D2, D3, D3A and the City of Cleveland: Section 6. That the entire cost of D6 Liquor Permit at 13429 Lakewood Section 1. That objection to a C1 the Plan shall be specially assessed Heights Boulevard and repealing and C2 Liquor Permit to Willa G., by a percentage of the tax value of Resolution No. 2106-03, objecting to Inc., DBA Gene’s Corner Beverage, all lots and lands within the District said transfer. 8716 Cedar Avenue, Cleveland, Ohio which the lots and lands are deter- Whereas, this Council objected to 44106, Permanent Number 9619191-0005 mined to be specially benefited by the transfer of ownership of a D1, be and the same is hereby withdrawn the Plan in the amount equal to the D2, D3, D3A and D6 Liquor Permit and Resolution Nos. 1614-02 and 1289- amount specially assessed against to 13429 Lakewood Heights Boule- 03, containing such objection, be and each lot and land. The cost of the vard by Resolution No. 2106-03 adopt- the same is hereby repealed and that Plan shall include the cost of print- ed by the Council on October 27, this Council consents to the immedi- ing, serving, and publishing notices, 2003; and ate renewal thereof. resolutions, and ordinances, the Whereas, this Council wishes to Section 2. That this resolution is amount of damages resulting from withdraw its objection to the above hereby declared to be an emergency the Plan assessed in favor of any transfer and consents to said trans- measure and provided it receives the owner of land affected by the Plan fer based upon and pursuant to a co- affirmative vote of two-thirds of all and the interests thereon, the costs operation agreement by and through the members elected to Council, it incurred in connection with the City Council Representative, Dona shall take effect and be in force preparation, levy, and collection of Brady and Applicant, Brian Hub- immediately upon its adoption and the special assessments, the cost of bard, President of 2 Wolves, Inc., approval by the Mayor; otherwise, it purchasing, appropriating, and oth- 13429 Lakewood Heights Boulevard, shall take effect and be in force erwise acquiring any required real Cleveland, Ohio 44107, Permanent from and after the earliest period estate or interests therein, expenses Number 9116441, a copy of which is allowed by law. of legal services, the cost of all labor in the file for this address with the Adopted November 24, 2003. and materials, and all other neces- City Law Department; and Effective December 1, 2003. sary expenditures allowed by law. Whereas, this resolution consti- Section 7. That the assessments to tutes an emergency measure provid- be levied shall be paid when levied ing for the usual daily operation of in five annual installments. The a municipal department; now, there- Res. No. 2345-03. first annual installment of $300,000.00 fore, By Council Member Britt. shall be payable in cash within 30 Be it resolved by the Council of An emergency resolution with- days after passage of the City’s ordi- the City of Cleveland: drawing objection to the renewal of nance of assessment. All cash pay- Section 1. That objection to the a C2 and C2X Liquor Permit at 1930 ments remaining unpaid at the expi- transfer of ownership of a D1, D2, East 79th Street and repealing Res- ration of said 30 days shall be cer- D3, D3A and D6 Liquor Permit to olution No. 1613-02, objecting to said tified by the Clerk of this Council 13429 Lakewood Heights Boulevard renewal. 2727 20 The City Record December 3, 2003

Whereas, this Council objected to the members elected to Council, it Whereas, the applicant does not a C2 and C2X Liquor Permit to 1930 shall take effect and be in force qualify to be a permit holder and/or East 79th Street by Resolution No. immediately upon its adoption and has demonstrated that he has oper- 1613-02 adopted by the Council on approval by the Mayor; otherwise, it ated his liquor business in disregard August 14, 2002; and shall take effect and be in force of the laws, regulations or local Whereas, this Council wishes to from and after the earliest period ordinances of this state or any other withdraw its objection to the above allowed by law. state; and renewal and consents to said renew- Adopted November 24, 2003. Whereas, the place for which the al based upon and pursuant to a Effective December 1, 2003. permit is sought has not conformed cooperation agreement by and to the building, safety or health through City Council Representa- requirements of the governing body tive, Patricia J. Britt and Applicant, of this County or City; and Rosita Kutkut, President of Cas- Res. No. 2347-03. Whereas, the place for which the cians Corporation, Inc., DBA Quik By Council Member Rybka. permit is sought is so arranged or Pik Market, 1930 East 79th Street, An emergency resolution with- constructed that law enforcement Cleveland, Ohio 44103, Permanent drawing objection to the transfer of officers or agents of the Department Number 1302675, a copy of which is ownership of a C2 and C2X Liquor of Liquor Control are prevented rea- in the file for this address with the Permit at 5407 Fleet Avenue and sonable access to the establishment; City Law Department; and repealing Resolution No. 1572-03, and Whereas, this resolution consti- objecting to said permit. Whereas, the place for which the tutes an emergency measure provid- Whereas, this Council objected to permit is sought is so located with ing for the usual daily operation of a C2 and C2X Liquor Permit to 5407 respect to the neighborhood that it a municipal department; now, there- Fleet Avenue by Resolution No. substantially interferes with public fore, 1572-03 adopted by the Council on decency, sobriety, peace or good Be it resolved by the Council of August 13, 2003; and order; and the City of Cleveland: Whereas, this Council wishes to Whereas, this objection is based Section 1. That objection to a C2 withdraw its objection to the above on other legal grounds as set forth and C2X Liquor Permit to Cascians permit and consents to said permit in Revised Code Section 4303.292; Corporation, Inc., DBA Quik Pik based upon and pursuant to a coop- and Market, 1930 East 79th Street, Cleve- eration agreement by and through Whereas, this resolution consti- land, Ohio 44103, Permanent Number City Council Representative, Edward tutes an emergency measure provid- 1302675 be and the same is hereby W. Rybka and Applicant, Haifa ing for the immediate preservation withdrawn and Resolution No. 1613- Gharib Aridi, President of 5407 Fleet, of the public peace, prosperity, safe- 02, containing such objection, be and Inc., DBA Ghazi Market, 5407 Fleet ty and welfare pursuant to Section the same is hereby repealed and Avenue, Cleveland, Ohio 44105, Per- 4303.26 of the Ohio Revised Code. that this Council consents to the manent Number 2759396, a copy of Council’s objection to said permit immediate renewal thereof. which is in the file for this address must be received by the Director of Section 2. That this resolution is with the City Law Department and Liquor Control within 30 days of hereby declared to be an emergency Whereas, this resolution consti- notification; now, therefore, measure and provided it receives the tutes an emergency measure provid- Be it resolved by the Council of affirmative vote of two-thirds of all ing for the usual daily operation of the City of Cleveland: the members elected to Council, it a municipal department; now, there- Section 1. That Council does here- shall take effect and be in force fore, by record its objection to a New C1 immediately upon its adoption and Be it resolved by the Council of Liquor Permit at American Cash, approval by the Mayor; otherwise, it the City of Cleveland: Inc., DBA American Cash Exchange, shall take effect and be in force Section 1. That objection to a C2 14039 Lorain Avenue, Cleveland, from and after the earliest period and C2X Liquor Permit to 5407 Ohio 44111, Permanent Number allowed by law. Fleet, Inc., DBA Ghazi Market, 5407 01616470015 and requests the Direc- Adopted November 24, 2003. Fleet Avenue, Cleveland, Ohio 44105, tor of Liquor Control to set a hear- Effective December 1, 2003. Permanent Number 2759396 be and ing for said application in accor- the same is hereby withdrawn and dance with provisions of Section Resolution No. 1572-03, containing 4303.26 of the Revised Code of Ohio. such objection, be and the same is Section 2. That the Clerk of Coun- Res. No. 2346-03. hereby repealed and that this Coun- cil be and she is hereby directed to By Council Member Rybka. cil consents to the immediate permit transmit two certified copies of this An emergency resolution with- thereof. resolution, together with two copies drawing objection to a New C2 Section 2. That this resolution is of a letter of objection and two Liquor Permit at 4324 Warner Road hereby declared to be an emergency copies of a letter requesting that the and repealing Resolution No. 1563-03, measure and provided it receives the hearing be held in Cleveland, Cuya- objecting to said permit. affirmative vote of two-thirds of all hoga County. Whereas, this Council objected to the members elected to Council, it Section 3. That this resolution is a New C2 Liquor Permit to 4324 shall take effect and be in force hereby declared to be an emergency Warmer Road by Resolution No. immediately upon its adoption and measure and, provided it receives 1563-03 adopted by the Council on approval by the Mayor; otherwise, it the affirmative vote of two-thirds of August 13, 2003; and shall take effect and be in force all the members elected to Council, Whereas, this Council wishes to from and after the earliest period it shall take effect and be in force withdraw its objection to the above allowed by law. immediately upon its adoption and permit and consents to said permit; Adopted November 24, 2003. approval by the Mayor; otherwise, it and Effective December 1, 2003. shall take effect and be in force Whereas, this resolution consti- from and after the earliest period tutes an emergency measure provid- allowed by law. ing for the usual daily operation of Adopted November 24, 2003. a municipal department; now, there- Res. No. 2348-03. Effective December 1, 2003. fore, By Council Member Dolan. Be it resolved by the Council of An emergency resolution object- the City of Cleveland: ing to a New C1 Liquor Permit at Section 1. That objection to a New 14039 Lorain Avenue. Res. No. 2349-03. C2 Liquor Permit to Mizrah Zkout, Whereas, Council has been noti- By Council Member Cintron. Inc., DBA Tom’s Market, 4324 Warn- fied by the Department of Liquor An emergency resolution object- er Road, 1st Floor, Cleveland, Ohio Control of an application for a New ing to a New C1 Liquor Permit at 44105, Permanent Number 6069086- C1 Liquor Permit at American Cash, 3501 Lorain Avenue. 0005, be and the same is hereby Inc., DBA American Cash Exchange, Whereas, Council has been noti- withdrawn and Resolution No. 1563- 14039 Lorain Avenue, Cleveland, fied by the Department of Liquor 03, containing such objection, be and Ohio 44111, Permanent Number Control of an application for a New the same is hereby repealed and 01616470015; and C1 Liquor Permit at Ankoush, Inc., that this Council consents to the Whereas, the granting of this ap- DBA Gas USA Fulton, 3501 Lorain immediate permit thereof. plication for a liquor permit to this Avenue, Cleveland, Ohio 44113, Per- Section 2. That this resolution is high crime area, which is already manent Number 0222882; and hereby declared to be an emergency saturated with other liquor outlets, Whereas, the granting of this measure and provided it receives the is contrary to the best interests of application for a liquor permit to affirmative vote of two-thirds of all the entire community; and this high crime area, which is 2728 December 3, 2003 The City Record 21 already saturated with other liquor Whereas, the granting of this C2X Liquor Permit 891 Lakeview, outlets, is contrary to the best inter- application for a liquor permit to Inc., 891 Lakeview Road, 1st Floor, ests of the entire community; and this high crime area, which is Cleveland, Ohio 44108, Permanent Whereas, the applicant does not already saturated with other liquor Number 2456307 to Lakeview Food qualify to be a permit holder and/or outlets, is contrary to the best inter- Enterprises, Inc., DBA In & Out Bev- has demonstrated that he has oper- ests of the entire community; and erage, 891 Lakeview Road, 1st Floor, ated his liquor business in disregard Whereas, the applicant does not Cleveland, Ohio 44108, Permanent of the laws, regulations or local qualify to be a permit holder and/or Number 4980548; and ordinances of this state or any other has demonstrated that he has oper- Whereas, the granting of this state; and ated his liquor business in disregard application for a liquor permit to Whereas, the place for which the of the laws, regulations or local this high crime area, which is permit is sought has not conformed ordinances of this state or any other already saturated with other liquor to the building, safety or health state; and outlets, is contrary to the best inter- requirements of the governing body Whereas, the place for which the ests of the entire community; and of this County or City; and permit is sought has not conformed Whereas, the applicant does not Whereas, the place for which the to the building, safety or health qualify to be a permit holder and/or permit is sought is so arranged or requirements of the governing body has demonstrated that he has oper- constructed that law enforcement of this County or City; and ated his liquor business in disregard officers or agents of the Department Whereas, the place for which the of the laws, regulations or local of Liquor Control are prevented rea- permit is sought is so arranged or ordinances of this state or any other sonable access to the establishment; constructed that law enforcement state; and and officers or agents of the Department Whereas, the place for which the Whereas, the place for which the of Liquor Control are prevented rea- permit is sought has not conformed permit is sought is so located with sonable access to the establishment; to the building, safety or health respect to the neighborhood that it and requirements of the governing body substantially interferes with public Whereas, the place for which the of this County or City; and decency, sobriety, peace or good permit is sought is so located with Whereas, the place for which the order; and respect to the neighborhood that it permit is sought is so arranged or Whereas, this objection is based substantially interferes with public constructed that law enforcement on other legal grounds as set forth decency, sobriety, peace or good officers or agents of the Department in Revised Code Section 4303.292; order; and of Liquor Control are prevented rea- and Whereas, this objection is based sonable access to the establishment; Whereas, this resolution consti- on other legal grounds as set forth and tutes an emergency measure provid- in Revised Code Section 4303.292; Whereas, the place for which the ing for the immediate preservation and permit is sought is so located with of the public peace, prosperity, safe- Whereas, this resolution consti- respect to the neighborhood that it ty and welfare pursuant to Section tutes an emergency measure provid- substantially interferes with public 4303.26 of the Ohio Revised Code. ing for the immediate preservation decency, sobriety, peace or good Council’s objection to said permit of the public peace, prosperity, safe- order; and must be received by the Director of ty and welfare pursuant to Section Whereas, this objection is based Liquor Control within 30 days of 4303.26 of the Ohio Revised Code. on other legal grounds as set forth notification; now, therefore, Council’s objection to said permit in Revised Code Section 4303.292; Be it resolved by the Council of must be received by the Director of and the City of Cleveland: Liquor Control within 30 days of Whereas, this resolution consti- Section 1. That Council does here- notification; now, therefore, tutes an emergency measure provid- by record its objection to a New C1 Be it resolved by the Council of ing for the immediate preservation Liquor Permit at Ankoush, Inc., the City of Cleveland: of the public peace, prosperity, safe- DBA Gas USA Fulton, 3501 Lorain Section 1. That Council does here- ty and welfare pursuant to Section Avenue, Cleveland, Ohio 44113, Per- by record its objection to a New C1 4303.26 of the Ohio Revised Code. manent Number 0222882 and re- Liquor Permit at Super Drive Thru, Council’s objection to said permit quests the Director of Liquor Con- Inc., 11625 Superior Avenue, Cleve- must be received by the Director of trol to set a hearing for said appli- land, Ohio 44106, Permanent Number Liquor Control within 30 days of cation in accordance with provisions 8699981 and requests the Director of notification; now, therefore, of Section 4303.26 of the Revised Liquor Control to set a hearing for Be it resolved by the Council of Code of Ohio. said application in accordance with the City of Cleveland: Section 2. That the Clerk of Coun- provisions of Section 4303.26 of the Section 1. That Council does here- cil be and she is hereby directed to Revised Code of Ohio. by record its objection to the trans- transmit two certified copies of this Section 2. That the Clerk of Coun- fer of ownership of a C2 and C2X resolution, together with two copies cil be and she is hereby directed to Liquor Permit at 891 Lakeview, Inc., of a letter of objection and two transmit two certified copies of this 891 Lakeview Road, 1st Floor, Cleve- copies of a letter requesting that the resolution, together with two copies land, Ohio 44108, Permanent Number hearing be held in Cleveland, Cuya- of a letter of objection and two 2456307 to Lakeview Food Enter- hoga County. copies of a letter requesting that the prises, Inc., DBA In & Out Beverage, Section 3. That this resolution is hearing be held in Cleveland, Cuya- 891 Lakeview Road, 1st Floor, Cleve- hereby declared to be an emergency hoga County. land, Ohio 44108, Permanent Number measure and, provided it receives Section 3. That this resolution is 4980548; and requests the Director of the affirmative vote of two-thirds of hereby declared to be an emergency Liquor Control to set a hearing for all the members elected to Council, measure and, provided it receives said application in accordance with it shall take effect and be in force the affirmative vote of two-thirds of provisions of Section 4303.26 of the immediately upon its adoption and all the members elected to Council, Revised Code of Ohio. approval by the Mayor; otherwise, it it shall take effect and be in force Section 2. That the Clerk of Coun- shall take effect and be in force immediately upon its adoption and cil be and she is hereby directed to from and after the earliest period approval by the Mayor; otherwise, it transmit two certified copies of this allowed by law. shall take effect and be in force resolution, together with two copies Adopted November 24, 2003. from and after the earliest period of a letter of objection and two Effective December 1, 2003. allowed by law. copies of a letter requesting that the Adopted November 24, 2003. hearing be held in Cleveland, Cuya- Effective December 1, 2003. hoga County. Section 3. That this resolution is Res. No. 2350-03. hereby declared to be an emergency By Council Member Conwell. measure and, provided it receives An emergency resolution object- Res. No. 2351-03. the affirmative vote of two-thirds of ing to a New C1 Liquor Permit at By Council Member Conwell. all the members elected to Council, 11625 Superior Avenue. An emergency resolution object- it shall take effect and be in force Whereas, Council has been noti- ing to the transfer of ownership of immediately upon its adoption and fied by the Department of Liquor a C2 and C2X Liquor Permit to 891 approval by the Mayor; otherwise, it Control of an application for a New Lakeview Road, 1st Floor. shall take effect and be in force C1 Liquor Permit at Super Drive Whereas, Council has been noti- from and after the earliest period Thru, Inc., 11625 Superior Avenue, fied by the Department of Liquor allowed by law. Cleveland, Ohio 44106, Permanent Control of an application for the Adopted November 24, 2003. Number 8699981; and transfer of ownership of a C2 and Effective December 1, 2003. 2729 22 The City Record December 3, 2003

