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

November the Twentieth, Two Thousand and Two

Mayor Containing PAGE Jane L. Campbell City Council 3 President of Council The Calendar 34 Frank G. Jackson Board of Control 34 Civil Service 38 Clerk of Council Board of Zoning Appeals 39 Valarie J. McCall Board of Building Standards and Building Appeals 40 Ward Name Public Notice 40 1 Joseph T. Jones Public Hearings 40 2 Robert J. White City of Cleveland Bids 40 3 Zachary Reed 4 Kenneth L. Johnson Adopted Resolutions and Ordinances 41 5 Frank G. Jackson Committee Meetings 54 6 Patricia J. Britt 7 Fannie M. Lewis Index 55 8 Sabra Pierce Scott 9 Kevin Conwell 10 Roosevelt Coats 11 Michael D. Polensek PRESORTED STANDARD 12 Edward W. Rybka U. S. POSTAGE PAID CLEVELAND, OHIO 13 Joe Cimperman 14 Nelson Cintron, Jr. Permit No. 1372 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

Pr inted on Recycled Pap e r DIRECTORY OF CITY OFFICIALS

CITY COUNCIL–LEGISLATIVE Park Maintenance and Properties – Richard L. Silva, Commissioner, President of Council–Frank G. Jackson Public Auditorium – E. 6th & Lakeside. Wa r d Na m e Re s i d e n c e Property Management – Tom Nagle, Commissioner, East 49th & Harvard 1 Joseph T. Jones ...... 4691 East 177th Street 44 1 2 8 Recreation – Michael Cox, Commissioner, Room 8 2 Robert J. White ...... 3760 East 126th Street 44 1 0 5 Research, Planning & Development – Mark Fallon, Commissioner, 1501 3 Zachary Reed...... 3734 East 149th Street 44 1 2 0 N. Marginal Road, Burke Lakefront Airport 4 Kenneth L. Johnson ...... 2948 Hampton Road 44 1 2 0 DEPT. OF COMMUNITY DEVELOPMENT – Linda M. Hudecek, Director, 3rd 5 Frank G. Jackson ...... 2327 East 38th Street 44 1 1 5 6 Patricia J. Britt ...... 12402 Britton Drive 44 1 2 0 Floor, City Hall. 7 Fannie M. Lewis...... 7416 Star Avenue 44 1 0 3 DIVISIONS: Administrative Services – Terrence Ross, Commissioner. 8 Sabra Pierce Scott...... 9212 Kempton Avenue 44 1 0 8 Building & Housing – Robert Vilkas, Commissioner, 5th Floor, City Hall. 9 Kevin Conwell...... 774 East 131st Street 44 1 0 8 Neighborhood Services – Louise V. Jackson, Commissioner. 10 Roosevelt Coats ...... 1775 Cliffview Road 44 1 1 2 Neighborhood Development – Sharon Dumas, Commissioner. 11 Michael D. Polensek ...... 17855 Brian Avenue 44 1 1 9 DEPT. OF PERSONNEL AND HUMAN RESOURCES –Eduardo A. Romero, 12 Edward W. Rybka ...... 6832 Indiana Avenue 44 1 0 5 Director, Room 121 13 Joe Cimperman...... 3053 West 12th Street 44 1 1 3 14 Nelson Cintron, Jr...... 4326 Daisy Avenue 44 1 0 9 DEPT. OF ECONOMIC DEVELOPMENT – Steven Sims, Director, Room 210 15 Merle R. Gordon...... 1700 Denison Avenue 44 1 0 9 DEPT. OF AGING – Jane E. Fumich, Director, Room 122 16 Michael C. O’Malley...... 6710 Brookside Drive 44 1 4 4 17 Matthew Zone ...... 1228 West 69th Street 44 1 0 2 DEPT. OF CONSUMER AFFAIRS – Kenya Taylor, Director 18 Jay Westbrook ...... 1278 West 103rd Street 44 1 0 2 COMMUNITY RELATIONS BOARD – Room 11, Lorna Wisham, Director; 19 Dona Brady...... 3466 Bosworth Road 44 1 1 1 Mayor Jane L. Campbell, Chairman Ex–Officio; Mary Springman, 20 Martin J. Sweeney ...... 3632 West 133rd Street 44 1 1 1 Vice–Chairman; Councilman Kevin Conwell, Councilman Matthew Zone, 21 Michael A. Dolan ...... 16519 West Park Road 44 1 1 1 City Council Representatives; Rev. Bruce Goode, Paula Castleberry, Clerk of Council – Valarie J. McCall, 216 City Hall, 664–2840 Charles E. McBee, Mary Adele Springman, Esq., Terez E. Woods, Emmett First Assistant Clerk – Sandra Franklin Saunders, John Banno, Mary Jane Buckshot, Kathryn M. Hall, Raymond MAYOR – Jane L. Campbell Negron, Evangeline Hardaway, Edna Fuentes-Casiano, Janet Jankura, Rodney Jenkins, Executive Assistant Gia Hoa Ryan. David M. McGuirk, Executive Assistant CIVIL SERVICE COMMISSION – Room 119, Reynaldo Galindo, President; Timothy Mueller, Executive Assistant Rev. Earl Preston, Vice President; Jonalyn M. Krupka, Secretary; Craig Tame, Executive Assistant Members: Diane M. Downing, Matthew Dotson. Henry Guzman, Director, Office of Equal Opportunity SINKING FUND COMMISSION – Jane L. Campbell, President; Betsy Hruby, Margreat A. Jackson, Legislative Affairs Liaison Asst. Sec’y.; Robert H. Baker, Director; Council President Frank G. Erik Janas, Inter-Governmental Affairs Officer Jackson. DEPT. OF LAW – Subodh Chandra, Director, Galen L. Schuerlein, Acting BOARD OF ZONING APPEALS – Room 516, Carol Johnson, Chairman; Chief Counsel, Room 106 Members; Margreat Hopkins, Ozell Dobbins, Joan Shaver-Washington, Karen E. Martines, Law Librarian, Room 100 Eugene Cranford, Jr., Secretary. DEPT. OF FINANCE – Robert H. Baker, Director, Room 104; Frank Badalamenti, Manager, Internal Audit BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F. Denk, Chairman; James Williams, Arthur Saunders, Alternate DIVISIONS: Accounts – Alan Schneider, Commissioner, Room 19 Members – D. Cox, P. Frank, E. P. O’Brien, Richard Pace, J.S. Sullivan. Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 City Treasury – Algeron Walker, Treasurer, Room 115 BOARD OF REVISION OF ASSESSMENTS – Law Director Subodh Chandra, Financial Reporting and Control – James Gentile, Controller, Room 18 President; Finance Director Robert H. Baker, Secretary; Council Information Systems Services – Cleo Henderson, Commissioner, President Frank G. Jackson. 1404 E. 9th St. BOARD OF SIDEWALK APPEALS – Service Director Mark Ricchiuto; Law Purchases and Supplies – Myrna Branche, Commissioner, Room 128 Director Subodh Chandra; Councilman Martin J. Sweeney. Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside BOARD OF REVIEW – (Municipal Income Tax) – Law Director Subodh Av e n u e Chandra; Utilities Director Michael G. Konicek; Council President Frank Taxation – Nassim Lynch, Tax Administrator, 1701 Lakeside Avenue G. Jackson. DEPT. OF PUBLIC UTILITIES – Michael G. Konicek, Di r e c t o r , 1201 Lakeside Avenue CITY PLANNING COMMISSION – Room 501 – Christopher S. Ronayne, Director; Anthony J. Coyne, Chairman; David Bowen, Lillian W. Burke, DIVISIONS – 1201 Lakeside Avenue Lawrence A. Lumpkin, Gloria Jean Pinkney, Rev. Sam Edward Small, Cleveland Public Power – James F. Majer, Commissioner Councilman Joseph Cimperman. Street Lighting Bureau – ______, Acting Chief Utilities Fiscal Control – Dennis Nichols, Commissioner CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Water – Julius Ciaccia, Jr., Commissioner Chairman; Clint Martin, Mark Rivera. Water Pollution Control – Darnell Brown, Commissioner MORAL CLAIMS COMMISSION – Law Director Subodh Chandra; Chairman; DEPT. OF PORT CONTROL – John C. Mok, Director, Finance Director Robert H. Baker; Council President Frank G. Jackson; Cleveland Hopkins International Airport, 5300 Riverside Drive; Councilman Dona Brady; Councilman Martin J. Sweeney. Burke Lakefront Airport – Khalid Bahkur, Commissioner BOARD OF EXAMINERS OF ELECTRICIANS – Samuel Montfort, Chairman; Cleveland Hopkins International Airport – Fred Szabo, Commissioner Donald Baulknilght, Anton J. Eichmuller, J. Gilbert Steele, Raymond DEPT. OF PUBLIC SERVICE – Mark Ricchiuto, Director, Room 113 Ossovicki, Chief Electrical Inspector; Laszlo V. Kemes, Secretary to the DIVISIONS: Architecture – Kurt Weibusch, Commissioner, Room 517 Board. Engineering and Construction – Randall E. DeVaul, Commissioner, BOARD OF EXAMINERS OF PLUMBERS – Joseph Gyorky, Chairman; Room 518 Earl S. Bumgarner, Alfred Fowler, Jozef Valencik, Lawrence Skule, Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard Ya r d s Chief Plumbing Inspector; Laszlo V. Kemes, Secretary to the Board. Streets – Randell T. Scott, Commissioner, Room 25 CLEVELAND LANDMARKS COMMISSION – Room 519 – Richard Traffic Engineering – Robert Mavec, C o m m i s s i o n e r , Schanfarber, Chairman; Paul Volpe, Vice Chairman; N. Kurt Wiebush, 4150 East 49th Street, Building #1 James Gibans, Sandra Morgan, Hunter Morrison, Theodore Sande, Galen Waste Collection and Disposal – Ron Owens, Commissioner, 5600 Carnegie Schuerlein, Randall Shorr, Councilman Joseph Cimperman, Dwayne J. Av e n u e . Simpson, Robert Keiser, Executive Secretary. DEPT. OF PUBLIC HEALTH – Matthew Carroll, Acting Director, Mural CLEVELAND MUNICIPAL COURT Building, 1925 St. Clair Avenue JUSTICE CENTER – 1200 ONTARIO STREET DIVISIONS: Correction – Robert Taskey, Commissioner, Cleveland JUDGE COURTROOM ASSIGNMENTS House of Corrections, 4041 Northfield Road Ju d g e Co u r t r o o m Environment – Willie Bess, Acting Commissioner, Mural Building, Presiding and Administrative Judge Larry A. Jones 13 C 1 9 2 5 St. Clair Avenue Judge Ronald B. Adrine 15 A Health – Dr. Wendy Johnson, Acting Commissioner, Mural Building, Judge C. Ellen Connally 15 C 1925 St. Clair Avenue Judge Sean C. Gallagher 12 C DEPT. OF PUBLIC SAFETY – James A. Draper, Director, Room 230 Judge Emanuella Groves 12 B DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 W. 7th Street Judge Mabel M. Jasper 14 D Emergency Medical Service – Edward Eckart, C o m m i s s i o n e r , Judge Kathleen Ann Keough 13 D 1708 South Pointe Drive Judge Mary E. Kilbane 14 C Fire – Kevin G. Gerrity, Chief, 1645 Superior Avenue Judge Ralph J. Perk, Jr. 14 B Police \ Edward F. Lohn, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street Judge Raymond L. Pianka (Housing Court Judge) 13 B Judge Angela R. Stokes 13 A DEPT. OF PARKS, RECREATION & PROPERTIES –James Glending, Judge Robert J. Triozzi 14 A Acting Director, Cleveland Convention Center, Clubroom A, 1220 E. 6th St. Judge Joseph J. Zone 12 A DIVISIONS: Convention Center & Stadium – James Glending, Commissioner, Public Auditorium, E. 6th and Lakeside Ave. Earle B. Turner – Clerk of Courts, Michael E. Flanagan–Court Administrator, Parking Facilities – Dennis Donahue, Commissioner, Public Auditorium, Paul J. Mizerak–Bailiff; Kenneth Thomas–Chief Probation Officer, E. 6th and Lakeside Ave. Gregory F. Clifford–Chief Magistrate The City Re c o rd

Vol. 89 W E D N E S DAY, NOVEMBER 20, 2002 No. 4641 CITY COUNCIL OFFICIAL PUBLICATIONMONDAY, NOVEMBEROF THE 18,CITY 2002 OF CLEVELAND

The City Record WEDNESDAY—Alternating of the last meeting was dispensed with and the journal approved. Sec- Published weekly under authority 10:00 A.M.—Aviation & Transporta- onded by Council Member Conwell. of the Charter of the tion Committee: Westbrook, Chair- City of Cleveland man; Sweeney, Vice Chairman; Britt, COMMUNICATIONS Subscription (by mail) $75.00 a year Dolan, Gordon, Reed, Rybka. 10:00 A.M.—Public Safety Commit- File No. 2274-02. January 1 to December 31 tee: Reed, Chairman; Britt, Vice From the Living Wage Coordina- Interim subscriptions prorated Chairman; Brady, Cimperman, Coats, tor — re: Fair Employment Law — $6.25 per month Conwell, Jones, White, Zone. A.W. Farrell & Son, Inc. Received. Address all communications to WEDNESDAY—Alternating File No. 2275-02. VALARIE J. McCALL From the Living Wage Coordina- 1:30 P.M.—Public Utilities Commit- tor — re: Fair Employment Wage Clerk of Council te e : Coats, Chairman; O’Malley, Vice Law — Action Automatics, Inc. 216 City Hall Chairman; Brady, Cintron, Jones, Received. Polensek, Sweeney, Westbrook, Zone. 1:30 P.M.—City Planning Commit- File No. 2276-02. PERMANENT SCHEDULE tee: Cimperman, Chairman, Rybka, From the Living Wage Coordina- STANDING COMMITTEES Vice Chairman, Conwell, Lewis, tor — re: Fair Employment Wage O’Malley, Scott, Westbrook. OF THE COUNCIL Law — City Auto Frame. Received. 2002-2005 The following Committees are File No. 2277-02. subject to the Call of the Chairman: From the Living Wage Coordina- MONDAY Rules Committee: Jackson, Chair- tor— re: Fair Employment Wage man; O’Malley, Reed, Sweeney. Law — Hal Jones Construction. Re- Personnel and Operations Commit- ceived. 9:30 A.M. — Public Parks, Property tee: Gordon, Chairman; Britt, Cim- & Recreation Committee: Johnson, perman, Coats, Scott. Chairman; White, Vice Chairman; File No. 2278-02. Mayor’s Appointment Committee: From the Living Wage Coordina- Cimperman, Dolan, Jones, Rybka, Coats, Chairman; Cintron, Reed, Sweeney. tor — re: Fair Employment Wage Pierce Scott, Westbrook. Law— KONE, Inc. Received. MONDAY—Alternating File No. 2279-02. OFFICIAL PROCEEDINGS From the Living Wage Coordina- 11:00 A.M. — Public Service Com- mittee: Sweeney, Chairman; Jones, CITY COUNCIL tor — re: Fair Employment Wage Vice Chairman; Brady, Cimperman, ______Law — Warren Roofing. Received. Johnson, O’Malley, Polensek, White, File No. 2280-02. Zone. Cleveland, Ohio From the Division of Water — re: Monday, November 18, 2002. 11:00 A.M. — Employment, Affir- 2001 Annual Report — 24:7 water The meeting of the Council was mative Action & Training Commit- around the clock. Received. called to order, The President, tee: Lewis, Chairman; Conwell, Vice Frank G. Jackson, in the Chair. Chairman; Cintron, Coats, Johnson, Council Members present: Brady, FROM DEPARTMENT OF Reed, Polensek. Britt, Cimperman, Cintron, Coats, LIQUOR CONTROL Conwell, Dolan, Gordon, Jackson, MONDAY Johnson, Jones, Lewis, O’Malley, File No. 2281-02. Polensek, Reed, Rybka, Scott, Re: New Application — 0436032 2:00 P.M. — Finance Committee: Sweeney, Westbrook, White and Baraba’s Klein, Inc., d.b.a. 2527, 2527 Jackson, Chairman; Sweeney, Vice Zone. West 25th Street. (Ward 14). Re- Chairman; Brady, Britt, Coats, Gor- Also present were Mayor Camp- ceived. don, O’Malley, Reed, Scott, West- bell and Directors Chandra, Baker, File No. 2282-02. brook, White. Konicek, Mok, Ricchiuto, Draper, Hudecek, Romero, Sims, Taylor, Re: New Application — 1547556 — Cleveland Oil, Inc., d.b.a. Lakeshore TUESDAY Wisham, Guzman, Ronayne, Acting Directors Carroll, Glending; Execu- Citgo, 15550 Lakeshore Boulevard. tive Assistants Jenkins, McGuirk, (Ward 11). Received. 9:30 A.M. — Community and Econo- Tame, Mueller, Janas; Celeste Glas- mic Development Committee: Gor- cow, Director of Communications; File No. 2283-02. don, Chairman; Cimperman, Vice Margreat A. Jackson, Legislative Re: New Application — 9554925 — Chairman; Cintron, Coats, Jones, Affairs Liaison; Jeffrey D. Johnson, West 105th Street Beverage & Deli, Lewis, Reed, Scott, Zone. Special Assistant were also present. Inc., d.b.a. Star Value, 3691 West 105th Street. (Ward 18). Received. TUESDAY—Alternating Pursuant to Ordinance No. 2926-76, the Council Meeting was opened File No. 2284-02. 1:00 P.M. — Health & Human Ser- with a prayer offered by Missionary Re: Transfer of Ownership Appli- vices Committee: Britt, Chairman; Diana Starks of Winfield Church of cation — 46188550005 — Khalil, Inc., Zone, Vice Chairman; Cintron, Con- God in Christ, located at 6595 Win- d.b.a. Woodworth Market, 14625-27 well, Gordon, Scott, Polensek. field Street. Pledge of Allegiance. Woodworth Road. (Ward 10). Re- ceived. 1:30 P.M. — Legislation Committee: MOTION White, Chairman; Scott, Vice Chair- File No. 2285-02. man; Dolan, Gordon, Johnson, Ryb- On the Motion of Council Member Re: Transfer of Ownership Appli- ka, Westbrook. Gordon, the reading of the minutes cation — 1072886 — Buckeye Petro- 2447 4 The City Record November 20, 2002 leum, Inc., d.b.a. Buckeye East Mini West 25th Street. (Ward 14). Re- Res. No. 2297-02—First Lego Lea- Mart, 13009 Buckeye Road. (Ward ceived. gue Tournaments. 4). Received. CONDOLENCE RESOLUTIONS Res. No. 2298-02—Linda Malicki.

File No. 2286-02. The rules were suspended and the RECOGNITION RESOLUTIONS Re: Transfer of Ownership Appli- following Resolutions were adopted cation — 9116701 — 2625 East 55th by a rising vote: The rules were suspended and the Gas, Inc., d.b.a. E. 55th St. Shell, 2625 following Resolutions were adopted East 55th Street. (Ward 5). Re- Res. No. 2290-02—Michael Louis without objection: ceived. Sheboy. Res. No. 2291-02—Eugene Wright. Res. No. 2299-02—Michael R. White File No. 2287-02. Res. No. 2292-02—Josephine Cham- Building Dedication at Arbor Park Re: Transfer of Ownership Appli- bers Maxwell. Village. cation — 0109861 — Jon Alexander, Res. No. 2293-02—Reola Norfleet Res. No. 2300-02—Joseph A. Mari- d.b.a. Maxines Delicatessen, 11401 Thomas. nucci. Miles Avenue. (Ward 2). Received. Res. No. 2294-02—Dr. Pauline S. Res. No. 2301-02—Thomas H. Greer. File No. 2288-02. Davis. Res. No. 2302—National Diabetes Re: Transfer of Ownership and Res. No. 2295-02—Robert Wilson. Awareness Month. Location Application — 7453985 — Rob Roy, Inc., d.b.a. Music Choice, CONGRATULATION RESOLUTIONS APPRECIATION RESOLUTION 3875 East 93rd Street. (Ward 2). Received. The rules were suspended and the The rules were suspended and the following Resolutions were adopted following Resolution was adopted File No. 2289-02. without objection: without objection: Re: Transfer of Ownership and Location Application — 0436032 — Res. No. 2296-02—Judge James D. Res. No. 2303-02—Rev. Dr. Leroy Baraba’s Klein, Inc., d.b.a. 2527, 2527 Sweeney. Banks, Sr.

FIRST READING EMERGENCY ORDINANCES REFERRED

Ord. No. 2222-02. By Council Member Jackson (by departmental request). An emergency ordinance to make appropriations for the current expenses of the City of Cleveland for the year 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 expenses for the City of Cleveland for the fiscal year ending Decem- ber 31, 2003, the following sums be and they are hereby appropriated viz: The sum of Four Hundred Eighty Nine Million Eight Hundred Fifty Eight Thousand Six Hundred Thirty One Dollars ($489,858,631) from the General Fund; The sum of Fifty Nine Million Six Hundred Twelve Thousand Nine Hundred Thirty One Dollars ($59,612,931) from the Special Revenue Funds; The sum of Twenty Six Million Five Hundred Three Thousand Six Hundred Forty Four Dollars ($26,503,644) from the Internal Service Funds; The sum of Five Hundred Fifty One Million Five Hundred Fifty Five Thousand Eight Hundred Three Dollars ($551,555,803) from the Enterprise Funds; The sum of Seven Million Nine Hundred Fourteen Thousand Forty Three Dollars ($7,914,043) from the Trust and Agency Funds; The sum of Fifty Two Million Five Hundred Sixty Six Thousand Four Hundred Two Dollars ($52,566,402) from the Debt Service Fund; All set forth in the Mayor’s Estimate on file with Council and identified as File No. 2222-02-A in the aggregate amount for each department as follows:

APPROPRIATION FOR THE YEAR 2003 GENERAL FUND

Legislative Branch $ 6,231,503 Municipal Court $ 32,436,784 Executive Branch Office of the Mayor 2,607,049 Department of Public Safety 287,546,898 Community Relations Board 1,077,836 Department of Consumer Affairs 380,769 Department of Public Service 38,139,466 Department of Parks, Recreation & Properties 39,971,473 Urban Planning & Development 17,681,079 Department of Public Health 12,855,805 Department of Aging 435,175 Support Functions 40,280,109 Transfers to Other Funds 10,214,685 —— — — — — — TOTAL EXECUTIVE BRANCH $ 451,190,344 —— — — — — — TOTAL GENERAL FUND $ 489,858,631 —— — — — — —

Special Revenue Funds $ 59,612,931 Internal Service Funds 26,503,644 Enterprise Funds 551,555,803 Trust and Agency Funds 7,914,043 Debt Service Funds 52,566,402 TOTAL APPROPRIATIONS FOR 2003 $1,188,011,454 —— — — — — — 2448 November 20, 2002 The City Record 5

GENERAL GOVERNMENT

LEGISLATIVE BRANCH

Council and Clerk of Council $6,231,503 I. Personnel and Related Expenses $4,348,569 II. Other Expenses 1,882,934 —— — — — — TOTAL LEGISLATIVE BRANCH $6,231,503 —— — — — —

MUNICIPAL COURT

Municipal Court - Judicial Division $19,684,880 I. Personnel and Related Expenses $17,184,986 II. Other Expenses 2,499,894

Municipal Court - Housing Division $2,829,731 I. Personnel and Related Expenses $2,600,609 II. Other Expenses 229,122

Municipal Court - Clerk’s Division $9,922,173 I. Personnel and Related Expenses $7,777,039 II. Other Expenses 2,145,134

—— — — — — TOTAL MUNICIPAL COURT $32,436,784 —— — — — —

EXECUTIVE BRANCH

Office of the Mayor $2,607,049 I. Personnel and Related Expenses $2,313,192 II. Other Expenses 293,857

—— — — — — TOTAL EXECUTIVE BRANCH $2,607,049 —— — — — —

DEPARTMENT OF PUBLIC SAFETY

Public Safety Administration $3,539,275 I. Personnel and Related Expenses $3,088,635 II. Other Expenses 450,640

Division of Police $180,268,194 I. Personnel and Related Expenses $170,275,298 II. Other Expenses 9,992,896

Division of Fire $81,123,683 I. Personnel and Related Expenses $78,206,831 II. Other Expenses 2,916,852

Division of Emergency Medical Services $21,673,498 I. Personnel and Related Expenses $19,884,352 II. Other Expenses 1,789,146

Division of Dog Pound $942,248 I. Personnel and Related Expenses $794,492 II. Other Expenses 147,756

—— — — — — TOTAL DEPARTMENT OF PUBLIC SAFETY $287,546,898 —— — — — —

COMMUNITY RELATIONS BOARD

Community Relations Board $1,077,836 I. Personnel and Related Expenses $991,571 II. Other Expenses 86,265

—— — — — — TOTAL COMMUNITY RELATIONS BOARD $1,077,836 —— — — — — 2449 6 The City Record November 20, 2002

DEPARTMENT OF CONSUMER AFFAIRS

Consumer Affairs $380,769 I. Personnel and Related Expenses $289,521 II. Other Expenses 91,248

—— — — — — TOTAL DEPARTMENT OF CONSUMER AFFAIRS $380,769 —— — — — —

DEPARTMENT OF PUBLIC SERVICE

Public Service Administration $549,713 I. Personnel and Related Expenses $525,645 II. Other Expenses 24,068

Division of Architecture $754,398 I. Personnel and Related Expenses $730,506 II. Other Expenses 23,892

Division of Waste Collection and Disposal $27,526,137 I. Personnel and Related Expenses $15,570,666 II. Other Expenses 11,955,471

Division of Engineering and Construction $5,283,572 I. Personnel and Related Expenses $4,935,087 II. Other Expenses 348,485

Division of Traffic Engineering $4,025,646 I. Personnel and Related Expenses $3,252,175 II. Other Expenses 773,471

—— — — — — TOTAL DEPARTMENT OF PUBLIC SERVICE $38,139,466 —— — — — —

DEPARTMENT OF PARKS, RECREATION, AND PROPERTIES

Parks, Recreation, and Properties Administration $833,413 I. Personnel and Related Expenses $639,144 II. Other Expenses 194,269

Division of Research, Planning, and Development $753,000 I. Personnel and Related Expenses $660,391 II. Other Expenses 92,609

Division of Recreation $12,841,464 I. Personnel and Related Expenses $9,771,342 II. Other Expenses 3,070,122

Division of Parking Facilities-On Street $1,035,070 I. Personnel and Related Expenses $981,281 II. Other Expenses 53,789

Division of Property Management $9,628,330 I. Personnel and Related Expenses $7,512,247 II. Other Expenses 2,116,083

Division of Park Maintenance and Properties $14,880,196 I. Personnel and Related Expenses $9,585,909 II. Other Expenses 5,294,287

—— — — — — TOTAL PARKS, RECREATION, AND PROPERTIES $39,971,473 —— — — — —

URBAN PLANNING AND DEVELOPMENT

DEPARTMENT OF COMMUNITY DEVELOPMENT

Division of Administrative Services $954,098 I. Personnel and Related Expenses $756,580 II. Other Expenses 197,518

Division of Building and Housing $10,550,917 I. Personnel and Related Expenses $9,880,210 II. Other Expenses 670,707 2450 November 20, 2002 The City Record 7

Director’s Office $168,711 I. Personnel and Related Expenses $168,711

Division of Neighborhood Development $1,103,668

I. Personnel and Related Expenses $903,668 II. Other Expenses 200,000

Division of Neighborhood Services $497,372 I. Personnel and Related Expenses $497,372

—— — — — — TOTAL COMMUNITY DEVELOPMENT $13,274,766 —— — — — —

REGULATORY BOARDS AND COMMISSIONS

Landmarks Commission $171,809 I. Personnel and Related Expenses $161,966 II. Other Expenses 9,843

Board of Building Standards and Appeals $110,555 I. Personnel and Related Expenses $94,292 II. Other Expenses 16,263

Board of Zoning Appeals $264,445 I. Personnel and Related Expenses $243,367 II. Other Expenses 21,078

Board of Examiners of Plumbers and Electricians $108,689 I. Personnel and Related Expenses $105,346 II. Other Expenses 3,343

Fair Campaign Finance Commission $10,000 II. Other Expenses $10,000

—— — — — — Total Regulatory Boards $665,498 —— — — — —

DEPARTMENT OF ECONOMIC DEVELOPMENT

Economic Development $1,362,072 I. Personnel and Related Expenses $1,278,915 II. Other Expenses 83,157

—— — — — — Total Department of Economic Development $1,362,072 —— — — — —

Office of Equal Opportunity $719,205 I. Personnel and Related Expenses $679,679 II. Other Expenses 39,526

City Planning Commission $1,659,538 I. Personnel and Related Expenses $1,576,293 II. Other Expenses 83,245

—— — — — — TOTAL URBAN PLANNING AND DEVELOPMENT $17,681,079 —— — — — —

DEPARTMENT OF PUBLIC HEALTH

Public Health Administration $855,828 I. Personnel and Related Expenses $768,331 II. Other Expenses 87,497

Division of Correction $6,361,679 I. Personnel and Related Expenses $5,171,142 II. Other Expenses 1,190,537

Division of Health $3,690,695 I. Personnel and Related Expenses $2,582,519 II. Other Expenses 1,108,176 2451 8 The City Record November 20, 2002

Division of Environment $1,522,451 I. Personnel and Related Expenses $1,176,814 II. Other Expenses 345,637

Division of Air Quality $425,152 I. Personnel and Related Expenses $108,272 II. Other Expenses 316,880

—— — — — — TOTAL DEPARTMENT OF PUBLIC HEALTH $12,855,805 —— — — — —

DEPARTMENT OF AGING

DEPARTMENT OF AGING $435,175 I. Personnel and Related Expenses $357,878 II. Other Expenses 77,297

—— — — — — TOTAL DEPARTMENT OF AGING $435,175 —— — — — —

SUPPORT FUNCTIONS FINANCIAL AND LEGAL ADMINISTRATION

DEPARTMENT OF FINANCE Finance Administration $604,154 I. Personnel and Related Expenses $536,163 II. Other Expenses 67,991

Division of Accounts $1,704,424 I. Personnel and Related Expenses $1,117,664 II. Other Expenses 586,760

Division of Assessments and Licenses $1,477,254 I. Personnel and Related Expenses $1,310,611 II. Other Expenses 166,643

Division of Treasury $638,109 I. Personnel and Related Expenses $541,048 II. Other Expenses 97,061

Division of Purchases and Supplies $840,142 I. Personnel and Related Expenses $697,558 II. Other Expenses 142,584

Bureau of Internal Audit $1,210,484 I. Personnel and Related Expenses $718,265 II. Other Expenses 492,219

Division of Financial Reporting and Control $2,204,053 I. Personnel and Related Expenses $1,255,636 II. Other Expenses 948,417

Information Systems Services $3,350,000 I. Personnel and Related Expenses $2,590,966 II. Other Expenses 759,034

—— — — — — TOTAL DEPARTMENT OF FINANCE $12,028,620 —— — — — —

Office of Budget & Management-Budget Admin. $587,300 I. Personnel and Related Expenses $548,598 II. Other Expenses 38,702

Department Law $9,068,448 I. Personnel and Related Expenses $7,097,052 II. Other Expenses 1,971,396

—— — — — — TOTAL FINANCE AND LEGAL ADMINISTRATION $21,684,368 —— — — — — 2452 November 20, 2002 The City Record 9

PERSONNEL ADMINISTRATION

Office of Personnel $1,991,100 I. Personnel and Related Expenses $1,359,341 II. Other Expenses 631,759

Civil Service Commission $1,239,858 I. Personnel and Related Expenses $728,264 II. Other Expenses 511,594

—— — — — — TOTAL PERSONNEL ADMINISTRATION $3,230,958 —— — — — —

NONDEPARTMENTAL

County Auditor Deductions $850,000 II. Other Expenses $850,000

OTHER ADMINISTRATIVE $14,514,783

II. Other Expenses $14,514,783

—— — — — — TOTAL NONDEPARTMENTAL $15,364,783 —— — — — —

—— — — — — TOTAL SUPPORT FUNCTIONS $40,280,109 —— — — — —

TRANSFERS TO OTHER FUNDS $10,214,685

II. Other Expenses $10,214,685

—— — — — — TOTAL GENERAL FUND $489,858,631 —— — — — —

SPECIAL REVENUE FUND

Restricted Income Tax Fund $32,209,857 I. Capital $15,209,857 II. Debt Service 17,000,000

Street Construction, Maintenance & Repair Fund $25,403,074 I. Personnel and Related Expenses $14,898,520 II. Other Expenses 10,504,554

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

—— — — — — TOTAL SPECIAL REVENUE FUNDS $59,612,931 —— — — — —

INTERNAL SERVICE FUND

Information Systems Services-Telephone Exchange $6,422,793 I. Personnel and Related Expenses $630,874 II. Other Expenses 5,791,919

Division of Motor Vehicle Maintenance $17,792,128 I. Personnel and Related Expenses $5,791,219 II. Other Expenses 12,000,909

Division of Printing and Reproduction $1,400,709 I. Personnel and Related Expenses $707,748 II. Other Expenses 692,961

City Storeroom and Central Warehouse $888,014 I. Personnel and Related Expenses $62,557 II. Other Expenses 825,457

—— — — — — TOTAL INTERNAL SERVICE FUNDS $26,503,644 —— — — — — 2453 10 The City Record November 20, 2002

ENTERPRISE FUNDS

DEPARTMENT OF PUBLIC UTILITIES

Utilities Administration $1,466,708 I. Personnel and Related Expenses $1,083,581 II. Other Expenses 383,127

Radio $1,988,446 I. Personnel and Related Expenses $45,919 II. Other Expenses 1,942,527

Division of Fiscal Control $2,466,800 I. Personnel and Related Expenses $2,213,283 II. Other Expenses 253,517

Division of Water $218,416,694

I. Personnel and Related Expenses $69,875,933 II. Other Expenses 148,540,761

Division of Water Pollution Control $23,268,778 I. Personnel and Related Expenses $8,282,728 II. Other Expenses 14,986,050

Division of Cleveland Public Power $142,457,566 I. Personnel and Related Expenses $25,122,000 II. Other Expenses 117,335,566

—— — — — — TOTAL DEPARTMENT OF PUBLIC UTILITIES $390,064,992 —— — — — —

DEPARTMENT OF PORT CONTROL

Divisions of Cleveland Hopkins & Burke Lakefront Airports - Operations $128,699,333 I. Personnel and Related Expenses $24,829,493 II. Other Expenses 103,869,840

—— — — — — TOTAL DEPARTMENT OF PORT CONTROL $128,699,333 —— — — — —

DEPARTMENT OF PARKS, RECREATION, AND PROPERTIES

Division of Cemeteries $2,418,644 I. Personnel and Related Expenses $1,851,813 II. Other Expenses 566,831

Golf Course Fund $2,574,883 I. Personnel and Related Expenses $1,212,565 II. Other Expenses 1,362,318

Division of Parking Facilities-Off Street Parking $8,531,053 I. Personnel and Related Expenses $1,173,730 II. Other Expenses 7,357,323

Division of Convention Center & Stadium-Convention Center $7,788,941 I. Personnel and Related Expenses $4,242,219 II. Other Expenses 3,546,722

Division of Convention Center & Stadium-West Side Market $1,178,149

I. Personnel and Related Expenses $448,092 II. Other Expenses 730,057

Division of Convention Center & Stadium-Stadium $10,226,507 II. Other Expenses 10,226,507 2454 November 20, 2002 The City Record 11

Division of Property Management - East Side Market $73,301

I. Personnel and Related Expenses $53,801 II. Other Expenses 19,500

—— — — — — TOTAL PARKS, RECREATION, & PROPERTIES $32,791,478 —— — — — —

—— — — — — TOTAL ENTERPRISE FUNDS $551,555,803 —— — — — —

AGENCY FUND

Central Collection Agency $7,914,043 I. Personnel and Related Expenses $5,002,024 II. Other Expenses 2,912,019

—— — — — — TOTAL AGENCY FUND $7,914,043 —— — — — —

DEBT SERVICE FUND

Sinking Fund Commission $52,566,402 I. Personnel and Related Expenses $139,168 II. Other Expenses 429,300 III. Debt Service 51,997,934

—— — — — — TOTAL DEBT SERVICE FUNDS $52,566,402 —— — — — —

Section 2. That the appropriations herein made are based upon the detail of expenditures set forth in the Mayor’s Estimate File No. 2222-02-A, but are appropriated to the several departments, offices, and purposes in the aggre- gate for I. - Personnel and Related Expenses; and II. - Other Expenses and are not severally and individually appropriated in said detail. Any unencumbered balance in an appropriation fund at the close of the year 2002 is hereby appropriated to such fund for the payment of unpaid obligations lawfully incurred in 2003 or prior years. The Mayor’s Estimate File No. 2222-02-A, as modified by the schedule published pursuant to Section 39 of the Charter shall within the sums appropriated in Section 1 hereof, constitute the expenditure budget for the year 2003 and shall be subject to the control of the Mayor, provided, however, that no transfer from I. - Personnel and Related Expenses, or II. - Other Expenses within any department or office, or from one department or office to another shall be made except as provided in Section 41 of the Charter. Section 3. That the Commissioner of Accounts is hereby authorized to draw warrants upon the City Treasury for the amount appropriated in this ordinance, whenever claims are presented properly approved by the head of the department or by the chief of a commission for which indebtedness was incurred. Section 4. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force upon its passage and approval by the Mayor; otherwise it shall take effect and be in force at the earliest period allowed by law. Referred to Directors of Finance, Law; Committee on Finance.

Ord. No. 2225-02. By Council Member Jackson (by departmental request). An emergency ordinance authorizing the Director of Finance to pay as Moral Claims the sums herein set forth 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 hereby authorized to pay as Moral Claims the sums set forth oppo- site the names of the following claimants and charged against the fund numbers opposite the names of the claimants:

Claimant Claim No. Amount Division Fund

William McBride 11324 $ 1,000.09 Water Pollution Control 54 SF 001 Mary Higbee 11354 $ 2,000.00 Water Pollution Control 54 SF 001 J. Michael Lance 11355 $ 775.00 Water Pollution Control 54 SF 001 2455 12 The City Record November 20, 2002

William Mueller 11391 $ 1,736.67 Water Pollution Control 54 SF 001 Mike Fila 11450 $ 737.08 Water Pollution Control 54 SF 001

Rysar Properties 11339 $ 2,000.00 Water 52 SF 001

ABB Power T&D Co. 11462 $27,528.00 Cleveland Public Power 58 SF 001

Kelvin Martin 11375 $ 121.00 Police 01-600202-672000 Robert May 11377 $ 500.00 Police 01-600202-672000 Darlene Clipps 11401 $ 782.01 Police 01-600202-672000 Laura Bradley 11443 $ 2,375.00 Police 01-600202-672000

Gregory Rodes 11459 $ 294.68 EMS 01-600402-672000

Judy Lynch 11380 $ 500.00 Fire 01-600302-672000 Rosalind V. Hampton 11386 $ 500.00 Fire 01-600302-672000 Michael Shay 11421 $ 500.00 Fire 01-600302-672000 Francis R. Neel 11423 $ 500.00 Fire 01-600302-672000

Maricruz Osorio 11418 $ 500.00 Park Maintenance 01-701205-672000 Gloria Cole 11426 $ 200.00 Park Maintenance 01-701205-672000 Judy Horak 11438 $ 177.34 Park Maintenance 01-701205-672000

Victor Tall 11179 $ 454.75 Park Maintenance 62 SF 001 (Cemeteries) Barbara Stamps 11372 $ 1,191.55 Park Maintenance 62 SF 001 (Cemeteries) Cheryl Turner 11373 $ 850.65 Park Maintenance 62 SF 001 (Cemeteries) Ruby Bartkas 11396 $ 508.25 Park Maintenance 62 SF 001 (Cemeteries) Mary Dean 11398 $ 233.70 Park Maintenance 62 SF 001 (Cemeteries) Chaquita Welch 11399 $ 936.25 Park Maintenance 62 SF 001 (Cemeteries) Eleanore Gerlach 11406 $ 540.00 Park Maintenance 62 SF 001 (Cemeteries) Joan Ezell 11415 $ 701.73 Park Maintenance 62 SF 001 (Cemeteries) Lola Kyser 11441 $ 160.00 Park Maintenance 62 SF 001 (Cemeteries) Bonnie Gilchrist 11413 $ 1,196.69 Park Maintenance 62 SF 001 (Cemeteries) Rosella Gressler 11429 $ 600.00 Park Maintenance 62 SF 001 (Cemeteries)

Obesid Fuller II 11328 $ 500.00 Park Maintenance 01-701204-672000 (Urban Forestry) Eveready Printing 11407 $ 725.00 Park Maintenance 01-701204-672000 (Urban Forestry) Anthony Sanchez 11436 $ 500.00 Park Maintenance 01-701204-672000 (Urban Forestry)

Eileen Shepard 11368 $ 27.56 Waste Collection 01-400303-672000 Gordon Hathaway 11370 $ 13.99 Waste Collection 01-400303-672000 Ricky Melton 11389 $ 500.00 Waste Collection 01-400303-672000 Wilma Braxton-McMillan 11394 $ 229.09 Waste Collection 01-400303-672000 Jason Sloan 11395 $ 216.01 Waste Collection 01-400303-672000 Daniel Liggins 11444 $ 39.00 Waste Collection 01-400303-672000 Mitchell Paul 11451 $ 1,000.00 Waste Collection 01-400303-672000

Walter Scharf 11414 $ 2,000.00 Streets 11 SF 401

Section 2. That the Director of Finance is authorized to pay the amounts in this ordinance to claimants that provide a City-approved written acceptance of the City’s offer to pay their 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. 2456 November 20, 2002 The City Record 13

Ord. No. 2226-02. of Control shall determine. Alternate ways of any further duties or lia- By Council Members Coats and bids for a period less than the spec- bilities arising with respect to the Jackson (by departmental request). ified term may be taken if deemed aforementioned gates after assign- An emergency ordinance authoriz- desirable by the Commissioner of ment of the Agreement to Conti- ing the Director of Public Utilities Purchases and Supplies until provi- nental; and to enter into professional services sion is made for the requirements Whereas, under Ordinance No. contracts, purchase contracts and for the entire term. 560-97, passed June 2, 1997, the City requirement contracts to obtain mar- Section 3. That the Director of entered into an assignment and keting and advertising services, Public Utilities is further authorized novation with Continental and materials and equipment necessary to make one or more written con- TWA, Inc. (“TWA”) to assign all of to promote the Cleveland Public tracts in accordance with the Char- Continentals’ rights, duties, and Power Expansion Program. ter and the Codified Ordinances of interests relative to Gates A-2, A-4, Whereas, this ordinance consti- Cleveland, Ohio, 1976, for each or all A-6, and associated support and tutes an emergency measure provid- of the following items: advertise- operations space, Contract No. ing for the usual daily operation of ments and marketing, promotional 28672, to TWA, and to bind TWA in a municipal department; now, there- and advertising, materials, equip- the place of Continental as if TWA fore, ment and services not the subject of were named in the original agree- Be it ordained by the Council of Section 1 of this ordinance, neces- ment with respect to Gates A-2, A- the City of Cleveland: sary to promote and advertise the 4, and A-6, and associated support Section 1. That the Director of Cleveland Public Power Expansion and operations space, and to Public Utilities is authorized to Program, to be purchased by the release Continental of any further employ by contract or contracts one Commissioner of Purchases and Sup- duties or liabilities arising with or more professional consulting plies upon a unit basis for the Divi- respect to the aforementioned gates firms for the purpose of supple- sion of Cleveland Public Power, after assignment of the Agreement menting the regularly employed Department of Public Utilities. to TWA; and staff of the several departments of Section 4. That the cost of con- Whereas, on January 10, 2001, the City in order to provide mar- tracts authorized by this ordinance TWA filed for Chapter 11 bankrupt- keting, promotional and advertising shall be paid from Fund No. 58 SF cy protection; and services for the Cleveland Public 001 and shall also be charged Whereas, in the course of the Power System Expansion Program. against the proper appropriation bankruptcy, TWA assumed the The selection of the consultants account and the Director of Finance above-referenced assignment and for the services shall be made by shall certify thereon the amount of novation with the City, and assigned the Board of Control upon the nom- the initial purchase thereunder, it to Trans World Airlines, LLC pur- ination of the Director of Public which purchase, together with all suant to a bankruptcy court order Utilities from a list of qualified con- subsequent purchases, shall be made dated April 9, 2001; and sultants from a list of qualified con- on order of the Commissioner of Whereas, the City presently sultants available for the employ- Purchases and Supplies pursuant to desires to take back Gate A-2 and ment as may be determined after a a requisition against such contract the TWA bag claim office from full and complete canvass by the duly certified by the Director of Trans World Airlines, LLC; and Director of Public Utilities for the Finance. (RL 122504) Whereas, this ordinance consti- purpose of compiling such a list. Section 5. That this ordinance is tutes an emergency measure provid- The compensation to be paid for the declared to be an emergency mea- ing for the usual daily operation of services shall be fixed by the Board sure and, provided it receives the a municipal department; now, there- of Control. The contract or contracts affirmative vote of two-thirds of all fore, authorized shall be prepared by the the members elected to Council, it Be it ordained by the Council of Director of Law, approved by the shall take effect and be in force the City of Cleveland: Director of Public Utilities, and cer- immediately upon its passage and Section 1. That the Director of tified by the Director of Finance. approval by the Mayor; otherwise it Port Control is authorized to enter The contracts for marketing shall take effect and be in force into an amendment to Contract No. authorized by this ordinance shall from and after the earliest period 28672 between the City of Cleveland require the participation of neigh- allowed by law. and Trans World Airlines, LLC, to borhood organizations in the devel- Referred to Directors of Public delete from Trans World Airlines, opment of any marketing plan, and Utilities, Finance, Law; Committees LLC’s right and obligation 2,678 further, shall provide that at least on Public Utilities, Finance. square feet of holdroom space locat- fifty percent (50%) of the amount ed on Concourse A, commonly of the contract or contracts for mar- Ord. No. 2227-02. known as Gate A-2, approximately keting services, excluding the By Council Members Westbrook 156 square feet of space on the bag amount attributable to printing or and Jackson (by departmental re- claim level, known commonly as the printing materials, shall fund par- quest). TWA Bag Claim office, and approx- ticipation by neighborhood organi- An emergency ordinance authoriz- imately 1,288 square feet on space zations in marketing the Cleveland ing the Director of Port Control to located on the ramp level of Con- Public Power System Expansion enter into an amendment to Contract course A. The amendment shall be Program. No. 28672 between the City of Cleve- effective upon the effective date of Section 2. That the Director of land and Trans World Airlines, LLC this ordinance. Public Utilities is authorized to to delete certain space from their All other terms and conditions make one or more written require- lease. contained in the original agreement ment contracts in accordance with Whereas, the City entered into a shall remain the same. the Charter and the Codified Ordi- Lease and Agreement with U.S. Air- Section 2. That the amendment nances of Cleveland, Ohio, 1976, for ways, City Contract No. 28672, for authorized shall be prepared by the the requirements for the period of the lease of certain space at the air- Director of Law and shall contain two years of the necessary items of port; and such terms and conditions as said advertisements and marketing, pro- Whereas, pursuant to Ordinance Director deems necessary to protect motional and advertising services, No. 560-97, passed June 2, 1997, the and benefit the public interest. materials and equipment necessary City entered into an assignment Section 3. That this ordinance is to promote and advertise the Cleve- and novation with U.S. Airways, declared to be an emergency mea- land Public Power System Expan- Inc. and Continental Airlines, Inc. sure and, provided it receives the sion Program, in the approximate (“Continental”) to assign all of U.S. affirmative vote of two-thirds of all amount as purchased during the pre- Airways’ rights, duties, and inter- the members elected to Council, it ceding term, to be purchased by the ests relative to Gates A-2, A-4, A-6, shall take effect and be in force Commissioner of Purchases and Sup- A-9, and A-11 and associated sup- immediately upon its passage and plies upon a unit basis for the Divi- port and operations space, City Con- approval by the Mayor; otherwise it sion of Cleveland Public Power, tract No. 28672, and to bind Conti- shall take effect and be in force Department of Public Utilities. Bids nental in place of U.S. Airways as from and after the earliest period shall be taken in such manner as to if Continental were named in the allowed by law. permit an award to be made for all original agreement with respect to Referred to Directors of Port items as a single contract, or by sep- Gates A-2, A-4, A-6, A-9, and A-11 Control, Finance, Law; Committees arate contract for each or any com- and associated support and opera- on Aviation and Transportation, bination of said items as the Board tions space, and to release U.S. Air- Finance. 2457 14 The City Record November 20, 2002