Res. No. 2356-03. sure and, provided it receives the measure and, provided it receives By Council Member Coats. affirmative vote of two-thirds of all the affirmative vote of two-thirds of An emergency resolution urging the members elected to Council, it all the members elected to Council, the Public Utilities Commission of shall take effect and be in force it shall take effect and be in force Ohio to reject the FirstEnergy Rate immediately upon its adoption and immediately upon its adoption and Stabilization Plan as proposed; to approval by the Mayor; otherwise it approval by the Mayor; otherwise, it reject any proposal that will harm shall take effect and be in force shall take effect and be in force government aggregation programs; from and after the earliest period from and after the earliest period and to extend the timetable for its allowed by law. allowed by law. decision to allow all parties a full Adopted November 24, 2003. Adopted November 24, 2003. and fair opportunity to analyze Effective December 1, 2003. Effective December 1, 2003. FirstEnergy’s proposal and to par- ticipate in the proceedings. Whereas, FirstEnergy submitted a Rate Stabilization Plan to the Pub- Res. No. 2357-03. Res. No. 2358-03. lic Utilities Commission of Ohio By Council Member Coats. By Council Members Westbrook (“the Commission”) on October 21, An emergency resolution urging and Coats. 2003; and the Administration to require that An emergency resolution urging Whereas, FirstEnergy’s plan would all government facilities and oper- President Bush to act now to jump either subject its customers’ elec- ations energy consumption consist start the economy by immediately tricity needs to a flawed competitive of at least 5% of renewable ener- empowering his manufacturing Czar auction process or freeze the cus- gy resources and to develop a to help save our cities. tomers’ present high-cost rates for strategic energy management plan Whereas, many cities facing debil- an additional three years, from Jan- with specific goals for achieving itating budget deficits rely on the uary 1, 2006, to December 31, 2008, energy efficiency improvements in income tax for the majority of their and permit FirstEnergy to continue all government facilities and oper- operational revenues; and collecting the present charge for so- ations. Whereas, cities such as Cleveland called generation “stranded costs” Whereas, cities cannot continue are viable and healthy when resi- that was scheduled to end December to solely rely on fossil fuels, such dents have jobs; and 31, 2005; and as coal, natural gas, and nuclear Whereas, once the heart of rust- Whereas, the high cost of power fuel, for their energy consumption; belt vitality, the manufacturing in northeast Ohio contributes to the and industry has increasingly become a loss of businesses, jobs, and tax rev- Whereas, strictly relying on fossil forgotten economic resource, leaving enues for the City, and causes great fuels for energy consumption has hundreds of thousands of manufac- hardship to the City’s residents, dramatically reduced the supply of turing workers without jobs in the many of whom have low to moder- these natural resources, heavily pol- last ten years and cities without the ate incomes and are on fixed luted our atmosphere, and substan- needed income tax revenue; and incomes; and tially raised overall energy costs; Whereas, every on manufacturing Whereas, the FirstEnergy plan and job generates three additional ser- would severely restrict and possibly Whereas, harnassing renewable vice jobs; and eliminate the City’s electric aggre- energy resources, such as wind and Whereas, rust-belt cities like gation program, which has saved solar power, will provide the same Cleveland and Pittsburgh may be the City’s Cleveland Electric Illumi- level of energy services, save bitter football rivals on Sundays, but nating Company (CEI) customers money, and protect the environment; remain intimately joined in their approximately $3,500,000 since 2001; and fight for retaining and creating and Whereas, cities, like Austin, Seat- these needed manufacturing jobs Whereas, the City’s electric ag- tle, Chicago, and Oakland, have the rest of the week; and gregation program is the only alter- made similar commitments to using Whereas, President Bush used native to CEI for many City cus- renewable energy in their govern- Labor Day, 2003 and Cleveland as tomers who cannot be served by ment facilities and operations; and a platform to announce that he Cleveland Public Power; and Whereas, developing a strategic would create a manufacturing czar Whereas, the Commission has energy management plan will im- to revitalize the manufacturing scheduled its hearing on this impor- prove energy use, save money, and base and create more blue-collar tant matter for December 17, 2003, a support the city’s commitment to jobs; and timetable that will make it impossi- renewable energy; and Whereas, our City’s survival is ble for the customers, their repre- Whereas, cities, like Portland, linked to the manufacturing indus- sentatives, other affected parties, Phoenix, Minneapolis, Memphis, and try, which is worth as much, or and the Commission itself to deter- Philadelphia, have also developed more, than the $87 billion the Pres- mine whether the plan serves the their own strategic energy manage- ident is spending on the War in best interests of the customers; and ment plans that have greatly scaled Iraq; and Whereas, this resolution consti- back their energy use and generat- Whereas, this resolution consti- tutes an emergency measure provid- ed millions of dollars in savings for tutes an emergency measure for the ing for the usual daily operation of these cities; and immediate preservation of public a municipal department; now, there- Whereas, this Council urges the peace, property, health or safety, fore, Administration to commit to using now, therefore, Be it resolved by the Council of renewable energy and to developing Be it resolved by the Council of the City of Cleveland: a strategic energy management plan the City of Cleveland: Section 1. That this Council op- for the city; and Section 1. That this Council here- poses the FirstEnergy Rate Stabi- Whereas, this resolution consti- by urges President Bush to act now lization Plan as proposed; that this tutes an emergency measure for the to jump start the economy by Council urges the Commission to immediate preservation of public immediately empowering his man- reject any FirstEnergy proposal peace, property, health, or safety, ufacturing czar to help save our that will harm government aggre- now, therefore, cities. gation programs; and that this Coun- Be it resolved by the Council of Section 2. That the Clerk of Coun- cil urges the Commission to extend the City of Cleveland: cil is hereby directed to transmit a the hearing process to afford all Section 1. Urging the Administra- certified copy of this resolution to interested persons a full and fair tion to require that all government the President of the United States. opportunity to analyze FirstEner- facilities and operations energy con- Section 3. That this resolution is gy’s plan and to participate in the sumption consist of at least 5% of hereby declared to be an emergency Commission’s proceedings to deter- renewable energy resources and to measure and, provided it receives mine whether the plan serves the develop a strategic energy manage- the affirmative vote of two-thirds of best interests of FirstEnergy’s cus- ment plan with specific goals for all the members elected to Council, tomers. achieving energy efficiency im- it shall take effect and be in force Section 2. The Clerk is directed to provements in all government facil- immediately upon its adoption and transmit copies of this resolution to ities and operations. approval by the Mayor; otherwise it the Chairman and each member of Section 2. The Clerk is directed to shall take effect and be in force the Commission, and to all parties transmit copies to the Director of from and after the earliest period participating in the proceeding. Public Utilities. allowed by law. Section 3. That this resolution is Section 3. That this resolution is Adopted November 24, 2003. declared to be an emergency mea- hereby declared to be an emergency Effective December 1, 2003. 2730 December 3, 2003 The City Record 23