Ord. No. 2228-02. Whereas, this ordinance consti- one or more written requirement By Council Members Sweeney and tutes an emergency measure provid- contracts under the Charter and the Jackson (by departmental request). ing for the usual daily operation of Codified Ordinances of Cleveland, An emergency ordinance authoriz- a municipal department; now, there- Ohio, 1976, for the requirements for ing the purchase by one or more fore, the term of one year or two years requirement contracts of various Be it ordained by the Council of for the necessary items of automo- salt spreader, insert, and plow parts, the City of Cleveland: tive, truck, and equipment glass, including installation if necessary, Section 1. That the Director of Pub- including any related mechanical for the Division of Motor Vehicle lic Service is authorized to make one repairs in the approximate amount Maintenance, Department of Public or more written requirement con- as purchased during the preceding Service. tracts under the Charter and the Cod- term, purchased by the Commission- Whereas, this ordinance consti- ified Ordinances of Cleveland, Ohio, er of Purchases and Supplies upon tutes an emergency measure provid- 1976, for the requirements for the a unit basis for the Division of ing for the usual daily operation of term of one year or two years for the Motor Vehicle Maintenance, Depart- a municipal department; now, there- necessary items of automobile and ment of Public Service. Bids shall be fore, truck spring parts, including instal- taken in a manner to permit an Be it ordained by the Council of lation if necessary in the approxi- award to be made for all items as the City of Cleveland: mate amount as purchased during a single contract, or by separate Section 1. That the Director of the preceding term, purchased by the contract for each or any combina- Public Service is authorized to make Commissioner of Purchases and Sup- tion of the items as the Board of one or more written requirement con- plies upon a unit basis for the Divi- Control determines. Alternate bids tracts under the Charter and the Cod- sion of Motor Vehicle Maintenance, for a period less than a year may ified Ordinances of Cleveland, Ohio, Department of Public Service. Bids be taken if desired by the Commis- 1976, for the requirements for the shall be taken in a manner to per- sioner of Purchases and Supplies term of one year or two years for the mit an award to be made for all until provision is made for the necessary items of various salt items as a single contract, or by sep- requirements for the entire year. spreader, insert, and plow parts, arate contract for each or any com- The Director of Public Service is including installation if necessary in bination of the items as the Board of authorized to enter into one or more the approximate amount as pur- Control determines. Alternate bids contracts with a term of two (2) chased during the preceding term, for a period less than a year may be years instead of one (1) year when purchased by the Commissioner of taken if desired by the Commission- there is a financial advantage to the Purchases and Supplies upon a unit er of Purchases and Supplies until City. For purposes of this ordinance, basis for the Division of Motor Vehi- provision is made for the require- a financial advantage shall be deter- cle Maintenance, Department of Pub- ments for the entire year. The Direc- mined by the Director of Public Ser- lic Service. Bids shall be taken in a tor of Public Service is authorized to vice by comparing the bids received manner to permit an award to be enter into one or more contracts with for both terms. made for all items as a single con- a term of two (2) years instead of Section 2. That the cost of the con- tract, or by separate contract for one (1) year when there is a finan- tract or contracts shall be charged each or any combination of the items cial advantage to the City. For pur- against the proper appropriation as the Board of Control determines. poses of this ordinance, a financial account and the Director of Finance Alternate bids for a period less than advantage shall be determined by shall certify the amount of the ini- a year may be taken if desired by the Director of Public Service by tial purchase, which purchase, the Commissioner of Purchases and comparing the bids received for both together with all later purchases, Supplies until provision is made for te r m s . shall be made on order of the Com- the requirements for the entire year. Section 2. That the cost of the con- missioner of Purchases and Supplies The Director of Public Service is tract or contracts shall be charged under a requisition against the con- authorized to enter into one or more against the proper appropriation tract certified by the Director of contracts with a term of two (2) account and the Director of Finance Finance. (RL 127167) years instead of one (1) year when shall certify the amount of the ini- Section 3. That this ordinance is there is a financial advantage to the tial purchase, which purchase, to- declared to be an emergency mea- City. For purposes of this ordinance, gether with all later purchases, sure and, provided it receives the a financial advantage shall be deter- shall be made on order of the Com- affirmative vote of two-thirds of all mined by the Director of Public Ser- missioner of Purchases and Supplies the members elected to Council, it vice by comparing the bids received under a requisition against the con- shall take effect and be in force for both terms. tract certified by the Director of immediately upon its passage and Section 2. That the cost of the con- Finance. (RL 127172) approval by the Mayor; otherwise it tract or contracts shall be charged Section 3. That this ordinance is shall take effect and be in force against the proper appropriation declared to be an emergency mea- from and after the earliest period account and the Director of Finance sure and, provided it receives the allowed by law. shall certify the amount of the ini- affirmative vote of two-thirds of all Referred to Directors of Public tial purchase, which purchase, the members elected to Council, it Service, Finance, Law; Committees together with all later purchases, shall take effect and be in force on Public Service, Finance. shall be made on order of the Com- immediately upon its passage and missioner of Purchases and Supplies approval by the Mayor; otherwise it Ord. No. 2231-02. under a requisition against the con- shall take effect and be in force By Council Members Sweeney and tract certified by the Director of from and after the earliest period Jackson (by departmental request). Finance. (RL 127175) allowed by law. An emergency ordinance authoriz- Section 3. That this ordinance is Referred to Directors of Public ing the purchase by one or more declared to be an emergency mea- Service, Finance, Law; Committees requirement contracts of anti-freeze, sure and, provided it receives the on Public Service, Finance. for the Division of Motor Vehicle affirmative vote of two-thirds of all Maintenance, Department of Public the members elected to Council, it Ord. No. 2230-02. Service. shall take effect and be in force By Council Members Sweeney and Whereas, this ordinance consti- immediately upon its passage and Jackson (by departmental request). tutes an emergency measure provid- approval by the Mayor; otherwise it An emergency ordinance authoriz- ing for the usual daily operation of shall take effect and be in force ing the purchase by one or more a municipal department; now, there- from and after the earliest period requirement contracts of labor and fore, allowed by law. materials necessary to repair or Be it ordained by the Council of Referred to Directors of Public replace automotive, truck, and the City of Cleveland: Service, Finance, Law; Committees equipment glass, including any Section 1. That the Director of on Public Service, Finance. related mechanical repairs, for the Public Service is authorized to make Division of Motor Vehicle Mainte- one or more written requirement Ord. No. 2229-02. nance, Department of Public Service. contracts under the Charter and the By Council Members Sweeney and Whereas, this ordinance consti- Codified Ordinances of Cleveland, Jackson (by departmental request). tutes an emergency measure provid- Ohio, 1976, for the requirements for An emergency ordinance authoriz- ing for the usual daily operation of the term of one year or two years ing the purchase by one or more a municipal department; now, there- for the necessary items of anti- requirement contracts of automobile fore, freeze in the approximate amount as and truck spring parts, including Be it ordained by the Council of purchased during the preceding installation if necessary, for the the City of Cleveland: term, purchased by the Commission- Division of Motor Vehicle Mainte- Section 1. That the Director of er of Purchases and Supplies upon nance, Department of Public Service. Public Service is authorized to make a unit basis for the Division of 2458 November 20, 2002 The City Record 15

Motor Vehicle Maintenance, Depart- for a period less than a year may of this ordinance, a financial advan- ment of Public Service. Bids shall be be taken if desired by the Commis- tage shall be determined by the taken in a manner to permit an sioner of Purchases and Supplies Director of Public Service by com- award to be made for all items as until provision is made for the paring the bids received for both a single contract, or by separate requirements for the entire year. terms. contract for each or any combina- The Director of Public Service is Section 2. That the cost of the con- tion of the items as the Board of authorized to enter into one or more tract or contracts shall be charged Control determines. Alternate bids contracts with a term of two (2) against the proper appropriation for a period less than a year may years instead of one (1) year when account and the Director of Finance be taken if desired by the Commis- there is a financial advantage to shall certify the amount of the ini- sioner of Purchases and Supplies the City. For purposes of this ordi- tial purchase, which purchase, until provision is made for the nance, a financial advantage shall together with all later purchases, requirements for the entire year. be determined by the Director of shall be made on order of the Com- The Director of Public Service is Public Service by comparing the missioner of Purchases and Supplies authorized to enter into one or more bids received for both terms. under a requisition against the con- contracts with a term of two (2) Section 2. That the cost of the con- tract certified by the Director of years instead of one (1) year when tract or contracts shall be charged Finance. (RL 127169) there is a financial advantage to the against the proper appropriation Section 3. That this ordinance is City. For purposes of this ordinance, account and the Director of Finance declared to be an emergency mea- a financial advantage shall be deter- shall certify the amount of the ini- sure and, provided it receives the mined by the Director of Public Ser- tial purchase, which purchase, affirmative vote of two-thirds of all vice by comparing the bids received together with all later purchases, the members elected to Council, it for both terms. shall be made on order of the Com- shall take effect and be in force Section 2. That the cost of the con- missioner of Purchases and Supplies immediately upon its passage and tract or contracts shall be charged under a requisition against the con- approval by the Mayor; otherwise it against the proper appropriation tract certified by the Director of shall take effect and be in force account and the Director of Finance Finance. (RL 127170) from and after the earliest period shall certify the amount of the ini- Section 3. That this ordinance is allowed by law. tial purchase, which purchase, declared to be an emergency mea- Referred to Directors of Public together with all later purchases, sure and, provided it receives the Service, Finance, Law; Committees shall be made on order of the Com- affirmative vote of two-thirds of all on Public Service, Finance. missioner of Purchases and Supplies the members elected to Council, it under a requisition against the con- shall take effect and be in force Ord. No. 2234-02. tract certified by the Director of immediately upon its passage and By Council Members Sweeney and Finance. (RL 127173) approval by the Mayor; otherwise it Jackson (by departmental request). Section 3. That this ordinance is shall take effect and be in force An emergency ordinance authoriz- declared to be an emergency mea- from and after the earliest period ing the Director of Public Services sure and, provided it receives the allowed by law. to enter into one or more require- affirmative vote of two-thirds of all Referred to Directors of Public ment contracts with R&R Mack the members elected to Council, it Service, Finance, Law; Committees Sales, Inc. for the purchase of E.Z. shall take effect and be in force on Public Service, Finance. Pack packer parts, including labor immediately upon its passage and when necessary, for the Division of approval by the Mayor; otherwise it Ord. No. 2233-02. Motor Vehicle Maintenance, Depart- shall take effect and be in force By Council Members Sweeney and ment of Public Service, for a period from and after the earliest period Jackson (by departmental request). not to exceed two years. allowed by law. An emergency ordinance authoriz- Whereas, this ordinance consti- Referred to Directors of Public ing the purchase by one or more tutes an emergency measure provid- Service, Finance, Law; Committees requirement contracts of Chevrolet- ing for the usual daily operation of on Public Service, Finance. GMC vehicle parts, including instal- a municipal department; now, there- lation if necessary, for the Division fore, Ord. No. 2232-02. of Motor Vehicle Maintenance, Be it ordained by the Council of By Council Members Sweeney and Department of Public Service. the City of Cleveland: Jackson (by departmental request). Whereas, this ordinance consti- Section 1. That it is determined An emergency ordinance authoriz- tutes an emergency measure provid- that the commodities described be- ing the purchase by one or more ing for the usual daily operation of low are non-competitive and cannot requirement contracts of labor and a municipal department; now, there- be secured from any source other materials necessary to repair vehi- fore, than R&R Mack Sales, Inc. (“R&R”). cle frames and for vehicle align- Be it ordained by the Council of Therefore, the Director of Public ments, for the Division of Motor the City of Cleveland: Service is authorized to make one or Vehicle Maintenance, Department of Section 1. That the Director of more written requirement contracts Public Service. Public Service is authorized to make with R&R for a period not to exceed Whereas, this ordinance consti- one or more written requirement two years, for E.Z. Pack packer tutes an emergency measure provid- contracts under the Charter and the parts, including labor when neces- ing for the usual daily operation of Codified Ordinances of Cleveland, sary, for the Division of Motor Vehi- a municipal department; now, there- Ohio, 1976, for the requirements for cle Maintenance, Department of Pub- fore, the term of one year or two years lic Service. Be it ordained by the Council of for the necessary items of Chevro- Section 2. That the cost of the con- the City of Cleveland: let-GMC vehicle parts, including tracts shall be charged against the Section 1. That the Director of installation if necessary in the proper appropriation account and Public Service is authorized to approximate amount as purchased the Director of Finance shall certi- make one or more written require- during the preceding term, pur- fy the amount of the initial pur- ment contracts under the Charter chased by the Commissioner of Pur- chase, which purchase, together and the Codified Ordinances of chases and Supplies upon a unit with all later purchases, shall be Cleveland, Ohio, 1976, for the basis for the Division of Motor Vehi- made on order of the Commissioner requirements for the term of one cle Maintenance, Department of Pub- of Purchases and Supplies under a year or two years for the necessary lic Service. Bids shall be taken in a requisition against such contract items of labor and materials neces- manner to permit an award to be certified by the Director of Finance. sary to repair vehicle frames and made for all items as a single con- (127174). for vehicle alignments in the tract, or by separate contract for Section 3. That this ordinance is approximate amount as purchased each or any combination of the hereby declared to be an emergency during the preceding term, pur- items as the Board of Control deter- measure and, provided it receives chased by the Commissioner of Pur- mines. Alternate bids for a period the affirmative vote of two-thirds of chases and Supplies upon a unit less than a year may be taken if all the members elected to Council, basis for the Division of Motor desired by the Commissioner of Pur- it shall take effect and be in force Vehicle Maintenance, Department chases and Supplies until provision immediately upon its passage and of Public Service. Bids shall be is made for the requirements for the approval by the Mayor; otherwise it taken in a manner to permit an entire year. The Director of Public shall take effect and be in force award to be made for all items as Service is authorized to enter into from and after the earliest period a single contract, or by separate one or more contracts with a term allowed by law. contract for each or any combina- of two (2) years instead of one (1) Referred to Directors of Public tion of the items as the Board of year when there is a financial Service, Finance, Law; Committees Control determines. Alternate bids advantage to the City. For purposes on Public Service, Finance. 2459 16 The City Record November 20, 2002

Ord. No. 2235-02. Codified Ordinances of Cleveland, make the public improvement of By Council Members Sweeney and Ohio, 1976, for the requirements for repairing and constructing side- Jackson (by departmental request). the term of one year or two years walks, driveway aprons, curbing, An emergency ordinance authoriz- for the necessary items of fuel dis- curb ramps, curb strips, intersec- ing the Director of Public Services pensing pumps and systems neces- tions, bridge approaches, utility box to enter into one or more require- sary for fuel operations, fuel and casting adjustments, and appur- ment contracts with Jack Doheny tankers, hydraulic lifts, oil and tenances in areas of the City of Supplies Ohio, Inc. for the purchase great dispensing equipment, station- Cleveland, by one or more public of Elgin street sweeper parts, ary air compressors and for emer- improvement contracts duly let to including labor when necessary, for gency cleanup and replacement of the lowest responsible bidder after the Division of Motor Vehicle Main- leaking underground storage tanks competitive bidding. tenance, Department of Public Ser- and systems in the approximate Section 2. That the Director of vice, for a period not to exceed two amount as purchased during the pre- Public Service is authorized to enter years. ceding term, purchased by the Com- into one or more written require- Whereas, this ordinance consti- missioner of Purchases and Supplies ment contracts with the lowest tutes an emergency measure provid- upon a unit basis for the Division responsible bidders after advertising ing for the usual daily operation of of Motor Vehicle Maintenance, for all such work estimated to be a municipal department; now, there- Department of Public Service. Bids done during a one year period, upon fore, shall be taken in a manner to per- a unit basis. In the discretion of the Be it ordained by the Council of mit an award to be made for all Board of Control, separate require- the City of Cleveland: items as a single contract, or by sep- ment contracts may be let for spec- Section 1. That it is determined arate contract for each or any com- ified districts within the City. that the commodities described bination of the items as the Board Section 3. That the cost of the con- below are non-competitive and can- of Control determines. Alternate tract or contracts shall be charged not be secured from any source bids for a period less than a year against the proper appropriation other than Jack Doheny Supplies may be taken if desired by the Com- account and the Director of Finance Ohio, Inc. (“Jack Doheny”). There- missioner of Purchases and Supplies shall certify the amount of the ini- fore, the Director of Public Service until provision is made for the tial purchaser, which purchase, is authorized to make one or more requirements for the entire year. together with all later purchases, written requirement contracts with The Director of Public Service is shall be made on order of the Com- Jack Doheny for a period not to authorized to enter into one or more missioner of Purchases and Supplies exceed two years, for Elgin street contracts with a term of two (2) under a requisition against the con- sweeper parts, including labor when years instead of one (1) year when tract duly certified by the Director necessary, for the Division of Motor there is a financial advantage to the of Finance. Vehicle Maintenance, Department of City. For purposes of this ordinance, Section 4. That the cost of the Public Service. a financial advantage shall be deter- improvement authorized shall be Section 2. That the cost of the con- mined by the Director of Public Ser- paid from Fund Nos. 10 SF 166, 10 tracts shall be charged against the vice by comparing the bids received SF 168, 14 SF 026, 10 SF 057, 13 SF proper appropriation account and for both terms. 886, and from the fund or funds the Director of Finance shall certi- Section 2. That the cost of the con- which are credited the proceeds of fy the amount of the initial pur- tract or contracts shall be charged the sale of any general obligation chase, which purchase, together against the proper appropriation bonds which include this purpose, with all later purchases, shall be account and the Director of Finance Request No. 117804. made on order of the Commissioner shall certify the amount of the ini- Section 5. That this ordinance is of Purchases and Supplies under a tial purchase, which purchase, hereby declared to be an emergency requisition against such contract together with all later purchases, measure and, provided it receives certified by the Director of Finance. shall be made on order of the Com- the affirmative vote of two-thirds of (127168). missioner of Purchases and Supplies all the members elected to Council, Section 3. That this ordinance is under a requisition against the con- it shall take effect and be in force hereby declared to be an emergency tract certified by the Director of immediately upon its passage and measure and, provided it receives Finance. (RL 127171) approval by the Mayor; otherwise it the affirmative vote of two-thirds of Section 3. That this ordinance is shall take effect and be in force all the members elected to Council, declared to be an emergency mea- from and after the earliest period it shall take effect and be in force sure and, provided it receives the allowed by law. immediately upon its passage and affirmative vote of two-thirds of all Referred to Directors of Public approval by the Mayor; otherwise it the members elected to Council, it Service, City Planning Commission, shall take effect and be in force shall take effect and be in force Finance, Law; Committees on Public from and after the earliest period immediately upon its passage and Service, City Planning, Finance. allowed by law. approval by the Mayor; otherwise it Referred to Directors of Public shall take effect and be in force Ord. No. 2238-02. Service, Finance, Law; Committees from and after the earliest period By Council Members Britt and on Public Service, Finance. allowed by law. Jackson (by departmental request). Referred to Directors of Public An emergency ordinance authoriz- Ord. No. 2236-02. Service, Finance, Law; Committees ing the Director of Public Health to By Council Members Sweeney and on Public Service, Finance. apply for and accept grant funds Jackson (by departmental request). from the Cuyahoga County Board of An emergency ordinance authoriz- Ord. No. 2237-02. Health for the Cuyahoga County ing the purchase by one or more By Council Members Sweeney, Public Health Collaborative pro- requirement contracts of labor and Cimperman and Jackson (by depart- gram; and to enter into contracts as materials necessary to repair or mental request). necessary to implement the pro- replace fuel dispensing pumps and An emergency ordinance deter- gram. systems necessary for fuel opera- mining the method of making the Whereas, this ordinance consti- tions, fuel tankers, hydraulic lifts, public improvement of repairing and tutes an emergency measure provid- oil and great dispensing equipment, constructing sidewalks, driveway ing for the usual daily operation of stationary air compressors and for aprons, curbing, curb ramps, median a municipal department; now, there- emergency cleanup and replacement strips, intersections, bridge ap- fore, of leaking underground storage proaches, utility box and casting Be it ordained by the Council of tanks and systems, for the Division adjustments, and appurtenances and the City of Cleveland: of Motor Vehicle Maintenance, authorizing the Director of Public Section 1. That the Director of Department of Public Service. Service to enter into one or more Public Health is authorized to apply Whereas, this ordinance consti- requirement contracts for the mak- for and accept grant funds from the tutes an emergency measure provid- ing of the improvement. Cuyahoga County Board of Health ing for the usual daily operation of Whereas, this ordinance consti- in the approximate amount of a municipal department; now, there- tutes an emergency measure provid- $200,000, and any other funds as fore, ing for the usual daily operation of they become available during the Be it ordained by the Council of a municipal department; now, there- grant term, to conduct the Cuyahoga the City of Cleveland: fore, County Public Health Collaborative Section 1. That the Director of Be it ordained by the Council of program, for the purposes of prepar- Public Service is authorized to make the City of Cleveland: ing for and responding to a biolog- one or more written requirement Section 1. That under Section 167 ical-related emergency as set forth contracts under the Charter and the of the Charter, it is determined to in the executive summary and 2460 November 20, 2002 The City Record 17 according thereto; that the Director Free Clinic of Greater Section 2. That the cost of the con- of Public Health is authorized to Cleveland $ 40,000 tract or contracts shall be charged file all papers and execute all doc- against the proper appropriation uments necessary to receive the HUMADAOP $ 55,500 account and the Director of Finance funds under the grant; and that the shall certify thereon the amount of funds are appropriated for the pur- Northeast Ohio Neighborhood the initial purchase thereunder, poses set forth in the summary for Health Services $ 51,000 which purchase, together with all the grant. subsequent purchases, shall be made Section 2. That the summary for Recovery Resources $ 20,500 on order of the Commissioner of the grant, File No. 2238-02-A, made a Purchases and Supplies pursuant to part hereof as if fully rewritten GLBTQ Youth Program $ 30,000 a requisition against such contract herein, is approved in all respects. duly certified by the Director of Section 3. That the Director of Regional Advisory Group Finance. (RL 108693) Public Health is authorized to enter Support $ 10,000 Section 3. That this ordinance is into one or more contracts for the declared to be an emergency mea- implementation of the program, In addition, the sum of not more sure and, provided it receives the payable from the fund or funds to than $75,892 is appropriated to the affirmative vote of two-thirds of all which are credited the grant pro- Department of Public Health for the members elected to Council, it ceeds accepted under this ordinance. administrative costs of implement- shall take effect and be in force Section 4. That this ordinance is ing this program and the sum of immediately upon its passage and declared to be an emergency mea- not more than $65,882 is appropri- approval by the Mayor; otherwise it sure and, provided it receives the ated for the operation of the Dis- affirmative vote of two-thirds of all shall take effect and be in force ease Intervention Specialist Ser- from and after the earliest period the members elected to Council, it vices Program conducted by the shall take effect and be in force allowed by law. D e p a r t m e n t . immediately upon its passage and Referred to Directors of Public Section 4. That this ordinance is approval by the Mayor; otherwise it Health, Finance, Law; Committees declared to be an emergency mea- shall take effect and be in force on Health and Human Services, sure and, provided it receives the from and after the earliest period Finance. allowed by law. affirmative vote of two-thirds of all Referred to Directors of Public the members elected to Council, it Ord. No. 2241-02. Health, Finance, Law; Committees shall take effect and be in force By Council Members Britt, White on Health and Human Services, immediately upon its passage and and Jackson (by departmental re- Finance. approval by the Mayor; otherwise it quest). shall take effect and be in force An emergency ordinance to amend Ord. No. 2239-02. from and after the earliest period Section 141.39 of the Codified Ordi- By Council Members Britt and allowed by law. nances of Cleveland, Ohio, 1976, as Jackson (by departmental request). Referred to Directors of Public enacted by Ordinance No. 382-01, An emergency ordinance authoriz- Health, Finance, Law; Committees passed May 21, 2001, relating to ing the Director of Public Health to on Health and Human Services, employment of licensed medical pro- apply for and accept a grant from Finance. fessionals. the Ohio Department of Health for Whereas, this ordinance consti- the Federal AIDS Prevention Pro- Ord. No. 2240-02. tutes an emergency measure provid- gram; and to enter into contract By Council Members Britt and ing for the usual daily operation of with various agencies to implement Jackson (by departmental request). a municipal department; now, there- the program. An emergency ordinance authoriz- fore, Whereas, this ordinance consti- ing the purchase by one or more Be it ordained by the Council of tutes an emergency measure provid- requirement contracts of labor and the City of Cleveland: ing for the usual daily operation of materials necessary to maintain and Section 1. That Section 141.39 of a municipal department; now, there- repair elevators located at various the Codified Ordinances of Cleve- fore, health centers, including inspec- land, Ohio, 1976, as enacted by Ordi- Be it ordained by the Council of tions, for the Division of Health, nance No. 382-01, passed May 21, the City of Cleveland: Department of Public Health, for a 2001, is amended to read as follows: Section 1. That the Director of period not to exceed two years. Public Health is authorized to apply Whereas, this ordinance consti- for and accept a grant in the Section 141.39 Employment of tutes an emergency measure provid- Licensed Medical Professionals approximate amount of $751,774, and ing for the usual daily operation of The Director of Public Health is any other funds as they become a municipal department; now, there- available during the grant term, to authorized to contract for profes- fore, sional services of licensed medical conduct the Federal AIDS Preven- Be it ordained by the Council of professionals as may be necessary tion Program, for the purposes set the City of Cleveland: for the administration and operation forth in the executive summary and Section 1. That the Director of of the Department of Public Health, according thereto; that the Director Public Health is authorized to the clinics and other facilities under of Public Health is authorized to make one or more written require- the jurisdiction of the Department file all papers and execute all doc- ment contracts in accordance with of Public Health. All such contracts uments necessary to receive the the Charter and the Codified Ordi- shall require the medical profes- funds under the grant; and that the nances of Cleveland, Ohio, 1976, for sionals to indemnify the City and funds are appropriated for the pur- the requirements for the period of poses set forth in the summary for provide insurance coverage accept- two years of the necessary items of the grant. able to the Director of Public Health labor and materials necessary to Section 2. That the summary for maintain and repair elevators locat- and Director of Law. the grant, File No. 2239-02-A, made a ed at various health centers, includ- Section 2. That existing Section part hereof as if fully rewritten 141.39 of the Codified Ordinances of herein, is approved in all respects. ing inspections, in the approximate amount as purchased during the Cleveland, Ohio, 1976, as enacted by Section 3. That the Director of Ordinance No. 382-01, passed May 21, Public Health is authorized to enter preceding term, to be purchased by the Commissioner of Purchases and 2001, is repealed. into one or more contracts for the Section 3. That this ordinance is implementation of the program as Supplies upon a unit basis for the Division of Health, Department of declared to be an emergency mea- described in the summary contained sure and, provided it receives the in the file, payable from the fund or Public Health. Bids shall be taken affirmative vote of two-thirds of all funds to which are credited the in such manner as to permit an grant proceeds accepted under this award to be made for all items as the members elected to Council, it ordinance with the following agen- a single contract, or by separate shall take effect and be in force cies, in the following amounts: contract for each or any combina- immediately upon its passage and tion of said items as the Board of approval by the Mayor; otherwise it AIDS Taskforce of Greater Control shall determine. Alternate shall take effect and be in force Cleveland $160,000 bids for a period less than the spec- from and after the earliest period ified term may be taken if deemed allowed by law. BlackOut Unlimited $ 49,500 desirable by the Commissioner of Referred to Directors of Public Purchases and Supplies until provi- Health, Finance, Law; Committees Cleveland Treatment sion is made for the requirements on Health and Human Services, Center $193,500 for the entire term. Legislation, Finance. 2461 18 The City Record November 20, 2002

Ord. No. 2242-02. Section 4. That this ordinance is paid from Fund Nos. 20 SF 340 and By Council Members Gordon, John- declared to be an emergency mea- 20 SF 377. son, Cimperman and Jackson (by sure and, provided it receives the Section 4. That this ordinance is departmental request). affirmative vote of two-thirds of all declared to be an emergency mea- An emergency ordinance authoriz- the members elected to Council, it sure and, provided it receives the ing the Commissioner of Purchases shall take effect and be in force affirmative vote of two-thirds of all and Supplies to sell City-owned prop- immediately upon its passage and the members elected to Council, it erty no longer needed for public use approval by the Mayor; otherwise it shall take effect and be in force located at 1621 Plymouth Road to shall take effect and be in force immediately upon its passage and Property Improvement Specialist from and after the earliest period approval by the Mayor; otherwise it Inc. allowed by law. shall take effect and be in force Whereas, this ordinance consti- Referred to Directors of Parks, from and after the earliest period tutes an emergency measure provid- Recreation and Properties, City allowed by law. ing for the usual daily operation of Planning Commission, Finance, Referred to Directors of Parks, a municipal department; now, there- Law; Committees on Public Parks, Recreation and Properties, City fore, Property and Recreation, City Plan- Planning Commission, Finance, Be it ordained by the Council of ning, Finance. Law; Committees on Public Parks, the City of Cleveland: Property and Recreation, City Plan- Section 1. That notwithstanding Ord. No. 2243-02. ning, Finance. and as an exception to the provi- By Council Members Polensek, sions of Chapters 181 and 183 of the Johnson, Gordon, Cimperman and Ord. No. 2244-02. Codified Ordinances of Cleveland, Jackson (by departmental request). By Council Members Cintron, Gor- Ohio, 1976, it is found and deter- An emergency ordinance authoriz- don, Cimperman and Jackson (by mined that the following described ing the Commissioner of Purchases departmental request). property is no longer needed for and Supplies to acquire property An emergency ordinance authoriz- public use: located at 16300 Lakeshore Boule- ing the sale of real property as part vard for the purpose of park and of the Land Reutilization Program 1621 Plymouth Road recreational purposes. and located on Marvin Avenue to Permanent Parcel No. 009-20-021 Whereas, this ordinance consti- Civic Builders LLC. Situated in the City of Cleveland, tutes an emergency measure provid- Whereas, the City of Cleveland County of Cuyahoga and State of ing for the usual daily operation of adopted and implemented proce- Ohio and known as being part of a municipal department; now, there- dures under Chapter 5722 of the Sublot No. 175 in The Broadview fore, Ohio Revised Code to facilitate Company’s Creston Park Subdivision Be it ordained by the Council of reutilization of nonproductive lands of part of Original Brooklyn Town- the City of Cleveland: situated within the City of Cleve- ship Lot No. 76, as shown by The Section 1. That notwithstanding land; and Recorded Plat in Volume 101 of any provision of the Codified Ordi- Whereas, real property acquired Maps, Page 14 of Cuyahoga County nances of Cleveland, Ohio, 1976, to under the City’s Land Reutilization Records, being further described as the contrary, the Commissioner of Program is acquired, held, adminis- follows: Purchases and Supplies is autho- tered and disposed of by the City of Beginning at the Southwesterly rized to acquire for the public pur- Cleveland through its Department of corner of Sublot No. 175 at its inter- pose of park and recreational pur- Community Development under the section with the Easterly Right-of- poses, the following described prop- terms of Chapter 5722 of the Ohio erty: Way of Plymouth Road S.W., (40 Revised Code and Section 183.021 of feet wide); Codified Ordinances of the City of Permanent Parcel No. 113-17-011 Thence Northeasterly along said Cleveland, 1976; and Situated in the City of Cleveland, Right-of-Way being the Arc of a Whereas, this ordinance consti- County of Cuyahoga and State of Curve deflecting to the right 97.55 tutes an emergency measure provid- Ohio and known as being part of feet and having a Radius of 136.68 ing for the usual daily operation of Original Euclid Township Tract No. a municipal department; now, there- feet, a chord which bears North 39° 16 and bounded and described as fol- 00' 32" East a distance of 95.50 feet lows: fore, to a point of intersection with the Beginning at a point in the Be it ordained by the Council of Easterly property line of Sublot No. Southerly line of Lake Shore Boule- the City of Cleveland: 175; vard (80 feet wide distant North 70° Section 1. That pursuant to Sec- Thence South 10° 34' 03" West 28' 05" East 1366.82 feet therein tion 183.021 of the Codified Ordi- along the said Easterly property from its point of intersection with nances of Cleveland, Ohio, 1976, the line a distance of 82.39 feet to the the Easterly line of East 156th Commissioner of Purchases and Sup- Southeasterly corner of Sublot No. Street (60 feet wide); plies is hereby authorized to sell 175; Thence continuing North 70° 28' Permanent Parcel No. 015-08-130 as Thence North 81° 25' 13" West 05" East 698.21 feet along said more fully described below, to Civic along the Southerly property line of Southerly line of Lake Shore Boule- Builders LLC. Sublot No. 175 a distance of 45.51 vard to its point of intersection with Section 2. That the real property feet to the Point of Beginning, con- the Easterly line of said Tract No. to be sold pursuant to Section 1 of taining 2,425 sq. ft., 0.0557 acres, be 16; this Ordinance is more fully the same more or less, but subject Thence South 0° 28' 45" West described as follows: to all legal highways. 374.62 feet along said Easterly line Section 2. That by and at the of Tract No. 16 to a point; P. P. No. 015-08-130 direction of the Board of Control, Thence South 70° 28' 05" West Situated in the City of Cleveland, the Commissioner of Purchases and 569.88 feet to a point; County of Cuyahoga and State of Supplies is authorized to sell the Thence North 19° 31' 55" West Ohio, and known as being Sublot No. above-described property to Proper- 352.00 feet to the place of beginning, 174 in J.S. Edward’s Subdivision of ty Improvement Specialist Inc. at a according to a survey by Robert H. part of Original Brooklyn Township price not less than fair market Krause, Sr. Registered Ohio Survey- Lots Nos. 55 sand 56, as shown by value as determined by the Board of or No. 2885, July 10, 1967, be the the recorded plat in Volume 6 of Control. same more or less, but subject to all Maps, Page 15 of Cuyahoga County Section 3. That the conveyance legal highways. Records, and being 35 feet front on shall be made by official deed to be The consideration to be paid for the Northerly side of Marvin Ave- prepared by the Director of Law the property shall not exceed its nue, S.W., and extending back of and executed by the Mayor on appraised value. equal width 126 feet, be the same behalf of the City of Cleveland. The Section 2. That the Director of more or less, but subject to all legal deed shall contain provisions includ- Community Development is autho- highways. ing restrictive covenants and rever- rized to execute on behalf of the Subject to Zoning Ordinances, if sionary interests as may be speci- City all documents necessary to any. fied by the Board of Control or acquire the property and to employ Section 3. That pursuant to Sec- Director of Law protecting the par- and pay all fees for title companies, tion 183.021 of the Codified Ordi- ties as their respective interests surveys, escrows, appraiser, and all nances of Cleveland, Ohio 1976, the require. The deed shall also contain other costs necessary for the acqui- Commissioner of Purchases and Sup- a provision against the erection of sition of the property. plies is hereby authorized to sell any advertising signs or billboards Section 3. That the costs of the Permanent Parcel No. 015-12-003 as except permitted identification improvement, services and property more fully described below to Civic s i g n s . acquisition contemplated shall be Builders LLC. 2462 November 20, 2002 The City Record 19

Section 4. That the real property Ohio, and known as being Sublot No. terms of Chapter 5722 of the Ohio to be sold pursuant to this Ordi- 19 in J.S. Edwards Subdivision of Revised Code and Section 183.021 of nance is more fully described as fol- part of Original Brooklyn Township Codified Ordinances of the City of lows: Lots Nos. 55 and 66, as shown by the Cleveland, 1976; and recorded plat in Volume 6 of Maps, Whereas, this ordinance consti- P. P. No. 015-12-003 Page 15 of Cuyahoga County tutes an emergency measure provid- Situated in the City of Cleveland, Records, and being 35 feet front on ing for the usual daily operation of County of Cuyahoga and State of the Northerly side of Marvin Ave- a municipal department; now, there- Ohio, and known as being Sublot No. nue, S.W., and extending back of fore, 40 in Mary J. Loper’s Subdivision of equal width 126 feet to the Souther- Be it ordained by the Council of part of Original Brooklyn Township ly line of Woodbridge Court, S.W., the City of Cleveland: Lot No. 55 as shown by the record- as appears by said plat, be the same Section 1. That pursuant to Sec- ed plat in Volume 12 of Maps, Page more or less, but subject to all legal tion 183.021 of the Codified Ordi- 33 of Cuyahoga County Records, and highways. nances of Cleveland, Ohio, 1976, the being 40 feet front on the Southerly Subject to Zoning Ordinances, if Commissioner of Purchases and Sup- side of Marvin Street, now Marvin any. plies is hereby authorized to sell Avenue, and extending back of Section 11. That all documents Permanent Parcel No(s). 137-01-078, equal width 125.50 feet, as appears necessary to complete the con- as more fully described below, to by said plat. veyance authorized by this ordi- Shorebank Cleveland. Subject to zoning ordinances, if nance shall be executed within six Section 2. That the real property any. (6) months of the effective date of to be sold pursuant to this ordinance Section 5. That pursuant to Sec- this ordinance. If all of the docu- is more fully described as follows: tion 183.021 of the Codified Ordi- ments are not executed within six nances of Cleveland, Ohio 1976, the (6) months of the effective date of P. P. No. 137-01-078 Commissioner of Purchases and Sup- this ordinance, or such additional Situated in the City of Cleveland, plies is hereby authorized to sell time as may be granted by the County of Cuyahoga and State of Permanent Parcel No. 015-15-015 as Director of Community Develop- Ohio, and known as being Sublot No. more fully described below, to Civic ment, this ordinance shall be 217 in the Union-Rice Subdivision of Builders LLC. repealed and shall be of no further part of Original One Hundred Acre Section 6. That the real property to force or effect. Lots Nos. 452 and 444, as shown by be sold pursuant to this Ordinance is Section 12. That the consideration the recorded plat in Volume 47 of more fully described as follows: for the subject parcel shall be estab- Maps, Page 24 of Cuyahoga County lished by the Board of Control and Records, and being 34 feet front on P. P. No. 015-15-015 shall be not less than Fair Market the Westerly side of East 117th Situated in the City of Cleveland, Value taking into account such Street, and extending back of equal County of Cuyahoga and State of terms and conditions, restrictions width, 125 feet deep, be the same Ohio, and known as being Sublot No. and covenants as are deemed nec- more or less, but subject to all legal 5 in the C.L. Jones Allotment of part essary or appropriate. highways. of Original Brooklyn Township Lot Section 13. That the conveyance Subject to zoning ordinances, if No. 66, as shown by the recorded authorized hereby shall be made by any. plat in Volume 6 of Maps, Page 7 of official deed prepared by the Direc- Section 3. That all documents nec- Cuyahoga County Records and tor of Law and executed by the essary to complete the conveyance being 40 feet front on the Southerly Mayor on behalf of the City of authorized by this ordinance shall side of Marvin Avenue, S.W., and Cleveland. The deed shall contain be executed within six (6) months extending back of equal width 140 such provisions as may be necessary of the effective date of this ordi- feet deep, as appears by said plat, to protect and benefit the public nance. If all of the documents are be the same more or less, but sub- interest including such restrictive not executed within six (6) months ject to all legal highways. covenants and reversionary inter- of the effective date of this ordi- Subject to Zoning Ordinances, if ests as may be specified by the nance, or such additional time as any. Board of Control, the Director of may be granted by the Director of Section 7. That pursuant to Sec- Community Development or the Community Development, this ordi- tion 183.021 of the Codified Ordi- Director of Law. nance shall be repealed and shall be nances of Cleveland, Ohio 1976, the Section 14. That this ordinance is of no further force or effect. Commissioner of Purchases and hereby declared to be an emergency Section 4. That the consideration Supplies is hereby authorized to sell measure and, provided it receives for the subject parcel shall be estab- Permanent Parcel No. 015-10-045 as the affirmative vote of two-thirds of lished by the Board of Control and more fully described, to Civic all the members elected to Council, shall be not less than Fair Market Builders LLC. it shall take effect and be in force Value taking into account such Section 8. That the real property immediately upon its passage and terms and conditions, restrictions to be sold pursuant to this Ordi- approval by the Mayor; otherwise it and covenants as are deemed nec- nance is more fully described as fol- shall take effect and be in force essary or appropriate. lows: from and after the earliest period Section 5. That the conveyance allowed by law. authorized hereby shall be made by P. P. No. 015-10-045 Referred to Directors of Commu- official deed prepared by the Direc- Situated in the City of Cleveland, nity Development, City Planning tor of Law and executed by the County of Cuyahoga and State of Commission, Finance, Law; Com- Mayor on behalf of the City of Ohio, and known as being Sublot No. mittees on Community and Econom- Cleveland. The deed shall contain 18 in J.S. Edwards Subdivision of ic Development, City Planning, such provisions as may be necessary part of Original Brooklyn Township Finance. to protect and benefit the public Lots Nos. 55 and 66, as shown by the interest including such restrictive recorded plat in Volume 6 of Maps, Ord. No. 2245-02. covenants and reversionary inter- Page 15 of Cuyahoga County By Council Members Reed, Gor- ests as may be specified by the Records and being 35 feet front on don, Cimperman and Jackson (by Board of Control, the Director of the Northerly side of Marvin Ave- departmental request). Community Development or the nue, S.W., as appears by said plat, An emergency ordinance authoriz- Director of Law. be the same more or less, but sub- ing the sale of real property as part Section 6. That this ordinance is ject to all legal highways. of the Land Reutilization Program hereby declared to be an emergency Section 9. That pursuant to Sec- and located at East 117th Street to measure and, provided it receives tion 183.021 of the Codified Ordi- Shorebank Cleveland. the affirmative vote of two-thirds of nances of Cleveland, Ohio 1976, the Whereas, the City of Cleveland all the members elected to Council, Commissioner of Purchases and Sup- has elected to adopt and implement it shall take effect and be in force plies is hereby authorized to sell the procedures under Chapter 5722 immediately upon its passage and Permanent Parcel No. 015-10-046 as of the Ohio Revised Code to facili- approval by the Mayor; otherwise it more fully described below, to Civic tate reutilization of nonproductive shall take effect and be in force Builders LLC. lands situated within the City of from and after the earliest period Section 10. That the real property Cleveland; and allowed by law. to be sold pursuant to this Ordinance Whereas, real property acquired Referred to Directors of Commu- is more fully described as follows: under the City’s Land Reutilization nity Development, City Planning Program is acquired, held, adminis- Commission, Finance, Law; Com- P. P. No. 015-10-046 tered and disposed of by the City of mittees on Community and Econom- Situated in the City of Cleveland, Cleveland through its Department of ic Development, City Planning, County of Cuyahoga and State of Community Development under the Finance. 2463 20 The City Record November 20, 2002