Res. No. 2359-03. Section 3. That the Clerk of Coun- affirmative vote of two-thirds of all By Council Members Cimperman, cil is hereby directed to transmit the members elected to Council, it Jackson, Jones, Coats and Johnson. copies of this resolution to each shall take effect and be in force An emergency resolution recog- member of the O’Jays, Terry Stew- immediately upon its passage and nizing the O’Jays for their out- art, Director, Rock and Roll Hall of approval by the Mayor; otherwise it standing musical accomplishments Fame Museum and the Rock and shall take effect and be in force and supporting the induction of the Roll Hall of Fame Foundation. from and after the earliest period O’Jays into the Rock and Roll Hall Section 4. That this resolution is allowed by law. of Fame Museum. hereby declared to be an emergency Passed November 24, 2003. Whereas, in the late 1950’s, Eddie measure and, provided it receives Effective December 1, 2003. Levert, Walter Williams, William the affirmative vote of two-thirds of Powell, Bobby Massey and Bill Isles all the members elected to Council, formed a quintet called the Tri- it shall take effect and be in force umphs of McKinley High School in immediately upon its adoption and Ord. No. 2307-03. Canton, Ohio; and approval by the Mayor; otherwise, it By Council Members Coats and Whereas, this group became shall take effect and be in force Jackson (by departmental request). known as the Mascots and was later from and after the earliest period An emergency ordinance to amend renamed the O’Jays after legendary allowed by law. Sections 1 and 2 of Ordinance No. radio D.J., Eddie O’Jay; and Adopted November 24, 2003. 2451-02, passed April 14, 2003, relat- Whereas, in 1963, the O’Jays signed Effective December 1, 2003. ing to replacing water mains and a contract with Imperial Records and making various sewer repairs on the the band quickly achieved their first Euclid Corridor. hit, Lonely Drifter; and Whereas, this ordinance consti- Whereas, after a string of hit sin- Ord. No. 2303-03. tutes an emergency measure provid- gles, the O’Jays debut album Comin’ By Council Member Jackson (by ing for the usual daily operation of Through was released in 1965; and departmental request). a municipal department; now, there- Whereas, the group released one An emergency ordinance to amend fore more album, Soul Sounds, before the title, Section 1, and Section 2 of Be it ordained by the Council of they met songwriters and producers, Ordinance No. 892-03, passed June 11, the City of Cleveland: Kenny Gamble and Leon Huff, in 2003, relating to a contract for data Section 1. That Sections 1 and 2 of 1967; and entry services. Ordinance No. 2451-02, passed April 14, Whereas, the group started re- Whereas, this ordinance consti- 2003, are amended to read as follows: cording on Gamble and Huff’s Nep- tutes an emergency measure provid- Section 1. That, under Section 167 tune label as a quartet after the ing for the usual daily operation of of the Charter of the City of Cleve- departure of Bill Isles in 1967; and a municipal department; now, there- land, the Council determines to Whereas, Bobby Massey left the fore make the public improvement of group in 1972 and the trio united Be it ordained by the Council of replacing water mains and making with Gamble and Huff on Philadel- the City of Cleveland: various sewer repairs on the Euclid phia International Records label to Section 1. That the title, Section 1, Corridor, for the Divisions of Water record some of the best R&B pop and Section 2 of Ordinance No. 892- and Water Pollution Control, Depart- hits ever; and 03, passed June 11, 2003, are amend- ment of Public Utilities, by one or Whereas, during this time, the ed to read as follows: more contracts let to the lowest O’Jays became known as one of the An emergency ordinance authoriz- responsible bidder after competitive best bands in the world; and ing the purchase by one or more bidding on a unit basis for the Whereas, the 1970’s was truly the requirement contracts of data entry improvement. decade of the O’Jays; and services, for the Division of Taxa- Section 2. That the Director of Whereas, from 1972 through 1978, tion, Department of Finance. Public Utilities is authorized to the O’Jays recorded eight No. 1 R&B Section 1. That the Director of enter into one or more contracts for singles; and Finance is authorized to make one the making of the above public Whereas, during this period the or more written requirement con- improvement with the lowest band also had five albums that went tracts under the Charter and the responsible bidder after competitive gold and three that went platinum; and Codified Ordinances of Cleveland, bidding for a gross price for the Whereas, during this period of Ohio, 1976, for the requirements for improvement provided, however, that successes, the O’Jays also faced one the period of one year of the neces- each separate trade and each dis- of their darkest moments as William sary items of data entry services, in tinct component part of the im- Powell, a founding member of the the approximate amount as pur- provement may be treated as a sep- band, was forced to leave the band chased during the preceding term, to arate improvement, and each, or any because of terminal cancer; and be purchased by the Commissioner combination, of the trades or com- Whereas, Sammy Strain became of Purchases and Supplies on a unit ponents may be the subject of a sep- William Powell’s replacement; and basis for the Division of Taxation, arate contract on a unit basis. Whereas, the O’Jays were able to Department of Finance. Bids shall Section 2. That Sections 1 and 2 of overcome the loss of one of their be taken in a manner that permits Ordinance No. 2451-02, passed April founding members to cancers and an award to be made for all items 14, 2003, are repealed. continued to release hits through as a single contract, or by separate Section 3. That this ordinance is the 1980’s and 1990’s; and contract for each or any combina- declared to be an emergency mea- Whereas, today, the band contin- tion of the items as the Board of sure and, provided it receives the ues to perform and bring joy to old Control determines. Alternate bids affirmative vote of two-thirds of all and new fans; and for a period less than the specified the members elected to Council, it Whereas, this Council takes great term may be taken if desired by the shall take effect and be in force pride in recognizing the O’Jays for Commissioner of Purchases and Sup- immediately upon its passage and their outstanding accomplishments plies until provision is made for the approval by the Mayor; otherwise it and achievements during the course requirements for the entire term. shall take effect and be in force of their illustrious career which Section 2. That the costs of the from and after the earliest period encompasses more than 40 years; and contract or contracts shall be allowed by law. Whereas, this resolution consti- charged against the proper appro- Passed November 24, 2003. tutes an emergency measure for the priation accounts and the Director Effective December 1, 2003. immediate preservation of public of Finance shall certify the amount peace, property, health, or safety, of the initial purchase, which pur- now, therefore, chase, together with all later pur- Be it resolved by the Council of chases, shall be made on order of Ord. No. 2318-03. the City of Cleveland: the Commissioner of Purchases and By Council Members Coats and Section 1. That this Council is hon- Supplies under a requisition against Jackson (by departmental request). ored to recognize the O’Jays for the contract or contracts certified by An emergency ordinance authoriz- their outstanding musical accom- the Director of Finance. (RL 129369) ing the Director of Public Utilities plishments made possible by their Section 2. That the existing title, to lease property from Penton unique vocal style and showman- Section 1, and Section 2 of Ordinance Media, Inc. for office space located ship. No. 892-03, passed June 11, 2003, are on the fourth floor of the Penton Section 2. That this Council sup- repealed. Media Building to provide office ports the induction of the O’Jays Section 3. That this ordinance is space for the Citywide GIS project into the Rock and Roll Hall of Fame declared to be an emergency mea- and the Division of Water’s ITS Museum in Cleveland, Ohio. sure and, provided it receives the staff, and authorizing a lease with 2731 24 The City Record December 3, 2003

Standard Parking, Inc. for the lease necessary or appropriate to effect rized to enter into an agreement of parking spaces, for terms of three the leases authorized by Sections 1 with the Cleveland Restoration years each, with one option to renew and 2 of this ordinance. Society for the Heritage Home for an additional one-year consecu- Section 8. That the Director of Loan Program for the public pur- tive term; and authorizing the pur- Public Utilities is authorized to pose of providing affordable loans chase by one or more requirement make one or more written require- to Cleveland residents to promote contracts of equipment, supplies, ment contracts under the Charter the restoration and preservation of services, moving expenses, and and the Codified Ordinances of historic homes in the City of Cleve- other items necessary to implement Cleveland, Ohio, 1976, for the re- land through the use of Wards 11, the project. quirements for the period of three 16, 18, 19, and 21 Neighborhood Whereas, the City of Cleveland years, with one (1) option exercis- Equity Funds. requires certain property located on able by the Director of Public Util- Section 2. That the cost of said the fourth floor of the Penton Media ities, to renew for an additional contract shall be in an amount not Building, 1300 East 9th Street for one-year consecutive term, of the to exceed $75,000 and shall be paid the public purpose of providing necessary items of equipment, sup- from Fund No. 10 SF 166. office space for the Citywide GIS plies, services, moving expenses, Section 3. That the Director of project and the Division of Water’s and other items necessary to imple- Law shall prepare and approve said ITS staff; and ment the project, in the ap- contract and that the contract shall Whereas, the City of Cleveland proximate amount as purchased contain such terms and provisions also requires certain parking areas during the preceding term, to be as he deems necessary to protect the for those employees; and purchased by the Commissioner of City’s interest. Whereas, this ordinance consti- Purchases and Supplies on a unit Section 4. That this ordinance is tutes an emergency measure provid- basis for the Department of Public hereby declared to be an emergency ing for the usual daily operation of Utilities. Bids shall be taken in a measure and, provided it receives a municipal department; now, there- manner that permits an award to be the affirmative vote of two-thirds of fore made for all items as a single con- all the members elected to Council, Be it ordained by the Council of tract, or by separate contract for it shall take effect and be in force the City of Cleveland: each or any combination of the immediately upon its passage and Section 1. That notwithstanding items as the Board of Control deter- approval by the Mayor; otherwise it and as an exception to the provisions mines. Alternate bids for a period shall take effect and be in force of Chapters 181 and 183 of the Codi- less than the specified term may be from and after the earliest period fied Ordinances of Cleveland, Ohio, taken if desired by the Commis- allowed by law. 1976, the Director of Public Utilities sioner of Purchases and Supplies Passed November 24, 2003. is authorized to lease from Penton until provision is made for the Effective December 1, 2003. Media, Inc., certain property more requirements for the entire term. fully described as follows: approxi- Section 9. That the costs of the mately 28,766 square feet of office leases authorized in Sections 1 and space located on the fourth floor of 2 of this ordinance and the require- Ord. No. 2342-03. the Penton Media Building at 1300 ment contract or contracts shall be By Council Member Conwell. East 9th Street, Cleveland, Ohio. paid from Fund Nos. 52 SF 001, 52 An emergency ordinance authoriz- Section 2. That notwithstanding SF 223, 52 SF 225, 52 SF 227, 52 SF ing the Director of Community and as an exception to the provi- 229, 52 SF 231, from the fund or Development to enter into an agree- sions of Chapters 181 and 183 of the funds which are credited the pro- ment with the Northeast Neighbor- Codified Ordinances of Cleveland, ceeds of the sale of future water- hood Development Corporation for Ohio, 1976, the Director of Public works revenue bonds, and also the Ashbury Senior Computer Com- Utilities is authorized to lease from charged against the proper appro- munity Center Program through the priation accounts and the Director Standard Parking, Inc., or its suc- use of Ward 9 Neighborhood Equity cessor in interest, certain property of Finance shall certify the amount Funds. more fully described as follows: of the initial purchase, which pur- Whereas, this ordinance consti- approximately 48 parking spaces chase, together with all later pur- tutes an emergency measure provid- located at Standard Parking, Inc.’s chases, shall be made on order of ing for the usual daily operation of parking facility at 1300 East 9th the Commissioner of Purchases and a municipal department; now, there- Street, Cleveland, Ohio. Supplies under a requisition against fore Section 3. That the terms of the the contract or contracts certified by Be it ordained by the Council of leases authorized in Sections 1 and the Director of Finance. (RL 143088) the City of Cleveland: 2 of this ordinance shall be for three Section 10. That this ordinance is Section 1. years, with one (1) option exercis- declared to be an emergency mea- That the Director of able by the Director of Public Util- sure and, provided it receives the Community Development is autho- ities, to renew for an additional one- affirmative vote of two-thirds of all rized to enter into an agreement year consecutive term. the members elected to Council, it effective October 1, 2003 to March 30, Section 4. That the rent for the shall take effect and be in force 2004 with the Northeast Neighbor- leases authorized in Sections 1 and immediately upon its passage and hood Development Corporation for 2 of this ordinance shall not exceed approval by the Mayor; otherwise it the Ashbury Senior Computer Com- $1,582,130.00 and $391,680.00 respec- shall take effect and be in force munity Center Program for the pub- tively, exclusive of utilities. from and after the earliest period lic purpose of providing computer Section 5. That the lease described allowed by law. classes to Cleveland residents in Section 1 of this ordinance may Passed November 24, 2003. through the use of Ward 9 Neigh- authorize the City to make and/or Effective December 1, 2003. borhood Equity Funds. reimburse Penton Media, Inc. or its Section 2. That the cost of said designee for tenant improvements to contract shall be in an amount not the leased premises under terms to to exceed $16,750 and shall be paid be determined by the parties con- Ord. No. 2341-03. from Fund No. 10 SF 166. sistent with the public purpose of By Council Members Brady, Dolan, Section 3. That the Director of providing office space for the City- Polensek, O’Malley and Westbrook Law shall prepare and approve said wide GIS project and the Division of An emergency ordinance authoriz- contract and that the contract shall Water’s ITS staff. ing the Director of Community contain such terms and provisions Section 6. That the lease described Development to enter into an agree- as he deems necessary to protect the in Section 1 of this ordinance may ment with the Cleveland Restoration City’s interest. provide for the City’s payment of Society for the Heritage Home Loan Section 4. That this ordinance is appropriate utility and other operat- Program through the use of Ward hereby declared to be an emergency ing costs of the leased premises and 11, 16, 18, 19, 21 Neighborhood Equi- measure and, provided it receives the Director of Public Utilities is ty Funds. the affirmative vote of two-thirds of authorized to pay for appropriate Whereas, this ordinance consti- all the members elected to Council, utility and other operating costs of tutes an emergency measure provid- it shall take effect and be in force the leased premises. ing for the usual daily operation of immediately upon its passage and Section 7. That the Director of a municipal department; now, there- approval by the Mayor; otherwise it Public Utilities and the Director of fore shall take effect and be in force Law, and other appropriate City offi- Be it ordained by the Council of from and after the earliest period cials, are authorized to execute such the City of Cleveland: allowed by law. other documents and certificates, Section 1. That the Director of Passed November 24, 2003. and take other actions as may be Community Development is autho- Effective December 1, 2003. 2732 December 3, 2003 The City Record 25