Ord. No. 2246-02. shall contain such provisions as he Whereas, the Area is located in a By Council Members Cimperman, deems necessary or appropriate to blighted area of an impacted city as Gordon and Jackson (by depart- protect the City’s interest. those terms are defined in Section mental request). Section 4. That the Mayor, the 1728.01 of the Ohio Revised Code; An emergency ordinance authoriz- Directors of Law, Finance, and Eco- and ing the Commissioner of Purchases nomic Development are hereby Whereas, pursuant to Sections and Supplies to acquire title to cer- authorized to execute such certifi- 5709.40 and 5709.41 of the Ohio tain property in the Euclid/Prospect cations and documents and to take Revised Code, said exemption may II Community Development Area such other actions as may be nec- exceed 75% of such improvements and to reconvey title to such prop- essary or appropriate to carry out for up to 30 years without the erty to Lower Euclid Avenue LLC to the terms of the agreements autho- approval of the board of education effectuate the public purpose of the rized in this Ordinance. of the school district within the ter- Euclid/Prospect II Community De- Section 5. That it is hereby found ritory of which the improvements velopment Plan and the Lower Eu- and determined that all formal are or will be located if the ordi- clid Avenue Commercial and Resi- actions of this Council concerning nance declaring improvements to a dential District (the “Project”); and and relating to the passage of this parcel to be a public purpose speci- authorizing the execution of various Ordinance where adopted in open fies that service payments in lieu of contracts, certifications, and other meetings of this Council, and any of taxes provided for in Section 5709.42 documents related thereto. its committees that resulted in such of the Ohio Revised Code shall be Whereas, the Euclid/Prospect II formal action were in meetings open paid to the school district in which Community Development Plan, ap- to the public in compliance with the the parcel is located in the amount law. proved and adopted by the Council of the taxes that would have been of the City of Cleveland by Ordi- Section 6. That this ordinance is payable to the school district if the nance No. 870-2000 passed May 14, hereby declared to be an emergency improvements had not been exempt- 2001 (the “Plan”), contemplates cer- measure and, provided it receives ed from taxation; and tain rehabilitation and/or redevel- the affirmative vote of two-thirds of Whereas, this ordinance consti- opment activities in the Eu- all the members elected to Council, tutes an emergency measure in that clid/Prospect II Community Devel- it shall take effect and be in force the same provides for the immediate opment Plan Area (the “Area”) in immediately upon its passage and preservation of the public peace, accordance with the Plan; and approval by the Mayor, otherwise it safety, property, and welfare, and Whereas, Lower Euclid Avenue shall take effect and be in force for the further reason that designa- LLC, an Ohio limited liability com- from and after the earliest period pany, has submitted a proposal for allowed by law. tion of the Area and approval of the the rehabilitation and redevelop- Referred to Directors of Econom- Plan will stimulate the creation and ment of the properties within the ic Development, City Planning Com- preservation of job opportunities Area known as the Lower Euclid mission, Finance, Law; Committees and advance and promote residen- Avenue Commercial and Residential on Community and Economic, City tial, commercial and economic de- District, which proposed redevelop- Planning, Finance. velopment in the Area; now, there- ment provides the best use and best fore, carries out the intent of the Plan; Ord. No. 2247-02. Be it ordained by the Council of and By Council Members Cimperman, the City of Cleveland: Whereas, the acquisition, con- Gordon and Jackson (by depart- Section 1. That the commercial veyance and redevelopment of the mental request). and residential improvements to be Lower Euclid Avenue Commercial An emergency ordinance authoriz- constructed in the Area by Lower and Residential District has been ing the Director of Economic Devel- Euclid Avenue LLC or its successors determined to be a satisfactory and opment to enter into agreements and assigns (“Redeveloper”), which desirable method for the implemen- with various property owners to pro- meet the criteria set forth in Section tation of the Plan; and vide tax increment financing to par- 8 below (“Improvements”), on the Whereas, this ordinance consti- tially finance certain improvements Real Property, are hereby declared tutes an emergency measure provid- as part of the Lower Euclid Avenue to be a public purpose for purposes ing for the immediate preservation Commercial and Residential District of Sections 5709.40, 5709.41 and of the public property, health, and redevelopment project and to pro- 5709.42 of the Ohio Revised Code. safety in that the authorization of vide for service payments in lieu of Section 2. That one hundred per- agreements with Lower Euclid taxes, and to declare certain cent (100%) of the Improvements to Avenue LLC is necessary so that improvements to real property to be property are hereby declared exempt steps can be undertaken immediate- a public purpose. from real property taxation for a ly to implement the Plan; now, Whereas, by Ordinance No. 870- period of thirty (30) years; provid- therefore, 2000, passed May 14, 2001, this Coun- ed, however, that as to any residen- Be it ordained by the Council of cil designated the Euclid/Prospect tial property for which real proper- the City of Cleveland: II Community Development Plan ty tax abatement is granted by an Section 1. That the proposal of ordinance adopted pursuant to Sec- Lower Euclid Avenue LLC (here- Area (“Area”) and approved the Eu- clid/Prospect II Community De- tion 3735.66 of the Ohio Revised inafter, the “Redeveloper”) for the Code, such exemption shall apply to acquisition, conveyance, and rede- velopment Plan (“Plan”); and Whereas, pursuant to Section the effective real property taxation velopment of the properties com- payable after the abatement. monly known as the Lower Euclid 5709.41 of the Ohio Revised Code, improvements to real property with- Section 3. That, pursuant to Sec- Avenue Commercial and Residential tion 5709.42 of the Ohio Revised District in the Euclid/Prospect II in the Area and consistent with the Plan, may be declared to be a pub- Code, Redeveloper (or the owners of Community Development Plan Area the Improvements) shall make ser- is hereby approved. lic purpose where fee title to such vice payments for a period of thirty Section 2. That, notwithstanding real property was, at one time, held (30) years in lieu of said exempt and as an exception to the Codified by the City of Cleveland; and Ordinances of Cleveland, Ohio, 1976, Whereas, pursuant to the authori- taxes to the Cuyahoga County Trea- the Commissioner of Purchases and ty of Ordinance No. 2246-02, passed surer, and said payments shall be Supplies is hereby authorized to ______, 2002, the City charged and collected in the same acquire the title to all property com- acquired fee title to certain real manner and shall be in an amount prising the Project as more fully property within the Area, which is not less than the taxes that would described in File No. 2246-02-A, and more particularly described in the have been paid, had the Improve- to subsequently reconvey title to documents set forth in the file ments not been exempt from taxa- such property to the Redeveloper to described in Section 1 of this ordi- tion. comply with the requirements of nance (the “Real Property”) prior to Section 4. That the Mayor or Section 5709.41(B)(1) of the Ohio adoption of this Ordinance; and Director of Economic Development, Revised Code, for consideration as Whereas, pursuant to Section with the approval of the Director of determined by the Board of Control. 5709.41 of the Ohio Revised Code, Law, is authorized to enter into one The Mayor and Commissioner of such improvements so declared to be or more agreements with such par- Purchases and Supplies are hereby a public purpose may be exempt ties as may be necessary or appro- authorized to execute any and all from real property taxation; and priate to effectuate the purposes of documents necessary or appropriate Whereas, pursuant to Section this ordinance. to effectuate the transactions autho- 5709.42 of the Ohio Revised Code, the Section 5. That pursuant to Section rized herein. owners of such improvements may 5709.43 of the Ohio Revised Code Section 3. That the agreements be required to make annual service there is hereby established a Euclid authorized pursuant to this Ordi- payments in lieu of taxes that /Prospect II Urban Redevelopment nance shall be prepared and ap- would have been paid had such Tax Increment Equivalent Fund (the proved by the Director of Law and improvements not been exempt; and “Euclid/Prospect II TIF Fund). 2464 November 20, 2002 The City Record 21

Section 6. That a portion of the of Economic Development, would the members elected to Council, it service payments collected pursuant attract customers from an area shall take effect and be in force to Section 4 hereof shall be distrib- greater than 50 miles from the loca- immediately upon its passage and uted by the Cuyahoga County Trea- tion of the Financed Improvements, approval by the Mayor; otherwise it surer to the Treasurer of the Cleve- or shall take effect and be in force land Municipal School District in the (y) the proposed tenant operates from and after the earliest period amount of the taxes that would not less than two retail, restaurant allowed by law. have been payable to the District or entertainment facilities within Referred to Directors of Econom- had the Improvements not been five or more states or not less than ic Development, Finance, Law; Com- exempt from taxation. two retail, restaurant or entertain- mittees on Community and Econom- Section 7. That the Director of ment facilities within the state of ic Development, Finance. Economic Development, with the Ohio. approval of the Director of Law, is (iv) the lease term for the Ord. No. 2249-02. hereby authorized to enter into an Financed Improvements is at least By Council Members Jackson, Gor- agreement or agreements with Re- five (5) years. don and Cimperman (by departmen- developer (or the owners of the Section 9. Pursuant to Section tal request). Improvements) to provide for the 5709.41 of the Ohio Revised Code, the An emergency ordinance authoriz- exemption and service payments Director of Economic Development ing the Director of Economic Devel- described herein, including agree- is hereby directed to deliver a copy opment to enter into an Empower- ments securing the payments of this Ordinance to the Director of ment Zone Section 108 loan and an described in Section 4 of this Ordi- the Department of Development of Economic Development Initiative nance and including, as determined the State of Ohio within fifteen (15) Grant Agreement with The Cleve- by the Director of Economic Devel- days of its passage and approval by land Growers Marketing Company, opment, guarantees of minimum ser- the Mayor. Inc. to provide economic develop- vice payments, which agreement or Section 10. That it is hereby found ment assistance to partially finance agreements shall contain such other and determined that all formal the acquisition, demolition, and real terms and conditions as the Direc- actions of this Council concerning property improvements, and all tors of Economic Development and and relating to the passage of this other associated costs necessary Law deem necessary to protect the Ordinance where adopted in open construct a new warehouse and dis- public interest. meetings of this Council, and any of tribution facility in the vicinity of Section 8. That the balance of the its committees that resulted in such Ashland, Cedar, and Longfellow service payments collected pursuant formal action were in meetings open Avenues, Cleveland, Ohio. to Section 4 hereof shall be distrib- to the public in compliance with the Whereas, this ordinance consti- uted by the Cuyahoga County Trea- law. tutes an emergency measure provid- surer to the Treasurer of the City of Section 11. That this ordinance is ing for the usual daily operation of Cleveland and deposited in the hereby declared to be an emergency a municipal department; now, there- Euclid/Prospect II Fund created by measure and, provided it receives fore, Section 6 hereof. With the approval the affirmative vote of two-thirds of Be it ordained by the Council of of the Director of Economic Devel- all the members elected to Council, the City of Cleveland: opment and the Director of Law, it shall take effect and be in force Section 1. That the Director of moneys deposited in the Eu- immediately upon its passage and Economic Development is autho- clid/Prospect II Urban Redevelop- approval by the Mayor, otherwise it rized to enter into an Empowerment ment Tax Increment Equivalent shall take effect and be in force Zone Section 108 loan with The Fund shall be used to pay the costs from and after the earliest period Cleveland Growers Marketing Com- of, or to pay the principal (whether allowed by law. pany, Inc. to provide economic devel- at maturity or by prior redemption) Referred to Directors of Econom- opment assistance to partially of, and interest on revenue bonds or ic Development, Finance, Law; Com- finance the acquisition, demolition, other debt obligations to be issued mittees on Community and Econom- and real property improvements, by the City (or other appropriate ic Development, Finance. and all other associated costs nec- governmental issuer) to finance a essary construct a new warehouse portion of the costs of the Improve- Ord. No. 2248-02. and distribution facility in the vicin- ments, and the costs attributable to By Council Members Jackson and ity of Ashland, Cedar, and Longfel- the sale of the such bonds or oblig- Gordon (by departmental request). low Avenues, Cleveland, Ohio (the ations, inclusive of attorneys’ fees, An emergency ordinance to amend “Improvement”). appraisals and other similar fees, Sections 2 and 3 of Ordinance No. Section 2. That the Director of provided that the Improvements for 1288-02, passed June 17, 2002, relat- Economic Development is autho- which bonds are issued and moneys ing to a loan and grant agreement rized to enter into a grant agree- deposited in the Euclid/Prospect II with The Cleveland Growers Mar- ment with The Cleveland Growers TIF Fund may be used (“Financed keting Company, Inc. for redevelop- Marketing Company, Inc. to receive Improvements”) shall meet the fol- ment of property located south of Economic Development Initiative lowing requirements, subject, in Cedar Avenue near Ashland and Grant funds to partially finance the each case, to the approval of this Longfellow Avenues, Cleveland, Improvement. Council: Ohio. Section 3. That the terms of the (a) the Financed Improvements Whereas, this ordinance consti- loan and grant are described in the shall be either (i) residential, office, tutes an emergency measure provid- Summary contained in File No. 2249- retail, restaurant or entertainment ing for the usual daily operation of 02-A. facilities or (ii) another use which a municipal department; now, there- Section 4. That the costs of the supports residential, office, retail, fore, contract shall not exceed a loan restaurant or entertainment facili- Be it ordained by the Council of amount of $4,000,000 and a grant ties, including, without limitation, the City of Cleveland: amount of $1,000,000. The loan shall parking facilities containing at Section 1. That Sections 2 and 3 of be paid from Fund No. 18 SF 001 and least 250 parking spaces for use by Ordinance No. 1288-02, passed June 18 SF 003 and the grant shall be residents or patrons of residential, 17, 2002, are amended to read as fol- paid from Fund No. 18 SF 003, retail, restaurant or entertainment lows: Request No. 124004. facilities within the District. Section 2. That the terms of the Section 5. That the Director of (b) If the Financed Improvements loan and grant shall be in accor- Economic Development is autho- are retail, restaurant or entertain- dance with the terms as set forth in rized to accept the collateral ment facilities, such Financed the Summary contained in File No. described in the Summary contained Improvements shall meet at least 1288-02-B. in the file referenced in this ordi- three of the following four criteria: Section 3. That the costs of the nance to secure repayment of the (i) the Financed Improvements, or contract shall not exceed a loan loan. Any security instrument shall a portion thereof, shall be leased to amount of $600,000 and a grant be prepared and approved by the anchor tenants leasing a minimum amount of $400,000. The loan shall Director of Law. of 5,000 square feet; be paid from Fund Nos. 18 SF 001 Section 6. That the Director of (ii) the cost of tenant improve- and 18 SF 003 and the grant shall Economic Development is autho- ments for the Financed Improve- be paid from Fund No. 18 SF 003, rized to accept monies in repayment ments is at least $125 per square Request No. 123537. of the loan and to deposit the foot; Section 2. That existing Sections 2 monies in Fund No. 18 SF 002. (iii) either and 3 of Ordinance No. 1288-02, Section 7. That the Director of (x) the proposed tenant is an passed June 17, 2002, are repealed. Economic Development is autho- anchor tenant which, in the reason- Section 3. That this ordinance is rized to charge and accept fees in able judgment of the owner of the declared to be an emergency mea- an amount not to exceed the maxi- proposed Financed Improvements, sure and, provided it receives the mum allowable fees under federal and not objected to by the Director affirmative vote of two-thirds of all regulations and the fees are appro- 2465 22 The City Record November 20, 2002 priated to cover costs incurred in Section 1. That this Council Section 1. That the Director of the preparation of the loan applica- approves the application of the Economic Development is autho- tion, closing and servicing of the Enterprise for enterprise zone incen- rized to enter into a contract with loan. The fees shall be deposited to tives on the basis that the Enter- Gateway Electric, Inc. to provide and expended from Fund No. 18 SF prise is qualified by financial economic development assistance to 004. responsibility and business experi- partially finance the construction of Section 8. That the Director of ence to create and preserve employ- a new 30,000 square foot facility Law is authorized to prepare the ment opportunities in the Cleveland located at Block H, Parcel B in the contract and other documents appro- Area Enterprise Zone and to Cleveland Industrial Park, Cleve- priate to complete the transaction. improve the economic climate of the land, Ohio (the “Improvement”). Section 9. That this ordinance is City of Cleveland. Section 2. That the terms of the declared to be an emergency mea- Section 2. That the Director of loan are described in the Summary sure and, provided it receives the Economic Development is autho- contained in File No. 2251-02-A. affirmative vote of two-thirds of all rized to enter into an Enterprise Section 3. That the costs of the the members elected to Council, it Zone Agreement with the Enterprise contract shall not exceed a loan shall take effect and be in force to provide for a ten year seventy- amount of $210,000, and it shall be immediately upon its passage and five percent (75%) tax abatement paid from Fund No. 12 SF 954 and approval by the Mayor; otherwise it on property, equipment, and inven- 17 SF 008, which funds are appro- shall take effect and be in force tory as an incentive to develop, con- priated for this purpose, Request No. from and after the earliest period struct and acquire various proper- 103577. allowed by law. ties in order to construct a new Section 4. That the Director of Referred to Directors of Econom- warehouse and distribution facility Economic Development is autho- ic Development, City Planning Com- in the vicinity of Ashland, Cedar rized to accept the collateral mission, Finance, Law; Committees and Longfellow Avenues, in the described in the Summary contained on Community and Economic Devel- Cleveland Area Enterprise Zone; the in the file referenced in this ordi- opment, City Planning, Finance. abatement shall be subject to annu- nance to secure repayment of the al review of the Tax Incentive loan. Any security instrument shall Ord. No. 2250-02. Review Council. be prepared and approved by the By Council Members Jackson, Gor- Section 3. That the terms of the Director of Law. don and Cimperman (by departmen- tax abatement shall be in accor- Section 5. That the Director of tal request). dance with the terms in the Sum- Economic Development is autho- An emergency ordinance authoriz- mary contained in File No. 2250-02- rized to accept monies in repayment ing the Director of Economic Devel- A. These terms shall not be amend- of the loan and to deposit the opment to enter into an Enterprise ed, nor shall the tax abatement be monies in Fund Nos. 12 SF 958 and Zone Agreement with The Cleveland assignable or transferrable to any 17 SF 006. Growers Marketing Company Inc. to entity, without the prior legislative Section 6. That the Director of provide for a ten year seventy-five authorization by Cleveland City Economic Development is autho- percent tax abatement on property, Council. rized to charge and accept fees in equipment, and inventory as an Section 4. That the Director of an amount not to exceed the maxi- incentive to develop, construct and Economic Development is autho- mum allowable fees under federal acquire various properties in order rized to charge and accept fees in regulations and the fees are appro- to construct a new warehouse and an amount not to exceed the maxi- priated to cover costs incurred in distribution facility in the vicinity mum allowable under Chapter 5709 the preparation of the loan applica- of Ashland, Cedar and Longfellow of the Revised Code and the funds tion, closing and servicing of the Avenues, in the Cleveland Area are appropriated for the purposes loan. The fees shall be deposited to Enterprise Zone. listed in Chapter 5709 of the Revised and expended from Fund No. 17 SF Whereas, under Ordinance No. 948- Code. The fees shall be deposited 305, Loan Fees Fund. 95, passed June 19, 1995, this Coun- to and expended from Fund No. 17 Section 7. That the Director of cil designated an area in the City of SF 305, Loan Fees Fund. Law is authorized to prepare the Cleveland, described in File No. 948- Section 5. That the Director of contract and other documents appro- 95-A, as the Cleveland Area Enter- Law shall prepare and approve the priate to complete the transaction. prise Zone (the “Zone”) under Chap- agreement and that the agreement Section 8. That this ordinance is ter 5709 of the Ohio Revised Code; shall contain terms and provisions declared to be an emergency mea- and as the director deems necessary to sure and, provided it receives the Whereas, in August, 1995, the protect the City’s interest. affirmative vote of two-thirds of all Director of Development of the State Section 6. That this ordinance is the members elected to Council, it of Ohio determined that the Zone declared to be an emergency mea- shall take effect and be in force contains the characteristics in Sec- sure and, provided it receives the immediately upon its passage and tion 5709.61(A) of the Revised Code affirmative vote of two-thirds of all approval by the Mayor; otherwise it and certified the area as an “Urban the members elected to Council, it shall take effect and be in force Jobs and Enterprise Zone” under shall take effect and be in force from and after the earliest period Chapter 5709 of the Revised Code; immediately upon its passage and allowed by law. and approval by the Mayor; otherwise it Referred to Directors of Econom- Whereas, The Cleveland Growers shall take effect and be in force ic Development, City Planning Com- Marketing Company Inc. (the from and after the earliest period mission, Finance, Law; Committees “Enterprise”) has proposed to devel- allowed by law. on Community and Economic Devel- op, construct and acquire various Referred to Directors of Econom- opment, City Planning, Finance. properties in order to construct a ic Development, City Planning Com- new warehouse and distribution mission, Finance, Law; Committees Ord. No. 2252-02. facility in the vicinity of Ashland, on Community and Economic Devel- By Council Members Westbrook, Cedar and Longfellow Avenues, in opment, City Planning, Finance. Gordon and Jackson (by depart- the Cleveland Area Enterprise Zone; mental request). and Ord. No. 2251-02. An emergency ordinance authoriz- Whereas, the Enterprise has cer- By Council Members Jones, Gor- ing the Director of Economic Devel- tified to the City that it would be don, Cimperman and Jackson (by opment to enter into a contract with at a competitive disadvantage oper- departmental request). Cudell Improvement, Inc. to provide ating at this location if taxes on the An emergency ordinance authoriz- economic development assistance to real property improvements were ing the Director of Economic Devel- partially finance the acquisition and not abated; and opment to enter into a contract with renovation of real property located Whereas, this ordinance consti- Gateway Electric, Inc. to provide at 10505 Madison Avenue, and all tutes an emergency measure provid- economic development assistance to other associated costs necessary to ing for the immediate preservation partially finance the construction of redevelop the property, located in of the public peace, safety, proper- a facility at Block H, Parcel B in Cleveland, Ohio. ty, and welfare and that its enact- the Cleveland Industrial Park, and Whereas, this ordinance consti- ment is a necessary prerequisite to all other associated costs necessary tutes an emergency measure provid- providing immediate assistance to to redevelop the property, located in ing for the usual daily operation of create and preserve job opportuni- Cleveland, Ohio. a municipal department; now, there- ties and advance and promote com- Whereas, this ordinance consti- fore, mercial and economic development tutes an emergency measure provid- Be it ordained by the Council of in the City of Cleveland, and the ing for the usual daily operation of the City of Cleveland: assistance is immediately necessary a municipal department; now, there- Section 1. That the Director of or jobs will be lost; now, therefore, fore, Economic Development is autho- Be it ordained by the Council of Be it ordained by the Council of rized to enter into a contract with the City of Cleveland: the City of Cleveland: Cudell Improvement, Inc. to provide 2466 November 20, 2002 The City Record 23 economic development assistance to line of Highview Drive S.E. (50 feet Section 2. That the Director of partially finance the acquisition and wide), said point being 209.42 feet Finance is authorized to cause writ- renovation of real property located Westerly from the centerline of the ten notice of the adoption of this at 10505 Madison Avenue (the aforesaid Lee Road; thence Easterly resolution to be given to the owners “Improvement”). along the centerline of said High- and persons in possession or having Section 2. That the terms of the view Drive S.E. to the centerline of an interest of record in the above- loan are described in the Summary Lee Road; thence southerly along described premises. The notice contained in File No. 2252-02-A. the said centerline of Lee Road to shall be served according to law by Section 3. That the costs of the the place of beginning; a person designated for that purpose contract shall not exceed a loan and as outlined in red on the by the Director of Finance and amount of $50,000, and it shall be attached map is changed to a One- return shall be made in the manner paid from Fund No. 17 SF 008, which Family Residential District. provided by law. funds are appropriated for this pur- Section 2. That the changed des- Section 3. That this resolution is pose, Request No. 103578. ignation of lands described in Sec- declared to be an emergency mea- Section 4. That the Director of tion 1 shall be identified as Map sure and, provided it receives the Economic Development is autho- Change No. 2062, Sheet No. 10, and affirmative vote of two-thirds of all rized to accept the collateral shall be made upon the Building the members elected to Council, it described in the Summary contained Zone Maps of the City of Cleveland shall take effect and be in force in the file referenced in this ordi- on file in the office of the Clerk of immediately upon its adoption and nance to secure repayment of the Council and on file in the office of approval by the Mayor; otherwise, it loan. Any security instrument shall the City Planning Commission by shall take effect and be in force be prepared and approved by the the appropriate person designated from and after the earliest period Director of Law. for this purpose by the City Plan- allowed by law. Section 5. That the Director of ning Commission. Referred to Directors of Parks, Economic Development is autho- Section 3. That this ordinance Recreation and Properties, City rized to accept monies in repayment shall take effect and be in force Planning Commission, Finance, of the loan and to deposit the from and after the earliest period Law; Committees on Public Parks, monies in Fund No. 17 SF 006. allowed by law. Property and Recreation, City Plan- Section 6. That the Director of Referred to Directors of City Plan- ning, Finance. Economic Development is autho- ning Commission, Law; Committee rized to charge and accept fees in on City Planning. Res. No. 2255-02. an amount not to exceed the maxi- By Council Members Cimperman, mum allowable fees under federal FIRST READING EMERGENCY Gordon and Jackson (by depart- regulations and the fees are appro- RESOLUTIONS REFERRED mental request). priated to cover costs incurred in An emergency resolution declar- the preparation of the loan applica- Res. No. 2254-02. ing the necessity and intention to tion, closing and servicing of the By Council Members Polensek, appropriate property for the public loan. The fees shall be deposited to Johnson, Cimperman and Jackson use for the acquisition, clearance and expended from Fund No. 17 SF (by departmental request). and redevelopment according to the 305, Loan Fees Fund. An emergency resolution declar- Euclid/Prospect II Community De- Section 7. That the Director of ing the necessity and intention to velopment Plan for the blighted Law is authorized to prepare the appropriate property for the public area designated as Treatment Area contract and other documents appro- purpose of park and recreational Block 3, Site B. priate to complete the transaction. purposes, located at 16300 Lakeshore Whereas, this resolution consti- Section 8. That this ordinance is Boulevard. tutes an emergency measure provid- declared to be an emergency mea- Whereas, this resolution consti- ing for the usual daily operation of sure and, provided it receives the tutes an emergency measure provid- a municipal department; now, there- affirmative vote of two-thirds of all ing for the usual daily operation of fore, the members elected to Council, it a municipal department; now, there- Be it resolved by the Council of shall take effect and be in force fore, the City of Cleveland: immediately upon its passage and Be it resolved by the Council of Section 1. That for the public pur- approval by the Mayor; otherwise it the City of Cleveland: pose of acquisition, clearance and shall take effect and be in force Section 1. That for the public pur- redevelopment according to the from and after the earliest period pose of park and recreational pur- Euclid/Prospect II Community allowed by law. poses, it is necessary to appropriate Development Plan, for the blighted Referred to Directors of Econom- property located at 16300 lakeshore area designated as Treatment Area ic Development, Finance, Law; Com- Boulevard in fee simple property Block 3, Site B, it is necessary to mittees on Community and Econom- interests. This Council declares its appropriate in fee simple interest ic Development, Finance. intent to appropriate the fee simple and this Council declares its intent property interests in and to that to appropriate the fee simple inter- FIRST READING property, as described below: est in and to the following described ORDINANCE REFERRED property: Permanent Parcel No. 113-17-011 Ord. No. 2253-02. Situated in the City of Cleveland, formerly known as By Council Member Jones. County of Cuyahoga and State of P. P. No. 101-26-031 An ordinance to change the zon- Ohio and known as being part of Situated in the City of Cleveland, ing of property on Lee Road, from Original Euclid Township Tract No. County of Cuyahoga and State of Preibe Avenue to McCracken Road 16 and bounded and described as fol- Ohio, and known as being part of to a One-Family Residential District. lows: Original Two Acre Lot No. 88, (Map Change No. 2062, Sheet No. 10) Beginning at a point in the bounded and described as follows: Be it ordained by the Council of Southerly line of Lake Shore Boule- Beginning on the Southerly line the City of Cleveland: vard (80 feet wide distant North 70° of Euclid Avenue, 99 feet in width, Section 1. That the Use District of 28' 05" East 1366.82 feet therein lands bounded and described as fol- from its point of intersection with at the Northeasterly corner of land lows: the Easterly line of East 156th conveyed to Caius C. Cobb by deed Beginning on the centerline of Street (60 feet wide); dated September 8, 1873 and record- Lee Road S.E. (80 feet wide) at its Thence continuing North 70° 28' ed in Volume 221, Page 447 of Cuya- intersection with the centerline of 05" East 698.21 feet along said hoga County Records; thence North Preibe Avenue S.E. (50 feet wide); Southerly line of Lake Shore Boule- 79° 50' 00" East along the Souther- thence Easterly along the centerline vard to its point of intersection with ly line of Euclid Avenue, 71.25 feet of said Preibe Avenue to its inter- the Easterly line of said Tract No. to its intersection with the Wester- section with the centerline of East 16; ly line of East 3rd Street (former- 166th Place (10 feet wide); thence Thence South 0° 28' 45" West ly Hickox Alley), 16.5 feet in width; Southerly along the centerline of 374.62 feet along said Easterly line thence South 10° 10' 00" East along said East 166th Place and its of Tract No. 16 to a point; the Westerly line of East 3rd Southerly prolongation to its inter- Thence South 70° 28' 05" West Street, 150.83 feet to the periphery section with the centerline of 569.88 feet to a point; of a circle forming a Westerly part McCracken Road S.E. (width Thence North 19° 31' 55" West of East 3rd Street as described in varies); thence Westerly along the 352.00 feet to the place of beginning, “An Ordinance to lay out and estab- centerline of said McCracken Road according to a survey by Robert H. lish Hickox Alley” passed March 15, to a point distant 193.88 feet West- Krause, Sr. Registered Ohio Survey- 1838 by the Council of City of erly from the centerline of Lee Road or No. 2885, July 10, 1967, be the Cleveland; thence Southwesterly as aforesaid; thence northerly in a same more or less, but subject to all along the periphery of said circle, direct line to a point in the center- legal highways. being the arc concave Southeaster- 2467 24 The City Record November 20, 2002 ly a distance of 20.94 feet to its Page 627 of Cuyahoga County Course No. 2: thence North 67° 13' intersection with the Westerly line Records; thence Westerly along said 37" East along the Southeasterly of said Original Two Acre Lot No. Southerly line of Euclid Avenue, line of said Ohio National Life Insur- 88, said curved line having a radius about 50 feet to the Northeasterly ance Company, a distance of 91.17 of 16.08 feet and a chord which corner of land conveyed to Lewis feet to a point in the Westerly line bears South 54° 39' 56" West a dis- Dibbler, by deed dated December 29, of land conveyed to MRN Limited tance of 19.59 feet; thence North 34° 1826, and recorded in Volume C, Partnership by deed recorded in Vol- 13' 40" West along the Westerly Page 195 of Cuyahoga County ume 97-06253, Page 36 of Cuyahoga line of said Original Two Acre Lot Records; thence Southerly along the County Records; No. 88, 136.64 feet to the most Easterly line of land so conveyed to Course No. 3: thence South 11° 43' Southerly corner of land conveyed Lewis Dibble, about 99 feet to the 54" East along the Westerly line of to Caius C. Cobb, as aforemen- Northerly line of land leased to John said land conveyed to MRN Limited tioned; thence North 9° 52' 20" A. Ellsler, by lease dated May 15, Partnership, distance of 96.96 feet to West along the Easterly line of 1873, and recorded in Volume 4 of the Northeasterly corner of land con- land so conveyed to Caius C. Cobb, Leases, Page 357 of Cuyahoga Coun- veyed to Avram Bendoly by deed 37.57 feet to the place of beginning, ty Records; thence Easterly along recorded in Volume 95-06908, Page 17 according to survey by Garrett and the Northerly line of land so leased of Cuyahoga County Records; Associates, Inc., made in August 10, to John A. Ellsler to the Westerly Course No. 4: thence South 78° 12' 1973, be the same more or less, but line of land conveyed to Harvey 37" West along the Northwesterly subject to all legal highways. Rice, as aforesaid; thence Northerly line of said lands conveyed to In addition to the above described along the Westerly line of land so Avram Bendoly and Carole Andrews, parcel a portion of a circle as estab- conveyed to Harvey Rice, 99 feet to a distance of 78.50 feet to the place lished by an Ordinance passed the place of beginning, be the same of beginning and containing 0.1713 March 15, 1838, part of East 3rd more or less, but subject to all legal acres (7,462 square feet) of land Street, as vacated by Ordinance No. highways. according to the survey by McSteen 145-98, passed by Council of the City and Associates, Inc. dated March 3, of Cleveland, Ohio February 9, 1998, P. P. No. 101-26-050 2000, last revised April 13, 2000, be as shown by the Vacation Plat Situated in the City of Cleveland, the same more or less, but subject recorded in Volume 302 of Maps, County of Cuyahoga and State of to all legal highways (said land Page 93 of Cuyahoga County Ohio, and known as being part of being the same as Parcel 4 as Records, further known as portion Original Two Acre Lot Nos. 99 and shown on the survey). “A” thereof. 100 and bounded and described as follows: P. P. No. 101-26-062 and 101-26-068 P. P. No. 101-26-038 Beginning upon the Northerly line Situated in the City of Cleveland, Situated in the City of Cleveland, of Prospect Street at the Southwest County of Cuyahoga and State of County of Cuyahoga and State of corner of land deeded James S. Ohio, and known as being part of Ohio, and known as being part of Clark to Henry H. Dodge, by deed Block “A” in the Map of Consolida- Original Two Acre Lot Nos. 90 and dated April 10, 1833, and recorded in tion of part of Original Two Acre 91 and bounded and described as fol- Volume P, Page 38 of Cuyahoga Lot Nos. 87, 88, 89, 100 and 101 as lows: County Records; thence running shown by the plat re-recorded in Beginning on the Southerly line of Northerly along the Westerly line of Volume 306 of Maps, Pages 26 to 32, Euclid Avenue, at the Northwester- land deeded by Henry J. Dodge as A.F.N. 200005180943 of Cuyahoga ly corner of land conveyed to aforesaid 81-1/2 feet to the South- County Records and being a parcel Ebenezer F. Starks by deed dated east corner of land deeded to Sarah of land bounded and described as September 26, 1825, and recorded in Chaloner, by deed dated April 24, follows: Volume E, Page 397, of Cuyahoga 1845 and recorded in Volume 37 of Beginning in the Westerly line of County Records; thence Southerly at Deeds, Page 65 of Cuyahoga County East 4th Street, 40 feet wide, at the right angles to said Southerly line Records; thence Westerly along the Northeasterly corner of said Block of Euclid Avenue, 99 feet to the Southerly line of said land conveyed “A”, from which point a drill hole Northerly line of land conveyed to to Sarah Chaloner as aforesaid was found 1.00 foot Easterly; the Western and Southern Life about 28.2 feet to the Easterly line Course No. 1: thence South 11° 49' Insurance Company by deed record- of Hickox Alley; thence Southerly 57" East along said Westerly line of ed in Volume 5828, Page 617 of along the Easterly line of Hickox East 4th Street, 34.43 feet to the Cuyahoga County Records; thence Alley about 82-1/2 feet to the Southeasterly corner of said Block Easterly along said Northerly line Northerly line of Prospect Street; “A”, from which point a drill hole of land so conveyed to the Western thence Easterly along the Northerly was set 1.00 foot Easterly; and Southern Life Insurance Com- line of Prospect Street about 35 feet Course No. 2: thence South 78° 12' pany by deed recorded in Volume to the place of beginning; said par- 48" West along the Southerly line of 5828, Page 617 of Cuyahoga County cel of land having a frontage of said Block “A”, 8.0.00 feet to a South- Records, about 49.50 feet to the about 35.38 feet on the Northerly westerly corner therein; Southwesterly corner of land con- side of Prospect Street, and frontage Course No. 3: thence North 11° 49' veyed by Alva Bradley and wife to on the Easterly side of Hickox alley 57" West along a Westerly line of the Western and Southern Life of about 82-1/2 feet, be the same said Block “A”, 1.31 feet to an inner Insurance Company by deed record- more or less, but subject to all legal corner therein; ed in Volume 4810, Page 155 of highways. Course No. 4: thence South 63° 18' Cuyahoga County Records; thence 37" West along a Southeasterly line Northerly and parallel with the first P. P. No. 101-26-061 of said Block “A”, 29.53 feet to an described line, and along the West- Situated in the City of Cleveland, angle point therein; erly line of land so conveyed to the County of Cuyahoga and State of Course No. 5: thence South 67° 14' Western and Southern Life Insur- Ohio, and known as being part of 24" West along the Southeasterly ance Company by deed recorded in Original Two Acre Lot Nos. 87, 88, line of said Block “A”, 91.11 feet to Volume 4810, Page 155 of Cuyahoga 99 and 100 further bounded and the most Southerly corner thereof County Records, 99 feet to said described as follows: and a point in the Easterly line of Southerly line of Euclid Avenue; Beginning at the intersection of East 3rd Street, 16.50 feet wide, from thence Westerly along said Souther- the Northerly line of Prospect which point a drill hole was found ly line of Euclid Avenue, about 49.50 Avenue, 82.5 feet wide with the 0.50 feet Westerly; feet to the place of beginning, be Easterly line of East 3rd Street; Course No. 6: thence North 19° 34' the same more or less, but subject thence North 19° 35' 23" West along 35" West along the Easterly line of to all legal highways. the Easterly line of East 3rd Street, East 3rd Street, 30.05 feet to the a distance of 82.50 feet to the most most Southerly corner of Parcel No.3 P. P. No. 101-26-039 Westerly corner of land conveyed to of land conveyed to 308 Euclid Ltd. Situated in the City of Cleveland, Carole Andrews by deed recorded in by the deed recorded as A.F.N. County of Cuyahoga and State of Volume 96-8563, Page 2 of Cuyahoga 199907271267 of Cuyahoga County Ohio, and known as being part of County Records and the principal Records; Original Two Acre Lot Nos. 90 and place of beginning of the property Course No. 7: thence North 67° 14' 91, and bounded and described as intended to be described: 24" East along the Northwesterly follows: Course No. 1: thence North 19° 35' line of land so conveyed to 308 Beginning on the Southerly line of 23" West continuing along the East- Euclid Ltd., 103.93 feet to the South- Euclid Avenue, at the Northwester- erly line of East 3rd Street, a dis- easterly corner thereof; ly corner of land conveyed to Har- tance of 80.33 feet to the Southeast Course No. 8: thence North 11° 49' vey Rice, by deed dated August 28, corner of land conveyed to Ohio 57" West along the Easterly line of 1833, and recorded in Volume M, National Life Insurance Company; land so conveyed to 308 Euclid Ltd., 2468 November 20, 2002 The City Record 25