Ord. No. 2352-03. By Council Member Jackson (by departmental request). An emergency ordinance to make additional appropriations of Ten Million Dollars ($10,000,000) of the General Fund, Ten Million Four Hundred Twenty Three Thousand Eight Hundred Seventeen Dollars ($10,423,817) of the Special Revenue Funds and Four Hundred Thousand Dollars ($400,000) of the Enterprise Funds. Whereas, there remains an unappropriated balance in the various funds, the sum of Twenty Million Eight Hun- dred Twenty Three Thousand Eight Hundred Seventeen Dollars ($20,823,817) which is available for additional appropriation; 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 there is hereby appropriated the additional revenue as set forth in the Amended Certificate of Estimated Resources, that, provided the Director of Finance obtains an amended Certificate that includes the fol- lowing amount:

GENERAL FUND $10,000,000 SPECIAL REVENUE FUNDS $10,423,817 ENTERPRISE FUNDS $ 400,000 TOTAL ALL FUNDS $20,823,817

GENERAL FUND

NON-DEPARTMENTAL Other Administrative $ 10,000,000 I Personnel and Related Expenses $ 10,000,000

TOTAL NON-DEPARTMENTAL $ 10,000,000 $ 10,000,000

TOTAL GENERAL FUND $ 10,000,000 $ 10,000,000

SPECIAL REVENUE FUNDS

Street Construction, Maintenance & Repair Fund $ 673,817 I Personnel and Related Expenses $ 536,371 II Other Expenses $ 137,446

Rainy Day Fund $ 3,650,000 II Other Expenses $ 3,650,000

Reserve Fund $ 6,100,000 II Other Expenses $ 6,100,000

TOTAL SPECIAL REVENUE FUNDS $ 10,423,817 $ 10,423,817

ENTERPRISE FUNDS

DEPARTMENT OF PUBLIC UTILITIES

Division of Water Pollution Control $ 400,000 II Other Expenses $ 400,000

TOTAL DEPARTMENT OF PUBLIC UTILITIES $ 400,000 $ 400,000

TOTAL ENTERPRISE FUNDS $ 400,000 $ 400,000

TOTAL ALL FUNDS $ 20,823,817 $ 20,823,817

Section 2. 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 pas- sage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed November 24, 2003. Effective November 25, 2003.

Ord. No. 2353-03. By Council Member Jackson (by departmental request). An emergency ordinance to make temporary appropriation for the current payrolls and other ordinary expens- es of the City of Cleveland for the period from January 1, 2004 until the effective date of the annual appropria- tion ordinance for the fiscal year ending December 31, 2004. Whereas, it is desired to postpone the passage of the annual appropriation ordinance until the amended cer- tificate is received, based on the actual balances as the same may be determined by the Director of Finance and the County Budget Commission; and 2733 26 The City Record December 3, 2003

Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That to provide for the current payrolls, sinking fund and other ordinary expenses of the City of Cleveland for the period from January 1, 2004, until the effective date of the annual appropriation ordinance for the fiscal year ending December 31, 2004, there is appropriated for the period from January 1, 2004, to the effec- tive date of the annual appropriation ordinance the sum of Four Hundred Fifty Million Five Hundred Ninety- Eight Thousand and Seven Dollars ($450,598,007) out of taxes due the City of Cleveland and any other revenues accrued or occurring during the period of time and the funds are appropriated as follows:

GENERAL FUND

LEGISLATIVE BRANCH

Council and Clerk of Council $1,850,127 I. Personnel and Related Expenses $1,351,163 II. Other Expenses $498,964

—————— TOTAL LEGISLATIVE BRANCH $1,850,127

JUDICIAL BRANCH Judicial Division $7,527,346 I. Personnel and Related Expenses $5,327,346 II. Other Expenses $2,200,000

Housing Division $897,838 I. Personnel and Related Expenses $806,189 II. Other Expenses $91,649

Clerks Division $3,266,765 I. Personnel and Related Expenses $2,410,882 II. Other Expenses $855,883 —————— TOTAL JUDICIAL BRANCH $11,691,949

EXECUTIVE BRANCH Office of the Mayor $712,790 I. Personnel and Related Expenses $597,981 II. Other Expenses $114,809

DEPARTMENT OF PUBLIC SAFETY

Public Safety Administration $967,797 I. Personnel and Related Expenses $811,361 II. Other Expenses $156,436

Division of Police $54,091,100 I. Personnel and Related Expenses $49,975,100 II. Other Expenses $4,116,000

Division of Fire $23,009,978 I. Personnel and Related Expenses $21,836,000 II. Other Expenses $1,173,978

Emergency Medical Services $6,451,630 I. Personnel and Related Expenses $5,656,118 II. Other Expenses $795,512

Division of Dog Pound $306,107 I. Personnel and Related Expenses $245,716 II. Other Expenses $60,391

—————— TOTAL DEPARTMENT OF PUBLIC SAFETY $84,826,612

Community Relations Board $280,909 I. Personnel and Related Expenses $239,359 II. Other Expenses $41,550

Department of Consumer Affairs $112,374 I. Personnel and Related Expenses $74,926 II. Other Expenses $37,448 2734 December 3, 2003 The City Record 27

DEPARTMENT OF PUBLIC SERVICE

Public Service Administration $162,098 I. Personnel and Related Expenses $157,022 II. Other Expenses $5,076

Division of Architecture $214,785 I. Personnel and Related Expenses $203,838 II. Other Expenses $10,947

Waste Collection and Disposal $8,935,495 I. Personnel and Related Expenses $4,700,981 II. Other Expenses $4,234,514

Engineering and Construction $1,546,036 I. Personnel and Related Expenses $1,379,014 II. Other Expenses $167,022

Division of Traffic Engineering $1,233,807 I. Personnel and Related Expenses $804,973 II. Other Expenses $428,834

—————— TOTAL DEPARTMENT OF PUBLIC SERVICE $12,092,221

DEPARTMENT OF PARKS, RECREATION, AND PROPERTIES

Parks, Recreation, and Properties Admin $240,465 I. Personnel and Related Expenses $177,777 II. Other Expenses $62,688

Research, Planning, and Development $234,165 I. Personnel and Related Expenses $210,607 II. Other Expenses $23,558

Division of Recreation $3,848,530 I. Personnel and Related Expenses $2,684,517 II. Other Expenses $1,164,013

Parking Facilities-On Street $319,371 I. Personnel and Related Expenses $301,900 II. Other Expenses $17,471

Division of Property Management $2,657,441 I. Personnel and Related Expenses $1,891,683 II. Other Expenses $765,758

Park Maintenance and Properties $4,166,242 I. Personnel and Related Expenses $2,708,423 II. Other Expenses $1,457,819

—————— TOTAL DEPARTMENT OF PARKS, RECREATION, AND PROPERTIES $11,466,214

DEPARTMENT OF COMMUNITY DEVELOPMENT

Division of Administrative Services $854,631 I. Personnel and Related Expenses $808,631 II. Other Expenses $46,000

Director’s Office $162,973 I. Personnel and Related Expenses $162,973 II. Other Expenses ——

Division of Neighborhood Development $746,261

I. Personnel and Related Expenses $666,261 II. Other Expenses $80,000

Division of Neighborhood Services $421,907 I. Personnel and Related Expenses $421,907

—————— TOTAL COMMUNITY DEVELOPMENT $2,185,772 2735 28 The City Record December 3, 2003

DEPARTMENT OF BUILDING AND HOUSING Director’s Office $611,908 I. Personnel and Related Expenses $442,975 II. Other Expenses $168,933

Division of Code Enforcement $1,548,591 I. Personnel and Related Expenses $1,493,296 II. Other Expenses $55,295

Division of Construction Permitting $1,244,483 I. Personnel and Related Expenses $1,205,035 II. Other Expenses $39,448 —————— TOTAL DEPARTMENT OF BUILDING AND HOUSING $3,404,982

Landmarks Commission $54,146 I. Personnel and Related Expenses $50,209 II. Other Expenses $3,937

Board of Building Standards and Appeals $35,217 I. Personnel and Related Expenses $29,319 II. Other Expenses $5,898

Board of Zoning Appeals $90,620 I. Personnel and Related Expenses $84,920 II. Other Expenses $5,700

Economic Development $353,464 I. Personnel and Related Expenses $336,869 II. Other Expenses $16,595

Office of Equal Opportunity $211,341 I. Personnel and Related Expenses $196,537 II. Other Expenses $14,804

City Planning Commission $470,426 I. Personnel and Related Expenses $441,291 II. Other Expenses $29,135

DEPARTMENT OF PUBLIC HEALTH

Health Administration $244,367 I. Personnel and Related Expenses $193,285 II. Other Expenses $51,082

Division of Corrections $2,032,914 I. Personnel and Related Expenses $1,533,813 II. Other Expenses $499,101

Division of Health $1,057,200 I. Personnel and Related Expenses $680,749 II. Other Expenses $376,451

Division of Environment $411,419 I. Personnel and Related Expenses $296,963 II. Other Expenses $114,456

Division of Air Quality $162,670 I. Personnel and Related Expenses $33,515 II. Other Expenses $129,155

—————— TOTAL DEPARTMENT OF PUBLIC HEALTH $3,908,570

DEPARTMENT OF AGING $144,929 I. Personnel and Related Expenses $109,795 II. Other Expenses $35,134

DEPARTMENT OF FINANCE

Finance Administration $200,538 I. Personnel and Related Expenses $172,872 II. Other Expenses $27,666

Division of Accounts $487,090 I. Personnel and Related Expenses $318,646 II. Other Expenses $168,444 2736 December 3, 2003 The City Record 29

Division of Assessments and Licenses $462,287 I. Personnel and Related Expenses $392,379 II. Other Expenses $69,908

Division of Treasury $164,503 I. Personnel and Related Expenses $139,139 II. Other Expenses $25,364

Division of Purchases and Supplies $203,334 I. Personnel and Related Expenses $159,741 II. Other Expenses $43,593

Bureau of Internal Audit $276,469 I. Personnel and Related Expenses $169,105 II. Other Expenses $107,364

Financial Reporting and Control $421,349 I. Personnel and Related Expenses $331,531 II. Other Expenses $89,818

Information Systems Services $1,420,131 I. Personnel and Related Expenses $620,131 II. Other Expenses $800,000

Information Tech and Planning $68,797 I. Personnel and Related Expenses $68,697 II. Other Expenses $100 —————— TOTAL DEPARTMENT OF FINANCE $3,704,498

Office of Budget & Management $185,084 I. Personnel and Related Expenses $180,284 II. Other Expenses $4,800

Law $2,532,999 I. Personnel and Related Expenses $1,895,135 II. Other Expenses $637,864

Office of Personnel $501,196 I. Personnel and Related Expenses $400,148 II. Other Expenses $101,048

Civil Service Commission $258,318 I. Personnel and Related Expenses $183,635 II. Other Expenses $74,683

Non-Departmental Other Administrative $6,278,620 II. Other Expenses $6,278,620

Transfers to Other Funds $11,045,205 II. Other Expenses $11,045,205

—————— Total Nondepartmental $17,323,825

TOTAL GENERAL FUND $158,398,583

SPECIAL REVENUE FUND

Restricted Income Tax Fund $31,000,000 I. Capital $11,000,000 II. Debt Service $20,000,000

Street Construction, Maintenance & Repair $11,865,000 I. Personnel and Related Expenses $5,056,000 II. Other Expenses $6,809,000

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

—————— TOTAL SPECIAL REVENUE FUNDS $44,865,000 2737 30 The City Record December 3, 2003

INTERNAL SERVICE FUND

ISS-Telecommunications $5,651,122 I. Personnel and Related Expenses $308,007 II. Other Expenses $5,343,115

Motor Vehicle Maintenance $5,400,148 I. Personnel and Related Expenses $1,930,531 II. Other Expenses $3,469,617

Printing and Reproduction $576,184 I. Personnel and Related Expenses $230,630 II. Other Expenses $345,554

City Storeroom $364,459 I. Personnel and Related Expenses $25,626 II. Other Expenses $338,833

—————— TOTAL INTERNAL SERVICE FUNDS $11,991,913

DEPARTMENT OF PUBLIC UTILITIES

Utilities Administration $474,422 I. Personnel and Related Expenses $318,628 II. Other Expenses $155,794

Radio $1,631,213 I. Personnel and Related Expenses $44,056 II. Other Expenses $1,587,157

Division of Fiscal Control $864,924 I. Personnel and Related Expenses $756,778 II. Other Expenses $108,146

Division of Water $87,569,159

I. Personnel and Related Expenses $23,596,556 II. Other Expenses $63,972,603

Division of Water Pollution Control $8,860,446 I. Personnel and Related Expenses $2,615,415 II. Other Expenses $6,245,031