8.42 feet to an inner corner of said Whereas, this ordinance consti- ing for the usual daily operation of Block “A”; tutes an emergency measure provid- a municipal department; now, there- Course No. 9: thence North 78° 10' ing for the usual daily operation of fore, 03" East along a Northerly line of a municipal department; now, there- Be it ordained by the Council of said Block “A”, 100.00 feet to a fore, the City of Cleveland: Northeasterly corner thereof and the Be it ordained by the Council of Section 1. That in order to com- place of beginning and containing the City of Cleveland: plete the redevelopment of the prop- within said boundaries 6,519 square Section 1. That Section 1 of Ordi- erty, and notwithstanding and as an feet (0.1497 acres) of land according nance No. 2412-01, passed February exception to any provision of the to a survey based on said Record 11, 2002, is amended to read as fol- Codified Ordinances of the City, the Plat by Garrett and Associates, Inc. lows: Director of the Department of Com- Engineers and Surveyors, made in Section 1. That notwithstanding munity Development is authorized November 2002 be the same more or and as an exception to the provi- to apply for, execute and deliver less, but subject to all legal high- sions of Chapters 181 and 183 of the grant agreements and accept and ways. Codified Ordinances of Cleveland, expend grant funds from the Cleve- The intent of this legal descrip- Ohio, 1976, the Mayor of the city of land and Gund Foundations in tion is to include all of the three Cleveland and the Directors of Eco- amounts not to exceed $450,000.00 parcels conveyed to The Ohio nomic Development and/or Parks, and the grant proceeds are appro- National Life Insurance Company by Recreation and Properties are priated for purposes of financial Executor’s Deed dated May 16, 1955 authorized to enter into a Purchase assistance to WTech, LP for the and recorded in Volume 8284, Page Agreement to sell the property redevelopment of the former West 305 of Cuyahoga County Records. described in File No. 2 4 1 2 - 0 1 - B Technical High School into market (“Purchase Parcel”) to Achievement rate and affordable apartments and P. P. No. 101-26-070 Centers for Children or its for the purposes described in any Situated in the City of Cleveland, designee, for the construction of a financial documents. County of Cuyahoga and State of building, which property is deter- Section 2. That the Director of the Ohio, and known as being part of mined to be no longer needed for Department of Community Develop- Original Two Acre Lot Nos. 100 and public use. ment is authorized to enter into one 101 and bounded and described as Section 2. That existing Section 1 or more contracts with WTech, LP follows: of Ordinance No. 2412-01, passed Feb- for financial assistance to redevelop Beginning on the West line of ruary 11, 2002, is repealed. the former West Technical High Sheriff Street, now known as East Section 3. That this ordinance is School. 4th Street, at a point 96 feet North declared to be an emergency mea- Section 3. That the Mayor, the of the Northerly line of Prospect sure and, provided it receives the Director of Community Development, Street, now known as Prospect affirmative vote of two-thirds of all Director of Finance, Director of Law, Avenue, S.E.; thence Northerly along the members elected to Council, it the Clerk of Council and other City the Westerly line of Sheriff Street, shall take effect and be in force officials, as appropriate, are autho- now known as East 4th Street, 29 immediately upon its passage and rized to provide such information 1/2 feet; thence Westerly at the approval by the Mayor; otherwise it and to execute, certify or furnish right angles to Sheriff Street, now shall take effect and be in force such other documents as are neces- known as East 4th Street, 80 feet; from and after the earliest period sary for or incidental to carrying out thence Southerly parallel with Sher- allowed by law. the grants and loans for the rede- iff Street, now known as East 4th Motion to suspend rules. Charter velopment of the property, including Street, 29-1/2 feet; thence Easterly and statutory provisions and place subordination and intercreditor 80 feet to the place of beginning, be on final passage. agreements with other lenders which the same more or less, but subject The rules were suspended. Yeas may alter the City’s position on to all legal highways. 21. Nays 0. Read second time. Read existing agreements. The loans to Section 2. That the Director of third time in full. Passed. Yeas 21. WTech, LP may be made as multi- Finance is authorized to cause writ- Nays 0. ple loans in an aggregate amount ten notice of the adoption of this resolution to be given to the owners not to exceed $1,650,000.00 and the and persons in possession or having Ord. No. 2224-02. obligation of WTech, LP to repay an interest of record in the above- By Council Members Westbrook, the loans may be subordinate to the described premises. The notice Gordon and Jackson (by depart- obligations of WTech, LP under any shall be served according to law by mental request). other financing arrangements for a person designated for that purpose An emergency ordinance authoriz- the property improvements. Notwith- by the Director of Finance and ing actions for the redevelopment of standing, and as an exception to any return shall be made in the manner the former West Technical High provision of any Codified Ordinance provided by law. School into market rate and afford- of the City, if determined by the Section 3. That this resolution is able apartments, including authoriz- Director of Finance to be advanta- declared to be an emergency mea- ing the Director of Community geous to the financing of the prop- sure and, provided it receives the Development to apply for and accept erty improvements, the City may affirmative vote of two-thirds of all grants from the Cleveland and Gund evidence all or a portion of the loans the members elected to Council, it Foundations; authorizing the Direc- by accepting obligations exempt shall take effect and be in force tor of Community Development to from federal income tax under Sec- immediately upon its adoption and enter into loan agreements with tion 103 of the Internal Revenue approval by the Mayor; otherwise, it WTech, LP to further the redevel- Code of 1986, as amended, and issued shall take effect and be in force opment and authorizing and approv- for the purpose of funding the prop- from and after the earliest period ing related matters. erty improvements. The Mayor, the allowed by law. Whereas, the City desires to apply Director of Community Development, Referred to Directors of Commu- for, accept and expend grants from the Director of Finance, the Director nity Development, City Planning the Cleveland and Gund Founda- of Law and other City officials, as Commission, Finance, Law; Commit- tions in amounts not to exceed appropriate, are hereby authorized tees on Community and Economic $450,000.00 for the purpose of pro- to accept such security instruments Development, City Planning, Finance. viding financial assistance to and execute and deliver such agree- WTech, LP to assist in the redevel- ments as may be necessary to secure FIRST READING EMERGENCY opment of the former West Techni- repayment of the loans consistent ORDINANCES READ IN FULL cal High School property located at with the provisions of this Ordi- AND PASSED 2201 W. 93rd Street into 189 market na n c e . rate and affordable apartments Section 4. That the cost of the con- Ord. No. 2223-02. units; and tracts, loans and expenditures for By Council Members Gordon, John- Whereas, the City desires to fur- the financial assistance shall not son and Jackson (by departmental ther assist the redevelopment by exceed $1,650,000.00 and shall be request). loaning additional funds to the pro- paid from Fund Nos. 14 SF 028 and An emergency ordinance to amend ject; and 13 SF 955, Request No. 125724. Section 1 of Ordinance No. 2412-01, Whereas, the City desires to Section 5. That this Council finds passed February 11, 2002, relating to authorize and approve certain other and determines that the redevelop- a Purchase Agreement with matters relative to the redevelop- ment of the property with affordable Achievement Centers for Children, ment and other related development housing units will further the City’s or its designee, for approximately 5 of the West Tech property; and objective of providing additional acres of land in the Cleveland Whereas, this ordinance consti- safe, decent and sanitary affordable Enterprise Park. tutes an emergency measure provid- housing in the City and improve the 2469 26 The City Record November 20, 2002 health, safety and economic welfare ing for the usual daily operation of Avenue (West), pole # 88329 and of the residents of the City, all of a municipal department; now, there- South of Carnegie Avenue (East), which is determined to be substan- fore, pole # 88330; and which pole and tial additional consideration to the Be it ordained by the Council of banner locations shall be approved City. the City of Cleveland: by the Director of Public Service in Section 6. That it is found and Section 1. That Section 1 of Ordi- consultation with the Director of determined that all formal actions nance No. 2170-01, passed November Public Safety, as to type, method of of this Council and any of its com- 21, 2001, is hereby amended to read affixing and location so as not to mittees concerning and relating to respectively as follows: interfere with any sign erected and the passage of this Ordinance were Section 1. That the Director of maintained under the requirements taken, and that all deliberations of Community Development is autho- of law or ordinance. The permission this Council and of any of its com- rized to enter into an agreement of the owner of any pole from which mittees that resulted in those formal with Northeast Neighborhood Devel- a banner will be placed must be actions were held, in meetings open opment Corporation for the partial obtained prior to issuance of the per- to the public in compliance with all support of the Sim’s Raiders Foot- mit. No commercial advertising shall legal requirements, including, with- ball team and booster club partici- be printed or permitted on said ban- out limitation, Section 121.22 of the pation in the Championship tourna- ners, and said banners shall be Revised Code. ment and recreational sports activi- removed promptly upon the expira- Section 7. That it is found and ties from August 7, 2001 to March tion of said permit. determined, and is represented and 31, 2003 to carry out the public pur- Section 2. That this ordinance is recited, that the provisions of Sec- pose of providing recreation pro- hereby declared to be an emergency tions 28, 29, 32, 33 (including the grams for youth residing in the City measure and provided it receives the provisions of Section 33 with respect of Cleveland. That the cost for pro- affirmative vote of two-thirds of all to readings on three separate days viding such partial support should the members elected to Council, it or dispensing with such readings by not exceed $23,000 and shall be paid shall take effect and be in force a two-thirds vote of all members of from the Ward 6, 8, 9, 10, and 11 immediately upon its passage and the Council), 36, 37, 48 and all other Community Development Block approval by the Mayor; otherwise, it applicable provisions of the City’s Grant funds, Year 26, 27, and 28, shall take effect and be in force Charter and the rules of this Coun- Fund No. 12, SF. 027, 028. from and after the earliest period cil have been fully complied with Section 2. That existing Section 1 allowed by law. and this Ordinance was passed in of Ordinance No. 2170-01, passed Motion to suspend rules. Charter conformity with those requirements. November 19, 2001, is hereby re- and statutory provisions and place Section 8. That each section and pealed. on final passage. each part of each section of this Section 3. That this ordinance is The rules were suspended. Yeas Ordinance is declared to be an inde- hereby declared to be an emergency 21. Nays 0. Read second time. Read pendent section or part of a section measure and, provided it receives third time in full. Passed. Yeas 21. and, notwithstanding any other evi- the affirmative vote of two-thirds of Nays 0. dence of legislative intent, it is all the members elected to Council, declared to be the controlling leg- it shall take effect and be in force Ord. No. 2258-02. islative intent that if any such sec- immediately upon its passage and By Council Member Jackson. tion or part of a section or any pro- approval by the Mayor; otherwise it An emergency ordinance to amend vision of a section, or the applica- shall take effect and be in force Section 2 of Ordinance No. 1391-02, tion of a section to any person or from and after the earliest period passed July 17, 2002, authorizing the circumstance, is held to be invalid, allowed by law. Clerk of Council to employ City the remaining sections or parts of Motion to suspend rules. Charter Architecture to provide professional sections and the application of any and statutory provisions and place services necessary to design im- provisions to any other person or on final passage. provements to City Council offices. circumstance, other than those as to The rules were suspended. Yeas Whereas, this ordinance consti- which it is held invalid, shall not be 21. Nays 0. Read second time. Read tutes an emergency measure provid- affected, and it is declared to be the third time in full. Passed. Yeas 21. ing for the usual daily operation of legislative intent that the other pro- Nays 0. a municipal department; now, there- visions of this Ordinance would fore, have been passed independently of Ord. No. 2257-02. Be it ordained by the Council of such section, or parts of a section, By Council Members Conwell, the City of Cleveland: so held to be invalid. Scott and Britt. Section 1. That Section 2 of Ordi- Section 9. That this ordinance is An emergency ordinance authoriz- nance No. 1391-02, passed July 17, declared to be an emergency mea- ing and directing the Director of 2002, is hereby amended to read as sure and, provided it receives the Public Service to issue a permit to follows: affirmative vote of two-thirds of all University Circle Incorporated to Section 2. That the cost of said the members elected to Council, it stretch a banner on Stokes Blvd. contract shall not exceed $45,000.00 shall take effect and be in force South of Carnegie on Cleveland Pub- and shall be paid from the proceeds immediately upon its passage and lic Power utility poles (by separate of the sale of general obligation approval by the Mayor; otherwise it permission) publicizing Holiday Cir- bonds of the City of Cleveland shall take effect and be in force cleFest for the period of November authorized by Ordinance No. 373-02, from and after the earliest period 20, 2002 to December 13, 2002, inclu- passed March 11, 2002, and/or from allowed by law. sive. Fund Nos. 11 SF 006, 20 SF 191, 20 Motion to suspend rules. Charter Whereas, this ordinance consti- SF 300, 20 SF 310, 20 SF 320, 20 SF and statutory provisions and place tutes an emergency measure provid- 331, 20 SF 340, 20 SF 351, 20 SF 362, on final passage. ing for the usual daily operation of 20 SF 371, 20 SF 381, 11 SF 006, The rules were suspended. Yeas a municipal department; now, there- Request No. 115126. 21. Nays 0. Read second time. Read fore, Section 2. That existing Section 2 third time in full. Passed. Yeas 21. Be it ordained by the Council of of Ordinance No. 1391-02, passed July Nays 0. the City of Cleveland: 17, 2002, is hereby repealed. Section 1. That notwithstanding Section 3. That this ordinance is Ord. No. 2256-02. the provision of Section 623.13 of the hereby declared to be an emergency By Council Members Britt, Coats, Codified Ordinances of Cleveland, measure and, provided it receives Conwell, Polensek, and Scott. Ohio 1976, the Director of Public Ser- the affirmative vote of two-thirds of An emergency ordinance to amend vice is hereby authorized and direct- all the members elected to Council, Section 1 of Ordinance No. 2170-01, ed to issue a permit to University it shall take effect and be in force passed November 21, 2001 as it per- Circle Incorporated, 10831 Magnolia immediately upon its passage and tains to authorizing the Director of Drive, Cleveland, Ohio 44106-1887, to approval by the Mayor; otherwise it Community Development to enter install, maintain and remove a ban- shall take effect and be in force into an agreement with Northeast ner to be stretched on Cleveland from and after the earliest period Neighborhood Development Corpora- Public Power utility poles, (by sep- allowed by law. tion for the partial support of the arate permission), for the period of Motion to suspend rules. Charter Sim’s Raiders Youth Football Pro- November 20, 2002 to December 13, and statutory provisions and place gram through the use of Ward 6, 8, 2002, inclusive, publicizing the Hol- on final passage. 9, 10, and 11 Community Develop- iday CircleFest event, and which The rules were suspended. Yeas ment Block Grant Funds. banner is to be placed at the fol- 21. Nays 0. Read second time. Read Whereas, this ordinance consti- lowing pole locations and numbers: third time in full. Passed. Yeas 21. tutes an emergency measure provid- Stokes Boulevard; South of Carnegie Nays 0. 2470 November 20, 2002 The City Record 27

Ord. No. 2259-02. By Council Member Jackson. An emergency ordinance to amend Section 4 of Ordinance No. 469-02, passed April 1, 2002, as amended by Ordinance No. 1214-02, passed June 10, 2002, relating to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Section 4 of Ordinance No. 469-02, passed April 1, 2002, as amended by Ordinance No. 1214-02, passed June 10, 2002, is hereby amended to read as follows:

Section 4. Employees of Council-— Salary That the Clerk of Council, with the approval of the President of Council, shall fix the salary of the employees of Council within the limits established in the following schedule for each classification:

Minimum Maximum

1. Administrative Assistant...... $21,851.06 $66,588.26 2. Administrative Secretary...... $18,630.00 $66,588.26 3. Assistant Legislative Clerk...... $14,630.00 $52,186.71 4. Chief City Archivist ...... $21,851.06 $70,233.38 5. Chief Legislative Secretary...... $21,851.06 $70,233.38 6. Council Receptionist...... $18,630.00 $42,140.03 7. Deputy City Archivist...... $18,630.00 $66,588.26 8. Deputy Clerk...... $21,851.06 $66,588.26 9. Director of Communications ...... $24,974.46 $70,233.38 10. Director of Policy Research ...... $24,974.46 $70,233.38 11. Executive Assistant – Administration ...... $24,974.46 $70,233.38 12. Executive Assistant – Councilmembers...... $ 7.16 $ 14.51 13. Executive Assistant to the Clerk of Council...... $24,974.46 $70,233.38 14. Financial Assistant ...... $18,630.00 $42,140.03 15. Financial Manager...... $21,851.06 $70,233.38 16. Financial Officer...... $18,630.00 $66,588.26 17. First Assistant Clerk...... $24,974.46 $70,233.38 18. Information and Technology Administrator...... $21,851.06 $66,588.26 19. Information Systems Engineer ...... $24,974.46 $70,233.38 20. Legislative Assistant...... $18,630.00 $56,186.71 21. Legislative Committee Clerk...... $18,630.00 $56,186.71 22. Legislative Secretary...... $18,630.00 $56,186.71 23. Personnel and Human Resources Assistant...... $18,630.00 $66,588.26 24. Personnel and Human Resources Manager...... $21,851.06 $70,233.38 25. Planning and Development Advisor...... $55,000.00 $70,000.00 26. Policy Research Analyst...... $21,851.06 $66,588.26 27. Public Relations Manager...... $21,851.06 $70,233.38 28. Sergeant-at-Arms...... $13,304.30 $38,634.90 29. Special Counsel...... $41,416.04 $75,000.00

Section 2. That existing Section 4 of Ordinance No. 469-02, passed April 1, 2002 as amended by Ordinance No. 1214-02, passed June 10, 2002, is hereby repealed. Section 3. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force imme- diately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Motion to suspend rules. Charter and statutory provisions and place on final passage. The rules were suspended. Yeas 21. Nays 0. Read second time. Read third time in full. Passed. Yeas 21. Nays 0.

Ord. No. 2260-02. authorized and directed to contin- Section 3. That existing Section 4 By Council Members Polensek and ue health and life insurance bene- of Ordinance No. 2035-01 passed Dolan. fits for any City employees, other- December 10, 2001, is renumbered to An emergency ordinance to amend wise eligible for such benefits, new “Section 3”. Section 2 and repeal Section 3 of who are now serving or may in the Section 4. That this ordinance is Ordinance No. 2035-01 passed Decem- future serve as part of the active hereby declared to be an emergency ber 10, 2001, relating to health and military forces of the United States life insurance benefits for City measure and, provided it receives military in connection with the the affirmative vote of two-thirds of employees on military leave; and to recent terrorists acts that occurred renumber existing Section 4 to new all the members elected to Council, in New York City and Washington, it shall take effect and be in force Section 3. D.C., and that such benefits con- Whereas, this ordinance consti- immediately upon its passage and tinue for the duration of such tutes an emergency measure provid- approval by the Mayor; otherwise it ing for the usual daily operation of employees’ active military service in connection with the recent ter- shall take effect and be in force a municipal department; now, there- from and after the earliest period fore, rorists acts that occurred in New York City and Washington, D.C., or allowed by law. Be it ordained by the Council of Motion to suspend rules. Charter the City of Cleveland: for up to one (1) y e a r from the Section 1. That Section 2 of Ordi- effective date of this ordinance, and statutory provisions and place nance No. 2035-01 passed December whichever is first. on final passage. 10, 2001 is hereby amended to read Section 2. That the existing Sec- The rules were suspended. Yeas as follows: tions 2 and 3 of Ordinance No. 2035- 21. Nays 0. Read second time. Read Section 2. That the Director of 01 passed December 10, 2001 are third time in full. Passed. Yeas 21. Personnel and Human Resources is hereby repealed. Nays 0. 2471 28 The City Record November 20, 2002

Ord. No. 2264-02. sidized housing, encouraging the Whereas, this Council has consis- By Council Member Scott. United States Congress to support tently supported the need and rights An emergency ordinance authoriz- the Preservation Matching Grant of its citizens to live in safe, decent, ing and directing the Director of Program, encouraging the Governor fair, accessible, and affordable hous- Public Service to issue a permit to of Ohio and the Ohio State Legisla- ing; and Sabra Pierce Scott to stretch a ban- ture to support the creation of a ded- Whereas, this resolution consti- ner on East Blvd. and St. Clair Ave. icated, permanent and adequate fund tutes an emergency measure for the on Cleveland Public Power utility for the State of Ohio Housing Trust immediate preservation of public poles (by separate permission) pub- Fund, and supporting the efforts of peace, property, health, or safety, licizing the “New Traffic Signal the Alliance of Cleveland HUD Ten- now, therefore, Dedication Ceremony” for the period ants, the Cleveland Tenants Organi- Be it resolved by the Council of of November 20, 2002 to December zation, the NorthEast Ohio Coalition the City of Cleveland: 18, 2002, inclusive. for the Homeless, and the Progres- Section 1. That this Council reaf- Whereas, this ordinance consti- sive Action Council in their efforts firms the importance and need for tutes an emergency measure provid- to address housing issues. affordable housing and hereby ing for the usual daily operation of Whereas, according to the United endorses the National Trust Fund a municipal department; now, there- States Department of Housing and Act of 2001 and encourages the Ohio fore, Urban Development, 5.4 million Congressional Delegation to support Be it ordained by the Council of households in the United States live the National Housing Trust Fund the City of Cleveland: in substandard housing or are pay- Act of 2001. Section 1. That notwithstanding ing more than 30% of their income Section 2. That this Council the provision of Section 623.13 of the on housing costs; and encourages the United States Con- Codified Ordinances of Cleveland, Whereas, according to the Urban gress to alleviate the rent burden of Ohio 1976, the Director of Public Ser- Institute, 3.5 million households in tenants by reducing the amount of vice is hereby authorized and direct- the United States will experience rent owed by tenants living in fed- ed to issue a permit to Sabra Pierce homelessness this year and 1.35 mil- erally subsidized housing from 30% Scott, to install, maintain and lion of those people are children; of their gross income to 25% of their remove a banner to be stretched on and gross income Cleveland Public Power utility Whereas, in the City of Cleveland, Section 3. That this Council encour- poles, (by separate permission), for 50% of the approximately 101,000 ages the United States Congress to the period of November 20, 2002 to rental households pay more than support the Preservation Matching December 18, 2002, inclusive, publi- 30% of their income for rent, and Grant Program, which would provide cizing the “New Traffic Signal Dedi- 25% pay more than 50% of their a federal match for dollars spent in cation Ceremony”, and which banner income on rent; and Ohio on preserving federally subsi- is to be placed at the following pole Whereas, in Cuyahoga County, an dized housing projects. locations and numbers: Pole #M-5-16, extremely low income household, Section 4. That this Council on the S.W. corner of East Boule- earning $18,000 per year or 30% of encourages the Governor of Ohio vard and St. Clair Avenue; and Pole the area median income of $60,000 and the Ohio State Legislature to #M-6-31, on the N.W. corner of East per year, can afford a monthly rent support the creation of a dedicated, Boulevard and St. Clair Avenue; and of no more than $450 a month while permanent and adequate fund for which pole and banner locations the fair market rent for a two bed- the State of Ohio Housing Trust shall be approved by the Director of room apartment is $748 a month; and Fund in conformity with the plans Public Service in consultation with Whereas, it would take 112 hours identified by the Coalition on Home- the Director of Public Safety, as to of week a work for a household liv- lessness and Housing in Ohio. type, method of affixing and loca- ing on minimum wage to be able to Section 5. That this Council sup- tion so as not to interfere with any afford a two bedroom apartment; ports the Alliance of Cleveland HUD sign erected and maintained under and Tenants, the Cleveland Tenants the requirements of law or ordi- Whereas, according to the United Organization, the NorthEast Ohio nance. The permission of the owner States Department of Housing and Coalition for the Homeless, and the of any pole from which a banner Urban Development, a recipient of Progressive Action Council in their will be placed must be obtained SSI, receiving $593 a month, can efforts to address housing issues. prior to issuance of the permit. No afford monthly rent of not more Section 6. That the Clerk of Coun- commercial advertising shall be than $178 while the fair market rent cil is hereby directed to transmit printed or permitted on said ban- copies of this resolution to U.S. Sen- for a one bedroom apartment is $603; ners, and said banners shall be ator Michael DeWine, U.S. Senator and removed promptly upon the expira- George Voinovich, Congressman Whereas, the City of Cleveland tion of said permit. Dennis Kucinich, Congresswoman Consolidated Plan and Cuyahoga Section 2. That this ordinance is Stephanie Tubbs-Jones, Congress- hereby declared to be an emergency County Continuum of Care recog- man Steven LaTourette, Congress- measure and, provided it receives nizes the need for affordable hous- man Sherrod Brown, Congressman the affirmative vote of two-thirds of ing units and the need for addition- Ralph Regula, Ohio Governor Bob all the members elected to Council, al funding resources; and Taft, and all members of the Ohio it shall take effect and be in force Whereas, many tenants residing Senate and Ohio House of Repre- immediately upon its passage and in public and subsidized housing are sentatives representing the City of approval by the Mayor; otherwise it faced with increased economic bur- Cleveland. shall take effect and be in force dens because of medical and pre- Section 7. That this resolution is from and after the earliest period scription drug costs; and hereby declared to be an emergency allowed by law. Whereas, the City of Cleveland measure and, provided it receives Motion to suspend rules. Charter Housing Court processed 12, 400 the affirmative vote of two-thirds of and statutory provisions and place household eviction actions in 2001, all the members elected to Council, on final passage. the highest amount of eviction cases it shall take effect and be in force The rules were suspended. Yeas in its history, and is projected to immediately upon its adoption and 21. Nays 0. Read second time. Read process approximately 11,500 evic- approval by the Mayor; otherwise, it third time in full. Passed. Yeas 21. tion actions in year 2002, the major- shall take effect and be in force Nays 0. ity of which are for non-payment of from and after the earliest period rent; and allowed by law. FIRST READING EMERGENCY Whereas, the City of Cleveland Motion to suspend rules. Charter RESOLUTIONS READ IN FULL has reported 17 straight years of and statutory provisions and place AND ADOPTED increase in homelessness, and the on final passage. U.S. Census reported the homeless The rules were suspended. Yeas Res. No. 2261-02. shelter population at 120% of capac- 21. Nays 0. Read second time. Read By Council Members Gordon, Jack- ity in April of 2000; and third time in full. Adopted. Yeas 21. son, Brady, Britt, Cimperman, Cin- Whereas, the National Affordable Nays 0. tron, Coats, Conwell, Dolan, John- Housing Act would create, rehabili- son, Jones, Lewis, O’Malley, Polen- tate and preserve 1.5 million units Res. No. 2262-02. sek, Reed, Rybka, Scott, Sweeney, of affordable housing over the next By Council Member Reed. Westbrook, White and Zone. 10 years, with 75% of the funds to An emergency resolution desig- An emergency resolution endors- be targeted to households with nating the month of November as ing the National Trust Fund Act of incomes less than 30% of the medi- “Diabetes Awareness Month”, en- 2001 and encouraging the Ohio Con- an income; and couraging public and private enti- gressional Delegation to support the Whereas, Mayor Jane Campbell ties to fund and support diabetes National Housing Trust Fund Act of has announced the intention of the research, and encouraging the fed- 2001, encouraging the United States City of Cleveland to build 1,000 new eral government to increase funding Congress to alleviate the rent bur- units of housing a year beginning for diabetes research at the National den of tenants living in federal sub- in the year 2004; and Institutes of Health. 2472 November 20, 2002 The City Record 29

Whereas, November is National Res. No. 2263-02. Motion to suspend rules. Charter Diabetes Awareness Month; and By Council Members Zone, Britt, and statutory provisions and place Whereas, diabetes is a chronic, Gordon, Conwell, White, Sweeney, on final passage. genetically determined, debilitating Polensek, Brady, Cimperman, Cin- The rules were suspended. Yeas disease that affects every organ sys- tron, Coats and Jones. 21. Nays 0. Read second time. Read tem and afflicts more than 17 mil- An emergency resolution opposing third time in full. Adopted. Yeas 21. lion Americans; and the proposal of the Bush adminis- Nays 0. Whereas, many Americans who tration to reduce Medicare payments have diabetes do not know that they as such reductions will severely Res. No. 2265-02. have diabetes; and limit and adversely affect the pro- By Council Member Britt. Whereas, diabetes is the leading vision of drug and medical services An emergency resolution with- provided to Medicare patients and drawing objection to the transfer of cause of adult blindness, kidney encouraging the U.S. Congress to ownership of a C2, C2X and D6 failure, and non-traumatic amputa- pass legislation providing for addi- Liquor Permit at 7905 Cedar Avenue tions; and tional or “add-on” payments to facil- and repealing Resolution No. 430-02, Whereas, diabetes is a leading ities who provide medical services objecting to said transfer. cause of nerve damage and shortens to Medicare patients. Whereas, this Council objected to the life expectancy of individuals by Whereas, Medicare provides drug the transfer of ownership of a C2, 15 years; and and medical services to the elderly C2X and D6 Liquor Permit to 7905 Whereas, the cause and preven- and the disabled; and Cedar Avenue by Resolution No. 430- tion of diabetes is unknown and one Whereas, the Bush administration 02, adopted by the Council on March American dies from diabetes every is proposing reductions in Medicare 11, 2002; and three minutes; and payments; and Whereas, this Council wishes to Whereas, the Juvenile Diabetes Whereas, the reductions in Medi- withdraw its objection to the above Research Foundation International care payments proposed by the Bush transfer of ownership and consents (“JDRF”), has conducted extensive administration would severely limit to said transfer based upon and pur- strategic research planning of dia- and adversely affect the provision suant to a cooperation agreement by betes; and of drug and medical services for the and through City Council Represen- Whereas, this research by the elderly and the disabled; tative, Patricia J. Britt and Ahmad JDRF has accelerated the pace of Whereas, the proposed reductions Askar, President, AKA Grocery, Inc., medical research and progress raise concerns that hospitals will 7905 Cedar Avenue, Cleveland, Ohio towards a cure for diabetes; and stop providing certain services that 44106, Permanent Number 0084367, a Whereas, organizations conduct- are not cost effective; and copy of which is in the file for this ing diabetes research, such as the Whereas, such action by hospitals address with the City Law Depart- JDRF, rely upon the funding and will make it more difficult for ment; and Medicare patients to receive life-sav- Whereas, this resolution consti- support of public and private enti- ing drugs, devices, and treatments; tutes an emergency measure provid- ties; and and ing for the usual daily operation of Whereas, this Council desires to Whereas, the United States Gov- a municipal department; now, there- designate the month of November as ernment has acknowledged that fore, “Diabetes Awareness Month”; and many of the proposed payments are Be it resolved by the Council of Whereas, this Council encourages lower than the 2002 payment the City of Cleveland: public and private entities to fund amounts; and Section 1. That objection to the and support diabetes research; and Whereas, this Council is concerned transfer of ownership of a C2, C2X Whereas, this Council encourages about the proposed reductions in and D6 Liquor Permit to 7905 Cedar the federal government to increase Medicare payments and the impact Avenue, be and the same is hereby funding for diabetes research at such reductions will have on access withdrawn and Resolution No. 430- the National Institutes of Health; to drug and medical services; and 02, containing such objection, be and and Whereas, the U.S. Congress previ- the same is hereby repealed and Whereas, this resolution consti- ously passed legislation providing that this Council consents to the tutes an emergency measure for the for additional or “add-on” payments immediate transfer thereof. immediate preservation of public for facilities that provide medical Section 2. That this resolution is peace, property, health, or safety, services to Medicare patients; and hereby declared to be an emergency now, therefore, Whereas, the authority to pay measure and provided it receives the Be it resolved by the Council of additional or “add-on” payments affirmative vote of two-thirds of all the City of Cleveland: expired in October of this year; and the members elected to Council, it Section 1. That this Council here- Whereas, this resolution consti- shall take effect and be in force by designates the month of Novem- tutes an emergency measure for the immediately upon its adoption and immediate preservation of public approval by the Mayor; otherwise, it ber as “Diabetes Awareness Month”. peace, property, health, or safety, shall take effect and be in force Section 2. That this Council now, therefore, from and after the earliest period encourages public and private enti- Be it resolved by the Council of allowed by law. ties to fund and support diabetes the City of Cleveland: Motion to suspend rules. Charter research. Section 1. That this Council here- and statutory provisions and place Section 3. That this Council by opposes the proposal of the Bush on final passage. encourages the federal government administration to reduce Medicare The rules were suspended. Yeas to increase funding for diabetes payments as such reductions will 21. Nays 0. Read second time. Read research at the National Institutes limit the range of drugs and med- third time in full. Adopted. Yeas 21. of Health. ical services provided to Medicare Nays 0. Section 4. That the Clerk of Coun- patients. cil is hereby directed to transmit Section 2. That this Council here- Res. No. 2266-02. copies of this resolution to U.S. Sen- by encourages the U.S. Congress to By Council Member Coats. ator Michael DeWine, U.S. Senator pass legislation providing for addi- An emergency resolution object- George Voinovich, Congressman tional or “add-on” payments to facil- ing to the transfer of ownership of Dennis Kucinich, and Congress- ities who provide medical services a C2 and C2X Liquor Permit to 17801 woman Stephanie Tubbs-Jones. to Medicare patients. Euclid Avenue. Section 5. That this resolution is Section 3. That the Clerk of Coun- Whereas, Council has been notified hereby declared to be an emergency cil is hereby directed to transmit by the Department of Liquor Control measure and, provided it receives copies of this resolution to President of an application for a transfer of the affirmative vote of two-thirds of George W. Bush, United States Sen- ownership of a C2 and C2X Liquor all the members elected to Council, ator George Voinovich, United Permit to Vonda L. Rogers & Linda it shall take effect and be in force States Senator Michael DeWine, Con- V. Rogers, Lotus Mini Market, 17801 gressman Dennis Kucinich, and Con- Euclid Avenue, Cleveland, Ohio 44112, immediately upon its adoption and gresswoman Stephanie Tubbs-Jones. Permanent Number 7480935; and approval by the Mayor; otherwise, it Section 4. That this resolution is Whereas, the granting of this shall take effect and be in force hereby declared to be an emergency application for a liquor permit to from and after the earliest period measure and, provided it receives this high crime area, which is allowed by law. the affirmative vote of two-thirds of already saturated with other liquor Motion to suspend rules. Charter all the members elected to Council, outlets, is contrary to the best inter- and statutory provisions and place it shall take effect and be in force ests of the entire community; and on final passage. immediately upon its adoption and Whereas, the applicant does not The rules were suspended. Yeas approval by the Mayor; otherwise, it qualify to be a permit holder and/or 21. Nays 0. Read second time. Read shall take effect and be in force has demonstrated that he has oper- third time in full. Adopted. Yeas 21. from and after the earliest period ated his liquor business in disregard Nays 0. allowed by law. of the laws, regulations or local 2473 30 The City Record November 20, 2002 ordinances of this state or any other ests of the entire community; and Whereas, this Council wishes to state; and Whereas, the applicant does not withdraw its objection to the above Whereas, the place for which the qualify to be a permit holder and/or transfer of ownership and consents permit is sought has not conformed has demonstrated that he has oper- to said transfer based upon and pur- to the building, safety or health ated his liquor business in disregard suant to a cooperation agreement by requirements of the governing body of the laws, regulations or local and through City Council Represen- of this County or City; and ordinances of this state or any other tative, Fannie M. Lewis and Samih Whereas, the place for which the state; and H. Mohamad, President, Yasmene, permit is sought is so arranged or Whereas, the place for which the Inc., DBA Mickeys River Market, constructed that law enforcement permit is sought has not conformed 1199 Addison Road, Cleveland, Ohio officers or agents of the Department to the building, safety or health 44103, Permanent Number 9821095, a of Liquor Control are prevented rea- requirements of the governing body copy of which is in the file for this sonable access to the establishment; of this County or City; and address with the City Law Depart- and Whereas, the place for which the ment; and Whereas, the place for which the permit is sought is so arranged or Whereas, this resolution consti- permit is sought is so located with constructed that law enforcement tutes an emergency measure provid- respect to the neighborhood that it officers or agents of the Department ing for the usual daily operation of substantially interferes with public of Liquor Control are prevented rea- a municipal department; now, there- decency, sobriety, peace or good sonable access to the establishment; fore, order; and and Be it resolved by the Council of Whereas, this objection is based Whereas, the place for which the the City of Cleveland: on other legal grounds as set forth permit is sought is so located with Section 1. That objection to the in Revised Code Section 4303.292; respect to the neighborhood that it transfer of ownership of a C2 and and substantially interferes with public C2X Liquor Permit to 1199 Addison Whereas, this resolution consti- decency, sobriety, peace or good Road, be and the same is hereby tutes an emergency measure pro- order; and withdrawn and Resolution No. 953- viding for the immediate preserva- Whereas, this objection is based 02, containing such objection, be and tion of the public peace, prosperi- on other legal grounds as set forth the same is hereby repealed and ty, safety and welfare pursuant to in Revised Code Section 4303.292; that this Council consents to the Section 4303.26 of the Ohio Revised and immediate transfer thereof. Code. Council’s objection to said Whereas, this resolution consti- Section 2. That this resolution is permit must be received by the tutes an emergency measure provid- hereby declared to be an emergency Director of Liquor Control within ing for the immediate preservation measure and provided it receives the 30 days of notification; now, there- of the public peace, prosperity, safe- affirmative vote of two-thirds of all f o r e , ty and welfare pursuant to Section the members elected to Council, it Be it resolved by the Council of 4303.26 of the Ohio Revised Code. shall take effect and be in force the City of Cleveland: Council’s objection to said permit immediately upon its adoption and Section 1. That Council does here- must be received by the Director of approval by the Mayor; otherwise, it by record its objection to the trans- Liquor Control within 30 days of shall take effect and be in force fer of ownership of a C2 and C2X notification; now, therefore, from and after the earliest period Liquor Permit to Vonda L. Rogers & Be it resolved by the Council of allowed by law. Linda V. Rogers, Lotus Mini Market, the City of Cleveland: Motion to suspend rules. Charter 17801 Euclid Avenue, Cleveland, Section 1. That Council does here- and statutory provisions and place Ohio 44112, Permanent Number by record its objection to the trans- on final passage. 7380935, and requests the Director of fer of ownership of a C1 and C2 The rules were suspended. Yeas Liquor Control to set a hearing for Liquor Permit to Khalil, Inc., DBA 21. Nays 0. Read second time. Read said application in accordance with Woodworth Market, 14625-27 Wood- third time in full. Adopted. Yeas 21. provisions of Section 4303.26 of the worth Road, Cleveland, Ohio 44112, Nays 0. Revised Code of Ohio. Permanent Number 46188550005, and Section 2. That the Clerk of Coun- requests the Director of Liquor Con- Res. No. 2269-02. cil be and she is hereby directed to trol to set a hearing for said appli- By Council Member Reed. transmit two certified copies of this cation in accordance with provisions An emergency resolution with- resolution, together with two copies of Section 4303.26 of the Revised drawing objection to the renewal of of a letter of objection and two Code of Ohio. a C2 and C2X Liquor Permit to 10221 copies of a letter requesting that the Section 2. That the Clerk of Coun- Union Avenue and repealing Reso- hearing be held in Cleveland, Cuya- cil be and she is hereby directed to lution No. 1685-02 objecting to said hoga County. transmit two certified copies of this renewal. Section 3. That this resolution is resolution, together with two copies Whereas, this Council objected to hereby declared to be an emergency of a letter of objection and two the renewal of a C2 and C2X Liquor measure and, provided it receives copies of a letter requesting that the Permit to 10221 Union Avenue by the affirmative vote of two-thirds of hearing be held in Cleveland, Cuya- Resolution No. 1685-02, adopted by all the members elected to Council, hoga County. Council on August 14, 2002; and it shall take effect and be in force Section 3. That this resolution is Whereas, this Council wishes to immediately upon its adoption and hereby declared to be an emergency withdraw its objection to the above approval by the Mayor; otherwise, it measure and, provided it receives renewal and hereby consents to said shall take effect and be in force the affirmative vote of two-thirds of renewal; and from and after the earliest period all the members elected to Council, Whereas, this resolution consti- allowed by law. it shall take effect and be in force tutes an emergency measure provid- Motion to suspend rules. Charter immediately upon its adoption and ing for the usual daily operation of and statutory provisions and place approval by the Mayor; otherwise, it a municipal department; now, there- on final passage. shall take effect and be in force fore, The rules were suspended. Yeas from and after the earliest period Be it resolved by the Council of 21. Nays 0. Read second time. Read allowed by law. the City of Cleveland: third time in full. Adopted. Yeas 21. Motion to suspend rules. Charter Section 1. That objection to the C2 Nays 0. and statutory provisions and place and C2X Liquor Permit to 10221 on final passage. Union Avenue be and the same is Res. No. 2267-02. The rules were suspended. Yeas hereby withdrawn and Resolution By Council Member Coats. 21. Nays 0. Read second time. Read No. 1685-02, containing said objection, An emergency resolution object- third time in full. Adopted. Yeas 21. be and the same is hereby repealed ing to the transfer of ownership of Nays 0. and that this Council consents to the a C1 and C2 Liquor Permit to 14625- immediate renewal thereof. 27 Woodworth Road. Res. No. 2268-02. Section 2. That this resolution is Whereas, Council has been noti- By Council Member Lewis. hereby declared to be an emergency fied by the Department of Liquor An emergency resolution with- measure and, provided it receives Control of an application for a trans- drawing objection to the transfer of the affirmative vote of two-thirds of fer of ownership of a C1 and C2 ownership of a C2 and C2X Liquor all the members elected to Council, Liquor Permit to Khalil, Inc., DBA Permit at 1199 Addison Road and it shall take effect and be in force Woodworth Market, 14625-27 Wood- repealing Resolution No. 953-02, immediately upon its adoption and worth Road, Cleveland, Ohio 44112, objecting to said transfer. approval by the Mayor; otherwise, it Permanent Number 46188550005; and Whereas, this Council objected to shall take effect and be in force Whereas, the granting of this the transfer of ownership of a C2 from and after the earliest period application for a liquor permit to and C2X Liquor Permit to 1199 Addi- allowed by law. this high crime area, which is son Avenue, by Resolution No. 953- Motion to suspend rules. Charter already saturated with other liquor 02, adopted by the Council on May and statutory provisions and place outlets, is contrary to the best inter- 13, 2002; and on final passage. 2474 November 20, 2002 The City Record 31

The rules were suspended. Yeas throughout Greater Cleveland; and idents and urging the federal gov- 21. Nays 0. Read second time. Read Whereas, closing either the ernment to increase or, at the mini- third time in full. Adopted. Yeas 21. Glenville branch or the Near West mum, maintain the current level of Nays 0. Side branch of the YMCA will have funding for CDBG and HOME pro- a serious detrimental effect on the grams. Res. No. 2270-02. residents served by those branches Whereas, each year the City of By Council Member Reed. and the communities in which they Cleveland receives Community An emergency resolution with- reside; and Development Block Grant (“CDBG”) drawing objection to the renewal of Whereas, members of this Council funds and HOME funds from the a C2 and C2X Liquor Permit to 15315 met with Ken McLaughlin, Execu- federal government; and Bartlett Avenue and repealing Res- tive Director of the YMCA of Whereas, CDBG funds and HOME olution No. 1694-02 objecting to said Greater Cleveland, to discuss the funds directly aid older urban areas renewal. plans to close the Glenville branch and help sustain healthy neighbor- Whereas, this Council objected to and the Near West Side branch of hoods in these areas and, thereby, the renewal of a C2 and C2X Liquor the YMCA; and enable older urban areas to compete, Permit to 15315 Bartlett Avenue by Whereas, during this meeting, amidst economic pressures that Resolution No. 1694-02, adopted by Executive Director McLaughlin favor rural and non-urban areas, Council on August 14, 2002; and agreed to submit certain proposals with surrounding communities, and Whereas, this Council wishes to to the YMCA of Greater Cleveland Whereas, CDBG funds and HOME withdraw its objection to the above Board; and funds are crucial to older urban renewal and hereby consents to said Whereas, this resolution consti- areas that seek to preserve an aging renewal; and tutes an emergency measure for the housing stock; and Whereas, this resolution consti- immediate preservation of public Whereas, older urban areas have tutes an emergency measure provid- peace, property, health, or safety, a disproportionate amount of aging ing for the usual daily operation of now, therefore, housing units; and a municipal department; now, there- Be it resolved by the Council of Whereas, CDBG funds and HOME fore, the City of Cleveland: funds enable the City of Cleveland Be it resolved by the Council of Section 1. That this Council here- to operate housing, public service, the City of Cleveland: by strongly urges the YMCA of land reutilization, commercial revi- Section 1. That objection to the C2 Greater Cleveland to reconsider clos- talization, and community develop- and C2X Liquor Permit to 15315 ing its Glenville and Near West Side ment programs that assist Cleveland Bartlett Avenue be and the same is branches and calls upon the YMCA residents and improve the quality of hereby withdrawn and Resolution of Greater Cleveland to work with life in Cleveland neighborhoods; and No. 1694-02, containing said objec- officials and residents of the City to Whereas, housing programs assist tion, be and the same is hereby determine a way to allow these Cleveland residents in purchasing repealed and that this Council con- branches to remain open in order new homes and in home renovation sents to the immediate renewal that they can continue to provide projects and, thereby, improve the thereof. benefits to the people living in those housing stock in the City of Cleve- Section 2. That this resolution is communities. land; and hereby declared to be an emergency Section 2. That this Council sup- Whereas, public service programs measure and, provided it receives ports Executive Director McLaugh- provide homeless services and AIDS the affirmative vote of two-thirds of lin presenting a proposal to the prevention services; and all the members elected to Council, YMCA of Greater Cleveland Board, Whereas, land reutilization pro- it shall take effect and be in force at its meeting on Thursday, Novem- grams assist Cleveland residents in immediately upon its adoption and ber 21, 2002, to place a one year cleaning up their neighborhoods and approval by the Mayor; otherwise, it moratorium on plans to close the in establishing community gardens; shall take effect and be in force Glenville branch and the Near West and from and after the earliest period Side branch of the YMCA and on Whereas, commercial revitaliza- allowed by law. plans to cease providing member- tion programs provide grant and Motion to suspend rules. Charter ship services at these two locations. support services to Community and statutory provisions and place Section 3. That this Council sup- Development Corporations; and on final passage. ports Executive Director McLaugh- The rules were suspended. Yeas lin presenting a proposal to the Whereas, the federal government 21. Nays 0. Read second time. Read YMCA of Greater Cleveland Board, is considering reducing the amount third time in full. Adopted. Yeas 21. at its meeting on Thursday, Novem- of CDBG funds and HOME funds Nays 0. ber 21, 2002, to establish a commit- available; and tee, appointed by the YMCA of Whereas, such reduction will Res. No. 2271-02. Greater Cleveland Board and com- severely limit the number, quality By Council Members Cimperman, posed of community representatives and scope of programs provided by Conwell, Scott, Zone, Gordon, Dolan and YMCA representatives, to the City of Cleveland and will neg- and Coats. review plans to close YMCA facili- atively impact the assistance avail- An emergency resolution strongly ties. able to seniors, the disabled, and urging the YMCA of Greater Cleve- Section 4. That this resolution is families at 80% or less of the area’s land to reconsider closing its hereby declared to be an emergency median income; and Glenville and Near West Side measure and, provided it received Whereas, this Council encourages branches and calling upon the the affirmative vote of two-thirds of the federal government to increase YMCA of Greater Cleveland and all the members elected to Council, or, at the minimum, maintain the Ken McLaughlin, Executive Director it shall take effect and be in force current level of funding for CDBG of the YMCA of Greater Cleveland, immediately upon its adoption and and HOME programs; and to work with officials and residents approval by the Mayor; otherwise, it Whereas, this resolution consti- of the City to determine a way to shall take effect and be in force tutes an emergency measure for the allow such branches to remain open from and after the earliest period immediate preservation of public in order that they can continue to allowed by law. peace, property, health, or safety, provide benefits to the people living Motion to suspend rules. Charter now, therefore, in those communities. and statutory provisions and place Be it resolved by the Council of Whereas, the YMCA of Greater on final passage. the City of Cleveland: Cleveland has popular, well-used The rules were suspended. Yeas Section 1. That this Council reaf- branches throughout the greater 21. Nays 0. Read second time. Read firms the importance of CDBG funds Cleveland area; and third time in full. Adopted. Yeas 21. and HOME funds and the role of Whereas, two such branches are Nays 0. such funds in improving Cleveland the YMCA branch in Glenville and neighborhoods and the quality of the branch on the near west side in Res. No. 2272-02. life for residents of the City of Ohio City; and By Council Members Gordon, Jack- Cleveland. Whereas, YMCA facilities serve son, Brady, Britt, Cimperman, Cin- Section 2. That this Council the residents of these communities tron, Coats, Conwell, Dolan, John- encourages the federal government by offering them a place to exercise son, Jones, Lewis, O’Malley, to increase or, at the minimum, and socialize, by providing commu- Polensek, Reed, Rybka, Scott, maintain the current level of fund- nity-based programs and a safe Sweeney, Westbrook, White and ing for CDBG and HOME programs. place for children to play and learn; Zone. Section 3. That the Clerk of Coun- and An emergency resolution reaf- cil is hereby directed to transmit Whereas, unimpaired access to a firming the importance of CDBG copies of this resolution to Presi- neighborhood YMCA is essential to funds and HOME funds and the role dent George Bush, U.S. Senator the well-being of children and of such funds in improving Cleve- Michael DeWine, U.S. Senator adults alike, not only in the above- land neighborhoods and improving George Voinovich, Congressman mentioned communities, but the quality of life for Cleveland res- Dennis Kucinich, Congresswoman 2475 32 The City Record November 20, 2002