Division of Cleveland Public Power $53,651,438 I. Personnel and Related Expenses $7,781,397 II. Other Expenses $45,870,041

—————— TOTAL PUBLIC UTILITIES $153,051,602

DEPARTMENT OF PORT CONTROL

Airports - Operations $53,906,016 I. Personnel and Related Expenses $6,963,662 II. Other Expenses $46,942,354

TOTAL DEPARTMENT OF PORT CONTROL $53,906,016

DEPARTMENT OF PARKS, RECREATION, AND PROPERTIES

Division of Cemeteries $639,003 I. Personnel and Related Expenses $497,781 II. Other Expenses $141,222

Golf Course Fund $913,447 I. Personnel and Related Expenses $368,359 II. Other Expenses $545,088

Parking Facilities-Off Street $3,267,378 I. Personnel and Related Expenses $324,517 II. Other Expenses $2,942,861 2738 December 3, 2003 The City Record 31

Convention Center $2,533,956 I. Personnel and Related Expenses $981,116 II. Other Expenses $1,552,840

West Side Market $382,922

I. Personnel and Related Expenses $147,532 II. Other Expenses $235,390

Stadium $8,990,205 II. Other Expenses $8,990,205

Property Management - East Side Market $24,810

I. Personnel and Related Expenses $15,570 II. Other Expenses $9,240

—————— TOTAL DEPARTMENT OF PARKS, RECREATION, & PROPERTIES $16,751,721

TOTAL ENTERPRISE FUNDS $233,709,339

AGENCY FUND

Central Collection Agency $3,038,172 I. Personnel and Related Expenses $1,869,650 II. Other Expenses $1,168,522

—————— TOTAL AGENCY FUND $3,038,172

DEBT SERVICE FUND

Sinking Fund Commission $8,595,000 I. Personnel and Related Expenses $60,000 II. Other Expenses $35,000 III. Debt Service $8,500,000

—————— TOTAL DEBT SERVICE FUNDS $8,595,000

—————— TOTAL ALL FUNDS $450,598,007

Section 2. That all expenditures and payments made under and pursuant to the ordinance appropriating such sum or sums of money shall be charged against the annual appropriation ordinance for the fiscal year ending December 31, 2004, when such appropriation ordinance shall become effective, and to the various departments and divisions in payment of whose officers and employees and operating expenses such sum or sums of money here- under shall then have been paid out or expended; provided, however, that no payment shall be made under the authority of this ordinance after the effective date of the annual appropriation ordinance for the fiscal year ending December 31, 2004. 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 November 24, 2003. Effective November 25, 2003.

Ord. No. 2354-03. By Council Member Jackson (by departmental request). An emergency ordinance to provide the transfer of the sum of Eleven Million Five Hundred Eighty-Five Thou- sand Dollars ($11,585,000) within various divisions of the General Fund; Ninety Thousand Dollars ($90,000) within the Internal Service Fund; and Three Hundred Seventy-One Thousand Dollars ($371,000) within the Enterprise Fund. Whereas, in accordance with Section 41 of the Charter, the Mayor has recommended in writing the within transfer; and Whereas, this ordinance constitutes an emergency measure providing for the usually daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: 2739 32 The City Record December 3, 2003

Section 1. That the sum of Twelve Million Forty Six Thousand Dollars ($12,046,000) be the same and hereby transferred as follows:

FROM TO

GENERAL FUND

LEGISLATIVE BRANCH Council and Clerk of Council I Personnel and Related Expenses $ 200,000 $ - II Other Expenses $ - $ 55,000

TOTAL LEGISLATIVE BRANCH $ 200,000 $ 55,000

JUDICIAL BRANCH Judicial Division I Personnel and Related Expenses $ 700,000 $ - II Other Expenses $ 100,000 $ -

Housing Division I Personnel and Related Expenses $ 60,000 $ - II Other Expenses $ 10,000 $ -

Clerks Division I Personnel and Related Expenses $ 525,000 $ - II Other Expenses $ 50,000 $ -

TOTAL JUDICIAL BRANCH $ 1,445,000 $ -

EXECUTIVE BRANCH Office of the Mayor I Personnel and Related Expenses $ 210,000 $ - II Other Expenses $ 35,000 $ -

DEPARTMENT OF PUBLIC SAFETY Public Safety Administration I Personnel and Related Expenses $ 10,000 $ - II Other Expenses $ 95,000 $ -

Division of Police I Personnel and Related Expenses $ - $ 4,950,000 II Other Expenses $ - $ 1,250,000

Division of Fire I Personnel and Related Expenses $ - $ 1,200,000 II Other Expenses $ - $ 270,000

Emergency Medical Services I Personnel and Related Expenses $ - $ 500,000 II Other Expenses $ - $ 100,000

Division of Dog Pound I Personnel and Related Expenses $ - $ 85,000 II Other Expenses $ - $ 20,000

TOTAL DEPARTMENT OF PUBLIC SAFETY $ 105,000 $ 8,375,000

Community Relations Board I Personnel and Related Expenses $ 210,000 $ -

Department of Consumer Affairs II Other Expenses $ 15,000 $ -

DEPARTMENT OF PUBLIC SERVICE Public Service Administration I Personnel and Related Expenses $ 10,000 $ -

Division of Architecture I Personnel and Related Expenses $ 10,000 $ -

Waste Collection and Disposal I Personnel and Related Expenses $ 340,000 $ - II Other Expenses $ 600,000 $ - 2740 December 3, 2003 The City Record 33

Engineering and Construction I Personnel and Related Expenses $ 45,000 $ -

Division of Traffic Engineering I Personnel and Related Expenses $ 140,000 $ - II Other Expenses $ - $ 320,000

TOTAL DEPARTMENT OF PUBLIC SERVICE $ 1,145,000 $ 320,000

DEPARTMENT OF PARKS, RECREATION & PROPERTIES Parks, Recreation and Properties Admin I Personnel and Related Expenses $ 110,000 $ - II Other Expenses $ 15,000 $ -

Research, Planning and Development I Personnel and Related Expenses $ 15,000 $ - II Other Expenses $ 15,000 $ -

Division of Recreation I Personnel and Related Expenses $ 850,000 $ - II Other Expenses $ - $ 200,000

Parking Facilities - On Street I Personnel and Related Expenses $ 50,000 $ -

Division of Property Management I Personnel and Related Expenses $ 570,000 $ - II Other Expenses $ 20,000 $ -

Park Maintenance and Properties I Personnel and Related Expenses $ 425,000 $ - II Other Expenses $ - $ 450,000

TOTAL DEPARTMENT OF PARKS, RECREATION & PROPERTIES $ 2,070,000 $ 650,000

DEPARTMENT OF COMMUNITY DEVELOPMENT Director’s Office I Personnel and Related Expenses $ 55,000 $ -

Division of Neighborhood Services I Personnel and Related Expenses $ 35,000 $ -

TOTAL COMMUNITY DEVELOPMENT $ 90,000 $ -

DEPARTMENT OF BUILDING AND HOUSING Director’s Office I Personnel and Related Expenses $ 75,000 $ -

Division of Code Enforcement I Personnel and Related Expenses $ 510,000 $ -

Division of Construction Permitting I Personnel and Related Expenses $ 340,000 $ -

TOTAL DEPARTMENT OF BUILDING AND HOUSING $ 925,000 $ -

Landmarks Commission I Personnel and Related Expenses $ 15,000 $ -

Board of Zoning Appeals I Personnel and Related Expenses $ 25,000 $ -

Economic Development I Personnel and Related Expenses $ 165,000 $ -

Office of Equal Opportunity I Personnel and Related Expenses $ 80,000 $ - II Other Expenses $ 65,000 $ -

City Planning Commission I Personnel and Related Expenses $ 110,000 $ -

DEPARTMENT OF PUBLIC HEALTH Health Administration I Personnel and Related Expenses $ 105,000 $ - II Other Expenses $ 50,000 $ - 2741 34 The City Record December 3, 2003

Division of Corrections I Personnel and Related Expenses $ - $ 40,000

Division of Health I Personnel and Related Expenses $ 70,000 $ -

Division of the Environment I Personnel and Related Expenses $ - $ 250,000 II Other Expenses $ 100,000 $ -

TOTAL DEPARTMENT OF PUBLIC HEALTH $ 325,000 $ 290,000

DEPARTMENT OF FINANCE Finance Administration I Personnel and Related Expenses $ 10,000 $ -

Division of Accounts I Personnel and Related Expenses $ 40,000 $ - II Other Expenses $ 135,000 $ -

Division of Assessments & Licenses I Personnel and Related Expenses $ 70,000 $ -

Division of Treasury I Personnel and Related Expenses $ - $ 10,000 II Other Expenses $ - $ 10,000

Division of Purchases and Supplies I Personnel and Related Expenses $ 185,000 $ - II Other Expenses $ 40,000 $ -

Bureau of Internal Audit I Personnel and Related Expenses $ 85,000 $ - II Other Expenses $ 210,000 $ -

Financial Reporting & Control I Personnel and Related Expenses $ 155,000 $ - II Other Expenses $ 560,000 $ -

Information Systems Services I Personnel and Related Expenses $ 230,000 $ - II Other Expenses $ 110,000 $ -

TOTAL DEPARTMENT OF FINANCE $ 1,830,000 $ 20,000

Office of Budget & Management I Personnel and Related Expenses $ 10,000 $ -

Law I Personnel and Related Expenses $ 250,000 $ - II Other Expenses $ 10,000 $ -

Office of Personnel I Personnel and Related Expenses $ 100,000 $ - II Other Expenses $ 15,000 $ -

Civil Service Commission I Personnel and Related Expenses $ 10,000 $ - II Other Expenses $ 300,000 $ -

Non-Departmental County Auditor Deductions II Other Expenses $ - $ 355,000

Other Administrative II Other Expenses $ - $ 1,520,000

Transfers to Other Funds II Other Expenses $ 1,825,000 $ - Total Nondepartmental $ 1,825,000 $ 1,875,000

TOTAL GENERAL FUND $ 11,585,000 $ 11,585,000 2742 December 3, 2003 The City Record 35

INTERNAL SERVICE FUND

ISS - Telecommunications I Personnel and Related Expenses $ - $ 40,000 II Other Expenses $ 40,000 $ -

Motor Vehicle Maintenance I Personnel and Related Expenses $ - $ 50,000 II Other Expenses $ 50,000 $ -

TOTAL INTERNAL SERVICE FUNDS $ 90,000 $ 90,000

ENTERPRISE FUNDS

DEPARTMENT OF PUBLIC UTILITIES Radio I Personnel and Related Expenses $ - $ 11,000 II Other Expenses $ 11,000 $ -

Division of Water I Personnel and Related Expenses $ - $ 250,000 II Other Expenses $ 250,000 $ -

TOTAL PUBLIC UTILITIES $ 261,000 $ 261,000

DEPARTMENT OF PARKS, RECREATION & PROPERTIES Division of Cemeteries I Personnel and Related Expenses $ 75,000 $ - II Other Expenses $ - $ 75,000

Convention Center I Personnel and Related Expenses $ - $ 25,000 II Other Expenses $ 25,000 $ -

West Side Market I Personnel and Related Expenses $ - $ 10,000 II Other Expenses $ 10,000 $ -

TOTAL DEPARTMENT OF PARKS, RECREATION & PROPERTIES $ 110,000 $ 110,000

TOTAL ENTERPRISE FUNDS $ 371,000 $ 371,000

TOTAL ALL FUNDS $ 12,046,000 $ 12,046,000

Section 2. 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 November 24, 2003. Effective November 25, 2003.

COUNCIL COMMITTEE Chair; Zone, Vice Chair; Conwell, brook, White. Authorized Absence: MEETINGS Pierce Scott. Authorized Absence: Gordon. Cintron, Gordon, Polensek. Wednesday, December 3, 2003 2:00 p.m. 10:00 a.m. Monday, December 1, 2003 Aviation & Transportation Com- 9:30 a.m. Finance Committee: Present in mittee: Present in Aviation: West- Finance: Jackson, Chair; Sweeney, brook, Chair; Sweeney, Vice Chair; Health and Human Services Com- Vice Chair; Brady, Britt, Coats, Dolan, Rybka, Britt, Reed. Autho- mittee: Present in Health: Britt, Reed, O’Malley, Pierce Scott, West- rized Absence: Gordon. 2743 36 The City Record December 3, 2003 Index

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

AIDS

Federal AIDS Prevention Program 2004 — grant — Ohio Department of Health (O 2149-03)...... 2720 Northeast Ohio African American Health Network — contracts — HIV-prevention education (O 2396-03)...... 2713

Appropriations

Appropriations — $10,000,000 — General Fund — $10,423,817 — Special Revenue Funds — $400,000 — Enterprise Funds (O 2352-03) ...... 2733 Temporary appropriation — current payrolls — other ordinary expenses (O 2353-03)...... 2733

Board of Control — Burke Lakefront Airport Division

Insurance, Comprehensive Airport General Liability — contract per C.O. Sec. 139.03 to Gallagher Pipino, Inc. — Depts. of Finance and Port Control (BOC Res. 710-03) ...... 2721

Board of Control — City Treasury

Treasury management system — contract per Ord. 1208-03 to Sympro, Inc. — Dept. of Finance (BOC Res. 711-03) ...... 2721

Board of Control — Cleveland Hopkins International Airport Division

Insurance, Comprehensive Airport General Liability — contract per C.O. Sec. 139.03 to Gallagher Pipino, Inc. — Depts. of Finance and Port Control (BOC Res. 710-03) ...... 2721

Board of Control — Cleveland Public Power Division

Snow removal services — contract per Ord. 1152-03 to Ken’s Landscaping & Snowplowing Service — Dept. of Public Utilities (BOC Res. 713-03) ...... 2721

Board of Control — Community Development Department

East 105th Street (Ward 8) — PPN 109-11-020 — to Bethany Baptist Church (BOC Res. 718-03) ...... 2722 Orleans Avenue, 9810 (Ward 2) — PPN 135-05-103 — to Annie Gray per Ord. 759-2000 (BOC Res. 720-03) ...... 2723 Woodhill Road (Ward 4) — PPN 126-16-049 — to Reverend J.M. Shaffer per Ord. 144-03 (BOC Res. 719-03) ...... 2723

Board of Control — Engineering and Construction Division

Western Avenue rehabilitation (West Blvd. to W. 117th St.) — contract per Ord. 481-02 to Vandra Brothers Construction — Division of Engineering and Construction, Dept. of Public Service (BOC Res. 721-03)...... 2723

Board of Control — Finance Department

Insurance, Comprehensive Airport General Liability — contract per C.O. Sec. 139.03 to Gallagher Pipino, Inc. — Divisions of Burke Lakefront Airport and Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 710-03) ...... 2721 Treasury management system — contract per Ord. 1208-03 to Sympro, Inc. — Division of Treasury (BOC Res. 711-03) ...... 2721 2744 December 3, 2003 The City Record 37

Board of Control — Land Reutilization Program

East 105th Street (Ward 8) — PPN 109-11-020 — to Bethany Baptist Church (BOC Res. 718-03) ...... 2722 Orleans Avenue, 9810 (Ward 2) — PPN 135-05-103 — to Annie Gray per Ord. 759-2000 (BOC Res. 720-03) ...... 2723 Woodhill Road (Ward 4) — PPN 126-16-049 — to Reverend J.M. Shaffer per Ord. 144-03 (BOC Res. 719-03) ...... 2723

Board of Control — Land Reutilization Program (Ward 2)

Orleans Avenue, 9810 (Ward 2) — PPN 135-05-103 — to Annie Gray per Ord. 759-2000 (BOC Res. 720-03) ...... 2723

Board of Control — Land Reutilization Program (Ward 4)

Woodhill Road (Ward 4) — PPN 126-16-049 — to Reverend J.M. Shaffer per Ord. 144-03 (BOC Res. 719-03) ...... 2723

Board of Control — Land Reutilization Program (Ward 8)

East 105th Street (Ward 8) — PPN 109-11-020 — to Bethany Baptist Church (BOC Res. 718-03) ...... 2722

Board of Control — Orr Park

Park site improvements — contract per Ord. 1748-99, 1114-02 to R. DiLillo & Company — Division of Research, Planning and Development, Dept. of Parks, Recreation and Properties (BOC Res. 717-03) ...... 2722

Board of Control — Parks, Recreation and Properties Department

Park site improvements (Simpson, Orr and Marshall Parks) — contract per Ord. 1748-99, 1114-02 to R. DiLillo & Company — Division of Research, Planning and Development (BOC Res. 717-03)...... 2722

Board of Control — Police Division

Video conferencing system — contract per Ord. 2460-02 to SBC Global Services, Inc. — Dept. of Public Safety (BOC Res. 716-03) ...... 2722

Board of Control — Port Control Department

Electrical parts and equipment to maintain, repair and modify airfield, parking and terminal lighting systems, labor and materials for (Phase I) — contract per Ord. 1015-03 to Consolidated Electric Distributors, Inc., d.b.a., Leader Electric Supply Company, Inc. (BOC Res. 715-03) ...... 2722 Insurance, Comprehensive Airport General Liability — contract per C.O. Sec. 139.03 to Gallagher Pipino, Inc. — Divisions of Burke Lakefront Airport and Cleveland Hopkins International Airport, Dept. of Finance (BOC Res. 710-03) ...... 2721 Real property acquisition, relocation and management on Ruple Pkwy. and Grayton Rd. - amend Contract #59778 per BOC Res. 306-02 (BOC Res. 714-03) ...... 2721

Board of Control — Professional Service Contracts

Insurance, Comprehensive Airport General Liability — contract per C.O. Sec. 139.03 to Gallagher Pipino, Inc. — Divisions of Burke Lakefront Airport and Cleveland Hopkins International Airport, Depts. of Finance and Port Control (BOC Res. 710-03) ...... 2721 Real property acquisition, relocation and management on Ruple Pkwy. and Grayton Rd. — amend Contract #59778 per BOC Res. 306-02 — Dept. of Port Control (BOC Res. 714-03) ...... 2721 Treasury management system — contract per Ord. 1208-03 to Sympro, Inc. — Division of Treasury, Dept. of Finance (BOC Res. 711-03) ...... 2721

Board of Control — Public Improvement Contracts

Park site improvements (Simpson, Orr and Marshall Parks) — contract per Ord. 1748-99, 1114-02 to R. DiLillo & Company — Division of Research, Planning and Development, Dept. of Parks, Recreation and Properties (BOC Res. 717-03) ...... 2722 Western Avenue rehabilitation (West Blvd. to W. 117th St.) — contract per Ord. 481-02 to Vandra Brothers Construction — Division of Engineering and Construction, Dept. of Public Service (BOC Res. 721-03)...... 2723 2745 38 The City Record December 3, 2003

Board of Control — Public Safety Department

Video conferencing system — contract per Ord. 2460-02 to SBC Global Services, Inc. - Division of Police (BOC Res. 716-03)...... 2722

Board of Control — Public Service Department

Western Avenue rehabilitation (West Blvd. to W. 117th St.) — contract per Ord. 481-02 to Vandra Brothers Construction — Division of Engineering and Construction, Dept. of Public Service (BOC Res. 721-03)...... 2723

Board of Control — Public Utilities Department

Copier / scanner / printer, multifunctional engineering drawing — contract per Ord. 800-03 to Blue Technologies, Inc. — Division of Water Pollution Control (BOC Res. 712-03) ...... 2721 Snow removal services — contract per Ord. 1152-03 to Ken’s Landscaping & Snowplowing Service — Division of Cleveland Public Power (BOC Res. 713-03) ...... 2721

Board of Control — Requirement Contracts

Electrical parts and equipment to maintain, repair and modify airfield, parking and terminal lighting systems, labor and materials for (Phase I) — contract per Ord. 1015-03 to Consolidated Electric Distributors, Inc., d.b.a., Leader Electric Supply Company, Inc. — Dept. of Port Control (BOC Res. 715-03) ...... 2722 Snow removal services — contract per Ord. 1152-03 to Ken’s Landscaping & Snowplowing Service — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 713-03) ...... 2721 Video conferencing system — contract per Ord. 2460-02 to SBC Global Services, Inc. - Division of Police, Dept. of Public Safety (BOC Res. 716-03) ...... 2722

Board of Control — Research, Planning and Development Division

Park site improvements (Simpson, Orr and Marshall Parks) — contract per Ord. 1748-99, 1114-02 to R. DiLillo & Company — Dept. of Parks, Recreation and Properties (BOC Res. 717-03) ...... 2722

Board of Control — Standard Purchase Contracts

Copier / scanner / printer, multifunctional engineering drawing — contract per Ord. 800-03 to Blue Technologies, Inc. — Division of Water Pollution Control, Dept. of Public Utilities (BOC Res. 712-03) ...... 2721

Board of Control — Water Pollution Control Division

Copier / scanner / printer, multifunctional engineering drawing — contract per Ord. 800-03 to Blue Technologies, Inc. — Dept. of Public Utilities (BOC Res. 712-03) ...... 2721

Board of Zoning Appeals — Report

Adelaide Avenue, 10231, (Ward 18) – Nicholas Karnavas, owner — appeal heard on 12/1/03 (Cal. 03-260) ...... 2724 East 142nd Street, 3749, (Ward 3) – Steven Cooper dba SAC Landscape and General Contractors, owner, and Felicia Davis, agent — appeal postponed to 12/15/03 on 12/1/03 (Cal. 03-307) ...... 2724 Lorain Avenue, 12722, (Ward 19) – Devendra Patel, owner — appeal granted and adopted on 12/1/03 (Cal. 03-296) ...... 2724 Pearl Road, 3809, (Ward 15) – Zion Pentecostal Temple, owner c/o Bishop Pope — appeal postponed to 12/15/03 on 12/1/03 (Cal. 03-200)...... 2724 Scranton Road, 2572, (Ward 14) – Charles Christopher Real Estate LLC, owner, and Chris Lieb, agent — appeal postponed to 1/5/04 on 12/1/03 (Cal. 03-306)...... 2724 St. Clair Avenue, 13021, (Ward 10) – Clifford Daniel, owner — appeal postponed to 12/15/03 on 12/1/03 (Cal. 03-309) ...... 2724 Trowbridge Avenue, 3731, (Ward 14) – Anne Votruba, owner — appeal heard on 12/1/03 (Cal. 03-304) ...... 2724 West 101st Street, 3132, (Ward 18) – Melvin Smith, owner — appeal heard on 12/1/03 (Cal. 03-305) ...... 2724 West 63rd Street, 4228, (Ward 16) – Kenny and Tersa Vega, owners — appeal granted and adopted on 12/1/03 (Cal. 03-297)...... 2724 Woodland Avenue, 9300, (Ward 4) – Coleman Trucking c/o Mark Coleman, owner, and Sam Kash, tenant — appeal postponed to 1/5/04 on 12/1/03 (Cal. 03-276) ...... 2724 2746 December 3, 2003 The City Record 39

Board of Zoning Appeals — Schedule

East 75th Street, 1914, (Ward 7) – The Cedar Congregation of Jehovah’s Witnesses, c/o Jimmy Seay, owner and Donald Jones, agent — appeal to be heard on 12/15/03 (Cal. 03-319) ...... 2724 Kenilworth Avenue, 1419, (Ward 13) – Dennis McNulty, owner — appeal to be heard on 12/15/03 (Cal. 03-318) ...... 2724 Overlook Road, 2200, (Ward 6) – Overlook Ventures LLC, owner, c/o Benny Chew, agent - appeal to be heard on 12/15/03 (Cal. 03-313) ...... 2724 Payne Avenue, 3611, (Ward 13) – Eric Duong, owner and Kevin Morand, agent — appeal to be heard on 12/15/03 (Cal. 03-315) ...... 2724 Saranac Road, 15912, (Ward 11) – Sheila Frey, owner — appeal to be heard on 12/15/03 (Cal. 03-321) ...... 2724

Building and Housing Department

Construction and post-construction site runoff control to municipal separate storm sewer system. — new Sects. 3116.01, 3116.02, 3116.03, 3116.04, 3116.05, 3116.06, 3116.07, 3116.08, 3116.09, 3116.10, 3116.11, and 3116.12 (O 2404-03) ...... 2715

Camp George L. Forbes

Summer Food Program, 2004 — grant (O 2043-03) ...... 2720

City of Cleveland Bids

Aerial devices — Department of Finance — per Ord. 1169-03 — bid due December 12, 2003 (advertised 11/26/2003 and 12/3/2003)...... 2726 Bunker gear — Department of Port Control — per Ord. 545-03 — bid due December 19, 2003 (advertised 11/26/2003 and 12/3/2003) ...... 2726 HVAC and fire alarm replacement — Department of Public Service — Division of Architecture — per Ord. 838-02 — bid due December 18, 2003 (advertised 11/26/2003 and 12/3/2003) ...... 2726 Long Distance service — Department of Finance — Division of Information Technology and Services — per Ord. 1681-03 — bid due December 12, 2003 (advertised 11/26/2003 and 12/3/2003) ...... 2725 Manhole risers — Department of Public Service — Division of Streets — per Ord. 429-03 — bid due December 11, 2003 (advertised 11/26/2003 and 12/3/2003) ...... 2725 Pipe repair couplings — Department of Public Utilities — Division of Water — per C.O. Sec. 129.25 — bid due December 12, 2003 (advertised 11/26/2003 and 12/3/2003) ...... 2725 SCADA system computer software, upgrades, support and implementation — Department of Public Utilities — Divisions of Cleveland Public Power and Water — per Ord. 1953-01, 1951-01 — bid due December 31, 2003 (advertised 11/26/2003 and 12/3/2003) ...... 2726 Telephone maintenance, products and equipment — Department of Finance — Division of Information Technology and Services — per Ord. 1713-02 — bid due December 17, 2003 (advertised 11/26/2003 and 12/3/2003) ...... 2726