Stephanie Tubbs-Jones, Congress- Whereas, this resolution consti- Approved by Directors of Public man Steven LaTourette, Congress- tutes an emergency measure for the Utilities, Finance, Law; Passage rec- man Sherrod Brown, Congressman immediate preservation of public ommended by Committees on Public Ralph Regula, and HUD Secretary peace, property, health, or safety, Utilities, Finance; when amended as Mel Martinez. now, therefore, follows: Section 4. That this resolution is Be it resolved by the Council of 1. In the title, line 9; and in Sec- hereby declared to be an emergency the City of Cleveland: tion 1, lines 4 and 5, strike “two measure and, provided it receives Section 1. That this Council reaf- years” and insert “one year”. the affirmative vote of two-thirds of firms the importance and need for 2. In Section 1, line 7, strike all the members elected to Council, affordable housing and hereby “$375,000.00” and insert “$187,500.00”. it shall take effect and be in force encourages the United States Amendments agreed to. immediately upon its adoption and Department of Housing and Urban The rules were suspended. Yeas approval by the Mayor; otherwise, it Development to reconsider its deci- 19. Nays 0. Read second time. Read shall take effect and be in force sion to change the subsidized status third time in full. Passed. Yeas 19. from and after the earliest period of Park Lane Villa apartment com- Nays 0. allowed by law. plex. In compliance with Section 33 of Motion to suspend rules. Charter Section 2. That this Council the Charter, a copy of the legisla- and statutory provisions and place encourages the United States tion was furnished to each member on final passage. Department of Housing and Urban of Council before final passage. The rules were suspended. Yeas Development to take any an all 21. Nays 0. Read second time. Read action that is necessary to prevent Ord. No. 2026-02. third time in full. Adopted. Yeas 21. the imminent displacement of fami- By Council Members Coats and Nays 0. lies living in the Park Lane Villa Jackson (by departmental request). apartment complex. An emergency ordinance authoriz- Res. No. 2273-02. ing the purchase by one or more By Council Members Britt, Scott Section 3. That the Clerk of Coun- cil is hereby directed to transmit requirement contracts of labor and and Jones. materials necessary for miscella- An emergency resolution reaf- copies of this resolution to U.S. Sen- ator Michael DeWine, U.S. Senator neous building maintenance ser- firming the importance and need for vices, for the various divisions of affordable housing and encouraging George Voinovich, Congressman Dennis Kucinich, Congresswoman the Department of Public Utilities, the United States Department of for a period not to exceed two years. Housing and Urban Development to Stephanie Tubbs-Jones, and HUD Secretary Mel Martinez. Approved by Directors of Public reconsider its decision to change the Utilities, Finance, Law; Passage rec- subsidized status of Park Lane Villa Section 4. That this resolution is hereby declared to be an emergency ommended by Committees on Public apartment complex and encouraging Utilities, Finance; when amended as the United States Department of measure and, provided it receives follows: Housing and Urban Development to the affirmative vote of two-thirds of 1. In Section 1, at the end, add the take any and all action that is nec- all the members elected to Council, essary to prevent the imminent dis- it shall take effect and be in force following sentence: “The execution placement of families living in the immediately upon its adoption and of any contract or contracts under Park Lane Villa apartment complex. approval by the Mayor; otherwise, it this ordinance will conform with Whereas, the mission statement of shall take effect and be in force current affirmative action goals or the United States Department of from and after the earliest period any applicable affirmative action Housing and Urban Development allowed by law. goals that become effective prior to (“HUD”) is to provide a decent, safe, Motion to suspend rules. Charter taking bids for the contract or con- and sanitary home and suitable liv- and statutory provisions and place tracts.”. ing environment for every Ameri- on final passage. Amendment agreed to. can; and The rules were suspended. Yeas The rules were suspended. Yeas Whereas, HUD provides housing 21. Nays 0. Read second time. Read 19. Nays 0. Read second time. Read assistance for low income persons; third time in full. Adopted. Yeas 21. third time in full. Passed. Yeas 19. and Nays 0. Nays 0. Whereas, according to HUD, 5.4 In compliance with Section 33 of million households in the United Council Member O’Malley and the Charter, a copy of the legisla- States live in substandard housing Council Member Cimperman left the tion was furnished to each member or are paying more than 30% of meeting. of Council before final passage. their income on housing costs; and Whereas, in the City of Cleveland, SECOND READING EMERGENCY Ord. No. 2030-02. 50% of the approximately 101,000 ORDINANCES PASSED By Council Members Gordon and rental households pay more than Jackson (by departmental request). 30% of their income for rent, and Ord. No. 1541-02. An emergency ordinance to amend 25% pay more than 50% of their By Council Members Gordon and Section 1 of Ordinance No. 1119-02, income on rent; and Jackson (by departmental request). passed June 17, 2002, relating to con- Whereas, a recipient of SSI, An emergency ordinance authoriz- tracts with various agencies to pro- vide social service programs. receiving $593 a month, can afford ing the Director of Community Approved by Directors of Com- monthly rent of no more than $178; Development to expend funds and to munity Development, Finance, Law; and enter into contracts with various Passage recommended by Commit- Whereas, in the state of Ohio, non-profit agencies for the imple- tees on Community and Economic 9,486 units of HUD subsidized mentation of homeless assistance Development, Finance. affordable housing have been lost activities and with Cuyahoga Coun- since August of 2001 because of The rules were suspended. Yeas ty for the operation of the Cleve- landlord opt-out or prepayments; and 19. Nays 0. Read second time. Read land/Cuyahoga County Office of Whereas, the City of Cleveland third time in full. Passed. Yeas 19. Consolidated Plan and Cuyahoga Homeless Services. Nays 0. County Continuum of Care recognize Approved by Directors of Com- the need for affordable housing munity Development, Finance, Law; Ord. No. 2062-02. units; and Passage recommended by Commit- By Council Members Coats and Whereas, the residents of the tees on Community and Economic Jackson (by departmental request). Park Lane Villa apartment complex Development, Finance. An emergency ordinance authoriz- located in Ward 6 of Cleveland, The rules were suspended. Yeas ing the Director of Public Utilities Ohio, are faced with the imminent 19. Nays 0. Read second time. Read to enter into a second amendment to danger of receiving HUD vouchers third time in full. Passed. Yeas 19. Requirement Contract No. 52204 with as a result of HUD’s decision to Nays 0. Motorola, Inc. for equipment and change the subsidized status of the related software necessary for the building; and Ord. No. 2025-02. City of Cleveland’s 800 MHz radio Whereas, such decision by HUD By Council Members Coats and system, for the Department of Pub- may result in the imminent dis- Jackson (by departmental request). lic Utilities. placement of approximately 185 fam- An emergency ordinance authoriz- Approved by Directors of Public ilies living in the Park Lane Villa ing the purchase by one or more Utilities, Finance, Law; Passage rec- apartment complex; and requirement contracts of labor and ommended by Committees on Public Whereas, this Council has consis- materials to install carpeting, mod- Utilities, Finance. tently supported the need and rights ule wall systems and office furni- The rules were suspended. Yeas of its citizens to live in safe, decent, ture, for the various divisions of the 19. Nays 0. Read second time. Read fair, accessible, and affordable hous- Department of Public Utilities, for a third time in full. Passed. Yeas 19. ing; and period not to exceed two years. Nays 0. 2476 November 20, 2002 The City Record 33

Ord. No. 2066-02. By Council Members Lewis and Jackson (by departmental request). An emergency ordinance to amend Section 8 of Ordinance No. 469-02, passed April 1, 2002, as amended by Ordi- nance No. 639-02, passed April 15, 2002; and to supplement Ordinance No. 469-02 by adding new Section 39a, relat- ing to compensation for various classifications. Approved by Directors of Personnel and Human Resources, Finance, Law; Passage recommended by Com- mittees on Employment, Affirmative Action and Training, Finance; when amended as follows: 1. In the title, line 2; in Section 1, line 1; and in Section 2, line 1, strike “Section 8” and insert “Sections 8 and 35” 2. In Section 1, following amended Section 8 add the following: “Section 35. That the salaries and compensation in the following classifications shall be fixed by the appoint- ing authority in accordance with the schedule appearing after each classification:

Minimum Maximum

1. Airport Maintenance Manager...... $26,273.96 $77,853.06 2. Airport Operations Manager...... $26,273.96 $77,853.06 3. Airport Safety Chief...... $26,273.96 $77,853.06 4. Assistant Commissioner of Administrative Services..... $26,273.96 $77,853.06 5. Assistant Commissioner of Building and Housing...... $26,273.96 $77,853.06 6. Assistant Commissioner of Cleveland Public Power.... $26,273.96 $77,853.06 7. Assistant Commissioner of Motor Vehicles Maintenance...... $26,273.96 $77,853.06 8. Assistant Commissioner of Neighborhood Development...... $26,273.96 $77,853.06 9. Assistant Commissioner of Neighborhood Revitalization...... $26,273.96 $77,853.06 10. Assistant Commissioner of Neighborhood Services...... $26,273.96 $77,853.06 11. Assistant Commissioner of Streets...... $26,273.96 $77,853.06 12. Assistant Commissioner of Waste Collection and Disposal...... $26,273.96 $77,853.06 13. Assistant Commissioner of Water Pollution Control.... $26,273.96 $77,853.06 14. Assistant Director of Community Relations Board...... $26,273.96 $77,853.06 15. Assistant Income Tax ...... $26,273.96 $63,842.49 16. Assistant Superintendent of Electric Transmission and Distribution...... $26,273.96 $63,842.49 17. Chief of Air Pollution Enforcement...... $22,333.40 $69,937.49 18. Chief of Air Pollution Engineering...... $22,333.40 $69,937.49 19. Chief of Air Pollution Information Systems...... $22,333.40 $69,937.49 20. Chief of Air Pollution Monitoring...... $22,333.40 $69,937.49 21. Chief Civil Service Examiner...... $26,273.96 $61,683.57 22. Chief of Pharmacy Services...... $26,273.96 $77,853.06 23. Chief of Pumping...... $26,273.96 $77,000.00 24. Chief of Water Distribution...... $26,273.96 $80,000.00 25. Chief Training Officer...... $26,273.96 $61,683.57 26. City Hall Custodian...... $26,273.96 $61,683.57 27. Community Development Executive Assistant...... $26,273.96 $77,853.06 28. Contract Compliance Officer...... $26,273.96 $61,683.57 29. Deputy Commissioner of Accounts...... $26,273.96 $77,000.00 30. Deputy Commissioner of Air Pollution Control...... $26,273.96 $71,864.36 31. Deputy Commissioner of Airports...... $26,273.96 $71,864.36 32. Deputy Commissioner of Convention Center and Stadium...... $26,273.96 $71,864.36 33. Deputy Commissioner of Convention Center...... $26,273.96 $71,864.36 34. Deputy Commissioner of Maintenance...... $26,273.96 $71,864.36 35. Deputy Commissioner of Park and Urban Forestry..... $26,273.96 $71,864.36 36. Deputy Commissioner of Parks and Urban Forestry/Golf Courses and Cemeteries...... $26,273.96 $71,864.36 37. Deputy Commissioner of Recreation...... $26,273.96 $71,864.36 38. Director of Public Health Nurses...... $26,273.96 $71,864.36 39. Fair Housing Administrator...... $31,500.00 $76,720.73 40. General Manager of Administrative Services...... $26,273.96 $77,853.06 41. Office of Professional Standards Administrator...... $26,273.96 $61,683.57 42. Manager of Human Resources Program Planning and Management...... $26,273.96 $71,864.36 43. Personnel Administrator...... $26,273.96 $71,864.36 44. Senior Budget and Management Analyst...... $26,273.96 $68,181.31 45. Superintendent of Industrial Claims...... $26,273.96 $61,683.57 46. Superintendent of Motorized Equipment...... $26,273.96 $61,683.57 47. Utilities Comptroller...... $26,273.96 $77,853.06”.

3. In Section 3, at new Section 39a, add the following new classification after “12. IT Quality Assurance and Control Analyst”: “12a. IT Telecommunications Analyst I...... $30,214.00 $62,667.00”. 4. In Section 3, at new Section 39a, line 22, at “Web Developer”, strike the maximum amount of “87,426” and insert “72,855”; and in line 23 at “Web Master”, strike “72,855” and insert “87,426”. Amendments agreed to. The rules were suspended. Yeas 19. Nays 0. Read second time. Read third time in full. Passed. Yeas 19. Nays 0. In compliance with Section 33 of the Charter, a copy of the legislation was furnished to each member of Coun- cil before final passage. 2477 34 The City Record November 20, 2002

Ord. No. 2108-02. third time in full. Passed. Yeas 19. On motion, the following resolu- By Council Members Dolan, Coats Nays 0. tions were adopted. and Jackson (by departmental re- quest). Ord. No. 2154-02. Resolution No. 732-02. An emergency ordinance authoriz- By Council Member Jackson (by By Director Baker. ing the Director of Public Utilities departmental request). Resolved, by the Board of Control to make alterations and modifica- An emergency ordinance to amend of the City of Cleveland that the bid tions in Contract No. 58890 for reha- the sections of various ordinances to of Southern Electric Supply d.b.a. bilitating the Melbourne Avenue include additional funding sources Rexel (Duellman Electric Supply), Sewer with Fabrizi Trucking & and authorizing the Director of for an estimated quantity of stan- Paving Co., for the Department of Finance to modify the certificate of dard wire, all items, for the various Public Utilities. funds for contracts entered into divisions of City government, for the Approved by Directors of Public under the ordinances. period of two (2) years beginning Utilities, Finance, Law; Passage rec- Approved by Directors of Finance, with the date of execution of a con- ommended by Committees on Public Law; Passage recommended by Com- tract, received on September 19, 2002 Utilities, Finance. mittee on Finance. pursuant to the authority of Ordi- The rules were suspended. Yeas The rules were suspended. Yeas nance No. 1070-02 passed June 17, 19. Nays 0. Read second time. Read 19. Nays 0. Read second time. Read 2002, which on the basis of the esti- third time in full. Passed. Yeas 19. third time in full. Passed. Yeas 19. mated quantity would amount to Nays 0. Nays 0. One Hundred Forty Four Thousand Two Hundred Sixty and 00/100 Dol- Ord. No. 2109-02. SECOND READING EMERGENCY lars ($144,260.00), is hereby affirmed By Council Members Dolan, Coats RESOLUTION ADOPTED and approved as the lowest and best and Jackson (by departmental re- bid, and the Director of Finance is quest). Res. No. 2185-02. hereby requested to enter into a An emergency ordinance authoriz- By Council Member Jackson (by requirement contract for such goods ing the Director of Public Utilities departmental request). and/or services, which shall provide to make alterations and modifica- An emergency resolution accept- for the immediate purchase as the tions in Contract No. 58271 for reha- ing the amounts and rates as deter- initial amount of such contract of bilitating the West Park/Lydian mined by the Budget Commission the following: Avenue Sewer with DiGioia-Subur- and authorizing the necessary tax ban Excavating LLC., for the levies certifying them to the Coun- Requisition No. 122509 Department of Public Utilities. ty Auditor. which shall be certified against Approved by Directors of Public Approved by Directors of Finance, such contract in the sum of Seven Utilities, Finance, Law; Passage rec- Law; Passage recommended by Com- Thousand Five Hundred and 00/100 ommended by Committees on Public mittee on Finance. Dollars ($7,500.00). Utilities, Finance. The rules were suspended. Yeas Said requirement contract shall The rules were suspended. Yeas 19. Nays 0. Read second time. Read further provide that the Contractor 19. Nays 0. Read second time. Read third time in full. Adopted. Yeas 19. shall furnish the remainder of the third time in full. Passed. Yeas 19. Nays 0. City’s requirements for such goods Nays 0. and/or services, whether more or MOTION less than said estimated quantity, as Ord. No. 2112-02. may be ordered under subsequent By Council Members Sweeney and The Council Meeting adjourned at requisitions separately certified Jackson (by departmental request). 8:50 p.m. to meet on Monday, Novem- against said contract. An emergency ordinance authoriz- ber 25, 2002, at 7:00 p.m. in the Coun- Yeas: Mayor Campbell, Directors ing the purchase by one or more cil Chambers. Chandra, Baker, Konicek, Acting requirement contracts of diesel fuel, Director McGraw, Director Ricchiu- for the Division of Motor Vehicle to, Acting Directors Carroll, Smith, Maintenance, Department of Public Glending, Directors Hudecek, Service. Romero, Sims, Fumich and Taylor. Approved by Directors of Public Nays: None. Service, Finance, Law; Passage rec- Absent: None. ommended by Committees on Public Service, Finance. Resolution No. 733-02. The rules were suspended. Yeas By Director Baker. 19. Nays 0. Read second time. Read Resolved, by the Board of Control third time in full. Passed. Yeas 19. of the City of Cleveland that the bid Nays 0. of Emerald Supply, Inc., for an esti- Clerk of Council mated quantity of paper products, Ord. No. 2113-02. group a, part 1, all items, for the By Council Members Sweeney and various divisions of City govern- Jackson (by departmental request). THE CALENDAR ment, for the period of two (2) years An emergency ordinance authoriz- beginning with the date of execu- ing the purchase by one or more The following measures will be on tion of a contract, received on Octo- requirement contracts of gasoline, their final passage at the next meet- ber 10, 2002 pursuant to the author- for the Division of Motor Vehicle ing: ity of Ordinance No. 1062-02 passed Maintenance, Department of Public NONE June 17, 2002, which on the basis of Service. the estimated quantity would Approved by Directors of Public amount to Seven Hundred Ninety Six Service, Finance, Law; Passage rec- BOARD OF CONTROL Thousand Fifty Five and 60/100 Dol- ommended by Committees on Public lars ($796,055.60), is hereby affirmed Service, Finance. and approved as the lowest and best The rules were suspended. Yeas bid, and the Director of Finance is 19. Nays 0. Read second time. Read November 13, 2002 hereby requested to enter into a third time in full. Passed. Yeas 19. requirement contract for such goods The regular meeting of the Board Nays 0. and/or services, which shall provide of Control convened in the Mayor’s office on Wednesday, November 13, for the immediate purchase as the Ord. No. 2153-02. 2002, at 10:30 a.m. with Mayor Camp- initial amount of such contract of By Council Member Jackson (by bell presiding. the following: departmental request). Present: Mayor Campbell, Direc- An emergency ordinance authoriz- tors Chandra, Baker, Konicek, Act- Requisition No. 131648 ing the Director of Finance to enter ing Director McGraw, Director Ric- which shall be certified against into contract with the Ohio Auditor chiuto, Acting Directors Carroll, such contract in the sum of Forty of State to conduct a financial audit, Smith, Glending, Directors Hudecek, Thousand and 00/100 Dollars for the Department of Finance. Romero, Sims, Fumich and Taylor. ($40,000.00). Approved by Directors of Finance, Absent: None. Said requirement contract shall Law; Passage recommended by Com- Others: Myrna Branche, Commis- further provide that the Contractor mittee on Finance. sioner, Purchases and Supplies. shall furnish the remainder of the The rules were suspended. Yeas Henry Guzman, Director, Office of City’s requirements for such goods 19. Nays 0. Read second time. Read Equal Opportunity. and/or services, whether more or 2478 November 20, 2002 The City Record 35 less than said estimated quantity, as Requisition No. 109317 Dollars ($643,890.30), is hereby may be ordered under subsequent which shall be certified against affirmed and approved as the low- requisitions separately certified such contract in the sum of Eigh- est and best bid, and the Director of against said contract. teen Thousand and 00/100 Dollars Finance is hereby requested to enter Yeas: Mayor Campbell, Directors ($18,000.00) into a requirement contract for such Chandra, Baker, Konicek, Acting Said requirement contract shall goods and/or services, which shall Director McGraw, Director Ricchiu- further provide that the Contractor provide for the immediate purchase to, Acting Directors Carroll, Smith, shall furnish the remainder of the as the initial amount of such con- Glending, Directors Hudecek, City’s requirements for such goods tract of the following: Romero, Sims, Fumich and Taylor. and/or services, whether more or Nays: None. less than said estimated quantity, as Requisition No. 109316 Absent: None. may be ordered under subsequent which shall be certified against requisitions separately certified such contract in the sum of Forty Resolution No. 734-02. against said contract. Thousand and 00/100 Dollars By Director Baker. Yeas: Mayor Campbell, Directors ($40,000.00). Resolved, by the Board of Control Chandra, Baker, Konicek, Acting Said requirement contract shall of the City of Cleveland that the bid Director McGraw, Director Ricchiu- further provide that the Contractor of Hough Supply & Specialty Co., for to, Acting Directors Carroll, Smith, shall furnish the remainder of the an estimated quantity of paper prod- Glending, Directors Hudecek, City’s requirements for such goods ucts, group b, part 11, item # 1, for Romero, Sims, Fumich and Taylor. and/or services, whether more or the various divisions of City gov- Nays: None. less than said estimated quantity, as ernment, for the period of two (2) Absent: None. may be ordered under subsequent years beginning with the date of requisitions separately certified execution of a contract, received on Resolution No. 736-02. against said contract. October 10, 2002 pursuant to the By Director Baker. Yeas: Mayor Campbell, Directors authority of Ordinance No. 1062-02 Resolved, by the Board of Control Chandra, Baker, Konicek, Acting passed June 17, 2002, which on the of the City of Cleveland that the bid Director McGraw, Director Ricchiu- basis of the estimated quantity of Granger Trucking, Inc., for an to, Acting Directors Carroll, Smith, would amount to One Hundred Sixty estimated quantity of building mate- Glending, Directors Hudecek, Four Thousand Seven Hundred Thir- rials, item nos. 13 & 16, for the var- Romero, Sims, Fumich and Taylor. ty and 00/100 Dollars ($164,730.00), ious divisions of City government, Nays: None. is hereby affirmed and approved as for the period of one (1) year begin- Absent: None. the lowest and best bid, and the ning with the date of execution of Director of Finance is hereby a contract, received on September 27, Resolution No. 738-02. requested to enter into a require- 2002 pursuant to the authority of By Director Konicek. ment contract for such goods and/or Ordinance No. 745-01 passed June 11, Be it resolved by the Board of services, which shall provide for the 2001, which on the basis of the esti- Control of the City of Cleveland that immediate purchase as the initial mated quantity would amount to the bid of Electric Laboratories and amount of such contract of the fol- Thirteen Thousand Three Hundred Sales Corp. for an estimated quanti- lowing: Fifty Six and 30/100 Dollars ty of high voltage cable, Group Q, ($13,356.30), is hereby affirmed and item nos. 89 thru 97, for the Division Requisition No. 129141 approved as the lowest and best bid, of Cleveland Public Power, Depart- which shall be certified against and the Director of Finance is here- ment of Public Utilities, for a peri- such contract in the sum of Thirty by requested to enter into a require- od of two (2) years beginning with Thousand and 00/100 Dollars ment contract for such goods and/or the date of execution of a contract, ($30,000.00). services, which shall provide for the received on July 24, 2002, pursuant Said requirement contract shall immediate purchase as the initial to the authority of Section 129.26 of further provide that the Contractor amount of such contract of the fol- the Codified Ordinances of Cleve- shall furnish the remainder of the lowing: land, Ohio 1976, which on the basis City’s requirements for such goods of the estimated quantity would and/or services, whether more or Requisition No. 113674 amount to Eighteen Thousand Two less than said estimated quantity, as which shall be certified against Hundred Twenty Two and no/100 may be ordered under subsequent such contract in the sum of Six Hun- Dollars ($18,222.00), (Net 30 Days) is requisitions separately certified dred Sixty Eight and 00/100 Dollars hereby affirmed and approved as against said contract. ($668.00). the lowest and best bid, and the Yeas: Mayor Campbell, Directors Said requirement contract shall Director of Public Utilities is here- Chandra, Baker, Konicek, Acting further provide that the Contractor by requested to enter into require- Director McGraw, Director Ricchiu- shall furnish the remainder of the ment contract for such commodities, to, Acting Directors Carroll, Smith, City’s requirements for such goods which shall provide for the immedi- Glending, Directors Hudecek, and/or services, whether more or ate purchase as the initial amount Romero, Sims, Fumich and Taylor. less than said estimated quantity, as of such contract of the following: Nays: None. may be ordered under subsequent Absent: None. requisitions separately certified Requisition No. 122464 against said contract . which shall be certified against Resolution No. 735-02. Yeas: Mayor Campbell, Directors such contract in the sum of Two By Director Baker. Chandra, Baker, Konicek, Acting Thousand and no/100 Dollars Resolved, by the Board of Control Director McGraw, Director Ricchiu- ($2,000.00). of the City of Cleveland that the bid to, Acting Directors Carroll, Smith, Said requirement contract shall of Bruder, Inc., for an estimated Glending, Directors Hudecek, further provide that the Contractor quantity of building materials, item Romero, Sims, Fumich and Taylor. will furnish the remainder of the nos. 1, 7, 8.1 & 8.2, 10a-10t, 11, 17-21, Nays: None. requirement for such commodities, for the various divisions of City gov- Absent: None. whether more or less than said esti- ernment, for the period of one (1) mated quantity, as may be ordered year beginning with the date of exe- Resolution No. 737-02. under subsequent requisitions sepa- cution of a contract, received on Sep- By Director Baker. rately certified against said con- tember 27, 2002 pursuant to the Resolved, by the Board of Control tract. authority of Ordinance No. 745-01 of the City of Cleveland that the bid Yeas: Mayor Campbell, Directors passed June 11, 2001, which on the of Cleveland Central Enterprises, Chandra, Baker, Konicek, Acting basis of the estimated quantity Inc., for an estimated quantity of Director McGraw, Director Ricchiu- would amount to Three Hundred building materials, item nos. 2-4, 5a to, Acting Directors Carroll, Smith, Forty Seven Thousand Two Hun- & 5b, 6, 9, 12, 14, 15, 22, for the var- Glending, Directors Hudecek, dred Forty Five and 00/100 Dollars ious divisions of City government, Romero, Sims, Fumich and Taylor. ($347,245.00), is hereby affirmed and for the period of one (1) year begin- Nays: None. approved as the lowest and best bid, ning with the date of execution of Absent: None. and the Director of Finance is here- a contract, received on September 27, by requested to enter into a require- 2002 pursuant to the authority of Resolution No. 739-02. ment contract for such goods and/or Ordinance No. 745-01 passed June 11, By Director Konicek. services, which shall provide for the 2001, which on the basis of the esti- Be it resolved by the Board of immediate purchase as the initial mated quantity would amount to Six Control of the City of Cleveland that amount of such contract of the fol- Hundred Forty Three Thousand the bid of Consolidated Electrical lowing: Eight Hundred Ninety and 30/100 Distributors, Inc., d.b.a. Leader Elec- 2479 36 The City Record November 20, 2002 tric Supply for an estimated quanti- under subsequent requisitions sepa- under subsequent requisitions sepa- ty of high voltage cable, Group J, rately certified against said con- rately certified against said con- K, N, O and P, item nos. 55 thru 70 tract. tract. and 77 thru 88, for the Division of Yeas: Mayor Campbell, Directors Yeas: Mayor Campbell, Directors Cleveland Public Power, Department Chandra, Baker, Konicek, Acting Chandra, Baker, Konicek, Acting of Public Utilities, for a period of Director McGraw, Director Ricchiu- Director McGraw, Director Ricchiu- two (2) years beginning with the to, Acting Directors Carroll, Smith, to, Acting Directors Carroll, Smith, date of execution of a contract, Glending, Directors Hudecek, Glending, Directors Hudecek, received on July 24, 2002, pursuant Romero, Sims, Fumich and Taylor. Romero, Sims, Fumich and Taylor. to the authority of Section 129.26 of Nays: None. Nays: None. the Codified Ordinances of Cleve- Absent: None. Absent: None. land, Ohio 1976, which on the basis of the estimated quantity would Resolution No. 741-02. Resolution No. 743-02. amount to One Hundred Forty Four By Director Konicek. By Director Mok. Thousand Four Hundred Twenty Resolved by the Board of Control Whereas, Ohio Motorists Associa- and 30/100 Dollars ($144,420.30), of the City of Cleveland that the bid tion (OMA) wishes to utilize the (Net 30 Days) is hereby affirmed of Marsh, USA, Inc. for the follow- Main Lobby, West Concourse, and and approved as the lowest and best ing: Fire and Extended Insurance 2nd Floor Banquet Room at Burke bid, and the Director of Public Util- Coverage, all items, for the Division Lakefront Airport (the “Airport”) ities is hereby requested to enter of Cleveland Public Power, Depart- for the 2003 Travel Expo (the into requirement contract for such ment of Public Utilities, received on “Event”) to be held on January 18, commodities, which shall provide for the 2nd day of October 2002, pur- 2003 and January 19, 2003; and, the immediate purchase as the ini- suant to the authority of Ordinance Whereas, the City is willing to tial amount of such contract of the No. 1078-02, passed June 17, 2002 grant the OMA, the privilege, permit following: which on the basis of the order and license to conduct the Event at quantity would amount to $400,000.00 the Airport; now, therefore, Requisition No. 122465 (2% Net 30 Days), is hereby Be it resolved by the Board of which shall be certified against approved as the lowest and best bid, Control of the City of Cleveland that such contract in the sum of Ten and the Director of Public Utilities pursuant to Section 183.04 of the Thousand and no/100 Dollars is hereby requested to enter into Codified Ordinances of Cleveland, ($10,000.00). contract for such items. Ohio 1976, the Director of the Said requirement contract shall Be it further resolved that the Department of Port Control is here- further provide that the Contractor employment of the following sub- by authorized to enter into an agree- will furnish the remainder of the contractor to Marsh USA, Inc. is ment granting the OMA the privi- requirement for such commodities, hereby approved: lege, permit and license to conduct whether more or less than said esti- the Event in the Main Lobby, West mated quantity, as may be ordered Sub-Contractor Work Concourse, and 2nd Floor Banquet under subsequent requisitions sepa- Room at Burke Lakefront Airport rately certified against said con- Pinkney-Perry from 10:00 a.m. to 5:00 p.m. on Jan- tract. Insurance MBE uary 18, 2003, and from 10:00 a.m. to Yeas: Mayor Campbell, Directors 3:00 p.m. on January 19, 2003, and to Chandra, Baker, Konicek, Acting Yeas: Mayor Campbell, Directors use and occupy the Main Lobby, Director McGraw, Director Ricchiu- Chandra, Baker, Konicek, Acting West Concourse, and 2nd floor Ban- to, Acting Directors Carroll, Smith, Director McGraw, Director Ricchiu- quet Room for such period of time Glending, Directors Hudecek, to, Acting Directors Carroll, Smith, before and after the Event as nec- Romero, Sims, Fumich and Taylor. Glending, Directors Hudecek, essary for preparation and clean-up. Nays: None. Romero, Sims, Fumich and Taylor. The OMA shall pay the City a Absent: None. Nays: None. $4,500.00 fee for the Event, and shall Absent: None. be responsible at its expense for pro- Resolution No. 740-02. viding traffic control, security and By Director Konicek. Resolution No. 742-02. clean up. Be it resolved by the Board of By Director Konicek. Be it further resolved that the Control of the City of Cleveland that Be it resolved by the Board of Agreement authorized hereby shall the bid of Professional Electric Control of the City of Cleveland that be prepared by the Director of Law Products Company for an estimated the bid of Wesco Distribution, Inc. and shall contain such other provi- quantity of high voltage cable, for an estimated quantity of high sions as the Director deems neces- Group A, B, C, E, F, G and M, item voltage cable, Group D, H and I, sary to benefit and protect the pub- nos. 1 thru 12, 19 thru 30 and 71 thru item nos. 13 thru 18 and 31 thru 54, lic interest. 76, for the Division of Cleveland for the Division of Cleveland Public Yeas: Mayor Campbell, Directors Public Power, Department of Public Power, Department of Public Utili- Chandra, Baker, Konicek, Acting Utilities, for a period of two (2) ties, for a period of two (2) years Director McGraw, Director Ricchiu- years beginning with the date of beginning with the date of execu- to, Acting Directors Carroll, Smith, execution of a contract, received on tion of a contract, received on July Glending, Directors Hudecek, July 24, 2002, pursuant to the author- 24, 2002, pursuant to the authority of Romero, Sims, Fumich and Taylor. ity of Section 129.26 of the Codified Section 129.26 of the Codified Ordi- Nays: None. Ordinances of Cleveland, Ohio 1976, nances of Cleveland, Ohio 1976, Absent: None. which on the basis of the estimated which on the basis of the estimated quantity would amount to Eight quantity would amount to One Hun- Resolution No. 744-02. Hundred Fifty Six Thousand Four dred Fifty Three Thousand Three By Director Mok. Hundred Seventy Eight and 10/100 Hundred Fifty Five and 72/100 Dol- Whereas, Board of Control Reso- Dollars ($856,478.10), (Net 30 Days) lars ($153,355.72), (Net 30 Days) is lution No. 494-02, adopted August 7, is hereby affirmed and approved as hereby affirmed and approved as 2002, approving the bid of Blaze the lowest and best bid, and the the lowest and best bid, and the Building Corporation, for the public Director of Public Utilities is here- Director of Public Utilities is here- improvement of modifying and by requested to enter into require- by requested to enter into require- upgrading the sprinkler system and ment contract for such commodities, ment contract for such commodities, Concourse A lighting at Cleveland which shall provide for the immedi- which shall provide for the immedi- Hopkins International Airport ter- ate purchase as the initial amount ate purchase as the initial amount minal, including mobilization and of such contract of the following: of such contract of the following: installation of new ceilings, for the Division of Cleveland Hopkins Inter- Requisition No. 122466 Requisition No. 122468 national Airport, Department of Port which shall be certified against which shall be certified against Control, incorrectly stated the autho- such contract in the sum of Fifty such contract in the sum of Ten rizing ordinance number and pas- Thousand and no/100 Dollars Thousand and no/100 Dollars sage date as Ordinance No. 558-02, ($50,000.00). ($10,000.00). passed March 25, 2002; now, there- Said requirement contract shall Said requirement contract shall fore, further provide that the Contractor further provide that the Contractor Be it resolved, by the Board of will furnish the remainder of the will furnish the remainder of the Control of the City of Cleveland that requirement for such commodities, requirement for such commodities, Board of Control Resolution No. 494- whether more or less than said esti- whether more or less than said esti- 02, adopted August 7, 2002, is here- mated quantity, as may be ordered mated quantity, as may be ordered by amended by deleting reference to 2480 November 20, 2002 The City Record 37 the authorizing Ordinance No. 558-02, Director McGraw, Director Ricchiu- Board of Control Resolution No. 404- passed March 25, 2002 and substi- to, Acting Directors Carroll, Smith, 02, adopted July 1, 2002, affirming tuting therefor the Ordinance No. Glending, Directors Hudecek, and approving the bid of Cleveland 529-02, passed June 17, 2002. Romero, Sims, Fumich and Taylor. Fire Distributors, Inc., as the lowest Be it further resolved that all Nays: None. and best for the purchase of turnout other provisions of said Resolution Absent: None. clothing items no 4 and 5, for the No. 494-02 not expressly amended Division of Fire, Department of Pub- hereby shall remain unchanged and Resolution No. 747-02. lic Safety, hereby is amended by in full force and effect. By Director Ricchiuto. changing the base requisition num- Yeas: Mayor Campbell, Directors Be it resolved by the Board of ber from “116245” to “116345”. Chandra, Baker, Konicek, Acting Control of the City of Cleveland, Be it further resolved that all Director McGraw, Director Ricchiu- that pursuant to Ordinance No. 833- other provisions of said Resolution to, Acting Directors Carroll, Smith, 02 passed by the Council of the City No. 404-02 not expressly amended Glending, Directors Hudecek, of Cleveland on June 3, 2002, that hereby shall remain in full force and effect. Romero, Sims, Fumich and Taylor. Willie Wilson, P.E., d.b.a. Dynatech Yeas: Mayor Campbell, Directors Nays: None. Consulting Engineers is hereby Chandra, Baker, Konicek, Acting Absent: None. selected upon the nomination of the Director McGraw, Director Ricchiu- Director of Public Service from a to, Acting Directors Carroll, Smith, Resolution No. 745-02. list of qualified firms available for Glending, Directors Hudecek, By Director Mok. such employment and determined Romero, Sims, Fumich and Taylor. Whereas, by Resolution No. 79-01, after a full and complete canvass by Nays: None. adopted February 14, 2001, this the Director of Public Service as the Absent: None. Board of Control authorized the firm of engineers (“Engineer”) to be Director of Port Control to enter into employed by contract for the pur- Resolution No. 749-02. a second amendment to the agree- pose of supplementing the regularly By Director Draper. ment between the City of Cleveland employed staff of several depart- Whereas, by its Resolution No. and Landrum & Brown, Inc., Con- ments of the City in order to pro- 405-02, adopted July 1, 2002, pursuant tract No. 53294, for an addition to vide the professional services nec- to Section 135.06 of the Codified the scope of work consisting of pub- essary for building improvements at Ordinances of Cleveland, Ohio, 1976, lic relations support as related to various Harvard Yards Service this Board of Control approved the the Record of Decision; and Facility. bid of Dicar Corporation Inc., as the Whereas, the amount to be paid Be it further resolved, that the lowest and best bid for the purchase for all services was incorrectly stat- Director of Public Service hereby is of turnout clothing, items nos. 1, 2 ed as “...not to exceed Two Million authorized to enter into a written and 6, for a period of one (1) year, One Hundred Eighty One Thousand contract with Willie Wilson, P.E., and for a total estimated contract Eight Hundred Ninety Two and d.b.a. Dynatech Consulting Engi- amount of $66,805, and, 50/100 Dollars”; now, therefore, neers based upon its proposal dated Whereas, the base requisition Be it resolved by the Board of June 7, 2002, which contract shall be number was an incorrect number; Control of the City of Cleveland that prepared by the Director of Law and now, therefore, Resolution No. 79-01, adopted Febru- shall include such additional provi- Be it resolved by the Board of ary 14, 2001, is hereby amended by sions as he deems necessary to ben- Control of the City of Cleveland that substituting “Two Million Eighty- efit and protect the public interest. Board of Control Resolution No. 405- 02, adopted July 1, 2002, affirming one Thousand Eight Hundred Nine- The fees for services to be per- and approving the bid of Dicar Cor- ty-two and 50/100 Dollars” for the formed under the contract autho- poration Inc., as the lowest and best compensation stated in said Resolu- rized hereby shall not exceed Fifty bid for the purchase of turnout tion No. 79-01. Seven Thousand and no/100 Dollars clothing items no 1, 2 and 6, for the Be it further resolved that all ($57,000.00). Reimbursable expenses Division of Fire, Department of Pub- other terms of said Resolution No. shall not exceed Five Thousand and lic Safety, hereby is amended by 79-01 not expressly amended hereby no/100 Dollars ($5,000.00). The total changing the base requisition num- shall remain unchanged and in full compensation to the Engineer shall ber from “116246” to “116346”. force and effect. not exceed Sixty Two Thousand and Be it further resolved that all Yeas: Mayor Campbell, Directors no/100 Dollars ($62,000.00). other provisions of said Resolution Chandra, Baker, Konicek, Acting Be it further resolved, that the No. 405-02 not expressly amended Director McGraw, Director Ricchiu- employment of the following sub- hereby shall remain in full force to, Acting Directors Carroll, Smith, consultant by Willie Wilson, P.E., and effect. Glending, Directors Hudecek, d.b.a. Dynatech Consulting Engi- Yeas: Mayor Campbell, Directors Romero, Sims, Fumich and Taylor. neers, is hereby approved: Chandra, Baker, Konicek, Acting Nays: None. Director McGraw, Director Ricchiu- Absent: None. Calvin Singleton & to, Acting Directors Carroll, Smith, Associates (MBE) $22,000 Glending, Directors Hudecek, Resolution No. 746-02. Romero, Sims, Fumich and Taylor. By Director Ricchiuto. Yeas: Mayor Campbell, Directors Nays: None. Be it resolved by the Board of Chandra, Baker, Konicek, Acting Absent: None. Control of the City of Cleveland that Director McGraw, Director Ricchiu- the employment of the following to, Acting Directors Carroll, Smith, Resolution No. 750-02. subcontractors by Envirocom Con- Glending, Directors Hudecek, By Acting Director Glending. struction Company, Inc., under the Romero, Sims, Fumich and Taylor. Be it resolved by the Board of contract authorized by Board of Con- Nays: None. Control of the City of Cleveland, trol Resolution No. 720-02 adopted Absent: None. that Resolution No. 667-02, adopted October 30, 2002 for the services nec- by the Board of Control of the City of Cleveland on October 9, 2002 is essary for improvements to Cleve- Resolution No. 748-02. hereby rescinded. land City Council Office Renova- By Director Draper. Be it further resolved, that all tions is hereby approved: Whereas, by its Resolution No. bids received on July 17, 2002, for 404-02, adopted July 1, 2002, pursuant the purchase and repair of electric Thompson Ground to Section 135.06 of the Codified motors and pumps for the Division Development(MBE) $1,500 Ordinances of Cleveland, Ohio, 1976, of Property Management, Depart- this Board of Control approved the ment of Parks, Recreation and Prop- Pearlrock Inc. bid of Cleveland Fire Distributors, erties, pursuant to authority of Ordi- (MBE) $3,400 Inc., as the lowest and best for the nance No. 539-02, passed April 22, purchase of turnout clothing, items 2002, are hereby rejected. Art Window Shade & nos. 4 and 5, for a period of one (1) Yeas: Mayor Campbell, Directors Drapery (FBE) $4,000 year, for a total estimated contract Chandra, Baker, Konicek, Acting amount of $28,851.50, and, Director McGraw, Director Ricchiu- Carlisle Glass Whereas, the base requisition to, Acting Directors Carroll, Smith, (FBE) $9,800 number was an incorrect number; Glending, Directors Hudecek, now, therefore, Romero, Sims, Fumich and Taylor. Yeas: Mayor Campbell, Directors Be it resolved by the Board of Nays: None. Chandra, Baker, Konicek, Acting Control of the City of Cleveland that Absent: None. 2481 38 The City Record November 20, 2002

Resolution No. 751-02. opment of Permanent Parcel No(s). sional services as contained in said By Director Hudecek. 130-04-028, 130-04-030 and 130-04-031, proposal, for an aggregate fee not Whereas, pursuant to Ordinance as described in said Ordinance in in excess of $250,000, and shall con- No. 2076-76 passed October 25, 1976, accordance with the Land Reuti- tain such additional provisions as the City is conducting a Land Reuti- lization Program in such manner as the Director of Law deems neces- lization Program in accordance with best carries out the intent of said sary to protect and benefit the pub- the provision of Chapter 5722 of the program. lic interest. Ohio Revised Code; and Be it further resolved that the con- Be it further resolved by the Whereas, City has acquired Per- sideration for said parcels shall be Board of Control of the City of manent Parcel No(s). 127-27-068, 127- $100.00 each, which amount is here- Cleveland that the employment of 27-069, 130-04-070, 130-07-002, 130-10- by determined to be not less than the following subcontractors by 022, 139-02-063, and 139-11-061 under the fair market value of said parcels Deloitte & Touche LLP for the said Land Reutilization Program; for uses in accordance with the above mentioned professional ser- and Land Reutilization Program. vice is hereby approved: Whereas, Ordinance No. 2117-02 Yeas: Mayor Campbell, Directors passed October 28, 2002, authorized Chandra, Baker, Konicek, Acting Subcontractor Work the sale of said parcels for a con- Director McGraw, Director Ricchiu- sideration established by the Board to, Acting Directors Carroll, Smith, Dingus and Daga $37,500 of Control at not less than the Fair Glending, Directors Hudecek, Market Value; and Romero, Sims, Fumich and Taylor. Yeas: Mayor Campbell, Directors Whereas, Mt. Pleasant Now Devel- Nays: None. Chandra, Baker, Konicek, Acting opment Corporation has proposed to Absent: None. Director McGraw, Director Ricchiu- the City to purchase and develop to, Acting Directors Carroll, Smith, said parcels; now, therefore, Resolution No. 753-02. Glending, Directors Hudecek, Be it resolved by the Board of By Director Hudecek. Romero, Sims, Fumich and Taylor. Control of the City of Cleveland that Whereas, the Board of Control Nays: None. pursuant to the authorization of Resolution 674-02, adopted October Absent: None. Ordinance No. 2117-02 passed October 16, 2002, approved Five Thousand 28, 2002, by the Cleveland City Coun- Dollars ($5,000.00) as the mortgage Resolution No. 755-02. cil, the Mayor is hereby authorized amount loaned to Stanley Halton, By Director Konicek. to execute an official deed for and 863 Thornhill Drive, Cleveland, Ohio, Be it resolved by the Board of on behalf of the City of Cleveland as approved by the Housing Advi- Control of the City of Cleveland that with Mt. Pleasant Now Development sory Board on July 16, 2002 and rat- Resolution No. 644-02, adopted by Corporation for the sale and devel- ified on September 17, 2002; and this Board of Control on October 2, opment of Permanent Parcel No(s). Whereas, in said Resolution, the 2002, for fixing rates, rules and reg- 127-27-068, 127-27-069, 130-04-070, 130- Mortgage Loan amount was incor- ulations relating to the operation of 07-002, 130-10-022, 139-02-063, and 139- rectly stated; now, therefore; the Division of Cleveland Public 11-061, as described in said Ordi- Be it resolved by the Board of Power, Department of Public Utili- nance in accordance with the Land Control of the City of Cleveland that ties, is hereby rescinded. Reutilization Program in such man- the Resolution 674-02, adopted Octo- Yeas: Mayor Campbell, Directors ner as best carries out the intent of ber 16, 2002, approving Five Thou- Chandra, Baker, Konicek, Acting said program. sand Dollars ($5,000.00) as the Director McGraw, Director Ricchiu- Be it further resolved that the con- amount of the Mortgage Loan to to, Acting Directors Carroll, Smith, Glending, Directors Hudecek, sideration for said parcels shall be Stanley Halton, 863 Thornhill Drive, Romero, Sims, Fumich and Taylor. $100.00 each, which amount is here- Cleveland, Ohio, is hereby amended by changing the loan amount from Nays: None. by determined to be not less than Five Thousand Dollars ($5,000.00) to Absent: None. the fair market value of said parcels Twenty-five Thousand Dollars for uses in accordance with the ($25,000.00). JEFFREY B. MARKS, Land Reutilization Program. Be it further resolved that all Secretary Yeas: Mayor Campbell, Directors other terms of said Resolution 674- Chandra, Baker, Konicek, Acting 02, adopted October 16, 2002, not Director McGraw, Director Ricchiu- expressly amended hereby shall CIVIL SERVICE NOTICES to, Acting Directors Carroll, Smith, remain unchanged and in full force ______Glending, Directors Hudecek, and effect. Romero, Sims, Fumich and Taylor. Yeas: Mayor Campbell, Directors General Information Nays: None. Chandra, Baker, Konicek, Acting Absent: None. Director McGraw, Director Ricchiu- Application blanks and informa- to, Acting Directors Carroll, Smith, tion, regarding minimum entrance Resolution No. 752-02. Glending, Directors Hudecek, qualifications, scope of examination, By Director Hudecek. Romero, Sims, Fumich and Taylor. and suggested reference materials Whereas, pursuant to Ordinance Nays: None. may be obtained at the office of the No. 2076-76 passed October 25, 1976, Absent: None. Civil Service Commission, Room 119, the City is conducting a Land Reuti- City Hall, East 6th Street, and Lake- lization Program in accordance with Resolution No. 754-02. side Avenue. the provision of Chapter 5722 of the By Director Baker. Application blanks must be prop- Ohio Revised Code; and Be it resolved by the Board of erly filled out on the official form Whereas, City has acquired Per- Control of the City of Cleveland that prescribed by the Civil Service Com- manent Parcel No(s). 130-04-028, 130- pursuant to the authority of Ordi- mission and filed at the office of the 04-030 and 130-04-031 under said nance No. 1572-02, passed by the commission not later than the final Land Reutilization Program; and Council of the City of Cleveland on closing date slated in the examina- Whereas, Ordinance No. 2116-02 August 14, 2002, Deloitte & Touche tion announcement. passed October 28, 2002, authorized LLP, is hereby selected from a list EXAMINATION RESULTS: Each the sale, of said parcels for a con- of firms determined after a full and applicant whether passing or failing sideration established by the Board complete canvass by the Department will be notified of the results of the of Control at not less than the Fair of Finance, as the firm to be examination as soon as the com- Market Value; and employed by contract to provide pro- mission has graded the papers. Whereas, Mt. Pleasant Now Devel- fessional services to assist the Divi- Thereafter, eligible lists will be opment Corporation has proposed to sion of Financial Reporting and established which will consist of the the City to purchase and develop Control in converting the City’s names of those candidates who have said parcels; now, therefore, accounting records and to assist in been successful in all parts of the Be it resolved by the Board of the preparation of the 2002 Compre- examination. Control of the City of Cleveland that hensive Annual Financial Report. pursuant to the authorization of Be it further resolved that the PHYSICAL EXAMINATION: All Ordinance No. 2116-02 passed October Director of Finance hereby is candidates for original entrance posi- 28, 2002, by the Cleveland City Coun- requested to enter into a contract tions who are successful in other cil, the Mayor is hereby authorized with Deloitte & Touche LLP, based parts of the examinations must sub- to execute an official deed for and upon its proposal dated October 25, mit to a physical examination. on behalf of the City of Cleveland 2002, which contract shall be pre- with Mt. Pleasant Now Development pared by the Director of Law, shall REYNALDO GALINDO, Corporation for the sale and devel- provide for furnishing of profes- President 2482 November 20, 2002 The City Record 39