City Council

Responsible Fatherhood — Mayor’s Task Force — create (O 908-03) ...... 2719

City Planning Commission

Damon Ave. & E. 156th St. (NW corner) — change the zoning — Two-Family Use District — “B” Area District — “1” Height District (O 2171-03) ...... 2725 Lake Shore Shopping Plaza (easternmost portion) — change the zoning — One-Family Residential Use District (O 2168-03) ...... 2725 Lake Shore Shopping Plaza — south of Lake Shore Boulevard — between E. 156th St. & E. 161st St. — Shopping Center Use District (O 2170-03)...... 2725 Margaret Spellacy Junior High School and Saranac Playground — change the zoning — Two-Family District — Height District “1” (O 2169-03) ...... 2725 Norfolk and Western Rail Right of Way — between Octavia Rd & Clarkston Rd. — change the zoning — Residence Industry Use District — “2” Height District (O 2407-03)...... 2717 Pearl Rd. & Henninger Rd. (N.E. corner) — change the zoning — Local Retail Use District (O 2166-03)...... 2725 Pearl Rd. (west) — (between) Brookside Park Dr. & Broadview Rd. — change zoning — Local Retail Use District — “2” Height District (O 2167-03)...... 2725 Pearl Rd., (west) — between Broadview Rd. & Memphis Ave. — change the zoning — Local Retail Use District — “2” Height District (O 2251-03) ...... 2725 Pedestrian retail overlay (PRO) district — amend Sec. 343.23 (O 1809-03)...... 2719 2747 40 The City Record December 3, 2003

Saranac Rd. (south) — between E. 154th Pl. & E. 156th St. — change the zoning — Local Retail Use District (O 2172-03) ...... 2725 Saranac Rd. (south) — between E. 156th St. & E. 159th Sts. — Two-Family Use District (O 2252-03)...... 2725 Saranac Rd., (south) between E. 159th & E. 162nd Sts. — change the zoning — Multi-Family Use District (O 2249-03)...... 2725 168th St.

Cleveland Clinic Foundation

Hospitals closing — urging administration to investigate — possible violations — Chapter 686 (R 2412-03) ...... 2719

Cleveland Public Power

Electric and gas disconnection — moratorium — until April 15, 2004 — Cleveland Public Power — The Illuminating Company and Dominion East Ohio Gas (R 2409-03) ...... 2718

Cleveland Public Schools

Responsible Fatherhood — Mayor’s Task Force — create (O 908-03) ...... 2719

Cleveland Theater District

Additional security — cleaning and maintenance — public right-of-way and Star Plaza (R 2094-03) ...... 2726

Codified Ordinances

Construction and post-construction site runoff control to municipal separate storm sewer system. — new Sects. 3116.01, 3116.02, 3116.03, 3116.04, 3116.05, 3116.06, 3116.07, 3116.08, 3116.09, 3116.10, 3116.11, and 3116.12 (O 2404-03) ...... 2715 Pedestrian retail overlay (PRO) district — amend Sec. 343.23 (O 1809-03)...... 2719

Community Development

Cleveland Restoration Society — Heritage Home Loan Program — Ward 11, 16, 18, 19, 21 NEF (O 2341-03) ...... 2732 Computer hardware, appurtenances, and furniture — purchase (O 2401-03)...... 2714 E. 116th St. — Land Reutilization Program — E. and A. Northeast Limited Partnership (O 2154-03) ...... 2720 E. 126th St., 3277 — purchase — future redevelopment — convey the property — Mt. Pleasant Now Development Corporation (O 2160-03) ...... 2720 E. 70th St. — Land Reutilization Program — Burten, Bell, Carr Development, Inc. (O 2400-03)...... 2714 Hecker Ave. — Land Reutilization Program — Billy Stuart (O 1712-03) ...... 2719 Housing Advocates, Inc. — amend Contract No. 60422 — anti-predatory counseling services (O 2403-03)...... 2715 Northeast Neighborhood Corp. — Ashbury Senior Computer Community Center Program — Ward 9 NEF (O 2342-03)...... 2732 Phase 3 of the HUD data geocoding project — software upgrade — design (O 2402-03) ...... 2714 Phillips Ave. — Land Reutilization Program — Gary Warner and Gilliam Robinson-Warner (O 2044-03)...... 2720 Union Ave. — Land Reutilization Program — Robert Kirkman (O 1935-03) ...... 2719 W. 20th St. — Land Reutilization Program — Klein-Barrabas, LLC. (O 1934-03)...... 2719

Community Relations Board

Responsible Fatherhood — Mayor’s Task Force — create (O 908-03) ...... 2719

Condolences

Brown, Mary Lillian (R 2420-03) ...... 2711 Daniels, Evangelist Essie Mae (R 2419-03) ...... 2711 Scholz, Paul (R 2421-03) ...... 2711

Congratulations

Elder, Spc. Yolanda G. (R 2424-03) ...... 2711 Hopewell Missionary Baptist Church (R 2423-03) ...... 2711 Perk, Judge Ralph J., Jr. (R 2422-03)...... 2711 2748 December 3, 2003 The City Record 41

Consumer Affairs Department

Housing Advocates, Inc. — amend Contract No. 60422 — anti-predatory counseling services (O 2403-03)...... 2715

Contracts

Deloitte & Touche LLP — Empowerment Zone’s review and analysis (O 2406-03)...... 2716 E. 40th St., 1667 — live/work building — Loftworks, LLC — interior renovation (O 2405-03) ...... 2716 Housing Advocates, Inc. — amend Contract No. 60422 — anti-predatory counseling services (O 2403-03)...... 2715 Northeast Ohio African American Health Network — HIV-prevention education (O 2396-03)...... 2713 U.S. Department of Veterans Affairs — Contract No. 53628 — medical services — McCafferty Health Center (O 2148-03) ...... 2720

Dominion East Ohio

Electric and gas disconnection — moratorium — until April 15, 2004 — Cleveland Public Power — The Illuminating Company and Dominion East Ohio Gas (R 2409-03) ...... 2718

Economic Development Department

Brownfields — economic development planning — grant — U.S. Department of Housing and Urban Development (O 1931-03) ...... 2719 Cleveland Neighborhood Development Coalition — grant agreement — Cleveland Industrial Retention Initiative during fiscal year 2003-2004 (O 2162-03) ...... 2720 Cleveland Theater District (“District”) — additional security — cleaning and maintenance — public right-of-way and Star Plaza (R 2094-03) ...... 2726 Deloitte & Touche LLP — contracts — Empowerment Zone’s review and analysis (O 2406-03)...... 2716 E. 40th St., 1667 — live/work building — Loftworks, LLC — contract — interior renovation (O 2405-03) ...... 2716

Empowerment Zone

Deloitte & Touche LLP — contracts — Empowerment Zone’s review and analysis (O 2406-03)...... 2716

Enterprise Funds

Appropriations — $10,000,000 — General Fund — $10,423,817 — Special Revenue Funds — $400,000 — Enterprise Funds (O 2352-03) ...... 2733 Transfer — $11,585,000 — within the General Fund — $90,000 — within the Internal Service Fund — $371,000 — within the Enterprise Fund (O 2354-03) ...... 2739

Finance Department

Appropriations — $10,000,000 — General Fund — $10,423,817 — Special Revenue Funds — $400,000 — Enterprise Funds (O 2352-03) ...... 2733 Data entry services — amend Ord. No. 892-03 (O 2303-03) ...... 2731 Moral Claims — payment (O 2395-03) ...... 2712 Temporary appropriation — current payrolls — other ordinary expenses (O 2353-03) ...... 2733 Transfer — $11,585,000 — within the General Fund — $90,000 — within the Internal Service Fund — $371,000 — within the Enterprise Fund (O 2354-03) ...... 2739

General Fund

Appropriations — $10,000,000 — General Fund — $10,423,817 — Special Revenue Funds — $400,000 — Enterprise Funds (O 2352-03) ...... 2733 Transfer — $11,585,000 — within the General Fund — $90,000 — within the Internal Service Fund — $371,000 — within the Enterprise Fund (O 2354-03) ...... 2739

Grants

Brownfields — economic development planning — U.S. Department of Housing and Urban Development (O 1931-03) ...... 2719 Mural Building — 1925 St. Clair Ave. — lease space — Dept. of Public Health (O 2399-03)...... 2713 Summer Food Program, 2004 — Camp George L. Forbes (O 2043-03)...... 2720 Women’s Health Services Program — grant — Ohio Department of Health (O 2398-03)...... 2713 Worksite Wellness, Steps to Healthier Cleveland Program — grant — Kaiser Permanente of Ohio (O 2397-03) ...... 2713 2749 42 The City Record December 3, 2003

Health Department

Federal AIDS Prevention Program 2004 — grant — Ohio Department of Health (O 2149-03)...... 2720 Mural Building — 1925 St. Clair Ave. — lease space — Dept. of Public Health (O 2399-03)...... 2713 Northeast Ohio African American Health Network — contracts — HIV-prevention education (O 2396-03)...... 2713 Responsible Fatherhood — Mayor’s Task Force — create (O 908-03) ...... 2719 U.S. Department of Veterans Affairs — Contract No. 53628 — medical services — McCafferty Health Center (O 2148-03) ...... 2720 Women’s Health Services Program — grant — Ohio Department of Health (O 2398-03)...... 2713 Worksite Wellness, Steps to Healthier Cleveland Program — grant — Kaiser Permanente of Ohio (O 2397-03) ...... 2713

Hospitals

Hospitals closing — urging administration to investigate — possible violations — Chapter 686 (R 2412-03) ...... 2719

Housing and Urban Development (HUD)

Phase 3 of the HUD data geocoding project — software upgrade — design (O 2402-03) ...... 2714

Internal Service Funds

Transfer — $11,585,000 — within the General Fund — $90,000 — within the Internal Service Fund — $371,000 — within the Enterprise Fund (O 2354-03) ...... 2739

Land Reutilization Program

E. 116th St. — E. and A. Northeast Limited Partnership (O 2154-03)...... 2720 E. 70th St. — Burten, Bell, Carr Development, Inc. (O 2400-03) ...... 2714 Hecker Ave. — Billy Stuart (O 1712-03) ...... 2719 Phillips Ave. — Gary Warner and Gilliam Robinson-Warner (O 2044-03) ...... 2720 Union Ave. — Robert Kirkman (O 1935-03) ...... 2719 W. 20th St. — Klein-Barrabas, LLC. (O 1934-03) ...... 2719

Leases

Mural Building — 1925 St. Clair Ave. — lease space — Dept. of Public Health (O 2399-03)...... 2713

Liquor Permits

Cedar Ave., 8716 — objection — withdraw (Ward 6) (R 2344-03) ...... 2727 Denison Ave., 9410 — transfer (Ward 18) (F 2416-03) ...... 2711 E. 79th St., 1930 — objection — withdraw (Ward 6) (R 2345-03) ...... 2727 Euclid Ave., 18325 — new (Ward 10) (F 2414-03) ...... 2711 Fleet Ave., 5407 — objection — withdraw (Ward 12) (R 2347-03) ...... 2728 Kinsman Ave., 10815 — new (Ward 3) (F 2413-03) ...... 2711 Lakeview Rd., 891 — objection (Ward 9) (R 2351-03)...... 2729 Lakewood Heights Blvd., 13429 — objection — withdraw (Ward 9) (R 2343-03) ...... 2727 Lorain Ave., 14039 — objection (Ward 21) (R 2348-03)...... 2728 Lorain Ave., 3501 — objection (Ward 14) (R 2349-03)...... 2728 Miles Ave., 11334 — objection — withdraw (Ward 2) (R 2411-03) ...... 2718 Pearl Rd., 3787 — new (Ward 15) (F 2415-03) ...... 2711 St. Clair Ave., 18414-16 — objection — withdraw (Ward 11) (R 2410-03) ...... 2718 Superior Ave., 11625 — objection (Ward 9) (R 2350-03) ...... 2729 W. 3rd St., 1350 — transfer (Ward 13) (F 2417-03) ...... 2711 Warner Rd., 4324 — objection — withdraw (Ward 12) (R 2346-03) ...... 2728

Mayor’s Office

Responsible Fatherhood — Mayor’s Task Force — create (O 908-03) ...... 2719

Moral Claims

Payment (O 2395-03) ...... 2712 2750 December 3, 2003 The City Record 43

Neighborhood Equity Funds

Cleveland Restoration Society — Heritage Home Loan Program — Ward 11, 16, 18, 19, 21 (O 2341-03)...... 2732 Northeast Neighborhood Corp. — Ashbury Senior Computer Community Center Program — Ward 9 (O 2342-03)...... 2732

Ohio Department of Public Health

Federal AIDS Prevention Program 2004 — grant (O 2149-03)...... 2720 Women’s Health Services Program — grant (O 2398-03) ...... 2713

Parks, Recreation and Properties Department

Kowalski Park Site Improvements — Contract No. 59152 (F 2418-03) ...... 2711 Summer Food Program, 2004 — grant — Camp George L. Forbes (O 2043-03)...... 2720 West Side Market — approving the schedule of prices — various parts and sections (O 2091-03)...... 2720

Personnel Department

Responsible Fatherhood — Mayor’s Task Force — create (O 908-03) ...... 2719

Predatory Lending

Housing Advocates, Inc. — amend Contract No. 60422 — anti-predatory counseling services (O 2403-03)...... 2715

Public Hearings (Notices)

Damon Ave. & E. 156th St. (NW corner) — change the zoning — Two-Family Use District — “B” Area District — “1” Height District (O 2171-03) ...... 2725 Lake Shore Shopping Plaza (easternmost portion) — change the zoning — One-Family Residential Use District (O 2168-03) ...... 2725 Lake Shore Shopping Plaza — south of Lake Shore Boulevard — between E. 156th St. & E. 161st St. — Shopping Center Use District (O 2170-03)...... 2725 Margaret Spellacy Junior High School and Saranac Playground — change the zoning — Two-Family District — Height District “1” (O 2169-03) ...... 2725 Pearl Rd. & Henninger Rd. (N.E. corner) — change the zoning — Local Retail Use District (O 2166-03)...... 2725 Pearl Rd. (west) — (between) Brookside Park Dr. & Broadview Rd. — change zoning — Local Retail Use District — “2” Height District (O 2167-03)...... 2725 Pearl Rd., (west) — between Broadview Rd. & Memphis Ave. — change the zoning — Local Retail Use District — “2” Height District (O 2251-03) ...... 2725 Saranac Rd. (south) — between E. 154th Pl. & E. 156th St. — change the zoning — Local Retail Use District (O 2172-03) ...... 2725 Saranac Rd. (south) — between E. 156th St. & E. 159th Sts. — Two-Family Use District (O 2252-03)...... 2725 Saranac Rd., (south) between E. 159th & E. 162nd Sts. — change the zoning — Multi-Family Use District (O 2249-03)...... 2725 W. 168th St. & Albers Ave. (N.W. corner) — change the zoning — Parking District — “1” Height District (O 2250-03) ...... 2725

Public Utilities Commission (PUCO)

FirstEnergy Rate Stabilization Plan — Urging the Public Utilities Commission of Ohio — reject any proposal (R 2356-03) ...... 2730

Purchases and Supplies Division

E. 126th St., 3277 — purchase — future redevelopment — convey the property — Mt. Pleasant Now Development Corporation (O 2160-03) ...... 2720

Resolutions — Miscellaneous

Economy — jump start — empowering manufacturing Czar — urging President Bush (R 2358-03) ...... 2730 Electric and gas disconnection — moratorium — until April 15, 2004 — Cleveland Public Power — The Illuminating Company and Dominion East Ohio Gas (R 2409-03) ...... 2718 Energy resources — government facilities — 5% of renewable — energy efficiency improvements (R 2357-03)...... 2730 2751 44 The City Record December 3, 2003

FirstEnergy Rate Stabilization Plan — Urging the Public Utilities Commission of Ohio — reject any proposal (R 2356-03) ...... 2730 Hospitals closing — urging administration to investigate — possible violations — Chapter 686 (R 2412-03) ...... 2719 O’Jays, The — outstanding musical accomplishments — supporting induction (R 2359-03) ...... 2731

Safety Department

Responsible Fatherhood — Mayor’s Task Force — create (O 908-03) ...... 2719

Service Department

Cleveland Theater District (“District”) — additional security — cleaning and maintenance — public right-of-way and Star Plaza (R 2094-03) ...... 2726

Sewers

Euclid Corridor — water mains replacement — sewer repair — amend Ord. 2451-02 (O 2307-03) ...... 2731

Special Revenue Funds

Appropriations — $10,000,000 — General Fund — $10,423,817 — Special Revenue Funds — $400,000 — Enterprise Funds (O 2352-03) ...... 2733

Statement of Work Acceptance

Kowalski Park Site Improvements — Contract No. 59152 — Dept. of Parks, Recreation and Properties (F 2418-03) ...... 2711

Task Force

Responsible Fatherhood — Mayor’s Task Force — create (O 908-03) ...... 2719

Utilities Department

Cycle E water tanks — inspecting and assessing — amend Ord. 1521-02 (O 2408-03) ...... 2718 Energy resources — government facilities — 5% of renewable — energy efficiency improvements (R 2357-03)...... 2730 Euclid Corridor — water mains replacement — sewer repair — amend Ord. 2451-02 (O 2307-03) ...... 2731 Penton Media Building — lease office space — Citywide GIS project and the Division of Water’s ITS staff (O 2318-03) ...... 2731

Ward 02

Elder, Spc. Yolanda G. — congratulation (R 2424-03) ...... 2711 Miles Ave., 11334 — objection — withdraw — liquor permit (R 2411-03) ...... 2718

Ward 03

E. 126th St., 3277 — purchase — future redevelopment — convey the property — Mt. Pleasant Now Development Corporation (O 2160-03) ...... 2720 Kinsman Ave., 10815 — new — liquor permit (F 2413-03) ...... 2711 Union Ave. — Land Reutilization Program — Robert Kirkman (O 1935-03) ...... 2719

Ward 05

E. 70th St. — Land Reutilization Program — Burten, Bell, Carr Development, Inc. (O 2400-03)...... 2714 Hopewell Missionary Baptist Church — congratulation (R 2423-03) ...... 2711 Perk, Judge Ralph J., Jr. — congratulation (R 2422-03) ...... 2711

Ward 06

Cedar Ave., 8716 — objection — withdraw — liquor permit (R 2344-03) ...... 2727 E. 116th St. — Land Reutilization Program — E. and A. Northeast Limited Partnership (O 2154-03) ...... 2720 E. 79th St., 1930 — objection — withdraw — liquor permit (R 2345-03) ...... 2727 2752 December 3, 2003 The City Record 45

Ward 07

Brown, Mary Lillian — condolence (R 2420-03) ...... 2711 Hecker Ave. — Land Reutilization Program — Billy Stuart (O 1712-03) ...... 2719

Ward 09

Daniels, Evangelist Essie Mae — condolence (R 2419-03) ...... 2711 Lakeview Rd., 891 — objection — liquor permit (R 2351-03) ...... 2729 Northeast Neighborhood Corp. — Ashbury Senior Computer Community Center Program — NEF (O 2342-03)...... 2732 Phillips Ave. — Land Reutilization Program — Gary Warner and Gilliam Robinson-Warner (O 2044-03)...... 2720 Superior Ave., 11625 — objection — liquor permit (R 2350-03)...... 2729

Ward 10

Euclid Ave., 18325 — new — liquor permit (F 2414-03) ...... 2711 Norfolk and Western Rail Right of Way — between Octavia Rd & Clarkston Rd. — change the zoning — Residence Industry Use District — “2” Height District (O 2407-03) ...... 2717

Ward 11

Cleveland Restoration Society — Heritage Home Loan Program — Ward 11, 16, 18, 19, 21 NEF (O 2341-03) ...... 2732 Damon Ave. & E. 156th St. (NW corner) — change the zoning — Two-Family Use District — “B” Area District — “1” Height District (O 2171-03) ...... 2725 Lake Shore Shopping Plaza (easternmost portion) — change the zoning — One-Family Residential Use District (O 2168-03) ...... 2725 Lake Shore Shopping Plaza — south of Lake Shore Boulevard — between E. 156th St. & E. 161st St. — Shopping Center Use District (O 2170-03)...... 2725 Margaret Spellacy Junior High School and Saranac Playground — change the zoning — Two-Family District — Height District “1” (O 2169-03) ...... 2725 Perk, Judge Ralph J., Jr. — congratulation (R 2422-03) ...... 2711 Saranac Rd. (south) — between E. 154th Pl. & E. 156th St. — change the zoning — Local Retail Use District (O 2172-03) ...... 2725 Saranac Rd. (south) — between E. 156th St. & E. 159th Sts. — Two-Family Use District (O 2252-03)...... 2725 Saranac Rd., (south) between E. 159th & E. 162nd Sts. — change the zoning — Multi-Family Use District (O 2249-03)...... 2725 St. Clair Ave., 18414-16 — objection — withdraw — liquor permit (R 2410-03)...... 2718

Ward 12

Fleet Ave., 5407 — objection — withdraw — liquor permit (R 2347-03) ...... 2728 Perk, Judge Ralph J., Jr. — congratulation (R 2422-03) ...... 2711 Warner Rd., 4324 — objection — withdraw — liquor permit (R 2346-03) ...... 2728

Ward 13

Cleveland Theater District (“District”) — additional security — cleaning and maintenance — public right-of-way and Star Plaza (R 2094-03) ...... 2726 E. 40th St., 1667 — live/work building — Loftworks, LLC — contract — interior renovation (O 2405-03) ...... 2716 W. 3rd St., 1350 — transfer — liquor permit (F 2417-03) ...... 2711

Ward 14

Lorain Ave., 3501 — objection — liquor permit (R 2349-03) ...... 2728 W. 20th St. — Land Reutilization Program — Klein-Barrabas, LLC. (O 1934-03)...... 2719

Ward 15

Pearl Rd. & Henninger Rd. (N.E. corner) — change the zoning — Local Retail Use District (O 2166-03)...... 2725 Pearl Rd. (west) — (between) Brookside Park Dr. & Broadview Rd. — change zoning — Local Retail Use District — “2” Height District (O 2167-03)...... 2725 Pearl Rd., (west) — between Broadview Rd. & Memphis Ave. — change the zoning — Local Retail Use District — “2” Height District (O 2251-03) ...... 2725 Pearl Rd., 3787 — new — liquor permit (F 2415-03) ...... 2711 2753 46 The City Record December 3, 2003

Ward 16

Cleveland Restoration Society — Heritage Home Loan Program — Ward 11, 16, 18, 19, 21 NEF (O 2341-03) ...... 2732

Ward 18

Cleveland Restoration Society — Heritage Home Loan Program — Ward 11, 16, 18, 19, 21 NEF (O 2341-03) ...... 2732 Denison Ave., 9410 — transfer — liquor permit (F 2416-03) ...... 2711 Perk, Judge Ralph J., Jr. — congratulation (R 2422-03) ...... 2711

Ward 19

Cleveland Restoration Society — Heritage Home Loan Program — Ward 11, 16, 18, 19, 21 NEF (O 2341-03) ...... 2732 Lakewood Heights Blvd., 13429 — objection — withdraw — liquor permit (Ward 9) (R 2343-03)...... 2727

Ward 20

Scholz, Paul — condolence (R 2421-03) ...... 2711

Ward 21

Cleveland Restoration Society — Heritage Home Loan Program — Ward 11, 16, 18, 19, 21 NEF (O 2341-03) ...... 2732 Lorain Ave., 14039 — objection — liquor permit (R 2348-03) ...... 2728 W. 168th St. & Albers Ave. (N.W. corner) — change the zoning — Parking District — “1” Height District (O 2250-03) ...... 2725

Water Division

Cycle E water tanks — inspecting and assessing — amend Ord. 1521-02 (O 2408-03)...... 2718 Penton Media Building — lease office space — Citywide GIS project and the Division of Water’s ITS staff (O 2318-03) ...... 2731

West Side Market

Schedule of prices — approve — various parts and sections (O 2091-03) ...... 2720

Zoning

Damon Ave. & E. 156th St. (NW corner) — change the zoning — Two-Family Use District — “B” Area District — “1” Height District (O 2171-03) ...... 2725 Lake Shore Shopping Plaza (easternmost portion) — change the zoning — One-Family Residential Use District (O 2168-03) ...... 2725 Lake Shore Shopping Plaza — south of Lake Shore Boulevard — between E. 156th St. & E. 161st St. — Shopping Center Use District (O 2170-03)...... 2725 Margaret Spellacy Junior High School and Saranac Playground — change the zoning — Two-Family District — Height District “1” (O 2169-03) ...... 2725 Pearl Rd. & Henninger Rd. (N.E. corner) — change the zoning — Local Retail Use District (O 2166-03)...... 2725 Pearl Rd. (west) — (between) Brookside Park Dr. & Broadview Rd. — change zoning — Local Retail Use District — “2” Height District (O 2167-03)...... 2725 Pearl Rd., (west) — between Broadview Rd. & Memphis Ave. — change the zoning — Local Retail Use District — “2” Height District (O 2251-03) ...... 2725 Saranac Rd. (south) — between E. 154th Pl. & E. 156th St. — change the zoning — Local Retail Use District (O 2172-03) ...... 2725 Saranac Rd. (south) — between E. 156th St. & E. 159th Sts. — Two-Family Use District (O 2252-03)...... 2725 Saranac Rd., (south) between E. 159th & E. 162nd Sts. — change the zoning — Multi-Family Use District (O 2249-03)...... 2725 W. 168th St. & Albers Ave. (N.W. corner) — change the zoning — Parking District — “1” Height District (O 2250-03) ...... 2725 2754