SCHEDULE OF THE BOARD Calendar No. 02-330: 317 East 156th Yards and Courts Requirements of OF ZONING APPEALS Street (Ward 11) Section 357.09(a), where no building Northeast Shores Development shall be erected less than 10' from Corporation, owners c/o Kurt a main building on an adjacent lot MONDAY, DECEMBER 2, 2002 Weaver, agent, appeal to change the and the proposed deck abuts an use of the first floor of an existing existing building on the adjacent lot 9:30 A.M. 77' x 75' two-story masonry build- and Section 357.09(b), where a 3' ing into offices all situated on a 75' interior side yard setback is Calendar No. 02-325: 2617 East 127th x 77' corner parcel located in a required and 0' is proposed and the Street (Ward 6) Local Retail Business District on proposed enclosed front porch pro- Melinda Steele, owner, appeals to the east side of East 156th Street at jection is 6' and enclosed porches construct a 28' x 30' one-story, 317 East 156th Street; said change of are not allowed to project more than frame accessory garage on an exist- use being contrary to the Business 4' as stated in Section 357.13(b)(4) ing garage foundation all situated District Regulations, where the pro- of the Codified Ordinances. on an approximate 45' x 166' irreg- posed use is for 12 office spaces and ular shaped parcel located in a Two- offices are permitted in a Local EUGENE CRANFORD, JR., Family District on the east side of Retail Business District for a maxi- Secretary East 127th Street at 2617 East 127th mum of 5 persons or less and con- Street; said construction being con- trary to the Off-Street Parking and trary to the Residential District Re- Loading Requirements, where 4 REPORT OF THE BOARD quirements of Section 337.23(a), parking spaces are credited and an OF ZONING APPEALS where accessory garages shall be additional 8 parking spaces are located 18" from the property line required for a total of 12 required and 12" are proposed and an 840 sq. parking spaces as stated in Section MONDAY, NOVEMBER 18, 2002 ft. garage is proposed and the max- 349.04(g) of the Codified Ordinances. imum size allowed for an accessory At the meeting of the Board of garage is 803 sq. ft. as stated in Sec- Calendar No. 02-331: 8118 Superior Zoning Appeals on Monday, Novem- tion 337.23(7)(A) of the Codified Avenue (Ward 7) ber 18, 2002, the following appeals Ordinances. The Edward T. Haggins Trust, were heard by the Board: Calendar No. 02-326: 14909 Kingsford owner, and Isaac and Ninra Hag- Avenue (Ward 1) gins, tenants, appeal to change the The following appeals were Ap- Stephane Lowe, owner, appeals to use of an existing approximate 33' proved: enclose an existing 7' x 20' front x 61' two-story machine shop build- porch of an existing one family ing into a day care center all situ- Calendar No. 02-305: 3801 Muriel Ave- dwelling house all situated on a 40' ated on a 40' x 94' parcel located nue x 110' parcel located in a One-Fam- in a Local Retail Business District Brian Aldons appealed to install ily District on the north side of on the south side of Superior 21 linear feet of 4' high chain link Kingsford Avenue at 14909 Kings- Avenue at 8118 Superior Avenue; fencing and gate in the actual side ford Avenue; said enclosure being said change of use being contrary street yard of a corner parcel in a contrary to the Yards and Courts to the Business District Regulations Two-Family District. Requirements where a 7' porch pro- of Section 343.11, where by reference jection is proposed and enclosed as regulated from a Multi-Family Calendar No. 02-310: 9700 Kinsman porches shall not project more than District, 337.08(e)(3), a day care is Road 4' as stated in Section 357.13(b)(4) required to be 15' from any adjoin- Freedom Foundation Inc. appealed of the Codified Ordinances. ing premises in a residence district to construct a 37 sq. ft. x 11'-6" high not used for similar purposes and illuminated free standing sign to Calendar No. 02-327: 14930 Sylvia the proposed use abuts a Two-Fam- the east of a 246' x 321' parcel in Avenue (Ward 10) ily District and is subject to the a Two-Family District. Kenneth Riley, owner, appeals to review of the Board of Zoning construct a 24' x 24' one-story, Appeals and contrary to the Off- Calendar No. 02-311: 777 East 185th frame accessory garage attached to Street Parking and Loading Re- Street the front of an existing 24' x 26' quirements, where no parking John Fuduric appealed to change garage all to the rear of a 33' x 142' spaces are proposed and 4 parking the use of a legal nonconforming parcel located in a Two-Family Dis- spaces are required as stated in Sec- body piercing shop into a body trict on the south side of Sylvia tions 349.04(e) of the Codified Ordi- piercing shop, tattoo parlor and Avenue at 14930 Sylvia Avenue; said nances. retail clothing and jewelry sales in construction being contrary to the a Local Retail Business District. Residential District Requirements, Calendar No. 02-332: 12706 Brighton where a 1,200 sq. ft. garage is pro- Avenue (Ward 19) Calendar No. 02-313: 4020 Memphis posed and the maximum size Clement Andera, owner, appeals to Avenue allowed for an accessory garage is construct a 36' x 40' one-story, Robert Beal appealed to construct 655 sq. ft. as stated in Section frame accessory garage to the rear an 11' x 27' one-story attached shed 337.23(7)(A) of the Codified Ordi- of a 42' x 127' parcel located in a to an existing accessory garage in nances. One-Family District on the north a Multi-Family District. side of Brighton Avenue at 12706 Calendar No. 02-328: Motion to Brighton Avenue; said construction Calendar No. 02-316: 10601 Union Amend Resolution, 4347-63 Rocky being contrary to the Industrial Dis- Avenue River Drive (Ward 21) trict Requirements of Section 345.03, Thomas Blakely appealed to Stelia Pellegrino, owner, and where storage is first allowed in change the use of a two-story David Allen, agent, appeal to amend Semi-Industry Districts and contrary drycleaners and 2 dwelling units and modify a Site Plan and Parking to the Residential District Re- building into a day care center for Plan which the Board granted on quirements where a 695 sq. ft. children from 18 months to 12 years July 20, 1994 relating to the Yards garage is proposed and accessory of age in a Local Retail Business and Courts Requirements and set- buildings shall not exceed 650 sq. ft. District. back provisions of Sections 357.06, unless the lot exceeds 4,800 sq. ft. as 357.13 and 357.14 and being contrary stated in Section 337.23(a) of the Calendar No. 02-263: 4486 West 158th to the Landscaping and Screening Codified Ordinances. Street Requirements of Section 352.08-352.11 George Karadimas appealed to of the Codified Ordinances. Calendar No. 02-335: 3190 West 105th construct a 28' x 52' wooden deck Street (Ward 19) to the rear of a 1 1/2 dwelling house Calendar No. 02-329: 3686 West Emir Abeid, owner, appeals to con- and install 47 linear feet of 8' high Boulevard (Ward 18) struct a 6' x 16' enclosed porch to fence around the perimeter of the William and Shirley Wenzel, own- the front of an existing 16'-6" x 42'- rear yard in a One-Family District. ers, appeal from a citation issued by 6" dwelling house and a 12'-3" x 22' the City of Cleveland’s Division of L-shaped wolmanized deck to the Calendar No. 02-273: 10931 Detroit Building and Housing under Section rear of the existing house all situ- Avenue 3103.23, where the occupancy of the ated on a 25' x 105' parcel located Horizon Developers appealed to structure has been illegally con- in a Two-Family District on the construct four 20' x 40' single fam- verted from 1 dwelling unit to 2 west side of West 105th Street at ily, 3-story townhouse dwelling dwelling units without the required 3190 West 105th Street; said con- units with partial roof decks and permits. struction being contrary to the 20' x 20' attached garages in a Res- 2483 40 The City Record November 20, 2002 idence Office District; subject to The following appeals were De- Each bid must be made in accor- revised plan. nied: dance with the specifications and must be submitted on the blanks The following appeals were De- None. supplied for the purpose, all of nied: which may be obtained at the office Motion for Reconsideration Grant- of the said Commissioner of Pur- Calendar No. 02-314: 15040 Columbine ed: chases and Supplies, but no bid will Avenue be considered unless delivered to Sandra Sanders appealed to con- Calendar No. 02-223: 12222 Lorain the office of the said commissioner struct an 8' x 15' one-story at- Avenue previous to 12:00 noon (Eastern tached, wood frame open porch to Edward Krivec, owner, and Don- Standard Time) on the date speci- the front of a 28' x 30' one family ald Folmer, tenant, appealed to fied in the schedule. dwelling in a One-Family District. change the use of a first floor 750 187.10 Negotiated contracts; Notice sq. ft. tenant space area into a tat- required in Advertisement for Bids. Calendar No. 02-315: 1472-74 East too and body piercing shop on a 50' Where invitations for bids are 116th Street x 118' parcel in a General Retail advertised, the following notice Janice Blackburn appealed to use Business District. shall be included in the advertise- the front yard of a 40' x 108' par- ment: “Pursuant to the MBE/FBE cel for parking in a Two-Family EUGENE CRANFORD, JR., Code, each prime bidder, each District. Secretary minority business enterprise The following appeals were Post- (“MBE”) and each female business poned: REPORT OF THE BOARD enterprise (“FBE”) must be certi- OF BUILDING STANDARDS fied before doing business with the Calendar No. 02-312: 1891-1905 East City. Therefore, any prime contrac- 93rd Street postponed to Decem- AND BUILDING APPEALS tor wishing to receive credit for ber 2, 2002. using an MBE or FBE should ensure that applications for certifi- Calendar No. 02-285: 3111 East 93rd NO MEETING cation as to MBE or FBE status Street postponed to December 9, compliance with the Code, affirma- 2002. PUBLIC NOTICE tive action in employment and, if Calendar No. 02-194: 2097 West 28th applicable, joint venture status, are Street postponed to December 9, submitted to the Office of Equal 2002. NONE Opportunity (“OEO”) prior to the date of bid opening or submission Calendar No. 02-195: 2712 Chatham of proposals or as specified by the Avenue postponed to December 9, NOTICE OF PUBLIC HEARING Director. Failure to comply with the 2002. business enterprise code or with representations made on these forms may result in cancellation of The following appeal was With- Notice of Public Hearing drawn: the contract or other civil or crimi- By the Council Committee nal penalties.” on City Planning Calendar No. 02-160: 10318-20 Lorain WEDNESDAY, NOVEMBER 27, 2002 Avenue Mercedes Cotner Committee Room 217 Joseph Maloney appealed to City Hall, Cleveland, Ohio Labor and Materials Necessary to change the use of a one-story coffee On Monday, November 25, 2002 Clean and Test Insulators, Bush- shop and gift shop tenant space to 1:00 P.M. a coffee shop and pool hall in a Gen- ing and Lighting Arrestors, for the Division of Cleveland Public eral Retail Business District. Notice is hereby given to all interested property owners that the Power, Department of Public Util- On Monday, November 18, 2002, in Council Committee on City Plan- ities, as authorized by Ordinance Executive Session: ning will hold a public hearing in No. 1075-02, passed by the Council the Mercedes Cotner Committee of the City of Cleveland, June 17, The following appeals were heard Room 217, City Hall, Cleveland, 2002. by the Board on Monday, November Ohio, on Monday, November 25, 2002, THERE WILL BE A MANDATORY 11, 2002, and said decisions were at 1:00 P.M., to consider the follow- PRE-BID ON THURSDAY, adopted and approved in Executive ing ordinance now pending in the NOVEMBER 21, 2002 AT 10:00 Session on November 18, 2002: C o u n c i l : A.M. AT CLEVELAND PUBLIC POWER, LOCATED AT 1300 The following appeals were Ap- Ord. No. 1730-02. LAKESIDE AVE., CLEVELAND, proved: By Council Member Cimperman. OHIO 44114. An ordinance to change the zon- Calendar No. 02-301: 11307 Orville ing of properties west of West 20th Rehabilitation of Fire Boat, for the Avenue Street and north of Abbey Avenue. Division Motor Vehicle Mainte- Eloise Miller appealed to alter and (Map Change No. 2057, Sheet No. 1) nance, Department of Public Ser- enclose two existing porches and vice, as authorized by Ordinance add a second story enclosed porch to All interested persons are urged No. 1262-02, passed by the Council each on a 64' x 64' corner parcel in to be present or to be represented at of the City of Cleveland, July 17, a Two-Family District. the above time and place. 2002.

Calendar No. 02-303: 2059 West 65th JOSEPH C. CIMPERMAN, Street Chairman November 13, 2002 and November 20, 2002 St. Colman Church and Diocese of Committee on City Planning Cleveland appealed to construct a WEDNESDAY, DECEMBER 4, 2002 parking lot for 20 accessory parking _____ spaces in a General Retail Business One (1) Large Format Print- District. November 13, 2002 and November 20, 2002 er/Scanner System, for the Divi- sion of Printing & Reproduction, Calendar No. 02-304: 6311 Lawn Ave- Department of Finance as autho- nue CITY OF CLEVELAND BIDS rized by Ordinance No. 1711-02, St. Colman Church and Diocese of passed by the Council of the Cleveland appealed to construct a City of Cleveland, September 23, parking lot for 23 accessory parking For All Departments 2 0 0 2 . spaces in a Multi-Family District. Sealed bids will be received at the One (1) High Speed Envelope Press, Calendar No. 02-215: 1845 West 45th office of the Commissioner of Pur- for the Division of Printing & Street chases and Supplies, Room 128, City Reproduction, Department of Ryan McKenzie appealed to con- Hall, in accordance with the append- Finance, as authorized by Ordi- struct a two-story, single family ed schedule, and will be opened and nance No. 1715-02, passed by the dwelling with a 24' x 32' one-story read in Room 128, City Hall, imme- Council of the City of Cleveland, garage in a Two-Family District. diately thereafter. September 23, 2002. 2484 November 20, 2002 The City Record 41

One (1) High Capacity Paper Drill, the Council of the City of Cleve- WEDNESDAY, DECEMBER 18, 2002 for the Division of Printing & land, May 21, 2001. Reproduction, Department of Phase II Residential Sound Insula- Finance, as authorized by Ordi- tion Program (RSIP) 2003 Group nance No. 1712-02, passed by the November 20, 2002 and November 27, 2002 A-03, for the Department of Port Council of the City of Cleveland, Control, as authorized by Ordi- September 23, 2002. THURSDAY, DECEMBER 12, 2002 nance No. 930-95, 469-98, 327-2000, passed by the Council of the City Harvard Yard Service Facility Roof of Cleveland, June 19, 1995, May November 13, 2002 and November 20, 2002 Replacement and Renovations 18, 1998 and June 12, 2000. (Phase II), for the Division of THERE WILL BE A MANDATORY WEDNESDAY, DECEMBER 11, 2002 Architecture, Department of Pub- PRE-BID ON TUESDAY, DECEM- lic Service. BER 3, 2002 AT 12:00 P.M. AT C&S Phase II Residential Sound Insula- THERE WILL BE A PRE-BID ENGINEERS OF OHIO, INC., tion Program Group G-02, for the MEETING, FRIDAY, NOVEMBER Department of Port Control, as LOCATED AT 20445 EMERALD 29, 2002 AT 10:00 A.M., HAR- PARKWAY, SUITE 100, CLEVE- authorized by Ordinance No. 930- VARD YARDS, ADMINISTRATION 95, 469-98, 327-2000, passed by the LAND, OHIO 44135. BUILDING #1, LOCATED AT 4150 THERE WILL BE A REFUNDABLE Council of the City of Cleveland, E. 49TH STREET, CLEVELAND, June 19, 1995, May 18, 1998 & June FEE OF ONE HUNDRED DOL- OHIO. LARS ($100.00) IN THE FORM OF 12, 2000. THERE WILL BE A REFUNDABLE THERE WILL BE A MANDATORY A CASHIER]S CHECK AND OR FEE OF FIFTY DOLLARS MONEY ORDER. PRE-BID ON THURSDAY, NOV- ($50.00) IN THE FORM OF A EMBER 21, 2002, AT 12:00 P.M. AT CASHIER’S CHECK AND OR C & S ENGINEERS OF OHIO, MONEY ORDER. November 20, 2002 and November 27, 2002 INC., LOCATED AT 20445 EMER- ALD PARKWAY, SUITE 100, House of Corrections Roof Replace- CLEVELAND, OHIO 44135. ment, for the Division of Archi- THERE WILL BE A REFUNDABLE ADOPTED RESOLUTIONS tecture, Department of Public Ser- FEE OF ONE HUNDRED DOL- AND ORDINANCES LARS ($100.00) IN THE FORM OF vice. A CASHIER’S CHECK AND OR THERE WILL BE A PRE-BID MONEY ORDER. MEETING, TUESDAY, DECEM- BER 3, 2002 AT 10:00 A.M., HOUSE Res. No. 2186-02. Phase II Residential Sound Insula- OF CORRECTIONS CONFER- ENCE ROOM, LOCATED AT 4041 By Council Members Sweeney, tion Program Group H-02, for the Johnson, Cimperman and Jackson NORTHFIELD RD., HIGHLAND Department of Port Control, as (by departmental request). HILLS, OHIO. authorized by Ordinance No. 930- An emergency resolution declar- 95, 469-98, 327-2000, passed by the THERE WILL BE A REFUNDABLE ing the necessity and intention to Council of the City of Cleveland, FEE OF FIFTY DOLLARS appropriate property for the public June 19, 1995, May 18, 1998 & June ($50.00) IN THE FORM OF A purpose of constructing Maplewood 12, 2000. CASHIER’S CHECK AND OR Park, located at 17810 Midvale Ave- THERE WILL BE A MANDATORY MONEY ORDER nue. PRE-BID ON THURSDAY, NOV- Whereas, this resolution consti- EMBER 21, 2002, AT 12:00 P.M. AT November 20, 2002 and November 27, 2002 tutes an emergency measure provid- C & S ENGINEERS OF OHIO, ing for the usual daily operation of INC., LOCATED AT 20445 EMER- FRIDAY, DECEMBER 13, 2002 a municipal department; now, there- ALD PARKWAY, SUITE 100, fore, CLEVELAND, OHIO 44135. Be it resolved by the Council of Office Paper Recycling Program, for THERE WILL BE A REFUNDABLE the City of Cleveland: the Division of Waste Collection FEE OF ONE HUNDRED DOL- Section 1. That for the public pur- and Disposal, Department of Pub- LARS ($100.00) IN THE FORM OF pose of constructing Maplewood lic Service, as authorized by Sec- A CASHIER’S CHECK AND OR Park, located at 17810 Midvale it is MONEY ORDER. tion 181.18 of the Codified Ordi- necessary to appropriate in fee sim- nances of Cleveland, Ohio, 1976. ple property interests and this Coun- cil declares its intent to appropriate November 13, 2002 and November 20, 2002 Labor and Material Necessary to the fee simple property interests in Maintain and Replace Exterior and to the following property: THURSDAY, DECEMBER 12, 2002 Site Landscaping, for Various Divisions, Department of Port Permanent Parcel No. 028-11-040 Noise Walls and Landscaping at Control, as authorized by Ordi- Situated in the City of Cleveland, Various CSXSite Locations, for nance No. 126-02, passed by the County of Cuyahoga and State of the Division of Engineering and Council of the City of Cleveland, Ohio and known as being Sublot No. Construction, Department of Pub- April 22, 2002. 142 in the Provident Land Compa- lic Service, as authorized by Ordi- THERE WILL BE A PRE-BID ny’s Riverview Subdivision No. 2 nance No. 1398-2000, passed by the MEETING TUESDAY, DECEM- and a part of Original Rockport Council of the City of Cleveland, BER 3, 2002 AT 12:30 P.M. IN THE Township Section No. 3, as shown by November 13, 2000. DEPARTMENT OF PORT CON- the recorded plat in Volume 95 of THERE WILL BE A REFUNDABLE TROL’S MAIN CONFERENCE Maps, Page 38 of Cuyahoga County FEE OF FIFTY DOLLARS ROOM, TERMINAL BUILDING, Records and being 40 feet front on ($50.00) IN THE FORM OF A CLEVELAND HOPKINS AIR- the Northerly side of Midvale Ave- CASHIER’S CHECK AND OR PORT, LOCATED AT 5300 nue S.W., and extending back be- MONEY ORDER. RIVERSIDE DRIVE, CLEVE- tween parallel lines 126 feet, as LAND, OHIO 44135. appears by said plat. Section 2. That the Director of November 13, 2002 and November 20, 2002 Labor and Material to Maintain/Re- Finance is authorized to cause writ- pair Various Handling Equipment, ten notice of the adoption of this THURSDAY, DECEMBER 5, 2002 for Various Divisions, Department resolution to be given to the own- of Public Utilities as authorized ers, persons in possession or having Chrysler Parts & Labor, for the Divi- by Ordinance No. 2102-2000, passed an interest of record in the above- sion of Motor Vehicle Mainte- by the Council of the City of mentioned premises. The notice nance, Department of Public Ser- Cleveland, March 19, 2001. shall be served according to law by vice, as authorized by Ordinance THERE WILL BE A MA N D A T O R Y a person designated for that purpose No. 990-02, passed by the Council PRE-BID ON THURSDAY, DECEM- by the Director of Finance which of the City of Cleveland, June 17, BER 5, 2002 AT 10:00 A.M. AT return shall be made in the manner 2002. CLEVELAND PUBLIC POWER, provided by law. LOCATED AT 1300 LAKESIDE Section 3. That this resolution is Lecterns, for Various Divisions, AVE., CLEVELAND, OHIO 44114. declared to be an emergency mea- Department of Parks, Recreation sure and, provided it receives the and Properties, as authorized by affirmative vote of two-thirds of all Ordinance No. 1205-02, passed by November 20, 2002 and November 27, 2002 the members elected to Council, it 2485 42 The City Record November 20, 2002 shall take effect and be in force Whereas, this resolution consti- Whereas, the Ohio Department of immediately upon its adoption and tutes an emergency measure provid- Job and Family Services is consid- approval by the Mayor; otherwise, it ing for the usual daily operation of ering contracting with an out-of- shall take effect and be in force a municipal department; now, there- state vendor for services to manage from and after the earliest period fore, a Medicaid supplemental rebate pre- allowed by law. Be it resolved by the Council of scription drug program; and Adopted November 11, 2002. the City of Cleveland: Whereas, there is a company in Effective November 19, 2002. Section 1. That objection to the Ohio that is recognized nationally transfer of ownership of a C2 and for its role as an advisor to State C2X Liquor Permit to 9200 Wade governments on how to control pre- Park Avenue, Unit B-10, be and the scription drug costs in Medicaid pro- Res. No. 2196-02. same is hereby withdrawn and Res- grams; and By Council Member Jones. olution No. 1165-02, containing such Whereas, this company currently An emergency resolution with- objection, be and the same is here- provides such services to the states drawing objection to the transfer of by repealed and that this Council of Florida, Illinois, West Virginia ownership of a C2 and C2X Liquor consents to the immediate transfer and Louisiana; and Permit at 14720 Harvard Avenue and thereof. Whereas, this Council believes repealing Resolution No. 1309-02, Section 2. That this resolution is that the State of Ohio should, when objecting to said transfer. hereby declared to be an emergency possible, contract with Ohio compa- Whereas, this Council objected to measure and, provided it receives nies; and the transfer of ownership of a C2 the affirmative vote of two-thirds of Whereas, this Council urges the and C2X Liquor Permit to 14820 Har- all the members elected to Council, Ohio Department of Job and Family vard Avenue by Resolution No. 1309- it shall take effect and be in force Services to solicit proposals for the 02 adopted by Council on June 17, immediately upon its adoption and management of Ohio’s Medicaid sup- 2002; and approval by the Mayor; otherwise, it plemental rebate prescription drug Whereas, this Council wishes to shall take effect and be in force program; and withdraw its objection to the above from and after the earliest period Whereas, soliciting proposals transfer and hereby consents to said allowed by law. will enable the State of Ohio to transfer; and Adopted November 11, 2002. compare proposals and select the Whereas, this resolution consti- Effective November 19, 2002. company that will provide the best tutes an emergency measure provid- service to the citizens of the State ing for the usual daily operation of of Ohio; and a municipal department; now, there- Whereas, this resolution consti- fore, Res. No. 2198-02. tutes an emergency measure for the Be it resolved by the Council of By Council Member O’Malley. immediate preservation of public the City of Cleveland: An emergency resolution with- peace, property, health, or safety, Section 1. That objection to the drawing objection to a New C2 now, therefore, transfer of ownership of a C2 and Liquor Permit to 2039 Broadview Be it resolved by the Council of C2X Liquor Permit to 14720 Har- Road and repealing Resolution No. the City of Cleveland: vard Avenue be and the same is 1672-02, objecting to said issuance. Section 1. That this Council urges hereby withdrawn and Resolution Whereas, this Council objected to the Ohio Department of Job and No. 1309-02, containing said objec- the issuance of a New C2 Liquor Family Services to solicit proposals tion, be and the same is hereby Permit to 2039 Broadview Road by for the management of Ohio’s Med- repealed and that this Council con- Resolution No. 1672-02 adopted by icaid supplemental rebate prescrip- sents to the immediate transfer Council on August 14, 2002; and tion drug program and, when possi- t h e r e o f . Whereas, this Council wishes to ble, to contract with Ohio compa- Section 2. That this resolution is withdraw its objection to the above nies. hereby declared to be an emergency issuance and hereby consents to Section 2. That the Clerk of Coun- measure and, provided it receives said issuance; and cil is hereby directed to transmit the affirmative vote of two-thirds of Whereas, this resolution consti- copies of this resolution to Governor all the members elected to Council, tutes an emergency measure provid- Bob Taft and Tom Hayes, Director, it shall take effect and be in force ing for the usual daily operation of Ohio Department of Job and Family immediately upon its adoption and a municipal department; now, there- Services. approval by the Mayor; otherwise, it fore, Section 3. That this resolution is shall take effect and be in force Be it resolved by the Council of hereby declared to be an emergency from and after the earliest period the City of Cleveland: measure and, provided it receives allowed by law. Section 1. That objection to the the affirmative vote of two-thirds of Adopted November 11, 2002. issuance of a New C2 Liquor Permit all the members elected to Council, Effective November 19, 2002. to 2039 Broadview Road be and the it shall take effect and be in force same is hereby withdrawn and Res- immediately upon its adoption and olution No. 1672-02, containing said approval by the Mayor; otherwise, it objection, be and the same is here- shall take effect and be in force Res. No. 2197-02. by repealed and that this Council from and after the earliest period By Council Member Lewis. consents to the immediate issuance allowed by law. An emergency resolution with- thereof. Adopted November 11, 2002. drawing objection to the transfer of Section 2. That this resolution is Effective November 19, 2002. ownership of a C2 and C2X Liquor hereby declared to be an emergency Permit at 9200 Wade Park Avenue, measure and, provided it receives Unit B-10, and repealing Resolution the affirmative vote of two-thirds of No. 1165-02, objecting to said trans- all the members elected to Council, Ord. No. 1534-02. fer. it shall take effect and be in force By Council Member Zone. Whereas, this Council objected to immediately upon its adoption and An emergency ordinance to amend the transfer of ownership of a C2 approval by the Mayor; otherwise, it Section 471.06 of the Codified Ordi- and C2X Liquor Permit to 9200 shall take effect and be in force nances of Cleveland, Ohio, 1976, as Wade Park Avenue, Unit B-10 by from and after the earliest period amended by Ordinance No. 1217-02, Resolution No. 1165-02 adopted by allowed by law. passed June 10, 2002, relating to use the Council on June 3, 2002; and Adopted November 11, 2002. of highway for soliciting; riding in Whereas, this Council wishes to Effective November 19, 2002. cargo storage area, on tailgate or on withdraw its objection to the above outside of vehicle. transfer and consents to said trans- Whereas, this ordinance consti- fer based upon and pursuant to a tutes an emergency measure provid- cooperation agreement by and Res. No. 2199-02. ing for the usual daily operation of through City Council Representa- By Council Member Sweeney. a municipal department; now, there- tive, Fannie M. Lewis and Appli- An emergency resolution ur g i n g fore, cant, Waheeb Zahriyeh, President, the Ohio Department of Job and Be it ordained by the Council of My Own, Inc., DBA Foodtown #1, Family Services to solicit proposals the City of Cleveland: 9200 Wade Park Avenue, Unit B-10, for the management of Ohio’s Med- Section 1. That Section 471.06 of Cleveland, Ohio 44106, a copy of icaid supplemental rebate prescrip- the Codified Ordinances of Cleve- which is in the file for this address tion drug program and, when possi- land, Ohio, 1976, as amended by with the City Law Department; and ble, to contract with Ohio companies. Ordinance No. 1217-02, passed June 2486 November 20, 2002 The City Record 43

10, 2002, is amended to read as fol- arms, or making other bodily ges- Section 2. That existing Section lows: t u r e s . 471.06 of the Codified Ordinances of This division shall not be con- Cleveland, Ohio, 1976, as amended Section 471.06 Use of Highway for strued to prohibit a person from by Ordinance No. 1217-02, passed Soliciting; Riding in Cargo Storage stopping, beckoning to, or attempt- June 10, 2002, is repealed. Area, on Tailgate or on Outside of ing to stop vehicles due to emer- Section 3. That this ordinance is Vehicle gency, or to warn drivers of dan- declared to be an emergency mea- (a) No person while on a roadway ger, or to engage transportation for sure and, provided it receives the outside a safety zone shall solicit a h i r e . affirmative vote of two-thirds of all ride from the driver of any vehicle. (f) No person shall hang onto, or the members elected to Council, it This division does not apply in the ride on the outside of any motor shall take effect and be in force case of emergency or when the solic- vehicle, streetcar, or trackless trol- immediately upon its passage and itation is due to the person engag- ley while it is moving upon a road- approval by the Mayor; otherwise it ing transportation for hire. way, except mechanics or test engi- shall take effect and be in force (b) No person shall stand on a neers making repairs or adjust- from and after the earliest period highway for the purpose of solicit- ments, or workers performing spe- allowed by law. ing employment, business, or contri- cialized highway or street mainte- butions from the occupant of any nance or construction under the Passed November 11, 2002. vehicle. This division does not apply authority of a public agency. Effective November 19, 2002. to police or firefighters soliciting (g) No operator shall knowingly contributions for bona fide charities. permit any person to hang onto, or (c) No person shall stand on a ride on the outside of any motor street or highway, or on any other vehicle, streetcar, or trackless trol- Ord. No. 1728-02. portion of the right-of-way, includ- ley while it is moving upon a road- By Council Member Cintron. ing the berm, shoulder, treelawn, way, except mechanics or test engi- An emergency ordinance desig- and sidewalk, and transfer or re- neers making repairs or adjust- nating the John Edwards House as ceive any item, object, package, cur- ments, or workers performing spe- a Cleveland Landmark. rency, or anything of value, to or cialized highway or street mainte- Whereas, the Cleveland Land- from the driver or an occupant of nance of construction under the marks Commission (the “Commis- any vehicle. authority of a public agency. sion”) pursuant to Chapter 161 of This division shall not apply in (h) No driver of a truck, trailer, the Codified Ordinances of Cleve- the case of emergency, or when the or semitrailer shall knowingly per- land, Ohio, 1976, has proposed the transfer or exchange of the item, mit any person who has not attained designation of the John Edwards object, package, currency, or thing the age of sixteen years to ride in House as a landmark; and of value is due to the person engag- the unenclosed or unroofed cargo Whereas, the owner of the John ing transportation for hire or mak- storage area of his vehicle if the Edwards House has been properly ing a purchase from a licensed ven- vehicle is traveling faster than notified of the proposed designation dor. This division does not apply in twenty-five miles per hour, unless and has consented in writing to the the case of emergency; or when the either of the following applies: proposed designation; and transfer or exchange of the item, (1) the cargo storage area of the Whereas, the Commission has rec- object, package, currency, or thing vehicle is equipped with a properly ommended designation of the John of value is due to the person engag- secured seat to which is attached a Edwards House as a landmark and ing transportation for hire by a pub- seat safety belt that is in compli- has set forth certain findings of fact lic hack; or is due to the person ance with federal standards for an constituting the basis for its deci- facilitating a funeral escort vehicle; occupant restraining device as sion; and or is due to the person making a defined in division (A)(2) of RC Whereas, this ordinance consti- purchase from a licensed vendor; or 4513.263, the seat and seat safety is due to police or firefighters solic- belt were installed at the time the tutes an emergency measure pro- iting contributions for bona fide vehicle was originally assembled, viding for the immediate preserva- charities; or is due to a charitable and the person riding in the cargo tion of the public peace, property, entity soliciting for bona fide char- storage area is in the seat and is health, and safety in that the itable purposes. wearing the seat safety belt; immediate protection of the his- (d) No person who is the driver or (2) An emergency exists that toric landmark is necessary to safe- occupant of a vehicle shall transfer threatens the life of the driver or guard the special historical, com- or receive any item, object, package, the person being transported in the munity, or aesthetic interest or currency, or anything of value, to or cargo storage area of the truck, value in the landmark; now there- from any person standing on a trailer, or semitrailer. f o r e street or highway, or on any other (i) No driver of a truck, trailer, or Be it ordained by the Council of portion of the right-of-way, includ- semitrailer shall permit any person, the City of Cleveland: ing the berm, shoulder, treelawn, except for those workers performing Section 1. That the John Edwards and sidewalk. specialized highway or street main- House, whose street address in the This division shall not apply in tenance or construction under City of Cleveland is 2822 Wood- the case of emergency, or when the authority of a public agency, to ride bridge Avenue, S.W., also known as transfer or exchange of the item, in the cargo storage area or on a Cuyahoga County Auditor’s perma- object, package, currency, or thing tailgate of his vehicle while the tail- nent parcel number 015-10-081, and or value is due to the person engag- gate is unlatched. the land embracing the site thereof, ing transportation for hire or mak- (j) No person shall leave or enter which in its entirety is a property ing a purchase from a licensed ven- a vehicle that is in motion except in having special character or special dor. This division does not apply in an emergency necessitating such historical or aesthetic value as part the case of emergency; or when the action. of the development, heritage, or cul- transfer or exchange of the item, (k) As used in this section, tural characteristics of the City, object, package, currency, or thing “street” or “highway” have the same State, or the United States, be and of value is due to the person engag- meaning as in division (BB) of RC it hereby is designated a landmark ing transportation for hire by a pub- Section 4511.01. pursuant to Chapter 161 of the Cod- lic hack; or is due to the person (l) Whoever violates divisions ified Ordinances of Cleveland, Ohio, facilitating a funeral escort vehicle; (b), (c), (d) or (e) of this section is 1976. or is due to the person making a guilty of a misdemeanor of the purchase from a licensed vendor; or fourth degree on the first offense, a Section 2. That this ordinance is is due to police or firefighters solic- misdemeanor of the third degree on hereby declared to be an emergency iting contributions for bona fide the second offense, and a misde- measure and, provided it receives charities; or is due to a charitable meanor of the first degree on the the affirmative vote of two-thirds of entity soliciting for bona fide char- third and each subsequent offense. all the members elected to Council, itable purposes. Whoever violates any other division it shall take effect and be in force (e) No person shall stand on a of this section is guilty of a minor immediately upon its passage and street or highway, or on any other misdemeanor on the first offense; a approval by the Mayor; otherwise it portion of the right-of-way, includ- misdemeanor of the fourth degree shall take effect and be in force ing the berm, treelawn, s h o u l d e r , on a second offense; and a misde- from and after the earliest period and sidewalk, and repeatedly stop, meanor of the third degree on the allowed by law. beckon to, or attempt to stop vehic- third and each subsequent offense. Passed November 11, 2002. ular traffic by hailing, waving (RC 4511.51) Effective November 19, 2002. 2487 44 The City Record November 20, 2002

Ord. No. 1850-02. a municipal department; now, there- dinners, and, if necessary, rental of By Council Members Lewis, White fore, a site for the course or courses. and Jackson (by departmental re- Be it ordained by the Council of (c) The Director of the Office of quest). the City of Cleveland: Equal Opportunity shall deposit the An emergency ordinance to enact Section 1. That the Codified Ordi- registration fees collected from par- Section 187.16 of the Codified Ordi- nances of Cleveland, Ohio, 1976, is ticipants in the course or courses nances of Cleveland, Ohio, 1976, supplemented by enacting new Sec- into the MBE/FBE Educational Pro- relating to the Director of the Office tion 187.16 to read as follows: gram Account. All expenditures of Equal Opportunity conducting the made under this section shall be James H. Walker Construction Man- Section 187.16 James H. Walker paid from registration fees collect- agement Training Course. Construction Management Training ed, which are appropriated for these Whereas, the Office of Equal Course purposes, and from funds appropri- ated for the use of the Office of Opportunity is required, under Sec- (a) The Director of the Office of Equal Opportunity. tion 123.08, to plan and participate Equal Opportunity is authorized to Section 2. That this ordinance is in training seminars for the purpose conduct the James H. Walker Con- declared to be an emergency mea- of informing potential bidders of the struction Management Training sure and, provided it receives the minority and female business enter- Course up to twice annually and to affirmative vote of two-thirds of all prise programs and of business fix and collect registration fees the members elected to Council, it opportunities available; and from participants. shall take effect and be in force Whereas, the Office of Equal Oppor- (b) The Director of the Office of immediately upon its passage and tunity sponsors the James H. Walker Equal Opportunity is authorized to approval by the Mayor; otherwise it Construction Management Training make purchases and enter into one shall take effect and be in force Course for those purposes; and or more agreements in accordance from and after the earliest period Whereas, this ordinance consti- with the Charter and relevant Codi- allowed by law. tutes an emergency measure provid- fied Ordinances for course materials, Passed November 11, 2002. ing for the usual daily operation of supplies, refreshments, graduation Effective November 19, 2002.

Ord. No. 1890-02. By Council Members Lewis and Jackson (by departmental request). An emergency ordinance to amend Section 42 of Ordinance No. 469-02, passed April 1, 2002, as amended by Ordinance No. 639-02, passed April 15, 2002, and Ordinance No. 1986-02, passed October 7, 2002, relating to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Section 42 of Ordinance No. 469-02, passed April 1, 2002, as amended by Ordinance No. 639-02, passed April 15, 2002, and Ordinance No. 1986-02, passed October 7, 2002, is amended to read as follows:

Section 42. Part-Time/Seasonal Group That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Box Office Cashier...... $10.33 $13.97 2. Chaplain...... $ 9.20 $11.04 3. Checker...... $ 9.20 $ 9.20 4. Conservation Aide...... $ 9.20 $ 9.20 5. Dentist...... $13.38 $27.48 6. Head Usher...... $ 9.20 $10.91 7. Law Clerk...... $ 9.20 $12.00 8. Medical Examiner...... $21.40 $56.36 9. Organ Tuner...... $ 9.63 $24.11 10. Park Maintenance Aide...... $ 9.20 $ 9.20 11. Ranger...... $ 9.20 $10.77 12. School Crossing Guard (Per Day)...... $20.50 $25.00 13. Section Supervisor...... $ 8.70 $ 9.20 14. Snow Removal Vehicle Operator...... $10.40 $14.46 15. Stage Hand...... $19.11 $26.29 16. Stage Hand Casual...... $20.60 $25.96 17. Stage Hand – Show Rate (Per Show)...... $64.89 $85.34 18. Student Aide...... $ 9.20 $ 9. 2 0 19. Student Assistant...... $ 9.20 $ 9.20 20. Usher...... $ 9.20 $ 9.20 21. Usher Captain...... $ 9.20 $ 9.20

Section 2. That Section That existing Section 42 of Ordinance No. 469-02, passed April 1, 2002, as amended by Ordinance No. 639-02, passed April 15, 2002, and Ordinance No. 1986-02, passed October 7, 2002, is repealed. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive 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 11, 2002. Effective November 19, 2002. 2488 November 20, 2002 The City Record 45

Ord. No. 1892-02. all other costs associated to rede- improvements as an incentive to By Council Members Cintron, Gor- velop the property located at Per- acquire property and construct a don and Jackson (by departmental manent Parcel Nos. 103-24-077 and building for a barber college at request). 103-24-078 and the adjacent area, Permanent Parcel Nos. 103-24-077 An emergency ordinance authoriz- Cleveland, Ohio (the “Improve- and 103-24-078 and the adjacent ing the Director of Economic Devel- ment”). area, and all other associated costs opment to enter into an amendment Section 2. That the Director of with the construction of a new to Contract No. 58227 with 3500 Economic Development is autho- building, located in the Cleveland Group, Ltd. to modify certain terms rized to enter into a grant agree- Area Enterprise Zone. of the contract. ment with Solomon Enterprises Ltd. Whereas, pursuant to Ordinance Whereas, this ordinance consti- to receive Economic Development No. 948-95, passed June 19, 1995, tutes an emergency measure provid- Initiative Grant funds to partially this Council designated an area ing for the usual daily operation of finance the above-described Im- which is in the City of Cleveland a municipal department; now, there- provement. and described in File No. 948-95-A, fore, Section 3. That the terms of the as the Cleveland Area Enterprise Be it ordained by the Council of loan and grant shall be in accor- Zone (the “Zone”) pursuant to the City of Cleveland: dance with the terms set forth in the Chapter 5709 of the Ohio Revised Section 1. That the Director of Summary contained in File No. Code; and Economic Development is autho- 1927-02-A. Whereas, in August, 1995, the rized to enter into an amendment to Section 4. That the costs of the Director of Development of the State Contract No. 58227 with 3500 Group, contract shall not exceed a loan of Ohio determined that the Zone Ltd. to modify certain terms and amount of $152,000 and a grant contains the characteristics set forth conditions of the contract as set amount of $38,000. The loan shall be in Section 5709.61(A) of the Revised forth in File No. 1892-02-A. paid from Fund No. 18 SF 001 and Code and certified the area as an All other terms and conditions 18 SF 003 and the grant shall be “Urban Jobs and Enterprise Zone” contained in the original contract paid from Fund No. 18 SF 003, pursuant to Chapter 5709 of the shall remain the same. Request No. 124002. Revised Code; and Section 2. That the amendment to Section 5. That the Director of Whereas, Solomon Enterprises Contract No. 58227 shall be prepared Economic Development is autho- Ltd. (the “Enterprise”) has proposed by the Director of Law and shall rized to accept collateral as set to acquire property and construct a contain terms and conditions as the forth in the Summary contained in building for a barber college at Per- Director deems necessary to protect the file referenced in this ordinance manent Parcel Nos. 103-24-077 and and benefit the public interest. in order to secure repayment of the 103-24-078 and the adjacent area, Section 3. That this ordinance is loan. Any security instrument shall Cleveland, Ohio; and declared to be an emergency mea- be prepared and approved by the Whereas, the Enterprise has cer- sure and, provided it receives the Director of Law. tified to the City that, but for abate- affirmative vote of two-thirds of all Section 6. That the Director of ment of real property improvements the members elected to Council, it Economic Development is autho- the Enterprise would be at a com- shall take effect and be in force rized to accept monies in repayment petitive disadvantage by operating immediately upon its passage and of the loan and to deposit the at this location; and approval by the Mayor; otherwise it monies in Fund No. 18 SF 002. Whereas, this ordinance consti- shall take effect and be in force Section 7. That the Director of tutes an emergency measure in that from and after the earliest period Economic Development is autho- the same provides for the immediate allowed by law. rized to charge and accept fees in preservation of the public peace, Passed November 11, 2002. an amount not to exceed the maxi- safety, property, and welfare and Effective November 19, 2002. mum allowable fees under federal for the further reason that its enact- regulations and the fees are appro- ment is a necessary prerequisite to priated to cover costs incurred in providing immediate assistance to the preparation of the loan applica- create and preserve job opportuni- Ord. No. 1927-02. tion, closing and servicing of the ties and advance and promote com- By Council Members Jackson, Gor- loan. The fees shall be deposited to mercial and economic development don and Cimperman (by departmen- and expended from Fund No. 18 SF in the City of Cleveland, such assis- tal request). 004. tance being immediately necessary An emergency ordinance authoriz- Section 8. That the Director of or such jobs will be lost; now, there- ing the Director of Economic Devel- Law is authorized to prepare the fore, opment to enter into an Em- contract and other documents as Be it ordained by the Council of powerment Zone Section 108 loan may be appropriate to complete the the City of Cleveland: and an Economic Development Ini- transaction. Section 1. That this Council tiative Grant Agreement with Solo- Section 9. That this ordinance is approves the application of the En- mon Enterprises Ltd. to provide eco- declared to be an emergency mea- terprise for enterprise zone incen- nomic development assistance to sure and, provided it receives the tives on the basis that the Enter- partially finance the acquisition of affirmative vote of two-thirds of all prise is qualified by financial property and the construction of a the members elected to Council, it responsibility and business experi- building for a barber college, and shall take effect and be in force ence to create and preserve employ- all other costs associated to rede- immediately upon its passage and ment opportunities in the Cleveland velop the property located at Per- approval by the Mayor; otherwise it Area Enterprise Zone and to im- manent Parcel Nos. 103-24-077 and shall take effect and be in force prove the economic climate of the 103-24-078 and the adjacent area, from and after the earliest period City of Cleveland. Cleveland, Ohio. allowed by law. Section 2. That the Director of Whereas, this ordinance consti- Passed November 11, 2002. Economic Development is autho- tutes an emergency measure provid- Effective November 19, 2002. rized to enter into an Enterprise ing for the usual daily operation of Zone Agreement with the Enter- a municipal department; now, there- prise to provide for a ten year fore, sixty percent (60%) abatement for Be it ordained by the Council of Ord. No. 1928-02. certain real property improvements the City of Cleveland: By Council Members Jackson, as an incentive to acquire property Section 1. That the Director of Gordon and Cimperman (by depart- and to construct a building for a Economic Development is autho- mental request). barber college at Permanent Parcel rized to enter into an Empowerment An emergency ordinance autho- Nos. 103-24-077 and 103-24-078 and Zone Section 108 loan with Solomon rizing the Director of Economic the adjacent area, and for all other Enterprises Ltd. to provide econom- Development to enter into an associated costs with the construc- ic development assistance to par- Enterprise Zone Agreement with tion of a new building; the abate- tially finance the acquisition of Solomon Enterprises Ltd. to provide ment shall be subject to annual property and the construction of a for a ten year sixty percent abate- review of the Tax Incentive building for a barber college, and ment for certain real property Review Council. 2489 46 The City Record November 20, 2002

Section 3. That the terms of the Whereas, the Enterprise has cer- shall take effect and be in force tax abatement shall be in accor- tified to the City that, but for abate- immediately upon its passage and dance with the terms set forth in ment of real property improvements approval by the Mayor; otherwise it the Summary contained in File No. the Enterprise would be at a com- shall take effect and be in force 1928-02-A. The terms of the file petitive disadvantage by operating from and after the earliest period notwithstanding, the terms of the at this location; and allowed by law. tax abatement shall not be amend- Whereas, this ordinance consti- Passed November 11, 2002. ed, nor shall the tax abatement be tutes an emergency measure in that Effective November 19, 2002. assignable or transferrable to any the same provides for the immediate entity, without the prior legislative preservation of the public peace, authorization by Cleveland City safety, property, and welfare and C o u n c i l . for the further reason that its enact- Ord. No. 1978-02. Section 4. That the Director of ment is a necessary prerequisite to By Council Member O’Malley. Economic Development is autho- providing immediate assistance to An emergency ordinance to vacate rized to charge and accept fees in create and preserve job opportuni- a portion of Concord Court S. W. an amount not to exceed the maxi- ties and advance and promote com- hereinafter described. mum allowable under Chapter 5709 mercial and economic development Whereas, on the day of April 29, of the Revised Code and the funds in the City of Cleveland, such assis- 2002, the Council of the City of are appropriated for the purposes tance being immediately necessary Cleveland adopted Resolution No. set forth in Chapter 5709 of the or such jobs will be lost; now, there- 292-02 declaring its intention to Revised Code. The fees shall be fore, vacate a portion of Concord Court deposited to and expended from Be it ordained by the Council of S.W., hereinafter described. Fund No. 17 SF 305, Loan Fees the City of Cleveland: Whereas, notice of the adoption of F u n d . Section 1. That this Council the above Resolution No. 292-02 has Section 5. That the Director of been served upon the owners of all Law shall prepare and approve the approves the application of the the property abutting Concord Court agreement and that the agreement Enterprise for enterprise zone incen- S.W. affected by said Resolution, shall contain the terms and provi- tives on the basis that the Enter- notifying the said property owners sions as the director deems neces- prise is qualified by financial of the time and place at which sary to protect the City’s interest. responsibility and business experi- objections can be heard before the Section 6. That this ordinance is ence to create and preserve employ- Board of Revision of Assessments, declared to be an emergency mea- ment opportunities in the Cleveland and sure and, provided it receives the Area Enterprise Zone and to Whereas, on the 24th day of Sep- affirmative vote of two-thirds of all improve the economic climate of the tember, 2002, the Board of Revision the members elected to Council, it City of Cleveland. of Assessments approved the vaca- shall take effect and be in force Section 2. That the Director of tion of West Concord Court S.W., immediately upon its passage and Economic Development is autho- hereinafter described, in accordance approval by the Mayor; otherwise it rized to enter into an Enterprise with the provisions of Section 176 of shall take effect and be in force Zone Agreement with the Enter- the Charter of the City of Cleveland; from and after the earliest period prise to provide for a ten year sixty allowed by law. percent (60%) abatement for cer- and Passed November 11, 2002. tain real property improvements as Whereas, this Council is satisfied Effective November 19, 2002. an incentive to assist with the that there is good cause for vacat- build-out of the commercial/retail ing Concord Court S.W., hereinafter described and that it will not be space for a Family Dollar store in the Fries & Schuele Building locat- detrimental to the general interest and ought to be made; and Ord. No. 1929-02. ed at 1920-36 West 25th Street; the Whereas, this ordinance consti- By Council Members Cimperman, abatement shall be subject to annu- tutes an emergency measure provid- Gordon and Jackson (by depart- al review of the Tax Incentive ing for the usual daily operation of mental request). Review Council. a municipal department; now, there- An emergency ordinance autho- Section 3. That the terms of the fore, rizing the Director of Economic tax abatement shall be in accor- Be it ordained by the Council of Development to enter into an Enter- dance with the terms set forth in the City of Cleveland: prise Zone Agreement with New the Summary contained in File No. Section 1. That all that portion of Village Corporation to provide for 1929-02-A. The terms of the file a ten year sixty percent abatement the following described real prop- notwithstanding, the terms of the erty: situated in the City of Cleve- for certain real property improve- tax abatement shall not be amend- ments as an incentive to assist with land, County of Cuyahoga and State ed, nor shall the tax abatement be of Ohio, and being all that portion the build-out of the commer- assignable or transferrable to any cial/retail space for a Family Dol- of Concord Court S. W. (14 feet entity, without the prior legislative wide), extending from the Easterly lar store in the Fries & Schuele authorization by Cleveland City Building located at 1920-36 West line of West 50th Street (60.00 feet C o u n c i l . 25th Street. wide), Easterly, to the Westerly Section 4. That the Director of Whereas, pursuant to Ordinance line of West 49th Street (50.00 feet Economic Development is autho- No. 948-95, passed June 19, 1995, this wide), be and the same is hereby rized to charge and accept fees in Council designated an area which is v a c a t e d . an amount not to exceed the maxi- in the City of Cleveland and Section 2. That the Clerk of Coun- described in File No. 948-95-A, as the mum allowable under Chapter 5709 cil be and she is hereby directed to Cleveland Area Enterprise Zone of the Revised Code and the funds notify the Auditor of Cuyahoga (the “Zone”) pursuant to Chapter are appropriated for the purposes County of the vacation of all that 5709 of the Ohio Revised Code; and set forth in Chapter 5709 of the portion of Concord Court S.W., here- Whereas, in August, 1995, the Revised Code. The fees shall be in provided by sending him a copy Director of Development of the State deposited to and expended from of this Ordinance. of Ohio determined that the Zone Fund No. 17 SF 305, Loan Fees Section 3. That this ordinance is contains the characteristics set forth F u n d . hereby declared to be an emergency in Section 5709.61(A) of the Revised Section 5. That the Director of measure, and provided it receives Code and certified the area as an Law shall prepare and approve the the affirmative vote of two thirds of “Urban Jobs and Enterprise Zone” agreement and that the agreement all the members elected to Council, pursuant to Chapter 5709 of the shall contain the terms and provi- it shall take effect and be in force Revised Code; and sions as the director deems neces- immediately upon its passage and Whereas, New Village Corporation sary to protect the City’s interest. its approval by the Mayor; otherwise (the “Enterprise”) has proposed to Section 6. That this ordinance is it shall take effect and be in force build-out the commercial/retail declared to be an emergency mea- from and after the earliest period space for a Family Dollar store in sure and, provided it receives the allowed by law. the Fries & Schuele Building located affirmative vote of two-thirds of all Passed November 11, 2002. at 1920-36 West 25th Street; and the members elected to Council, it Effective November 19, 2002. 2490 November 20, 2002 The City Record 47

Ord. No. 2104-02. By Council Member Jackson (by departmental request). An emergency ordinance to make additional appropriations of Thirteen Million Three Hundred Eighty Thousand Nine Hundred Eighty Five Dollars ($13,380,985) of the Enterprise Funds and Twenty Six Million Nine Hundred Forty Five Thousand Dollars ($26,945,000) of the Debt Service Funds. Whereas, there remains an unappropriated balance in the various funds, the sum of Forty Million Three Hundred Twenty Five Thousand Nine Hundred Eighty Five Dollars ($40,325,985) 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 ordainedby the Council of the City of Cleveland: Section 1. That the unappropriated balances in the Enterprise Funds and the Debt Service Funds of the City are appropriated as follows, provided that the Director of Finance obtains an Amended Certificate of Estimated Resources that include the following amounts:

ENTERPRISE FUNDS $ 13,380,985 DEBT SERVICE FUNDS $ 26,945,000 TOTAL ALL FUNDS $ 40,325,985

ENTERPRISE FUNDS

DEPARTMENT OF PARKS, RECREATION AND PROPERTIES

Golf Courses Fund $ 550,000 I Personnel and Related Expenses $ 550,000 II Other Expenses $ –

Division of Parking Facilities-Off Street Parking $ 35,000 I Personnel and Related Expenses $ – II Other Expenses $ 35,000

TOTAL PARKS, RECREATION AND PROPERTIES $ 585,000 $ 585,000

DEPARTMENT OF PUBLIC UTILITIES

Utilities Administration $ 81,000 I Personnel and Related Expenses $ – II Other Expenses $ 81,000

Division of Water Pollution Control $ 2,379,188 I Personnel and Related Expenses $ – II Other Expenses $ 2,379,188

Division of Cleveland Public Power $ 10,335,797 I Personnel and Related Expenses $ 300,000 II Other Expenses $ 10,035,797

TOTAL DEPARTMENT OF PUBLIC UTILITIES $ 12,795,985 $ 12,795,985

TOTAL ENTERPRISE FUNDS $ 13,380,985 $ 13,380,985

DEBT SERVICE FUNDS

Sinking Fund Commission $ 26,945,000 I Personnel and Related Expenses $ – II Other Expenses $ – III Debt Service $ 26,945,000

TOTAL DEBT SERVICE FUNDS $ 26,945,000 $ 26,945,000

TOTAL ALL FUNDS $ 40,325,985 $ 40,325,985

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 11, 2002. Effective November 19, 2002. 2491 48 The City Record November 20, 2002

Ord. No. 2105-02. By Council Member Jackson (by departmental request). An emergency ordinance to make additional appropriations of Three Million Two Hundred Sixty Five Thousand Six Hundred Seventy One Dollars ($3,265,671) of the General Fund, One Million Eight Hundred Forty Six Thousand One Hundred Fifty One Dollars ($1,846,151) of the Internal Service Funds and Three Million Four Hundred Eighty Two Thousand Two Hundred Sixteen Dollars ($3,482,216) of the Special Revenue Funds. Whereas, there remains an unappropriated balance in the various funds, the sum of Eight Million Five Hun- dred Ninety Four Thousand Thirty Eight Dollars ($8,594,038) 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 the unappropriated balances in the General Fund, the Internal Service Fund and the Special Revenue Funds are appropriated as follows, provided that the Director of Finance obtains an Amended Certifi- cate of Estimated Resources that include the following amounts:

GENERAL FUND $ 3,265,671 INTERNAL SERVICE FUNDS $ 1,846,151 SPECIAL REVENUE FUNDS $ 3,482,216 TOTAL ALL FUNDS $ 8,594,038

GENERAL FUND

DEPARTMENT OF PUBLIC SAFETY

Division of Police $ 3,265,671 I Personnel and Related Expenses $ 3,265,671 II Other Expenses $ –

TOTAL DEPARTMENT OF PUBLIC SAFETY $ 3,265,671 $ 3,265,671

TOTAL GENERAL FUND $ 3,265,671 $ 3,265,671

INTERNAL SERVICE FUNDS

Information Systems Services-Telephone Exchange $ 1,231,151 I Personnel and Related Expenses $ – II Other Expenses $ 1,231,151

Division of Printing & Reproduction $ 615,000 I Personnel and Related Expenses $ – II Other Expenses $ 615,000

TOTAL INTERNAL SERVICE FUNDS $ 1,846,151 $ 1,846,151

SPECIAL REVENUE FUNDS

Cablevision Settlement Fund $ 506,609 I Personnel and Related Expenses $ – II Other Expenses $ 506,609

JDA Chagrin Highland Fund $ 276,774 I Personnel and Related Expenses $ – II Other Expenses $ 276,774

JDA CEP Highland Hills Shared Income Tax Fund $ 2,698,833 I Personnel and Related Expenses $ – II Other Expenses $ 2,698,833

TOTAL SPECIAL REVENUE FUNDS $ 3,482,216 $ 3,482,216

TOTAL ALL FUNDS $ 8,594,038 $ 8,594,038

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 11, 2002. Effective November 19, 2002. 2492 November 20, 2002 The City Record 49

Ord. No. 2106-02. By Council Member Jackson (by departmental request). An emergency ordinance to provide the transfer of the sum of Seven Million Six Hundred Thousand Nine Hundred Four Dollars ($7,600,904) within various divisions of the General Fund; Forty Five Thousand Dollars ($45,000) within the Special Revenue Fund, Thirty Five Thousand Dollars ($35,000) within the Enterprise Fund; and Five Thousand Dollars ($5,000) within the Debt Service 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: Section 1. That the sum of Seven Million Six Hundred Eighty Five Thousand Nine Hundred Four Dollars ($7,685,904) is transferred as follows:

FROM TO

GENERAL FUND

JUDICIAL BRANCH Judicial Division I Personnel and Related Expenses $ - $ 50,000 II Other Expenses $ - $ 22,638

Housing Division I Personnel and Related Expenses $ 210,000 $ - II Other Expenses $ 50,292 $ -

Clerks Division I Personnel and Related Expenses $ 290,000 $ - II Other Expenses $ - $ 109,561

TOTAL JUDICIAL BRANCH $ 550,292 $ 182,199

Office of the Mayor I Personnel and Related Expenses $ 200,000 $ -

DEPARTMENT OF PUBLIC SAFETY Public Safety Administration I Personnel and Related Expenses $ 75,000 $ - II Other Expenses $ - $ 68,383

Division of Police I Personnel and Related Expenses $ - $ 2,834,329 II Other Expenses $ 289,456 $ -

Division of Fire I Personnel and Related Expenses $ - $ 1,600,000 II Other Expenses $ 170,193 $ -

Emergency Medical Services I Personnel and Related Expenses $ - $ 1,760,000 II Other Expenses $ 230,164 $ -

Division of Dog Pound I Personnel and Related Expenses $ 40,000 $ - II Other Expenses $ - $ 9,774

TOTAL DEPARTMENT OF PUBLIC SAFETY $ 804,813 $ 6,272,486

Community Relations Board II Other Expenses $ 24,178 $ -

Department of Consumer Affairs I Personnel and Related Expenses $ 15,000 $ - II Other Expenses $ 22,000 $ -

DEPARTMENT OF PUBLIC SERVICE Public Service Administration I Personnel and Related Expenses $ - $ 15,000 II Other Expenses $ 10,000 $ - 2493 50 The City Record November 20, 2002

Division of Architecture I Personnel and Related Expenses $ 45,000 $ - II Other Expenses $ 17,000 $ -

Waste Collection and Disposal I Personnel and Related Expenses $ 60,000 $ - II Other Expenses $ - $ 161,443

Engineering and Construction I Personnel and Related Expenses $ 25,000 $ - II Other Expenses $ 60,000 $ -

Division of Traffic Engineering I Personnel and Related Expenses $ - $ 11,000 II Other Expenses $ - $ 89,259

TOTAL DEPARTMENT OF PUBLIC SERVICE $ 217,000 $ 276,702

DEPARTMENT OF PARKS, RECREATION & PROPERTIES Parks, Recreation and Properties Admin I Personnel and Related Expenses $ 40,000 $ - II Other Expenses $ 13,844 $ -

Research, Planning and Development I Personnel and Related Expenses $ 35,000 $ - II Other Expenses $ 20,000 $ -

Division of Recreation I Personnel and Related Expenses $ 480,000 $ - II Other Expenses $ 98,641

Parking Facilities - On Street I Personnel and Related Expenses $ - $ 45,000 II Other Expenses $ 3,227 $ -

Division of Property Management I Personnel and Related Expenses $ 10,000 $ - II Other Expenses $ 39,000 $ -

Park Maintenance and Properties I Personnel and Related Expenses $ - $ 300,000 II Other Expenses $ - $ 37,500

TOTAL DEPARTMENT OF PARKS, RECREATION & PROPERTIES $ 641,071 $ 481,141

DEPARTMENT OF COMMUNITY DEVELOPMENT Division of Building and Housing I Personnel and Related Expenses $ - $ 27,500 II Other Expenses $ 108,855 $ -

TOTAL COMMUNITY DEVELOPMENT $ 108,855 $ 27,500

Landmarks Commission II Other Expenses $ 5,699 $ -

Board of Building Standards & Appeals II Other Expenses $ - $ 2,257

Board of Zoning Appeals I Personnel and Related Expenses $ - $ 5,000 II Other Expenses $ - $ 3,619

Board of Examiners of Plumbers & Elect. I Personnel and Related Expenses $ 17,000 $ - II Other Expenses $ 1,243 $ -

Economic Development I Personnel and Related Expenses $ 250,000 $ - II Other Expenses $ 30,840 $ - 2494 November 20, 2002 The City Record 51

Office of Equal Opportunity I Personnel and Related Expenses $ 15,000 $ - II Other Expenses $ 10,000 $ -

City Planning Commission II Other Expenses $ 36,945 $ -

DEPARTMENT OF PUBLIC HEALTH Health Administration I Personnel and Related Expenses $ 130,000 $ - II Other Expenses $ 28,865 $ -

Division of Corrections I Personnel and Related Expenses $ - $ 265,000 II Other Expenses $ 131,706 $ -

Division of Health I Personnel and Related Expenses $ 120,000 $ - II Other Expenses $ 94,514 $ -

Division of the Environment I Personnel and Related Expenses $ 20,000 $ - II Other Expenses $ 113,249

TOTAL DEPARTMENT OF PUBLIC HEALTH $ 638,334 $ 265,000

Department of Aging I Personnel and Related Expenses $ 30,000 $ - II Other Expenses $ 20,000 $ -

DEPARTMENT OF FINANCE Finance Administration II Other Expenses $ 4,406 $ -

Division of Accounts I Personnel and Related Expenses $ 50,000 $ - II Other Expenses $ 50,000 $ -

Division of Assessments & Licenses I Personnel and Related Expenses $ 50,000 $ - II Other Expenses $ 75,531 $ -

Division of Treasury I Personnel and Related Expenses $ 20,000 $ - II Other Expenses $ 11,298 $ -

Division of Purchases and Supplies I Personnel and Related Expenses $ 50,000 $ - II Other Expenses $ 19,433 $ -

Bureau of Internal Audit I Personnel and Related Expenses $ 70,000 $ - II Other Expenses $ 50,000 $ -

Financial Reporting & Control I Personnel and Related Expenses $ 60,000 $ - II Other Expenses $ 100,000 $ -

TOTAL DEPARTMENT OF FINANCE $ 610,668 $ -

Office of Budget & Management I Personnel and Related Expenses $ 120,000 $ - II Other Expenses $ 15,000 $ -

Law I Personnel and Related Expenses $ 800,000 $ - II Other Expenses $ 600,000 $ -

Office of Personnel I Personnel and Related Expenses $ - $ 85,000 II Other Expenses $ 30,000 $ - 2495 52 The City Record November 20, 2002

Civil Service Commission I Personnel and Related Expenses $ 35,000 $ - II Other Expenses $ 120,000 $ -

Transfers to Other Funds Transfers to Other Funds II Other Expenses $ 1,631,966 $ -

TOTAL GENERAL FUND $ 7,600,904 $ 7,600,904

SPECIAL REVENUE FUND

Street Construction, Maintenance & Repair I Personnel and Related Expenses $ 45,000 $ - II Other Expenses $ - $ 45,000

TOTAL SPECIAL REVENUE FUNDS $ 45,000 $ 45,000 ENTERPRISE FUNDS

DEPARTMENT OF PARKS, RECREATION & PROPERTIES Division of Cemeteries I Personnel and Related Expenses $ 35,000 $ - II Other Expenses $ - $ 35,000

TOTAL DEPARTMENT OF PARKS, RECREATION & PROPERTIES $ 35,000 $ 35,000

TOTAL ENTERPRISE FUNDS $ 35,000 $ 35,000

DEBT SERVICE FUNDS

Sinking Fund Commission I Personnel and Related Expenses $ 5,000 II Other Expenses $ 5,000

TOTAL DEBT SERVICE FUNDS $ 5,000 $ 5,000

TOTAL ALL FUNDS $ 7,685,904 $ 7,685,904

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 11, 2002. Effective November 19, 2002.

Ord. No. 2172-02. the requirements for the period of Section 3. That the costs of the By Council Members Reed and one year of the necessary items of new contract and of the extensions Jackson (by departmental request). aviation insurance for not to exceed of the existing contract authorized An emergency ordinance authoriz- two police helicopters and their shall be paid from Fund No. 01- ing the purchase by one or more equipment, in the estimated sum of 600204-632000 and shall also be requirement contracts of aviation $170,000 to be purchased by the charged against the proper appro- insurance for not to exceed two Commissioner of Purchases and priation account and the Director of police helicopters and their equip- Supplies upon a unit basis for the Finance shall certify the amount of ment, for the Division of Police, Division of Police, Department of the initial purchase, which pur- Department of Public Safety, for a Public Safety. Bids shall be taken chase, together with all later pur- period not to exceed one year; and in such manner as to permit an chases, shall be made on order of authorizing a month-to-month inter- award to be made for all items as the Commissioner of Purchases and im extension of Contract No. 57236 a single contract, or by separate Supplies under a requisition against with Aon Risk Services, Inc. of Ohio, contract for each or any combina- the contract certified by the Direc- for a period not to exceed three tion of the items as the Board of tor of Finance. (RL 119538) months. Control determines. Alternate bids Section 4. That this ordinance is Whereas, this ordinance consti- for a period less than the specified tutes an emergency measure provid- term may be taken if desired by the declared to be an emergency mea- ing for the usual daily operation of Commissioner of Purchases and sure and, provided it receives the a municipal department; now, there- Supplies until provision is made for affirmative vote of two-thirds of all fore, the requirements for the entire the members elected to Council, it Be it ordained by the Council of t e r m . shall take effect and be in force the City of Cleveland: Section 2. That the Director of immediately upon its passage and Section 1. That the Director of Public Safety is authorized to approval by the Mayor; otherwise it Public Safety is authorized to make extend the term of Contract No. shall take effect and be in force one or more written requirement 57236 with Aon Risk Services, Inc. from and after the earliest period contracts in accordance with the of Ohio, on a month-to-month basis allowed by law. Charter and the Codified Ordi- for a period not to exceed three Passed November 11, 2002. nances of Cleveland, Ohio, 1976, for months, for helicopter insurance. Effective November 19, 2002. 2496 November 20, 2002 The City Record 53

Ord. No. 2189-02. Ord. No. 2190-02. to exceed $10,000 and shall be paid By Council Member Cimperman. By Council Member Conwell. from Fund No. 10 SF 166. An emergency ordinance consent- An emergency ordinance authoriz- Section 3. That the Director of ing and approving the issuance of a ing the Director of Community Law shall prepare and approve said permit for the Turkey Trot Race on Development to enter into a grant contract and that the contract shall November 28, 2002, sponsored by agreement with Goodwill Industries contain such terms and provisions Hermes Race System. of Greater Cleveland for the 1st as he deems necessary to protect the Whereas, this ordinance consti- Annual Disability Awareness Day in City’s interest. tutes an emergency measure provid- order to carry out the public purpose Section 4. That this ordinance is ing for the usual daily operation of of providing education to the resi- hereby declared to be an emergency a municipal department; now, there- dents of the City of Cleveland measure and, provided it receives fore, through the use of Ward 9 Neigh- the affirmative vote of two-thirds of Be it ordained by the Council of borhood Equity Funds. the City of Cleveland: all the members elected to Council, Whereas, this ordinance consti- Section 1. That pursuant to Sec- it shall take effect and be in force tion 411.06 of the Codified Ordi- tutes an emergency measure provid- immediately upon its passage and nances of Cleveland, Ohio 1976, this ing for the usual daily operation of approval by the Mayor; otherwise it Council consents to and approves a municipal department; now, there- shall take effect and be in force the holding of the Turkey Trot fore, from and after the earliest period Race, sponsored by Hermes Race Be it ordained by the Council of allowed by law. Systems, on November 28, 2002, the City of Cleveland: Passed November 11, 2002. beginning with 1 mile fun walk Section 1. That the Director of Effective November 19, 2002. starting inside Burke Lakefront Community Development is autho- Airport Driveway, exits the rized to enter into a grant agree- entrance driveway and proceeds ment with Goodwill Industries of eastbound on the North Marginal to Greater Cleveland for the 1st Annu- Ord. No. 2192-02. just before the curve and turns al Disability Awareness Day in By Council Member Jackson. around to go westbound on the order to carry out the public purpose North Marginal where it re-enters An emergency ordinance authoriz- of providing education to the resi- ing the Clerk of Council to enter where it came out. The 5K run dents of the City of Cleveland steps off from airport driveway and into credit arrangements for the through the use of Ward 9 Neigh- extension of credit as may be nec- leaves through the entrance drive borhood Equity Funds. proceeding westbound on the North essary to register members and/or Section 2. That the cost of said Marginal down Erieside around the staff of City Council for seminars, contract shall be in an amount not stadium, southbound on W. 3rd conferences, retreats, and other offi- Street to Lakeside, westbound on to exceed $13,499.85 and shall be cial City-business functions and to Lakeside down under the bridge to paid from Fund No. 10 SF 166. utilize such credit arrangements to W. 9th where it turns onto Front Section 3. That the Director of make travel arrangements and/or Street and goes to W. 10th, turning Law shall prepare and approve said lodging arrangements necessary for contract and that the contract shall southbound to St. Clair, runners members and staff of City Council contain such terms and provisions turn up the St. Clair hill and pro- to attend seminars, conferences, as he deems necessary to protect the ceed eastbound on St. Clair to W. retreats, and other official City-busi- 3rd St. to Lakeside, westbound on City’s interest. ness functions. Lakeside down under the bridge to Section 4. That this ordinance is Whereas, members of City Council W. 9th where it turns onto Front hereby declared to be an emergency and staff of City Council attend sem- Street and goes to W. 10th, turning measure and, provided it receives inars, conferences, and retreats with southbound to St. Clair, runners the affirmative vote of two-thirds of a focus on municipal government turn up the St. Clair hill and pro- all the members elected to Council, and/or government service; and ceed eastbound on St. Clair to W. it shall take effect and be in force Whereas, in order to attend such 3rd where they turn northbound immediately upon its passage and onto W. 3rd and go to Lakeside approval by the Mayor; otherwise it seminars, conferences, and retreats where they turn eastbound and go shall take effect and be in force it is often necessary to register by down Lakeside to E. 9th, runners from and after the earliest period paying a fee prior to attendance; turn northbound onto E. 9th, stay- allowed by law. and ing in the west curb land and go to Whereas, attendance at seminars, the exit ramp (curb lane-coned off) Passed November 11, 2002. Effective November 19, 2002. conferences, and retreats outside of and wrap around the Amtrak Sta- the Cleveland area may also require tion and then proceed eastbound on travel arrangements and lodging to the South Marginal. At E. 26th, arrangements; and they cross over the freeway and Whereas, in order to facilitate then proceed westbound onto the Ord. No. 2191-02. North Marginal where they finish By Council Member Gordon. payment of registration fees and to inside the Airport, provided that the An emergency ordinance authoriz- make travel and lodging arrange- applicant sponsor shall meet all the ing the Director of Community ments it is necessary to have cred- requirements of Section 411.05 of the Development to enter into an agree- it arrangements; and Codified Ordinances of Cleveland, ment with Senior Citizens Re- Whereas, this Council is requir- Ohio, 1976. Streets may be closed as sources, Inc. for Holiday Meals Pro- ing that the Clerk of Council be determined by the Chief of Police gram through the use of Ward 15 responsible for ensuring that reg- and safety forces as may be neces- Neighborhood Equity Funds. istration fees are paid in a timely sary in order to protect the partici- Whereas, this ordinance consti- manner and for making necessary pants in the event. Said permit shall tutes an emergency measure provid- travel and lodging arrangements; further provide that the City of ing for the usual daily operation of a n d Cleveland shall be fully indemnified a municipal department; now, there- Whereas, in order to facilitate the from any and all liability resulting fore, performance of the duties of the from the issuance of the same, to Clerk of Council, the Clerk of Coun- the extent and in form satisfactory Be it ordained by the Council of cil must make credit arrangements; to the Director of Law. the City of Cleveland: Section 2. That this ordinance is Section 1. That the Director of and hereby declared to be an emergency Community Development is autho- Whereas, this ordinance consti- measure and, provided it receives rized to enter into an agreement tutes an emergency measure provid- the affirmative vote of two-thirds of with Senior Citizens Resources, Inc. ing for the usual daily operation of all the members elected to Council, for the December 2001 and Decem- a municipal department; now, there- it shall take effect and be in force ber 2002 Holiday Meals Program for fore, immediately upon its passage and the public purpose of providing hot Be it ordained by the Council of approval by the Mayor; otherwise it meals to senior citizens that reside the City of Cleveland: shall take effect and be in force in the City of Cleveland through the Section 1. That the Clerk of Coun- from and after the earliest period use of Ward 15 Neighborhood Equi- cil is hereby authorized to enter into allowed by law. ty Funds. credit arrangements as may be nec- Passed November 11, 2002. Section 2. That the cost of said essary to register members and/or Effective November 19, 2002. contract shall be in an amount not staff of City Council for seminars, 2497 54 The City Record November 20, 2002 conferences, retreats and other offi- measure and, provided it receives ing for the usual daily operation of cial City-business functions and to the affirmative vote of two-thirds of a municipal department; now, there- utilize such credit arrangements to all the members elected to Council, fore, make travel arrangements and lodg- it shall take effect and be in force Be it ordained by the Council of ing arrangements necessary for immediately upon its passage and the City of Cleveland: members and/or staff of City Coun- approval by the Mayor; otherwise it Section 1. That the Director of cil to attend seminars, conferences, shall take effect and be in force Community Development is autho- retreats, and other official City-busi- from and after the earliest period rized to enter into contracts with ness functions. allowed by law. various individuals and/or families Section 2. That this authorization Passed November 11, 2002. for second mortgage assistance in to enter into credit arrangements Effective November 19, 2002. the financing of housing being shall begin in calendar year 2002 acquired in Ward 2 for the public and shall continue until such time purpose of providing housing for as it may be revoked by this Coun- Cleveland residents through the use cil. Ord. No. 2194-02. of Ward 2 Neighborhood Equity Section 3. That the debt incurred By Council Member Rybka. Funds. as a result of the credit arrange- An emergency ordinance authoriz- Section 2. That the cost of said ments authorized by this ordinance ing the Director of Community contract shall be in an amount not shall be paid from Fund No. 01 SF Development to enter into a grant to exceed $50,000 and shall be paid 001 and/or from the fund or funds agreement with Boys and Girls from Fund No. 10 SF 166. which are appropriated for the pay- Clubs of Greater Cleveland for their Section 3. That the Director of ment of registration, travel ar- Broadway Youth Program in order Law shall prepare and approve said rangements and/or lodging ar- to carry out the public purpose of contract and that the contract shall rangements for attendance at sem- providing educational and recre- contain such terms and provisions, inars, conferences, retreats, and/or ational programming to the youth of as he deems necessary to protect the other official City-business func- the City of Cleveland through the City’s interest. t i o n s . use of Ward 12 Neighborhood Equi- Section 4. That this ordinance is Section 4. That no charges in- ty Funds. hereby declared to be an emergency curred as a result of the credit Whereas, this ordinance consti- measure and, provided it receives arrangements authorized by this tutes an emergency measure provid- the affirmative vote of two-thirds of ordinance shall exceed the funds ing for the usual daily operation of all the members elected to Council, appropriated and available for this a municipal department; now, there- it shall take effect and be in force purpose on the date of the charge. fore, immediately upon its passage and Section 5. That this ordinance is Be it ordained by the Council of approval by the Mayor; otherwise it hereby declared to be an emergency the City of Cleveland: shall take effect and be in force measure and, provided it receives Section 1. That the Director of from and after the earliest period the affirmative vote of two-thirds of Community Development is autho- allowed by law. all the members elected to Council, rized to enter into a grant agree- Passed November 11, 2002. it shall take effect and be in force ment with Boys and Girls Clubs of Effective November 19, 2002. immediately upon its passage and Greater Cleveland for their Broad- approval by the Mayor; otherwise it way Youth Program in order to shall take effect and be in force carry out the public purpose of pro- from and after the earliest period viding educational and recreational COUNCIL COMMITTEE allowed by law. programming to the youth of the MEETINGS City of Cleveland through the use of Passed November 11, 2002. Ward 12 Neighborhood Equity Effective November 19, 2002. Funds. Monday, November 18, 2002 Section 2. That the cost of said 9:30 A.M. contract shall be in an amount not to exceed $50,000 and shall be paid Ord. No. 2193-02. Health and Human Services Com- from Fund No. 10 SF 166. By Council Member Jackson. mittee: Present: Britt, Chair; Zone, Section 3. That the Director of An emergency ordinance authoriz- Gordon, Conwell. Excused Absence: Law shall prepare and approve said ing the Clerk of Council to enter Scott, Polensek, Cintron. contract and that the contract shall into subscription, license and any contain such terms and provisions 11:00 A.M. other agreements necessary to as he deems-necessary to protect the obtain online access to computer City’s interest. Public Service Committee: Present: assisted legal and other research Section 4. That this ordinance is databases, materials and services hereby declared to be an emergency Sweeney, Chair; Jones, Vice Chair; required for the work of Cleveland measure and, provided it receives Polensek, White, Zone, Cimperman, City Council. the affirmative vote of two-thirds of Brady. Excused Absence: O’Malley, Whereas, this ordinance consti- all the members elected to Council, Johnson. tutes an emergency measure provid- it shall take effect and be in force ing for the usual daily operation of immediately upon its passage and 2:00 P.M. a municipal department; now, there- approval by the Mayor; otherwise it fore, shall take effect and be in force Finance Committee: P r e s e n t : Be it ordained by the Council of from and after the earliest period Jackson, Chair; Sweeney, Vice the City of Cleveland: allowed by law. Chair; Westbrook, Gordon, Reed, Section 1. That the Clerk of Coun- Passed November 11, 2002. White, O’Malley, Coats, Britt, cil is hereby authorized to enter Effective November 19, 2002. Brady, Scott. into subscription, license and any other agreements necessary to Tuesday, November 19, 2002 obtain online access to computer 9:30 A.M. assisted legal and other research Ord. No. 2195-02. databases, materials and services By Council Member White. Community and Economic Devel- required for the work of Cleveland An emergency ordinance authoriz- opment Committee: Present: Gordon, City Council. ing the Director of Community Chair; Cimperman, Vice Chair; Reed, Section 2. That the term of any Development to enter into contracts Cintron, Zone, Lewis, Jones, Coats. such agreement shall not exceed with various individuals and/or Excused Absence: Scott. three years and shall be paid from families for second mortgage assis- Fund No. 01 SF 001 and/or from the tance in the financing of housing 1:30 P.M. fund or funds which are appropriat- being acquired in Ward 2, through ed for the payment of such agree- the use of Ward 2 Neighborhood Legislation Committee: Pr e s e n t : ments. Equity Funds. White, Chair; Scott, Vice Chair; Section 3. That this ordinance is Whereas, this ordinance consti- Dolan, Westbrook. Excused Absence: hereby declared to be an emergency tutes an emergency measure provid- Gordon, Johnson, Rybka. 2498 November 20, 2002 The City Record 55 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

Appreciation

Banks, Rev. Dr. Leroy, Sr. (R 2303-02)...... 2448

Appropriations

Appropriations - Budget — 2003 (O 2222-02) ...... 2448 Enterprise Funds ($13,380,985) — Debt Service Funds ($26,945,000) (O 2104-02)...... 2491 Euclid/Prospect II Community Development Plan — acquisition, clearance and redevelopment — Treatment Area Block 3, Site B (R 2255-02) ...... 2467 General Fund ($3,265,671) — Internal Service Funds ($1,846,151) — Special Revenue Funds ($3,482,216) (O 2105-02) ...... 2492 Lakeshore Blvd., 16300 — intention to appropriate (R 2254-02) ...... 2467 Maplewood Park — 17810 Midvale Avenue — appropriate property (R 2186-02) ...... 2485

Banners

New Traffic Signal Dedication Ceremony — Sabra Pierce Scott (O 2264-02) ...... 2472 University Circle Incorporated — Holiday CircleFest (O 2257-02) ...... 2470

Benefits

Health and life insurance benefits — City employees of military leave — amend Ord. No. 2035-01 (O 2260-02) ...... 2471

Board of Control - Burke Lakefront Airport Division

Ohio Motorist Association (OMA) - concession agreement for 2003 Travel Expo - Jan. 18-19, 2003 - Dept. of Port Control (BOC Res. 743-02)...... 2480

Board of Control - Cleveland Hopkins International Airport Division

Master Plan planning services for Cleveland Hopkins International Airport - second amend Contract #53294 - BOC Res. 79-01 - Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 745-02) ...... 2481 Sprinkler system and Councourse A lighting upgrade - amend BOC Res. 494-02 - Dept. of Port Control (BOC Res. 744-02) ...... 2480

Board of Control - Cleveland Public Power Division

Energy Adjustment Charge - rates, rules and regulations of Division of Cleveland Public Power - rescind BOC Res. 644-02 - Dept. of Public Utilities (BOC Res. 755-02)...... 2482 High voltage cable - contract per C.O. Sec. 129.26 to Consolidated Electrical Distributors, Inc., d.b.a, Leader Electric Supply - Dept. of Public Utilities (BOC Res. 739-02) ...... 2479 High voltage cable - contract per C.O. Sec. 129.26 to Electric Laboratories and Sales Corp. - Dept. of Public Utilities (BOC Res. 738-02) ...... 2479 High voltage cable - contract per C.O. Sec. 129.26 to Professional Electric Products Company - Dept. of Public Utilities (BOC Res. 740-02) ...... 2480 High voltage cable - contract per C.O. Sec. 129.26 to Wesco Distribution, Inc. - Dept. of Public Utilities (BOC Res. 742-02)...... 2480 Insurance, fire and extended coverage - contract per Ord. 1078-02 to Marsh USA, Inc. - Dept. of Public Utilities (BOC Res. 741-02) ...... 2480

Board of Control - Community Development Department

Kinsman Road (Ward 3) - PPN 130-04-028/030/031 - to Mt. Pleasant Now Development Corporation per Ord. 2116-02 (BOC Res. 752-02) ...... 2482 Mt. Pleasant Now Development Corporation - various parcels on scattered sites (Ward 3) per Ord. 2117-02 (BOC Res. 751-02) ...... 2482 2499 56 The City Record November 20, 2002

Board of Control - Concession Agreement

Ohio Motorist Association (OMA) - concession agreement for 2003 Travel Expo - Jan. 18-19, 2003 - Division of Burke Lakefront Airport, Dept. of Port Control (BOC Res. 743-02) ...... 2480

Board of Control - Finance Department

Building materials - contract per Ord. 745-01 to Bruder, Inc. (BOC Res. 735-02) ...... 2479 Building materials - contract per Ord. 745-01 to Cleveland Central Enterprises, Inc. (BOC Res. 737-02) ...... 2479 Building materials - contract per Ord. 745-01 to Granger Trucking, Inc. (BOC Res. 736-02) ...... 2479 Comprehensive Annual Financial Report, FY 2002 - contract per Ord. 1572-02 to Deloitte & Touche LLP - Division of Financial Reporting and Control (BOC Res. 754-02) ...... 2482 Paper products - contract per Ord. 1062-02 to Emerald Supply, Inc. (BOC Res. 733-02) ...... 2478 Paper products - contract per Ord. 1062-02 to Hough Supply & Specialty Co. (BOC Res. 734-02)...... 2479 Wire, standard - contract per Ord. 1070-02 to Southern Electric Supply, d.b.a., Rexel (Duellman Electric Supply) (BOC Res. 732-02)...... 2478

Board of Control - Financial Reporting and Control Division

Comprehensive Annual Financial Report, FY 2002 - contract per Ord. 1572-02 to Deloitte & Touche LLP - Dept. of Finance (BOC Res. 754-02) ...... 2482

Board of Control - Fire Division

Clothing, turnout - amend BOC Res. 404-02 - Dept. of Public Safety (BOC Res. 748-02) ...... 2481 Clothing, turnout - amend BOC Res. 405-02 - Dept. of Public Safety (BOC Res. 749-02) ...... 2481

Board of Control - Harvard Yards Service Center

Harvard Yards Service Facility building improvements - contract per Ord. 833-02 to Willie Wilson, P.E., d.b.a., Dynatech Consulting Engineers - Dept. of Public Service (BOC Res. 747-02) ...... 2481

Board of Control - Housing Advisory Board

Halton, Stanley - 863 Thornhill Drive - mortgage loan / grant assistance - amend BOC Res. 674-02 (BOC Res. 753-02) ...... 2482

Board of Control - Land Reutilization Program

Kinsman Road (Ward 3) - PPN 130-04-028/030/031 - to Mt. Pleasant Now Development Corporation per Ord. 2116-02 (BOC Res. 752-02) ...... 2482 Mt. Pleasant Now Development Corporation - various parcels on scattered sites (Ward 3) per Ord. 2117-02 (BOC Res. 751-02) ...... 2482

Board of Control - Land Reutilization Program (Ward 3)

Kinsman Road (Ward 3) - PPN 130-04-028/030/031 - to Mt. Pleasant Now Development Corporation per Ord. 2116-02 (BOC Res. 752-02) ...... 2482 Mt. Pleasant Now Development Corporation - various parcels on scattered sites (Ward 3) per Ord. 2117-02 (BOC Res. 751-02) ...... 2482

Board of Control - Parks, Recreation and Properties Department

Electric motors and pumps - rescind BOC Res. 667-02 - reject all bids - Division of Property Management (BOC Res. 750-02) ...... 2481

Board of Control - Port Control Department

Master Plan planning services for Cleveland Hopkins International Airport - second amend Contract #53294 - BOC Res. 79-01 - Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 745-02) ...... 2481 Ohio Motorist Association (OMA) - concession agreement for 2003 Travel Expo - Jan. 18-19, 2003 - Division of Burke Lakefront Airport (BOC Res. 743-02)...... 2480 Sprinkler system and Councourse A lighting upgrade - amend BOC Res. 494-02 - Division of Cleveland Hopkins International Airport (BOC Res. 744-02)...... 2480 2500 November 20, 2002 The City Record 57

Board of Control - Professional Service Contracts

Comprehensive Annual Financial Report, FY 2002 - contract per Ord. 1572-02 to Deloitte & Touche LLP - Division of Financial Reporting and Control, Dept. of Finance (BOC Res. 754-02) ...... 2482 Harvard Yards Service Facility building improvements - contract per Ord. 833-02 to Willie Wilson, P.E., d.b.a., Dynatech Consulting Engineers - Dept. of Public Service (BOC Res. 747-02) ...... 2481 Master Plan planning services for Cleveland Hopkins International Airport - second amend Contract #53294 - BOC Res. 79-01 - Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 745-02) ...... 2481

Board of Control - Property Management Division

Electric motors and pumps - rescind BOC Res. 667-02 - reject all bids - Dept. of Parks, Recreation and Properties (BOC Res. 750-02) ...... 2481

Board of Control - Public Improvement Contracts

Council office renovations - approve subcontractors - BOC Res. 720-02 - Dept. of Public Service (BOC Res. 746-02) ...... 2481 Sprinkler system and Councourse A lighting upgrade - amend BOC Res. 494-02 - Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 744-02) ...... 2480

Board of Control - Public Safety Department

Clothing, turnout - amend BOC Res. 404-02 - Division of Fire (BOC Res. 748-02)...... 2481 Clothing, turnout - amend BOC Res. 405-02 - Division of Fire (BOC Res. 749-02)...... 2481

Board of Control - Public Service Department

Council office renovations - approve subcontractors - BOC Res. 720-02 (BOC Res. 746-02) ...... 2481 Harvard Yards Service Facility building improvements - contract per Ord. 833-02 to Willie Wilson, P.E., d.b.a., Dynatech Consulting Engineers (BOC Res. 747-02) ...... 2481

Board of Control - Public Utilities Department

Energy Adjustment Charge - rates, rules and regulations of Division of Cleveland Public Power - rescind BOC Res. 644-02 - Division of Cleveland Public Power (BOC Res. 755-02) ...... 2482 High voltage cable - contract per C.O. Sec. 129.26 to Consolidated Electrical Distributors, Inc., d.b.a, Leader Electric Supply - Division of Cleveland Public Power (BOC Res. 739-02) ...... 2479 High voltage cable - contract per C.O. Sec. 129.26 to Electric Laboratories and Sales Corp. - Division of Cleveland Public Power (BOC Res. 738-02) ...... 2479 High voltage cable - contract per C.O. Sec. 129.26 to Professional Electric Products Company - Division of Cleveland Public Power (BOC Res. 740-02)...... 2480 High voltage cable - contract per C.O. Sec. 129.26 to Wesco Distribution, Inc. - Division of Cleveland Public Power (BOC Res. 742-02)...... 2480 Insurance, fire and extended coverage - contract per Ord. 1078-02 to Marsh USA, Inc. - Division of Cleveland Public Power (BOC Res. 741-02) ...... 2480

Board of Control - Requirement Contracts

Building materials - contract per Ord. 745-01 to Bruder, Inc. - Dept. of Finance (BOC Res. 735-02) ...... 2479 Building materials - contract per Ord. 745-01 to Cleveland Central Enterprises, Inc. - Dept. of Finance (BOC Res. 737-02)...... 2479 Building materials - contract per Ord. 745-01 to Granger Trucking, Inc. - Dept. of Finance (BOC Res. 736-02) ...... 2479 Clothing, turnout - amend BOC Res. 404-02 - Division of Fire, Dept. of Public Safety (BOC Res. 748-02) ...... 2481 Clothing, turnout - amend BOC Res. 405-02 - Division of Fire, Dept. of Public Safety (BOC Res. 749-02) ...... 2481 Electric motors and pumps - rescind BOC Res. 667-02 - reject all bids - Division of Property Management, Dept. of Parks, Recreation and Properties (BOC Res. 750-02) ...... 2481 2501 58 The City Record November 20, 2002

High voltage cable - contract per C.O. Sec. 129.26 to Consolidated Electrical Distributors, Inc., d.b.a, Leader Electric Supply - Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 739-02) ...... 2479 High voltage cable - contract per C.O. Sec. 129.26 to Electric Laboratories and Sales Corp. - Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 738-02) ...... 2479 High voltage cable - contract per C.O. Sec. 129.26 to Professional Electric Products Company - Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 740-02) ...... 2480 High voltage cable - contract per C.O. Sec. 129.26 to Wesco Distribution, Inc. - Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 742-02) ...... 2480 Paper products - contract per Ord. 1062-02 to Emerald Supply, Inc. - Dept. of Finance (BOC Res. 733-02) ...... 2478 Paper products - contract per Ord. 1062-02 to Hough Supply & Specialty Co. - Dept. of Finance (BOC Res. 734-02) ...... 2479 Wire, standard - contract per Ord. 1070-02 to Southern Electric Supply, d.b.a., Rexel (Duellman Electric Supply) - Dept. of Finance (BOC Res. 732-02) ...... 2478

Board of Control - Standard Purchase Contracts

Insurance, fire and extended coverage - contract per Ord. 1078-02 to Marsh USA, Inc. - Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 741-02) ...... 2480

Board of Zoning Appeals - Report

Chatham Avenue, 2712, (Ward 14) – R. Scott Neiswander, owner - appeal postponed to 12/9/02 on 11/18/02 (Cal. 02-195) ...... 2484 Columbine Avenue, 15040, (Ward 21) – Sandra Sanders, owner - appeal heard on 11/18/02 (Cal. 02-314) ...... 2484 Detroit Avenue, 10931, (Ward 19) – Horizon Developers, prospective purchaser c/o Bill Hahn, agent - appeal heard on 11/18/02 (Cal. 02-273) ...... 2483 East 116th Street, 1472-74, (Ward 9) – Janice L. Blackburn, owner - appeal heard on 11/18/02 (Cal. 02-315) ...... 2484 East 185th Street, 777, (Ward 11) – John Fuduric, owner c/o Fred O’Dell, tenant - appeal heard on 11/18/02 (Cal. 02-311) ...... 2483 East 93rd Street, 1891-1905, (Ward 7) – Kinder Care Learning Centers, owners c/o Emos Curtis, agent - appeal postponed to 12/2/02 on 11/18/02 (Cal. 02-312)...... 2484 East 93rd Street, 3111, (Ward 4) – Jamal Hanini, owner, and Nanja Sundram, agent - appeal postponed to 12/9/02 on 11/18/02 (Cal. 02-285) ...... 2484 Kinsman Avenue, 9700, (Ward 5) – Freedom Foundation Inc., owner c/o Maxey C. Clarke - appeal heard on 11/18/02 (Cal. 02-310) ...... 2483 Lawn Avenue, 6311, (Ward 17) – St. Colman Church and Diocese of Cleveland, owners c/o Maryellen Staab - appeal granted and adopted on 11/18/02 (Cal. 02-304) ...... 2484 Lorain Avenue, 10318-20, (Ward 19) – Joseph Maloney, owner - appeal withdrawn 11/18/02 (Cal. 02-160) ...... 2484 Lorain Avenue, 12222, (Ward 19) – Donald Folmer, owner - motion for reconsideration granted on 11/18/02 (Cal. 02-223) ...... 2484 Memphis Avenue, 4020, (Ward 15) – Robert Beal, owner - appeal heard on 11/18/02 (Cal. 02-313) ...... 2483 Muriel Avenue, 3801, (Ward 15) – Brian Aldons, owner - appeal heard on 11/18/02 (Cal. 02-305) ...... 2483 Orville Avenue, 11307, (Ward 9) – Eloise Miller, owner - appeal granted and adopted on 11/18/02 (Cal. 02-301) ...... 2484 Union Avenue, 10601, (Ward 3) – Thomas Blakely, owner c/o Vera Blakely, tenant - appeal heard on 11/18/02 (Cal. 02-316) ...... 2483 West 158th Street, 4486, (Ward 20) – George Karadimas, owner - appeal heard on 11/18/02 (Cal. 02-263) ...... 2483 West 28th Street, 2097, (Ward 14) – R. Scott Neiswander, owner - appeal postponed to 12/9/02 on 11/18/02 (Cal. 02-194) ...... 2484 West 45th Street, 1845, (Ward 13) – Ryan McKenzie, owner - appeal granted and adopted on 11/18/02 (Cal. 02-215) ...... 2484 West 65th Street, 2059, (Ward 17) – St. Colman Church and Diocese of Cleveland, owners c/o Maryellen Staab - appeal granted and adopted on 11/18/02 (Cal. 02-303) ...... 2484

Board of Zoning Appeals - Schedule

Brighton Avenue, 12706, (Ward 19) – Clement Andera, owner - appeal to be heard on 12/2/02 (Cal. 02-332) ...... 2483 East 127th Street, 2617, (Ward 6) – Melinda Steele, owner - appeal to be heard on 12/2/02 (Cal. 02-325) ...... 2483 2502 November 20, 2002 The City Record 59

East 156th Street, 317, (Ward 11) – Northeast Shores Development Corporation, owners c/o Kurt Weaver, agent - appeal to be heard on 12/2/02 (Cal. 02-330)...... 2483 Kingsford Avenue, 14909, (Ward 1) – Stephane Lowe, owner - appeal to be heard on 12/2/02 (Cal. 02-326) ...... 2483 Rocky River Drive, 4347-63, (Ward 21) – Stelie Pellegrino, owner, and David Allen, agent - appeal to be heard on 12/2/02 (Cal. 02-328) ...... 2483 Superior Avenue, 8118, (Ward 7) – The Edward T. Haggins Trust, owner, and Isaac and Ninra Haggins, tenants - appeal to be heard on 12/2/02 (Cal. 02-331) ...... 2483 Sylvia Avenue, 14930, (Ward 10) – Kenneth Riley, owner - appeal to be heard on 12/2/02 (Cal. 02-327) ...... 2483 West 105th Street, 3190, (Ward 19) – Emir Abeid, owner - appeal to be heard on 12/2/02 (Cal. 02-335) ...... 2483 West Boulevard, 3686, (Ward 18) – William and Shirley Wenzel, owners - appeal to be heard on 12/2/02 (Cal. 02-329) ...... 2483

Boys and Girls Clubs of Greater Cleveland

Broadway Youth Program — grant agreement — Ward 12 Neighborhood Equity Funds (O 2194-02)...... 2498

Budget

Appropriations — 2003 (O 2222-02)...... 2448

Budget Commission

Tax amounts and rate — determined — Budget Commission — tax levies — County Auditor (R 2185-02) ...... 2478

City of Cleveland Bids

Chrysler parts and labor - Department of Public Service - Division of Motor Vehicle Maintenance - per Ord. 990-02 - bid due December 5, 2002(advertised 11/20/2002 and 11/27/2002) ...... 2485 Drill, Paper, high capacity - Department of Finance - Division of Printing and Reproduction - per Ord. 1712-02 - bid due December 4, 2002(advertised 11/13/2002 and 11/20/2002) ...... 2485 Fire boat rehabilitation - Department of Public Service - Division of Motor Vehicle Maintenance - per Ord. 1262-02 - bid due November 27, 2002(advertised 11/13/2002 and 11/20/2002) ...... 2484 Handling equipment, labor and materials to maintain - Department of Public Utilities - per Ord. 2102-2000 - bid due December 13, 2002(advertised 11/20/2002 and 11/27/2002)...... 2485 Harvard Yard Service Facility roof replacement and renovations (Phase II) - Department of Public Service - Division of Architecture - bid due December 12, 2002 (advertised 11/20/2002 and 11/27/2002) ...... 2485 House of Corrections roof replacement - Department of Public Service - Division of Architecture - bid due December 12, 2002(advertised 11/20/2002 and 11/27/2002) ...... 2485 Insulators, bushings and lighting arrestors, clean and test - Department of Public Utilities - Division of Cleveland Public Power - per Ord. 1075-02 - bid due November 27, 2002(advertised 11/13/2002 and 11/20/2002) ...... 2484 Landscaping, exterior site labor and materials - Department of Port Control - per Ord. 126-02 - bid due December 13, 2002(advertised 11/20/2002 and 11/27/2002) ...... 2485 Lecterns - Department of Parks, Recreation and Properties - per Ord. 1205-02 - bid due December 5, 2002(advertised 11/20/2002 and 11/27/2002)...... 2485 Noise walls and landscaping at various CSX sites - Department of Public Service - Division of Engineering and Construction - per Ord. 1398-2000 - bid due December 12, 2002(advertised 11/13/2002 and 11/20/2002) ...... 2485 Office paper recycling program - Department of Public Service - Division of Waste Collection and Disposal - per C.O. Sec. 181.18 - bid due December 13, 2002 (advertised 11/20/2002 and 11/27/2002) ...... 2485 Press, Envelope, high speed - Department of Finance - Division of Printing and Reproduction - per Ord. 1715-02 - bid due December 4, 2002(advertised 11/13/2002 and 11/20/2002) ...... 2484 Printer / Scanner system, large format - Department of Finance - Division of Printing and Reproduction - per Ord. 1711-02 - bid due December 4, 2002(advertised 11/13/2002 and 11/20/2002) ...... 2484 Residential Sound Insulation Program (RSIP), Phase II, Group G-02 - Department of Port Control - Division of Cleveland Hopkins International Airport - per Ord. 930-95, 469-98 and 327-2000 - bid due December 11, 2002(advertised 11/13/2002 and 11/20/2002) ...... 2485 2503 60 The City Record November 20, 2002

City Council

City Architecture — design — City Council offices — amend Ord. No. 1391-02 (O 2258-02)...... 2470 City-business functions — extension of credit — register, travel and/or lodging arrangements — members and/or staff of City Council (O 2192-02) ...... 2497 Compensation — amend Sec. 4 of Ord. No. 469-02 (O 2259-02)...... 2471 Computer assisted legal and other research databases — subscription & license (O 2193-02)...... 2498

City Planning Commission

John Edwards House — designating — Cleveland Landmark (O 1728-02) ...... 2487 Lee Rd. — from Preibe Ave. to McCracken Rd — change the zoning (O 2253-02) ...... 2467 W. 20th St., W. & Abbey Ave., N. — change the zoning (O 1730-02) ...... 2484

Clerk of Council

City Architecture — design — City Council offices — amend Ord. No. 1391-02 (O 2258-02)...... 2470 City-business functions — extension of credit — register, travel and/or lodging arrangements — members and/or staff of City Council (O 2192-02) ...... 2497 Compensation — amend Sec. 4 of Ord. No. 469-02 (O 2259-02)...... 2471 Computer assisted legal and other research databases — subscription & license (O 2193-02)...... 2498

Cleveland Industrial Park

Gateway Electric, Inc. — economic development assistance — facility at Block H, Parcel B (O 2251-02) ...... 2466

Cleveland Municipal School District

Social service programs — amend Ord. 1119-02 (O 2030-02) ...... 2476

Cleveland Public Power

Expansion Program — marketing and advertising services (O 2226-02) ...... 2457

Codified Ordinances

James H. Walker Construction Management Training Course — enact Sec. 187.16 — Director of the Office of Equal Opportunity (O 1850-02)...... 2488 Licensed medical professionals — employment — amend Sec. 141.39 (O 2241-02)...... 2461 Soliciting, riding in cargo storage area, on tailgate or on outside of vehicle (Highway) — amend Section 471.06 (Ord. 1217-02) (O 1534-02)...... 2486

Communications

A.W. Farrell & Son, Inc. — Living Wage Coordinator — Fair Employment Law (F 2274-02)...... 2447 Action Automatics, Inc. — Living Wage Coordinator — Fair Employment Wage Law (F 2275-02) ...... 2447 Annual Report, 2001 — 24:7 water around the clock — Division of Water (F 2280-02) ...... 2447 City Auto Frame — Living Wage Coordinator — Fair Employment Wage Law (F 2276-02) ...... 2447 Hal Jones Construction — Living Wage Coordinator — Fair Employment Wage Law (F 2277-02) ...... 2447 KONE, Inc. — Living Wage Coordinator — Fair Employment Wage Law (F 2278-02) ...... 2447 Warren Roofing — Living Wage Coordinator — Fair Employment Wage Law (F 2279-02) ...... 2447

Community Development

Boys and Girls Clubs of Greater Cleveland — grant agreement — Broadway Youth Program — Ward 12 Neighborhood Equity Funds (O 2194-02)...... 2498 E. 117th St. — Land Reutilization Program — Shorebank Cleveland (O 2245-02) ...... 2463 Euclid/Prospect II Community Development Plan — acquisition, clearance and redevelopment — Treatment Area Block 3, Site B (R 2255-02) ...... 2467 Goodwill Industries of Greater Cleveland — grant agreement — 1st Annual Disability Awareness Day — Ward 9 Neighborhood Equity Funds (O 2190-02) ...... 2497 2504 November 20, 2002 The City Record 61

Homeless assistance activities — non-profit agencies — Cleveland/Cuyahoga County Office of Homeless Services (O 1541-02)...... 2476 Lakeshore Blvd., 16300 — acquire property — park and recreational purposes (O 2243-02)...... 2462 Marvin Ave. — Land Reutilization Program — Civic Builders, LLC. (O 2244-02) ...... 2462 Northeast Neighborhood Development Corporation — Sim’s Raiders Youth Football Program — amend Ord. No. 2170-01 — Ward 6, 8, 9, 10, and 11 Neighborhood Equity Funds (O 2256-02)...... 2470 Second mortgage assistance — house financing — Ward 2 Neighborhood Equity Funds (O 2195-02)...... 2498 Senior Citizens Resources, Inc — agreement — Holiday Meals Program — Ward 15 Neighborhood Equity Funds (O 2191-02) ...... 2497 Social service programs — amend Ord. 1119-02 (O 2030-02) ...... 2476 West Technical High School — redevelopment — grants — Gund Foundations — loan agreements — WTech, LP (O 2224-02) ...... 2469

Community Development Block Grant Program

CDBG funds and HOME funds — reaffirming importance (R 2272-02) ...... 2475

Condolences

Davis, Dr. Pauline S (R 2294-02) ...... 2448 Maxwell, Josephine Chambers (R 2292-02) ...... 2448 Sheboy, Michael Louis (R 2290-02)...... 2448 Thomas, Reola Norfleet (R 2293-02) ...... 2448 Wilson, Robert (R 2295-02)...... 2448 Wright, Eugene (R 2291-02)...... 2448

Congratulations

First Lego League Tournaments (R 2297-02) ...... 2448 Malicki, Linda (R 2298-02) ...... 2448 Sweeney, Judge James D. (R 2296-02) ...... 2448

Congress of United States

National Housing Trust Fund Act of 2001 — endorsement — encourage support — Preservation Matching Grant Program (R 2261-02) ...... 2472

Contracts

3500 Group, Ltd. — amendment to Contract No. 58227 — Economic Development (O 1892-02)...... 2489 800 MHz radio system — software — Contract No. 52204 — amendment — Motorola, Inc. (O 2062-02)...... 2476 Financial audit — Department of Finance — Ohio Auditor of State (O 2153-02)...... 2478 Melbourne Avenue Sewer — alterations in Contract No. 58890 — Fabrizi Trucking & Paving Co. (O 2108-02) ...... 2478 Trans World Airlines, LLC — Contract No. 28672 — amendment (O 2227-02) ...... 2457 West Park/Lydian Avenue Sewer — alterations in Contract No. 58271 — DiGioia-Suburban Excavating LLC. (O 2109-02)...... 2478

County Auditor

Tax amounts and rate — determined — Budget Commission — tax levies — County Auditor (R 2185-02) ...... 2478

Cudell Improvement

Madison Ave., 10505 — economic development assistance (O 2252-02) ...... 2466

Cuyahoga County

Cuyahoga County Public Health Collaborative program — grant funds — Cuyahoga County Board of Health (O 2238-02) ...... 2460 Homeless assistance activities — non-profit agencies — Cleveland/Cuyahoga County Office of Homeless Services (O 1541-02)...... 2476 2505 62 The City Record November 20, 2002

Debt Service Funds

Enterprise Funds ($13,380,985) — Debt Service Funds ($26,945,000) — appropriations (O 2104-02)...... 2491 General Fund ($7,600,904) — Special Revenue Fund ($45,000) — Enterprise Fund ($35,000) — Debt Service Fund ($5,000) — transfer within various divisions (O 2106-02) ...... 2493

Economic Development Department

3500 Group, Ltd. — amendment to Contract No. 58227 (O 1892-02) ...... 2489 Achievement Centers for Children — Purchase Agreement — amend Ord. No. 2412-01 (O 2223-02)...... 2469 Cudell Improvement, Inc. — economic development assistance — 10505 Madison Ave. (O 2252-02)...... 2466 Gateway Electric, Inc. — economic development assistance — facility at Block H, Parcel B (O 2251-02) ...... 2466 Lower Euclid Avenue Commercial and Residential District (the “Project”) — Euclid/Prospect II Community Development Plan — property — acquire title — Lower Euclid Avenue LLC (O 2246-02) ...... 2464 Lower Euclid Avenue Commercial and Residential District redevelopment project — tax increment financing (O 2247-02) ...... 2464 New Village Corporation — Family Dollar store — Fries & Schuele Building — Enterprise Zone Agreement (O 1929-02) ...... 2490 Solomon Enterprises Ltd. — barber college — Empowerment Zone Section 108 loan — Development Initiative Grant Agreement (O 1927-02) ...... 2489 Solomon Enterprises Ltd. — new building — barber college — Enterprise Zone Agreement (O 1928-02)...... 2489 The Cleveland Growers Marketing Company, Inc. — Empowerment Zone Section 108 loan — Economic Development Initiative Grant Agreement — new warehouse and distribution facility (O 2249-02) ...... 2465 The Cleveland Growers Marketing Company, Inc. — Enterprise Zone Agreement — new warehouse and distribution facility (O 2250-02) ...... 2466 The Cleveland Growers Marketing Company, Inc. — loan and grant agreement — amend Ord. No. 1288-02 (O 2248-02) ...... 2465

Empowerment Zone

Solomon Enterprises Ltd. — barber college — Empowerment Zone Section 108 loan — Development Initiative Grant Agreement (O 1927-02) ...... 2489 The Cleveland Growers Marketing Company, Inc. — Empowerment Zone Section 108 loan — Economic Development Initiative Grant Agreement — new warehouse and distribution facility (O 2249-02) ...... 2465

Enterprise Funds

Appropriations — Enterprise Funds ($13,380,985) — Debt Service Funds ($26,945,000) (O 2104-02)...... 2491 Transfer within various divisions — General Fund ($7,600,904) — Special Revenue Fund ($45,000) — Enterprise Fund ($35,000) — Debt Service Fund ($5,000) (O 2106-02) ...... 2493

Enterprise Zone Agreement

New Village Corporation — Family Dollar store — Fries & Schuele Building (O 1929-02)...... 2490 Solomon Enterprises Ltd. — new building — barber college (O 1928-02) ...... 2489 The Cleveland Growers Marketing Company, Inc. — new warehouse and distribution facility (O 2250-02)...... 2466

Finance Department

Appropriations - Budget — 2003 (O 2222-02) ...... 2448 Enterprise Funds ($13,380,985) — Debt Service Funds ($26,945,000) — appropriations (O 2104-02)...... 2491 Financial audit — Department of Finance — contract — Ohio Auditor of State (O 2153-02)...... 2478 Funding sources — amend the sections of various ordinances (O 2154-02) ...... 2478 2506 November 20, 2002 The City Record 63

General Fund ($3,265,671) — Internal Service Funds ($1,846,151) — Special Revenue Funds ($3,482,216) — appropriations (O 2105-02) ...... 2492 General Fund ($7,600,904) — Special Revenue Fund ($45,000) — Enterprise Fund ($35,000) — Debt Service Fund ($5,000) — transfer within various divisions (O 2106-02) ...... 2493 Moral Claims - payment (O 2225-02) ...... 2455 Tax amounts and rate — determined — Budget Commission — tax levies — County Auditor (R 2185-02) ...... 2478

Funds

Enterprise Funds ($13,380,985) — Debt Service Funds ($26,945,000) — appropriations (O 2104-02)...... 2491 Funding sources — amend the sections of various ordinances (O 2154-02) ...... 2478 General Fund ($3,265,671) — Internal Service Funds ($1,846,151) — Special Revenue Funds ($3,482,216) — appropriations (O 2105-02) ...... 2492 General Fund ($7,600,904) — Special Revenue Fund ($45,000) — Enterprise Fund ($35,000) — Debt Service Fund ($5,000) — transfer within various divisions (O 2106-02) ...... 2493

General Fund

Appropriations — General Fund ($3,265,671) — Internal Service Funds ($1,846,151) — Special Revenue Funds ($3,482,216) — appropriations (O 2105-02) ...... 2492 General Fund ($7,600,904) — Special Revenue Fund ($45,000) — Enterprise Fund ($35,000) — Debt Service Fund ($5,000) — transfer within various divisions (O 2106-02) ...... 2493

Grants

Cuyahoga County Public Health Collaborative program — grant funds — Cuyahoga County Board of Health (O 2238-02) ...... 2460 Federal AIDS Prevention Program — grant — Ohio Department of Health (O 2239-02) ...... 2461 West Technical High School — redevelopment — grants — Gund Foundations — loan agreements — WTech, LP (O 2224-02) ...... 2469

Gund Foundation

West Technical High School — redevelopment — grants — Gund Foundations — loan agreements — WTech, LP (O 2224-02)...... 2469

Health Centers

Elevators — maintain and repair — various health centers — including inspections (O 2240-02)...... 2461

Health Department

Cuyahoga County Public Health Collaborative program — grant funds — Cuyahoga County Board of Health (O 2238-02) ...... 2460 Elevators — maintain and repair — various health centers — including inspections (O 2240-02)...... 2461 Federal AIDS Prevention Program — grant — Ohio Department of Health (O 2239-02) ...... 2461 Licensed medical professionals — employment — amend Sec. 141.39 (O 2241-02)...... 2461

Hermes Race Systems

Turkey Trot Race — permit (O 2189-02) ...... 2497

Homeless

Homeless assistance activities — non-profit agencies — Cleveland/Cuyahoga County Office of Homeless Services (O 1541-02)...... 2476 National Housing Trust Fund Act of 2001 — endorsement — encourage support — Preservation Matching Grant Program (R 2261-02) ...... 2472

Housing

National Housing Trust Fund Act of 2001 — endorsement — encourage support — Preservation Matching Grant Program (R 2261-02) ...... 2472 2507 64 The City Record November 20, 2002

Housing and Urban Development (HUD)

Park Lane Villa apartment complex — affordable housing — urging HUD to reconsider decision — subsidized status (R 2273-02) ...... 2476

Insurance

Health and life insurance benefits — City employees of military leave — amend Ord. No. 2035-01 (O 2260-02) ...... 2471 Police helicopters (2) — aviation insurance — Division of Police (O 2172-02)...... 2496

Internal Service Funds

Appropriations — General Fund ($3,265,671) — Internal Service Funds ($1,846,151) — Special Revenue Funds ($3,482,216) (O 2105-02) ...... 2492

Land Reutilization Program

E. 117th St. — Shorebank Cleveland (O 2245-02)...... 2463 Marvin Ave. — Civic Builders, LLC. (O 2244-02)...... 2462

Landmark Commission

John Edwards House — designating — Cleveland Landmark (O 1728-02) ...... 2487

Liquor Permits

Addison Rd., 1199 — objection withdrawn (Ward 7) (R 2268-02) ...... 2474 Bartlett Ave., 15315 — objection withdraw (Ward 3) (R 2270-02) ...... 2475 Broadview Rd., 2039 — objection withdraw (Ward 16) (R 2198-02) ...... 2486 Buckeye Rd., 13009 — transfer (Ward 4) (F 2285-02) ...... 2447 Cedar Ave., 7905 — objection withdraw (Ward 6) (R 2265-02)...... 2473 E. 55th St., 2625 — transfer (Ward 5) (F 2286-02) ...... 2448 E. 93rd St., 3875 — transfer (Ward 2) (F 2288-02) ...... 2448 Euclid Ave., 17801 — objection (Ward 10) (R 2266-02) ...... 2473 Harvard Ave., 14720 — objection withdraw (Ward 1) (R 2196-02) ...... 2486 Lakeshore Blvd., 15550 — new (Ward 11) (F 2282-02) ...... 2447 Miles Ave., 11401 — transfer (Ward 2) (F 2287-02) ...... 2448 Union Ave., 10221 — objection withdraw (Ward 3) (R 2269-02)...... 2474 W. 105th St., 3691 — new (Ward 18) (F 2283-02) ...... 2447 W. 25th St., 2527 — application (Ward 14) (F 2281-02) ...... 2447 W. 25th St., 2527 — transfer (Ward 14) (F 2289-02) ...... 2448 Wade Park Ave., 9200 — objection withdraw (Ward 7) (R 2197-02) ...... 2486 Woodworth Rd., 14625-27 — transfer (Ward 10) (R 2267-02) ...... 2474 Woodworth Rd., 14625-27 — transfer (Ward 10) (F 2284-02) ...... 2447

Living Wage

A.W. Farrell & Son, Inc. — Living Wage Coordinator — Fair Employment Law (F 2274-02)...... 2447 Action Automatics, Inc. — Living Wage Coordinator — Fair Employment Wage Law (F 2275-02) ...... 2447 City Auto Frame — Living Wage Coordinator — Fair Employment Wage Law (F 2276-02) ...... 2447 Hal Jones Construction — Living Wage Coordinator — Fair Employment Wage Law (F 2277-02) ...... 2447 KONE, Inc. — Living Wage Coordinator — Fair Employment Wage Law (F 2278-02) ...... 2447 Warren Roofing — Living Wage Coordinator — Fair Employment Wage Law (F 2279-02) ...... 2447

Medicare

Medicare payments — opposing proposal to reduce (R 2263-02) ...... 2473 Prescription drug program — Ohio’s Medicaid supplemental rebate —proposal for management of program (R 2199-02)...... 2486 2508 November 20, 2002 The City Record 65

Moral Claims

Payment (O 2225-02) ...... 2455

Motor Vehicle Maintenance Division (MVM)

Anti-freeze — purchase (O 2231-02) ...... 2458 Automobile and truck spring parts — purchase (O 2229-02) ...... 2458 Automotive, truck, and equipment glass — repair or replace (O 2230-02) ...... 2458 Chevrolet-GMC vehicle parts — purchase (O 2233-02) ...... 2459 Diesel fuel — purchase (O 2112-02)...... 2478 E.Z. Pack packer parts — purchase — R&R Mack Sales, Inc. (O 2234-02) ...... 2459 Elgin Street sweeper parts — purchase — Jack Doheny Supplies Ohio, Inc. (O 2235-02)...... 2460 Fuel dispensing pumps — fuel operations, fuel tankers, hydraulic lifts, oil and great dispensing equipment, stationary air compressors and for emergency cleanup — leaking underground storage tanks (O 2236-02) ...... 2460 Gasoline — purchase (O 2113-02) ...... 2478 Salt spreader, insert, and plow parts — purchase (O 2228-02) ...... 2458 Vehicle frames & vehicle alignments — repair (O 2232-02)...... 2459

Neighborhood Equity Funds

Boys and Girls Clubs of Greater Cleveland — grant agreement — Broadway Youth Program — Ward 12 (O 2194-02) ...... 2498 Funding sources — amend the sections of various ordinances (O 2154-02) ...... 2478 Goodwill Industries of Greater Cleveland — grant agreement — 1st Annual Disability Awareness Day — Ward 9 (O 2190-02) ...... 2497 Northeast Neighborhood Development Corporation — Sim’s Raiders Youth Football Program — amend Ord. No. 2170-01 — Ward 6, 8, 9, 10, and 11 (O 2256-02) ...... 2470 Second mortgage assistance — house financing — Ward 2 (O 2195-02) ...... 2498 Senior Citizens Resources, Inc — agreement — Holiday Meals Program — Ward 15 (O 2191-02) ...... 2497

Office of Equal Opportunity

James H. Walker Construction Management Training Course — enact Sec. 187.16 (O 1850-02)...... 2488

Ohio Department of Public Health

Federal AIDS Prevention Program — grant (O 2239-02) ...... 2461

Parks, Recreation and Properties Department

Achievement Centers for Children — Purchase Agreement — amend Ord. No. 2412-01 (O 2223-02)...... 2469 Lakeshore Blvd., 16300 — acquire property — park and recreational purposes (O 2243-02)...... 2462 Lakeshore Blvd., 16300 — intention to appropriate (R 2254-02) ...... 2467 Maplewood Park — 17810 Midvale Avenue — appropriate property (R 2186-02) ...... 2485 Plymouth Rd., 1621 — sell City-owned property — Property Improvement Specialist, Inc. (O 2242-02)...... 2462 Social service programs — amend Ord. 1119-02 (O 2030-02) ...... 2476

Permits

Turkey Trot Race — Hermes Race System (O 2189-02) ...... 2497

Personnel Department

Health and life insurance benefits — City employees of military leave — amend Ord. No. 2035-01 (O 2260-02) ...... 2471 Part-Time/Seasonal Group — amend Sec. 42 — compensation (O 1890-02) ...... 2488 Salaries — amending Sec. 8, add new Sec. 39a — Ord. 469-02 and Ord. 639-02 (O 2066-02)...... 2477 2509 66 The City Record November 20, 2002

Police Division

Police helicopters (2) — aviation insurance (O 2172-02) ...... 2496

Port Control Department

Trans World Airlines, LLC — Contract No. 28672 — amendment (O 2227-02) ...... 2457

Public Hearings (Notices)

W. 20th St., W. & Abbey Ave., N. — change the zoning (O 1730-02) ...... 2484

Purchases and Supplies Division

Lakeshore Blvd., 16300 — acquire property — park and recreational purposes (O 2243-02)...... 2462 Lower Euclid Avenue Commercial and Residential District (the “Project”) — Euclid/Prospect II Community Development Plan — property — acquire title — Lower Euclid Avenue LLC (O 2246-02) ...... 2464 Plymouth Rd., 1621 — sell City-owned property — Property Improvement Specialist, Inc. (O 2242-02)...... 2462

Real Estate

Achievement Centers for Children — Purchase Agreement — amend Ord. No. 2412-01 (O 2223-02)...... 2469

Recognition

Greer, Thomas H. (R 2301-02) ...... 2448 Marinucci, Joseph A. (R 2300-02) ...... 2448 Michael R. White Building Dedication at Arbor Park Village (R 2299-02) ...... 2448 National Diabetes Awareness Month (R 2302-02) ...... 2448

Resolutions - Miscellaneous

CDBG funds and HOME funds — reaffirming importance (R 2272-02) ...... 2475 Diabetes Awareness Month — designating the month of November (R 2262-02) ...... 2472 Medicare payments — opposing proposal to reduce (R 2263-02) ...... 2473 National Housing Trust Fund Act of 2001 — endorsement — encourage support — Preservation Matching Grant Program (R 2261-02) ...... 2472 Park Lane Villa apartment complex — affordable housing — urging HUD to reconsider decision — subsidized status (R 2273-02) ...... 2476 Prescription drug program — Ohio’s Medicaid supplemental rebate —proposal for management of program (R 2199-02)...... 2486 YMCA of Greater Cleveland — oppose closure of facilities (R 2271-02) ...... 2475

Safety Department

Police helicopters (2) — aviation insurance — Division of Police (O 2172-02)...... 2496 Social service programs — amend Ord. 1119-02 (O 2030-02) ...... 2476

Salaries

Compensation — amend Sec. 4 of Ord. No. 469-02 (O 2259-02)...... 2471 Part-Time/Seasonal Group — amend Sec. 42 — compensation (O 1890-02) ...... 2488 Salaries — amending Sec. 8, add new Sec. 39a — Ord. 469-02 and Ord. 639-02 (O 2066-02)...... 2477

Senior Citizen Resources

Holiday Meals Program — agreement — Ward 15 Neighborhood Equity Funds (O 2191-02) ...... 2497

Service Department

Anti-freeze — purchase — Division of Motor Vehicle Maintenance (O 2231-02) ...... 2458 Automobile and truck spring parts — purchase — Division of Motor Vehicle Maintenance (O 2229-02)...... 2458 Automotive, truck, and equipment glass — repair or replace — Division of Motor Vehicle Maintenance (O 2230-02) ...... 2458 2510 November 20, 2002 The City Record 67

Chevrolet-GMC vehicle parts — purchase — Division of Motor Vehicle Maintenance (O 2233-02)...... 2459 Concord Court S.W. — vacate (Ward 16) (O 1978-02) ...... 2490 Diesel fuel — purchase — Division of Motor Vehicle Maintenance (O 2112-02) ...... 2478 E.Z. Pack packer parts — purchase — R&R Mack Sales, Inc. — Division of Motor Vehicle Maintenance (O 2234-02) ...... 2459 Elgin Street sweeper parts — purchase — Jack Doheny Supplies Ohio, Inc. — Division of Motor Vehicle Maintenance (O 2235-02) ...... 2460 Fuel dispensing pumps — fuel operations, fuel tankers, hydraulic lifts, oil and great dispensing equipment, stationary air compressors and for emergency cleanup — leaking underground storage tanks — Division of Motor Vehicle Maintenance (O 2236-02)...... 2460 Gasoline — purchase — Division of Motor Vehicle Maintenance (O 2113-02) ...... 2478 New Traffic Signal Dedication Ceremony — banner — Sabra Pierce Scott (O 2264-02)...... 2472 Salt spreader, insert, and plow parts — purchase — Division of Motor Vehicle Maintenance (O 2228-02) ...... 2458 Sidewalks, driveway aprons, curbing, curb ramps, median strips, intersections, bridge approaches, utility box and casting adjustments, and appurtenances — public improvement (O 2237-02) ...... 2460 University Circle Incorporated — banner — Holiday CircleFest (O 2257-02) ...... 2470 Vehicle frames & vehicle alignments — repair — Division of Motor Vehicle Maintenance (O 2232-02)...... 2459

Sewers

Melbourne Avenue Sewer — alterations in Contract No. 58890 — Fabrizi Trucking & Paving Co. (O 2108-02) ...... 2478 West Park/Lydian Avenue Sewer — alterations in Contract No. 58271 — DiGioia-Suburban Excavating LLC. (O 2109-02)...... 2478

Sidewalks

Sidewalks, driveway aprons, curbing, curb ramps, median strips, intersections, bridge approaches, utility box and casting adjustments, and appurtenances — public improvement (O 2237-02) ...... 2460

Special Revenue Funds

Appropriations — General Fund ($3,265,671) — Internal Service Funds ($1,846,151) — Special Revenue Funds ($3,482,216) (O 2105-02) ...... 2492 Transfer within various divisions — General Fund ($7,600,904) — Special Revenue Fund ($45,000) — Enterprise Fund ($35,000) — Debt Service Fund ($5,000) (O 2106-02) ...... 2493

State Auditor

Financial audit — Department of Finance — contract — Ohio Auditor of State (O 2153-02)...... 2478

Street Vacation

Concord Court S.W. — vacate (Ward 16) (O 1978-02) ...... 2490

Taxes

Tax amounts and rate — determined — Budget Commission — tax levies — County Auditor (R 2185-02) ...... 2478

University Circle

Holiday CircleFest — University Circle Incorporated — banner (O 2257-02) ...... 2470

Utilities Department

800 MHz radio system — software — Contract No. 52204 — amendment — Motorola, Inc. (O 2062-02)...... 2476 Building maintenance services — purchase — various divisions (O 2026-02) ...... 2476 Carpeting, module wall systems and office furniture — purchase — various divisions (O 2025-02)...... 2476 2511 68 The City Record November 20, 2002

Cleveland Public Power Expansion Program — marketing and advertising services (O 2226-02)...... 2457 Melbourne Avenue Sewer — alterations in Contract No. 58890 — Fabrizi Trucking & Paving Co. (O 2108-02) ...... 2478 West Park/Lydian Avenue Sewer — alterations in Contract No. 58271 — DiGioia-Suburban Excavating LLC. (O 2109-02)...... 2478

Ward 01

Gateway Electric, Inc. — economic development assistance — facility at Block H, Parcel B (O 2251-02) ...... 2466 Harvard Ave., 14720 — objection withdraw — liquor permit (R 2196-02) ...... 2486 Lee Rd. — from Preibe Ave. to McCracken Rd — change the zoning (O 2253-02) ...... 2467 Thomas, Reola Norfleet — condolence (R 2293-02) ...... 2448

Ward 02

Davis, Dr. Pauline S. — condolence (R 2294-02) ...... 2448 E. 93rd St., 3875 — transfer — liquor permit (F 2288-02) ...... 2448 Miles Ave., 11401 — transfer — liquor permit (F 2287-02)...... 2448 Second mortgage assistance — house financing — Neighborhood Equity Funds (O 2195-02)...... 2498

Ward 03

E. 117th St. — Land Reutilization Program — Shorebank Cleveland (O 2245-02) ...... 2463 National Diabetes Awareness Month — recognition (R 2302-02) ...... 2448

Ward 04

Buckeye Rd., 13009 — transfer — liquor permit (F 2285-02)...... 2447

Ward 05

E. 55th St., 2625 — transfer — liquor permit (F 2286-02) ...... 2448 Greer, Thomas H. — recognition (R 2301-02) ...... 2448 Michael R. White Building Dedication at Arbor Park Village — recognition (R 2299-02) ...... 2448 Solomon Enterprises Ltd. — barber college — Empowerment Zone Section 108 loan — Development Initiative Grant Agreement (O 1927-02) ...... 2489 Solomon Enterprises Ltd. — new building — barber college — Enterprise Zone Agreement (O 1928-02)...... 2489 The Cleveland Growers Marketing Company, Inc. — Empowerment Zone Section 108 loan — Economic Development Initiative Grant Agreement — new warehouse and distribution facility (O 2249-02) ...... 2465 The Cleveland Growers Marketing Company, Inc. — Enterprise Zone Agreement — new warehouse and distribution facility (O 2250-02) ...... 2466 The Cleveland Growers Marketing Company, Inc. — loan and grant agreement — amend Ord. No. 1288-02 (O 2248-02) ...... 2465

Ward 06

Northeast Neighborhood Development Corporation — Sim’s Raiders Youth Football Program — amend Ord. No. 2170-01 — Ward 6, 8, 9, 10, and 11 Neighborhood Equity Funds (O 2256-02)...... 2470 Park Lane Villa apartment complex — affordable housing — urging HUD to reconsider decision — subsidized status (R 2273-02) ...... 2476 University Circle Incorporated — banner — Holiday CircleFest (O 2257-02) ...... 2470 Wilson, Robert — condolence (R 2295-02) ...... 2448 Wright, Eugene — condolence (R 2291-02) ...... 2448

Ward 07

Wade Park Ave., 9200 — objection withdraw — liquor permit (R 2197-02) ...... 2486

Ward 08

New Traffic Signal Dedication Ceremony — banner — Sabra Pierce Scott (O 2264-02) ...... 2472 2512 November 20, 2002 The City Record 69

Northeast Neighborhood Development Corporation — Sim’s Raiders Youth Football Program — amend Ord. No. 2170-01 — Ward 6, 8, 9, 10, and 11 Neighborhood Equity Funds (O 2256-02)...... 2470 University Circle Incorporated — banner — Holiday CircleFest (O 2257-02) ...... 2470

Ward 09

Banks, Rev. Dr. Leroy, Sr. — appreciation (R 2303-02)...... 2448 Goodwill Industries of Greater Cleveland — grant agreement — 1st Annual Disability Awareness Day — Ward 9 Neighborhood Equity Funds (O 2190-02) ...... 2497 Northeast Neighborhood Development Corporation — Sim’s Raiders Youth Football Program — amend Ord. No. 2170-01 — Ward 6, 8, 9, 10, and 11 Neighborhood Equity Funds (O 2256-02)...... 2470 University Circle Incorporated — banner — Holiday CircleFest (O 2257-02) ...... 2470

Ward 10

Maxwell, Josephine Chambers — condolence (R 2292-02)...... 2448 Northeast Neighborhood Development Corporation — Sim’s Raiders Youth Football Program — amend Ord. No. 2170-01 — Ward 6, 8, 9, 10, and 11 Neighborhood Equity Funds (O 2256-02)...... 2470 Woodworth Rd., 14625-27 — transfer — liquor permit (F 2284-02)...... 2447

Ward 11

Lakeshore Blvd., 15550 — new — liquor permit (F 2282-02) ...... 2447 Lakeshore Blvd., 16300 — acquire property — park and recreational purposes (O 2243-02)...... 2462 Lakeshore Blvd., 16300 — intention to appropriate (R 2254-02) ...... 2467 Northeast Neighborhood Development Corporation — Sim’s Raiders Youth Football Program — amend Ord. No. 2170-01 — Ward 6, 8, 9, 10, and 11 Neighborhood Equity Funds (O 2256-02)...... 2470

Ward 12

Boys and Girls Clubs of Greater Cleveland — grant agreement — Broadway Youth Program — Neighborhood Equity Funds (O 2194-02) ...... 2498

Ward 13

Euclid/Prospect II Community Development Plan — acquisition, clearance and redevelopment — Treatment Area Block 3, Site B (R 2255-02) ...... 2467 Lower Euclid Avenue Commercial and Residential District (the “Project”) — Euclid/Prospect II Community Development Plan — property — acquire title — Lower Euclid Avenue LLC (O 2246-02) ...... 2464 Lower Euclid Avenue Commercial and Residential District redevelopment project — tax increment financing (O 2247-02) ...... 2464 Marinucci, Joseph A. — recognition (R 2300-02) ...... 2448 New Village Corporation — Family Dollar store — Fries & Schuele Building — Enterprise Zone Agreement (O 1929-02) ...... 2490 Turkey Trot Race — permit — Hermes Race System (O 2189-02) ...... 2497 W. 20th St., W. & Abbey Ave., N. — change the zoning (O 1730-02) ...... 2484

Ward 14

John Edwards House — designating — Cleveland Landmark (O 1728-02) ...... 2487 Marvin Ave. — Land Reutilization Program — Civic Builders, LLC. (O 2244-02) ...... 2462 W. 25th St., 2527 — application — liquor permit (F 2281-02) ...... 2447 W. 25th St., 2527 — transfer — liquor permit (F 2289-02) ...... 2448

Ward 15

Plymouth Rd., 1621 — sell City-owned property — Property Improvement Specialist, Inc. (O 2242-02)...... 2462 Senior Citizens Resources, Inc — agreement — Holiday Meals Program — Neighborhood Equity Funds (O 2191-02)...... 2497 2513 70 The City Record November 20, 2002

Ward 16

Broadview Rd., 2039 — objection withdraw — liquor permit (R 2198-02)...... 2486 Concord Court S.W. — vacate (O 1978-02) ...... 2490

Ward 17

First Lego League Tournaments — congratulations (R 2297-02) ...... 2448 Malicki, Linda — congratulation (R 2298-02) ...... 2448

Ward 18

Cudell Improvement, Inc. — economic development assistance — 10505 Madison Ave. (O 2252-02)...... 2466 Sheboy, Michael Louis — condolence (R 2290-02) ...... 2448 W. 105th St., 3691 — new — liquor permit (F 2283-02)...... 2447 West Technical High School — redevelopment — grants — Gund Foundations — loan agreements — WTech, LP (O 2224-02)...... 2469

Ward 19

Sheboy, Michael Louis — condolence (R 2290-02) ...... 2448

Ward 20

Maplewood Park — 17810 Midvale Avenue — appropriate property (R 2186-02) ...... 2485 Sweeney, Judge James D. — congratulation (R 2296-02) ...... 2448

Ward 21

Melbourne Avenue Sewer — alterations in Contract No. 58890 — Fabrizi Trucking & Paving Co. (O 2108-02) ...... 2478 Sheboy, Michael Louis — condolence (R 2290-02) ...... 2448 West Park/Lydian Avenue Sewer — alterations in Contract No. 58271 — DiGioia-Suburban Excavating LLC. (O 2109-02)...... 2478

Water Division

Annual Report, 2001 — 24:7 water around the clock (F 2280-02)...... 2447

Zoning

Lee Rd. — from Preibe Ave. to McCracken Rd — change the zoning (O 2253-02) ...... 2467 W. 20th St., W. & Abbey Ave., N. — change the zoning (O 1730-02) ...... 2484

2514